Mr Mthakathi Mswazi

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”

Sergeant Nkosi did not take any action on receiving the document because he believed the matter would be handled by the highest office after a meeting.

“reason that I did nothing is because I thought it was the information to be known because they had a meeting with the highest office ... I did not , if I can remember , I did not”

Mthakathi Mswazi or the family, in addition to giving the document, also had a meeting with the highest offices and conveyed information about the cases.

“Mr Mthakathi Mswazi , or the families , or the family , in addition to giving you this document , also had a meeting with the highest offices and conveyed that information to them is what you understood ?”

Sergeant Nkosi was independently approached by Mr Mthakathi Mswazi on behalf of the Msibi family for the investigation but did not inform General Mkhwanazi of this.

“Did the General know that you had independently been approached by Mr Mthakathi Mswazi on behalf of the Msibi family to make this investigation? No, no. Did you then not tell him? No, no, I did not.”

Sergeant Nkosi thought Mr Mthakathi Mswazi's approach was a private request and chose not to inform General Mkhwanazi.

“I did not think that I should tell him, even though I was supposed to tell him ... I thought because now Mr Mthakathi sent me this and now he is coming into enquire as well about this, I thought because of that it was part and parcel of the family”

Mr Mthakathi Mswazi sent Sergeant Nkosi a list of case numbers concerning Mr Sibanyoni that relate to an investigation and expects Nkosi to look into those cases.

“he sent to you a list ... about the case numbers of Mr Sibanyoni ... the last part is actually what happened is he sent it to you to say look at the cases. Looking inside these cases.”

Sergeant Nkosi received a list from Mr Mthakathi Mswazi about cases related to Mr Sibanyoni, whom Mswazi is considered an enemy by Nkosi.

“the list of cases that relate to Mr Sibanyoni, they come from his enemy, in quotes...”

Sergeant Nkosi said Mr Mthakathi Mswazi sent the list to make him aware of the investigation progress related to Mr Sibanyoni's cases.

“the call was about ... there is going to be a movement from the SAPS because we have already spoken to the Minister. So he was making a follow-up upon the photos that he sent me.”

Sergeant Nkosi did not ask Mr Mthakathi Mswazi why he sent the list, nor did he do anything about it afterward, believing he already understood the purpose.

“I did nothing ... No, no, no. According to me, there was no need to ask him why he was sending me this list because I know ... Yes.”

Sergeant Nkosi assisted to buy a Can-Am vehicle for Mthakathi Mswazi.

“did you assist to buy one of those can-ams for him ?”

Mthakathi Mswazi sent Sergeant Nkosi a document with case numbers for Joseph Anyoni regarding multiple taxi violence cases in Johannesburg, Pretoria Central, MTN Taxi Rank, and Brooklyn.

“Mthakathi Mswazi is sends you a document ... headed Case Numbers for Joseph Anyoni , and then there are seven case numbers . One at Joburg Central , one at Pretoria Central , One at . . . , two at MTN Taxi Rank , and one at Brooklyn”

Mthakathi Mswazi represented the Msibi family in the meeting with the SANACO Executive Committee and Minister Bheki Cele.

“Mr Mthakathi was part and parcel of that delegation on behalf of the family”

All vehicles involved in the taxi violence cases shot at belonged to the Msibi family, and Mr Mthakathi Mswazi wanted these cases investigated as taxi violence cases on behalf of the Msibi family.

“all of the vehicles involved in these cases belonged to the Msibi family and Mr Mthakathi Mswazi on behalf of the Msibi family was wanting these cases investigated as taxi violence cases directed against the Msibi family ?”

Sergeant Nkosi sent CCTV footage of a murder to Warrant Officer Zungu without immediately notifying Mr. Mthakathi Mswazi, who had access to the footage.

“You opened the footage, forwarded it to Warrant Officer Zungu, but did not call back Mr Mthakathi Mswazi until almost an hour after you had forwarded it to Warrant Officer Zungu.”

Sergeant Nkosi admitted he called Mr Mthakathi Mswazi back about the file 56 minutes after opening it, not immediately.

“you only call Mr Mthakathi Mswazi back at 03:53... So at least 56 minutes after you have opened the file you still have not raised anything about it with Mr Mthakathi Mswazi”

Sergeant Nkosi denies that Mr Mthakathi Mswazi was giving him the ID number to confirm with Warrant Officer Zungu and asserts that he was given the ID for another purpose.

“Yo u a r e w r o n g .”

Sergeant Nkosi did not communicate again with Warrant Officer Zungu because he felt it was no use since he had already given Mr Mthakathi Mswazi the number of Warrant Officer Zungu for communication.

“T h e r e a s o n t h a t I d i d n o t c o m m u n i c a t e w i t h Wa r r a n t O ff i c e r Z u n g u a b o u t t h a t a g a i n , I F e l t t h a t i t w a s n o u s e t o m e b e c a u s e I g a v e M r M t h a k a t h i t h e n u m b e r o f Wa r r a n t O ff i c e r Zu n g u , a n d o b v i o u s l y t h e y w e r e s u p p o s e d t o c o m m u n i c a t e .”

The purpose of Mr Mthakathi Mswazi giving Sergeant Nkosi the name and ID number at 09:59:58 PM was so that Sergeant Nkosi could convey it to Warrant Officer Zungu to confirm the person in custody was the person known by Mr Mthakathi Mswazi.

“That is correct .”

Sergeant Nkosi stated that after Mr Mthakathi Mswazi sent him the ID number to confirm the arrested person, he assumed Mr Mthakathi Mswazi would communicate with Warrant Officer Zungu and thus did not follow up.

“At that time , I repeat again , Mr Mthakathi sent me the ID number . He said he just received a call that indeed this people were arrested , I must confirm with Warrant Officer Zungu that is indeed this person . That is when he sent me the ID . So to me , I then said , because I have already sent the Warrant Officer Zungu 's contact number , he was going to communicate with him . That is the reason after he sent that thing , I just kept quiet .”

Sergeant Nkosi did not think it was prudent to check with Warrant Officer Zungu that the suspected murderer had the correct identity, leaving it to Mr Mthakathi Mswazi to convey the information.

“No .”

Sergeant Nkosi was content to leave it to Mr Mthakathi Mswazi to give information to Warrant Officer Zungu about the arrested person without personally verifying the identity.

“That is correct .”

Mr Mthakathi Mswazi sent Sergeant Nkosi a video on 21 April, which was CCTV footage of the murder of Mr Armand Swart.

“7 9 2 . A n d t h a t v i d e o , I a m n o t g o i n g t o p l a y i t a t t h i s s t a g e , b u t w h a t i t i s , i s i t i s t h e C C T V f o o t a g e o f t h e m u r d e r o f M r A r m a n d S w a r t .”

Mr Mthakathi Mswazi had CCTV footage of the murder and sent it to Sergeant Nkosi claiming he got it from the crime scene, but did not disclose the source.

“He said no , he wanted to show me that he also got this information from what it is alleged that they did Mr Mabusela and the others .”

Sergeant Nkosi did not ask Mr Mthakathi Mswazi from whom he got the CCTV footage and was never told the source.

“I did not ask him , but I did ask whom did he got it from . He never told me .”

Mr Mthakathi Mswazi knew the alleged murderer Mr Mabusela and had the CCTV footage of the murder.

“So , he knew the alleged murderer .”

Sergeant Nkosi confirms that Mr Mthakathi Mswazi had the CCTV footage of the murder.

“That is correct .”

Sergeant Nkosi does not know how Mr Mthakathi Mswazi obtained the CCTV footage.

“I would not know .”

Sergeant Nkosi carries on talking with Mr Mthakathi Mswazi about the murder but not specifically that it was the topic of the day.

“Not specifically that it was a topic of the day or whatsoever . It think he was just talking about it , that this suspect that happened there was gruesome . So that is the reason he sent me . But not that specifically he call was about that .”

Sergeant Nkosi said the CCTV footage was sent three days after their last communication and was unexpected.

“You see , if we go to page 792 , we see there is no communication between the two of you between the 18th and the 21st . And then after three days , with no intervening communication , he just sends you the CCTV footage .”

Sergeant Nkosi took about an hour to call back Mr Mthakathi Mswazi after receiving the CCTV footage, depending on when he opened the file.

“I t d e p e n d s o n w h e n d i d I o p e n t h i s f i l e .”