Mr Msibi

Sergeant Nkosi shared a draft letter with Mr Msibi at 8:37 p.m. on 9 February, and Mr Msibi responded that it was okay.

“If we go back first to the chats with Mr Msibi on page 97, we see Sergeant Nkosi shares that draft letter immediately with Mr Msibi. That is at 8 : 3 7 p . m . , chat number 2 . That is the draft . Mr Msibi responds to him : “ T h a t i s o k a y . ””

Sergeant Nkosi represented to the Czech government that Invays would be demonstrating to the South African Police, but actually there was a plan to sell grabber technology to the Kingdom of Eswatini.

“So Sergeant Nkosi has represented to the Czech government that they are , that Invays will be demonstrating to the South African Police Service . ... Now of course that is not what the Czech Republic has been told at all . The Czech Republic has been told that this is a demonstration for the South African Police Service . ... “ H a v e a p l a n t o s e l l g r a b b e r t e c h n o l o g y t o t h e k i n g d o m o f E s w a t i n i . ””

Sergeant Nkosi forwarded the signed document to Mr Msibi two seconds after receiving it from Mr Jacobs on 9 February at 10:24:31 p.m.

“If we go back to page 97 , we see two seconds later he forwards it to Mr Msibi , 1 0 : 2 4 : 3 1 .”

Communications continued in March 2023 regarding company details for a contract with Invays for the Eswatini deal, with Sergeant Nkosi sending screenshots and responses about the 'old man' meeting the King.

“While this was going on , on the 27 th of February , ... Starting at the top of 123 on the 14 th of March : “ H i F a n n i e m y f r i e n d , h o p e y o u a r e w e l l . D o y o u h a v e a n y u p d a t e s ? ” ... “ O l d m a n i s c o m i n g b a c k t o m o r r o w m o r n i n g f r o m S w a z i l a n d .”

The deal for Swaziland was ultimately lost, as indicated by a message from a partner of Shaun expressing disappointment on 17 October.

“it seems that the deal was lost because if one goes to page 112 , one sees that on the 17 th of October , Sergeant Nkosi forwards to Mr Msibi a message that seems to come from a partner of Shaun : “ M y b r o t h e r , I a m r e a l l y d i s a p p o i n t e d a b o u t h o w t h i n g s w o r k e d o u t o n t h e K i n g d o m d e a l .”

Sergeant Nkosi signing documents on behalf of SAPS and purporting to represent SAPS in future agreements with international organizations or suppliers constitutes an out-and-out fraud to which everyone involved in the project with knowledge of the letter is party.

“the inference is that that is an out-and-out fraud, but it is a fraud to which everyone involved in that project is party. Everyone involved in that project with knowledge of Sergeant Nkosi’s letter, was also involved.”

Mr Msibi and Shane or Shaun were aware of and involved in Sergeant Nkosi’s fraudulent conduct regarding SAPS representation.

“the only people that we can identify in that regard are Mr Msibi, who is no longer alive, and Shane or Shaun.”

Themi Style CC is a close corporation with Mr Msibi as its sole director/member, presenting itself as a high-tech security company providing services to the state.

“the only director of Themi Style is Mr Msibi himself... Themi Style is presenting itself as a state-of-the-art high-tech security company with surveillance capacity and as a company that provides services to the state.”

Mr Msibi and Mr Motsumi are purporting to represent the South African state in dealings with a European dealer in high-tech security surveillance equipment, claiming to have a service level agreement from the state.

“So they are purporting to have a service level agreement from the state.”

Mr Msibi has been described by General Khumalo as the then leader of the Big Five organized crime cartel.

“Mr Msibi has been described by General Khumalo, who is the Head of Crime Intelligence, as the then leader of the Big Five organized crime cartel.”

Private parties including Mr Msibi, Mr Motsumi and Mr Molefe are passing themselves off as representatives of states and trading or attempting to trade in grabber and jamming technology that should only be in the hands of intelligence agencies under legislative controls.

“This is the sort of technology that should only go into the hands of intelligence agencies, who are then constrained to use it under fairly strict legislative controls. But what we have here is private parties passing themselves off as representatives of states, and trading in this, or trying to trade in this technology.”

Mr Msibi used Mr Nxumalo to rig a tender for him at Ekurhuleni for the Project Management Unit contract for the BRT project.

“we see that Mr Msibi appears to have used Mr Nxumalo, who is someone who we previously have met in connection with Mr Msibi, to rig a tender for him at Ekurhuleni.”

Mr Nxumalo forwarded the tender advertisement for the PMU contract PS-PT17-2023 to Mr Msibi on 3 June 2023.

“Mr Nxumalo sends to Mr Msibi a WhatsApp in chat number 3 at 4:43 in the morning, which forwards the tender advertisement for this project management unit that Mr Msibi wanted for Kamprock.”

Mr Nxumalo denies authoring the message 'This one is not a panel. Is it spoken for? I have two people asking.' and claims it was incoming or from someone else.

“Thus far, Mr Nxumalo has told us nothing other than what we told him. ... I record for the Commission's assistance that item 3 of the extract is marked incoming, whereas the notice proceeds on the basis that I wrote those words”

Mr Nxumalo notified Mr Msibi on 24 October that the PMU tender had been submitted for the week's BEC and the Department had confirmed.

“Mr Nxumalo notifies Mr Msibi that: “PMU … has been submitted for this week’s BEC. Department has confirmed.””

The PMU tender for City of Ekurhuleni integrated rapid public transport network was awarded to Kamprock (Pty) Ltd in November 2023.

“the successful bidder in relation to the provision of a project management unit and technical services for the development of the City of Ekurhuleni integrated rapid public transport network ... was none other than Kamprock (Pty) Ltd, who had been nominated by Mr Msibi in April of that year.”

Mr Msibi sent Ms Nxumalo's contact card to himself on 4 May 2023.

“that is the contact card that was sent on 4 May 2023 from Mr Msibi to Ms Nxumalo. Page 142.”

On 23 September 2023 Mr Motsumi sent Ms Mashazi's contact card to Mr Msibi.

“on the 23rd of September, chat number 4, Mr Motsumi sends a contact card to Mr Msibi and that contact card is at page 93. ... It is the contact card for Ms Mashazi, who was then the city manager of the Ekurhuleni”

Mr Msibi called Ms Mashazi on 25 September 2023.

“Mr Msibi then, on the 25th of September, called her. That is at page 26.”

Mr Karim was a visitor to Mr Msibi's farm, previously unknown, and there is a connection via Ziggy Investments joint venture with Transnational Coaches linked to Mr Msibi and Paruk family.

“we learned yesterday that he was a visitor to Mr Msibi's farm. We did not know about that previously. But what we do see is some connection between his joint venture through his company Ziggy Investments and a company Transnational Coaches... linked to Mr Msibi comes or is addressed in a series of chats... counterparty appears to be linked or to have contact with the Paruk family, P-A-R-U-K, who is the family that apparently controls Transnational Coaches”

Chats show communications regarding bids for subsidized bus transport contracts previously sole preserve of Putco, including specific tender for Gauteng routes.

“the beginning of the chat is preoccupied with communications relating to what appears to be a bid involving Mr Msibi for one of these subsidised contracts... tender for the supply of quality road-based subsidised public transport services for Gauteng province”

Chats reference requirements for subcontractor including CSD, BEE level, operating licence, routes and percentages, sent to Mr Msibi, with Themisty le as the entity.

“the sender sends to Mr Msibi requirements of what the subcontractor is going to need, CSD, BEE level, operating licence... Mr Msibi then sends back details of presumably the entity... that is Themisty le again”

Payment of R700,000 from Transnational Coach Lines to SANTACO sent to Mr Msibi, with mention of waiting for R300,000, total intended R1 million, short due to North West companies' arrears to joint venture.

“a payment of R700,000 from Transnational Coach Lines to SANTACO... “Now I am waiting for the 300,000.”... the North West Transport Investments and North West Star... are in arrears... the joint venture is short on paying Mr Msibi”

Mr Msibi's accountant inquired whether payment was made to Tucofin (Pty) Ltd, a company where Mr Msibi was director until 2024.

“the accountant of Mr Msibi is asking whether we... have paid Mr Msibi's money. And the address that is given is Tucofin (Pty) Ltd... Tucofin was a company in respect of which Mr Msibi himself was a director, but he is listed as deceased... he was a director until 2024”

Production of dagga by Mr Msibi and others, including Jotham Msibi, appears to have been unlawful prior to the licence.

“it appears they were involved in the production, unlawful novel production of dagga.”

Mr Matlala has no relationship or dealings with Ignatius Mothakathi, Andrew Boy Mthethwa or Katiso Molefe, but met them as friends of the late Mr Msibi at his farm premises.

“I do not have any relationship with Mr Ignatius Mothakathi and have never had any dealings with him. ... He is also a friend of Mr Msibi. ... I do not have any relationship with Mr Andrew Boy Mthethwa ... He is also a friend to the late Mr Msibi. ... I do not have any relationship with Mr Katiso Molefe ... He is also a friend of the late Mr Msibi.”

Mr Matlala had an oral loan agreement with Mr Karim for 50 million rand without a written agreement or security.

“I did not have to persuade him. I just showed him my contract and my SLA, and then I just maybe discussed how much the contract is worth and how much he can make out of it.”

Mr Matlala met Mr Karim around 2020 through visits to Mr Msibi's farm and discussions in the security industry.

“he also used to come and visit Mr Msibi at this farm and then because he will see me there now and then, we ended up being close.”

Mr Msibi had a close relationship mainly with Deputy Chief Dhlamini's brother, not with Deputy Chief Dhlamini himself.

“Mr Msibi worked very closely with my brother and actually we grew the same area. ... I knew him as such, but never had a relationship with him. He had a relationship, closer relationship with my brother.”

Sergeant Nkosi admitted to previously withdrawing money on behalf of Mr Matlala to pay for materials to refurbish a boat and jet ski of Mr Msibi.

“You have used the card previously to withdraw money on behalf of Mr Matlala to pay for materials to refurbish his boat and the jet ski of Mr Msibi that he was using and also to buy the jet ski's service kit.”

Sergeant Nkosi confirmed the withdrawal on behalf of Mr Matlala related to refurbishing a boat and jet ski prior to 23 December 2024.

“I confirm.”

Sergeant Nkosi admitted he did not mention in his written statement two WhatsApp messages from Mr Matlala on 5 and 21 January referring to the card as 'plastic' and complaining it had been left long at Mr Msibi's place.

“There was no mention of these WhatsApp's in your written statement. There was no mention in your written statement of you…”

Sergeant Nkosi admitted he did not mention withdrawals on the card to fix the boat and jet ski, nor that the card had long been at Mr Msibi's place of abode, in his handwritten statement.

“There was no mention of the fact that you had made withdrawals on the card to fix the boat and the jet ski. And there was no mention in the written statement that the card had long been at Mr Msibi's place of abode.”

Mr Matlala sent WhatsApp messages on 5 and 21 January 2025 requesting return of his card, complaining it had long been left at Mr Msibi's place of abode.

“If further avert that the plastic referred to on the WhatsApps messaged dated 5 January 2025 and 21 January 2025, he was requesting I return to him his card, averred above, as it was long left at Mr Msibi's place of abode.”

ADV BALOY questions why Mr Matlala, who is head of security for Mr Msibi and not himself, would have Sergeant Nkosi deal with a card left in Mr Msibi’s jetski instead of retrieving it himself, implying suspicion about the involvement of Nkosi.

“Mr Matlala is head of security of Mr Msibi. The jetski belongs to Mr Msibi, and you say you took it back to Mr Msibi’s property. Why is that Mr Matlala would want you, who is not employed at Mr Msibi, to be the one that deals with this card that he left in the jetski?”

Sergeant Nkosi responds that at that time he was the suitable person to handle the card, not because he is working for Mr Msibi.

“I think it is a matter of, at that particular time I was the one suitable for it to be handled by me. Not that it was a matter of why do I have to handle it because I am not working for Mr Msibi.”

Sergeant Nkosi states he was mentoring Mr Molefe in bike riding since at least October 2021 and that Molfe was practicing on another bike before his own arrived in South Africa, which was around 2022 to 2023.

“You were mentoring him from 2021 and he was riding from October 2021 at least ... When I started to pay for the bikes, they were not yet in South Africa, they were still in Canada ... I think it could be there by 2022 to 2023 ... before Mr Molefe's bike arrived in South Africa, he was practicing with one of Mr Msibi.”

Mr Mampane was the right-hand man of the late Mr Msibi and they were not friends as of April 2025.

“Mr Mampane was the right-hand man of the late Mr Msibi ... I know that they are not friends . They are not talking .”

The 200,000 cash was given to Sergeant Nkosi by Mr Msibi to buy a bike for Mr Molefe.

“The money was from, Mr Msibi gave me cash ... So Mr Msibi gave you cash to buy a bike for him or to contribute to Mr Molefe's bike? ... Okay, it has been done like this. Mr Msibi will give me money.”

Sergeant Nkosi sent payment proofs of deposits to Mr Msibi, Mr Motsumi, Mr Thakathia, and Mr Molefe.

“I will send each and every one the proof of deposit ... I think I have sent it to Mr Msibi, Mr Motsumi, Mr Thakathia and Mr Molefe.”

Sergeant Nkosi did not have time to personally deposit cash, so he had to ask his brother to make the payment using Mkombeni Transport and then replaced the cash later from Mr Msibi.

“I did not have time to go there and I had cash with me. Then I asked him to send, to pay to Waterworld. Then I will replace with the cash that I had at that time from Mr Msibi.”

The EFT payment of 150,000 on 9 December 2023 was made from a company called Zinopindrana, which was likely one of Mr Msibi’s companies with Mr Sibande as the sole director.

“It is from a company called Zinopindrana ... The only director of this company, Zinopindrana, is Mr Siyabulela Sibande ... Might be one of Mr Msibi’s companies ...”

Mr Msibi had cash payments totalling hundreds of thousands of rands, coming from his taxi business which had over 200 taxis operating long distance, local, and cross-border.

“Mr Msibi is a taxi owner and he had more than 200 taxis ... Usually his money was in form of cash ... He was a long distance, local and cross-border.”

Despite the large cash payments, Waterworld did not raise any concerns because there was a prior arrangement between Mr Msibi and the owner of Waterworld before payments were made in cash.

“It has never been an issue ... before there was a payment, there was an arrangement prior to that ... The owner of Waterworld, there was an arrangement ... between him and Mr Msibi.”

Sergeant Nkosi bought four bikes, one each for Mr Molefe, Mr Msibi, Mr Mthakathi, and Mr Motsumi.

“As I understand it, you bought a bike for Mr Molefe, a bike for Mr Msibi, a bike for Mr Mthakathi, and a bike for Mr Motsumi. Four bikes. ... That is correct.”

Sergeant Nkosi sent spider diagrams from police investigations to Mr Msibi via WhatsApp on 6 August 2021, although Mr Msibi was not entitled to see such diagrams.

“And do you see that there is a whole series of them that you WhatsApp to Mr Msibi from chat number 6 on page 621 all the way down to chat number 3 on page 623.”

Sergeant Nkosi sent a photo of a bakkie hijacked from Mr Msibi's son to Mr Msibi on or before 8 August 2021.

“I have sent him a bakkie and I remember at that time, this bakkie was hijacked.”

Sergeant Nkosi sent a money jacket photo to Mr Msibi to show that he had the money in his possession as Mr Msibi gave him money for safekeeping because he was drunk and feared kids might take the money.

“Okay, I was showing Mr Msibi that his money was in my possession, because of the previous night I was with him, up until midnight. So he gave me money to keep on that day that he might be too drunk and the sekids will take my money. Keep it. And then the same jacket I took it to my vehicle.”

Mr Msibi gave Sergeant Nkosi a stack of money for safekeeping on a day when Mr Msibi was drunk, trusting Sergeant Nkosi more than others.

“He had a stack of money in his possession. This is one of the monies, or this is the money that he had on that day... As he was getting drunk he said, hey, keep this money before I misplace it or the sekid take advantage of it.”

Sergeant Nkosi maintains that due to the diagram stating the case number and particulars of the person, he can admit to sending the spider diagram to Mr Msibis but cannot recall exactly what was discussed.

“I still maintain that I cannot remember exactly, but I do admit the diagram, because of the diagram, it states the case number, the particulars of the person. But I cannot recall exactly which issue did we discuss with Mr Msibi”

Sergeant Nkosi shared the article about Mr Matlala with Mr Msibi and possibly others because Cat was head of security for Mr Msibi, and Mr Nkosi wanted to inform Mr Msibi about what was happening regarding Cat.

“I think now the explanation would be because at that time, Cat was the head of security for Mr Msibi. I was informing Mr Msibi that this is happening about Cat.”

Sergeant Nkosi warned Mr Msibi by February 2023 that he should be careful about associating with Mr Matlala because of the allegations against him.

“You were warning Mr Msibi that he should not be seen associating with Mr Matlala ... or must be careful with him, yes.”

Sergeant Nkosi denied that the reference to 'Babawakhoongasekho' was about the late Mr Msibi.

“That is incorrect.”

Sergeant Nkosi confirmed that General Dlamini knew about his relationship with Mr Msibi.

“That is correct.”

Sergeant Nkosi received the document from Mthakathi Mswazi to inform him about the taxi violence cases concerning the Msibi family, and Mr Mswazi was a family head trying to solve the murder cases of Mr Msibi.

“according to him it was just to inform me that there is something that is happening . As a family head at that time , he was trying to make means to solve what has happened to Mr Msibi ' s cases”

Mr Sibanyoni was a friend of Mr Msibi but they were not on good terms before Mr Msibi died.

“Remember now, Mr Sibanyoni was Mr Msibi's friend. So on those basis, I knew him. ... It is because before Mr Msibi died, they were no longer in good terms, they were fighting.”

Mr Sibanyoni expressed condolences in relation to the death of Mr Msibi in a chat with Mr Mandla Gcaba, which Sergeant Nkosi saw.

“That is correct. ... He did express condolences in relation to the death of Mr Msibi. He did, Mr Sibanyoni.”

Sergeant Nkosi regularly communicated with Mr Sibanyoni while monitoring the status of Mr Msibi's taxi, which was stopped by queue marshals and refused passengers loading.

“His taxi will be stopped by the queue marshals and then they will refuse him to load the passengers and then he will phone me and I will go back to Mr Sibanyoni and inform him ... I was regularly communicating with Mr Sibanyoni on those bases.”

Mr Mthakathi is a friend and business associate of Mr Msibi, both involved in the taxi and security industries.

“Mr Mthakathi was a friend to Mr Msibi . They were business associates . Mr Mthakathi is in taxi industry, is in security industry.”

Sergeant Nkosi believed there were possibilities that General Sibiya met Mr Mthakathi at Mr Msibi's farm, since General Sibiya had been around for a long time and knew him.

“There are possibilities that he might have met him there ... General Sibiya has been around for a long time ... According to me, he knows him.”

General Sibiya had visited Mr Msibi's farm at least three or four times, confirmed by Sergeant Nkosi.

“You have seen General Sibiya at Mr Msibi's farm at least three or four times ? Yes .”

Sergeant Nkosi was with Mr Msibi while he was calling the person who sent vehicle registration details on 22 March 2023.

“I am with him when I call you.”

Mr Msibi was suffering from a condition causing vomiting and inability to eat, requiring medication sourced from Cape Town arranged by Mr Nxumalo.

“At that time, Mr Msibi was suffering from Itrist [ ? ]. Ja, if I am not mistake, if I pronounce it correctly. So, Ze had ordered a medication in Cape Town. So, he promised Mr Msibi that he would deliver. But I think according to him, due to unforeseen circumstances, then I had to collect.”

Sergeant Nkosi is always with Mr Msibi and Mr Nxumalo frequently comes to Mr Msibi to arrange medication delivery.

“I am always with Mr Msibi . Mr Nxumalo frequently come to Mr Msibi on those bases .”

Sergeant Nkosi was not involved in the initial arrangement for Mr Msibi's medication, he was instructed later just to collect it.

“when they were arranging, I was not there . I just came in the part where they said, I must just go and collect that medication .”

Mr Msibi asked Sergeant Nkosi to collect medication for him.

“they just say, Ingaria [?] , go to Ze, collect medication for me .”

Sergeant Nkosi has been unable to collect medication for Mr Msibi since 22nd March, and Mr Msibi has not contacted him for four days.

“But you have now been unable to get the medication on the 22nd, and he has not come back to you for another four days .”

Sergeant Nkosi does not know what happened to Mr Msibi during the four-day period when medication was not collected but believes he got temporary medication from ordinary medical practitioners.

“I do not know what really happened to him , but I believe maybe he got the temporary medication to keep him going before this medication could be collected .”

Mr Msibi had access to medication from ordinary medical practitioners during the four days medication from Mr Nxumalo was not collected.

“So, Mr Msibi had access to medication from ordinary medical practitioners ? Definitely, yes .”

Sergeant Nkosi was frustrated waiting for medication collection arrangements from Mr Msibi around 26th March.

“I remember I was frustrated .”

Sergeant Nkosi confirms retrieving Mr Msibi's jet ski from Mr Matlala's farm around September 2024 and subsequently taking it back to Mr Msibi's farm in Hammanskraal.

“You told us earlier that you retrieved Mr Msibi's jetski from Mr Matlala's farm approximately in September 2024. Yes. ... And you took it back to Mr Msibi's farm in Hammanskraal? That is correct.”

Sergeant Nkosi used the jet ski after it was brought back to Mr Msibi's house in September and possibly Mr Matlala also used it afterwards but Sergeant Nkosi is not sure.

“you will recall just before we broke, I was asking you about the jet ski and you indicated that you had brought the jet ski back to Mr Msibi’s house approximately in September, that you had used the jet ski after it had been brought back ... and that Mr Matlala, you think, may also have used it after it came back to Hammanskraal, but you were not sure whether and when that would have happened.”

Sergeant Nkosi found a credit card belonging to Mr Matlala’s company 'Luxo African Brand Investments' in the jet ski on 23 December 2024 at Hartebeespoort Dam, which he found while searching for the key in the glove compartment.

“on the 23rd day of December, you found that Mr Matlala left a Luxo African Brand Investments business gold card in the jet ski boat of Mr Msibi ... I was in the dam ... Hartebeespoort dam ... when I arrived in Hartebeespoort, searching for the key in the compartment, it is when I realized there is a card there.”

Sergeant Nkosi did not check inside the jet ski when collecting it from Mr Msibi's farm and did not know if there was anything stored inside.

“did you check whether there was anything in the compartment of the jet ski or not? Do you do a check on the jet ski before you collect it or not? I did not do. I did not check.”

Sergeant Nkosi assisted Mr Motsumi and Mr Msibi in biking, including buying bikes and mentoring Mr Motsumi, resulting in a close father-son type relationship after Mr Msibi's death.

“I was mentoring him, I was teaching him how to ride after I assisted him to buy his first bike ... after Mr Msibi died, I became closer with Mr Motsumi ... like a father and son”