ADV SIKHAKHANE

Senior officers such as Colonel Jacob did not comply with the National Instruction on crime scene management at the investigated scene.

“including your senior , Colonel Jacob”

A witness, Warrant Officer Van Den Berg, described the scene on 22 June as chaotic in terms of counting exhibits and no one was controlling the counting.

“what he says is that it seems that the scene was chaotic and no one was ... everyone was just handling the exhibits”

Advocate Sikhakhane suggested some people may have tampered with the exhibits due to chaotic handling, but Warrant Officer Mpangase denied this and asserted the exhibit's integrity was maintained.

“everyone was moving about , it could have happened that some people may have tampered with the exhibits ... what you are saying is not so ... it was the integrity of the exhibit was contained”

Lieutenant Colonel Sibiya admits that the LCRC was not called as required and he had been instructed to take photos himself instead.

“I was instructed to take photos, Chair.”

The report prior to the bust provided by Lt-Col Duma is part of a confidential bundle accessible at reference 316, as confirmed by Adv Sikhakhane and Lt-Col Duma.

“No. In fact, it is in your bundle that you shared with me . . . Attached the SOP of ORS, you should go to 316, you will find it there . . . So this is the report that you provided”

Since at least 2017/2021, LT-COL PRINSLOO's office no longer had authority or could not store exhibits legally and no SAPS 13 register existed; senior officers Nyuswa and Senona aware of this.

“at least as of 2017, your office no longer has the authority or cannot store exhibits. So, the SAPS 13 register does not exist. You and Brigadier Nyuswa and General Senona would be aware of that. / in 2021. / And Warrant Officer Mpanga would be aware of it too.”

The unsealed bags storing the exhibits are contrary to the National Instruction prescripts and known by senior officers like Senona and Nyuswa.

“the bags or the exhibits are not sealed properly as they should according to the National Instruction. And at least yourself, Major General Senona and Brigadier Nyuswa would know that.”

Instructions given by Major General Senona and Brigadier Nyuswa to LT-COL PRINSLOO were contrary to the prescripts regarding exhibit storage; LT-COL PRINSLOO was compelled to obey.

“in terms of seniority, Major General Senona and Brigadier Nyuswa were the ones giving you instructions and you are saying you had to obey those instructions and commands.”

With hindsight, LT-COL PRINSLOO agrees that the instructions given were unlawful due to shortcomings in storage, sealing, and overall handling.

“With hindsight, would you say that they gave you an unlawful instruction? / Seeing all the shortcomings, that could have been so, yes, Commissioner.”

Adv Sikhakhane states he is not accused of selectively pulling a page but wants to provide context for certain documents.

“I am not accused of sort of pulling a page. It is just a matter of context, to provide context.”

Adv Sikhakhane intends to rely on one page of the probity report served at 11:52 PM last night, which relates to the sitting of Mr Malatji and his submission or lack of submission of his scoresheets in a tender process.

“the one document that is crucial is the probity report, which is, essentially, even there, I am relying on a page of it.”

Amounts for ad hoc services from January to June 2025 are around R14 million for January and approximately R82,632,210 for February to June, according to emails reviewed.

“that what they say, that is your boss, says the amounts of ad hoc services as follows, January to June 2025, the amount for January, I think that is one of the things we are going to go back to, is an amount of R14 million. Or 29. Would that be what you would recall to be what would be for January? And then for the following five month period, it is a total of R 82632210 for February to June.”

Director Malatji accepts the correctness of what Mr Sikhakhane is saying about accountability at the directorate level.

“So, in short, you accept the correctness of what Mr Sikhakhane is saying? Yes, no, I agree with you.”

There is difficulty in accessing certain files such as a Phiri suspension letter relevant to Deputy Commissioner Dhlamini.

“that is your signature at the bottom.”