Mr Phillips

Mr. Raphesu explained the claims about improper procedure were discussed in a conversation between Advocate Johnson and Honourable Mr. Sauls in relation to affidavits filed by Colonel Phillips and Lieutenant General Jacobs.

“It was a conversation between Advocate Johnson and Honourable Mr Sauls, if I remember, but it was in relation to the affidavit that was filed by Colonel Phillips and Lieutenant General Jacobs.”

Colonel Phillips informed Mr. Raphesu that the dockets were not in Villieria but had been collected by the Hawks and locked up in his General's office, and that dockets could only be released possibly on the Monday morning.

“Already, I have informed Chief Perumal that the dockets were collected, they are not in Villieria, by some Colonel Phillips from the Hawks. ... You cannot get the dockets today. You can only get the dockets possibly on Monday because the dockets were locked up in his General's office.”

Mr. Raphesu witnessed an interaction and arrangements between Colonel Phillips and Chief Perumal for collection and letter exchange regarding the dockets.

“They are now making arrangements for the collection of the dockets on Monday. Soon the arrangements, they are talking how they are going to move about, how the letters will be exchanged between the two of them and how the letters should be directed.”

The process of requesting and collecting dockets was complicated by internal office commotion and changes in official letter addressees, resulting in Advocate Johnson instructing shredding and changing letters instead of sending original requests to Major General Khumalo or Lieutenant General Jacobs.

“There was a lot of commotion on that day... I had to change the letter request from Major General Khumalo to Lieutenant General Jacobs... Her response was that I must shred the letter because it was not going to Lieutenant General Jacobs. She said she had written to Divisional Commissioner Detective Services, Lieutenant General Sentumule... Advocate Johnson told me to ask Mr Raphesu to call Colonel Phillips and ask if Lieutenant General Sentumule had asked Colonel Phillips to hand the dockets over.”

Colonel Phillips was tasked to obtain an affidavit from the complainant, but the complainant appeared to be evading the request.

“Colonel Phillips of this office was asked to obtain the affidavit . However , after numerous attempts , it seems as if the complainant is evading the request”

Colonel Phillips expresses the view that the affidavits in the dockets are basic and lack the element of a crime but directs all dockets to Legal Services for an opinion.

“The affidavits in the dockets are basic and , in the opinion of this office , lack the element of a crime . The author expresses that view , sends the dockets to Legal Services and say , can we get an opinion whether or not what is in the dockets discloses a crime ?”

Colonel Phillips stated in his report that the complainant's statements were superficial, based on hearsay and did not contain all elements of the alleged offences, and attempts to obtain evidence from the complainant were unsuccessful.

“In his report, Colonel Phillips states that the complainant's statements were superficial, based on hearsay and that they did not contain all the elements of the alleged offences. It further details his communication with the complainant and the attempts that he made to obtain evidence in order to support the allegations, which the complainant alleged to be in possession of. These attempts proved unsuccessful.”

Colonel Phillips reviewed docket 404 and found it did not contain any facts in support of the allegation of a cover-up involving General Khumalo.

“Colonel Phillips says, I have looked at 404, it does not contain any facts in support of the allegation of a cover-up. Not the loss of a computer that you find in 38, but allegation being there has been a cover-up and the 404 statement, A1 statement, does not provide any information that points to that cover-up.”

The illegal conduct detailed was carried out by Mr Mazzotti in concert with Mr M Sayed and Mr Phillips.

“this is not just conduct that was undertaken by Mr Mazzotti on his own. He did it in concert with Mr M Sayed and with Mr Phillips”

The amount in dispute raised by SARS against Carnilinx and its directors including Mr Mazzotti, Mr Phillips, and Mr Sayed is about 31.5 million, but the settlement agreement was concluded on a basis of 5 million and some.

“the amount in dispute means the debt raised by SARS against Carnilinx, the company of which Mr Mazzotti, Mr Phillips, and Mr Sayed are directors, so it is against the company as well as Phillips and Mazzotti in their personal capacities. The amount in dispute is about 31.5 million, but the settlement agreement concluded on basis of 5 million and some.”