Witness: Lieutenant Colonel Sebola. Evidence Leader: Adv Pooe. Witness: Ms Maphosho. Evidence Leader: Adv Mosikili.
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On 2021-07-09, during the investigation of Booysens CAS 98/07/2021, Colonel Nkoana Joseph Sebola confiscated the cellular telephones of Marumo Magane, Boy Steve Phakula, Samuel Mashaba, and Tumelo Nkuas as part of the investigations.
“On 2021-07-09, during the investigation of Booysens CAS 98/07/2021, I confiscated the cellular telephones of Marumo Magane, Boy Steve Phakula, Samuel Mashaba, and Tumelo Nkuas part of the investigation”
Philipp Plein was identified as Mr Nku using the Truecaller app during the forensic exam of the seized phone.
“What methods did you use to determine that Philipp Plein is Mr Nku ? - The Truecaller.”
One of the screenshots found on the device of the accused person contained communication between Philipp Plein, saved as Tumelo Nku, and individuals identified as Alpha.
“During the analysis, it was discovered that one of the screenshots found on the device of the accused person contained the communication between Philipp Plein, who was saved in the device as Tumelo Nku, and individuals identified as Alpha”
All the confiscated cellular telephones were subjected to forensic downloading and analysis by Colonel Sebola and his analyst.
“All the confiscated cellular telephones were subjected to forensic downloading and analysis . Upon receipt of the downloaded data and corresponding forensic report, I, together with my analyst, examined the contents of the devices”
Screenshots are used to capture messages in Threema because the app deletes messages permanently after sending.
“One will need to either save it on its screenshots so that it can forward it to the next person. So that is why it was saved on Mashaba, on Tumelo Nku's phone, because he wanted to relate what is in the message to the other person”
Threema messaging app does not keep messages and permanently deletes messages after they are sent.
“Threema messaging application uses encryption, open source technology, and does not require an email or phone number to sign up. It protects your metadata and permanently deletes messages after they are sent.”
The literal phrase 'sent' means the permanent disappearance of messages on the sender's and receiver's device, subject to the recipient reading it first.
“That is why there receiver ... I am the sender. I am sending it to the Commissioner. The Commissioner must read it and it is gone with him. ... It deletes the connection between me and the person who is receiving. ... It is just like a view-once ... It has not yet been tested, but the belief is it cannot disappear. It must still remain with me.”
Threema messages permanently disappear from both sender's and receiver's devices and the server as soon as messages are sent and read.
“No metadata. The app is designed to leave no data trail. Messages are deleted from the servers as soon as they are delivered. ... It is dead on both sides. ... And indeed on the server itself.”
Screenshots presented in the report come from Threema and WhatsApp applications.
“The first sequence is from Threema ... The second and the third, those ones are from? WhatsApp.”
The first sequence of text is identified as being from Threema, not WhatsApp, based on certain identifiable features such as captions and encryption indications seen in screenshots.
“the first one , we said it was sent , they got it via Threema , then captured on the screenshots of Tumelo ... it shows that it is through those encrypted chats of Threema”
LT-Col Sebola compiled a report with the assistance of an analyst who performed the analysis, but the analyst is the primary preparer of the report.
“the analyst is assisting me . I am not assisting the analyst .”
The DPCI provided downloads of phones' data, which enabled confirmation that certain screenshots with bell and phone icons were from the Threema app found in the gallery of Mr Nku's downloads, with metadata indicating when screenshots were taken rather than when messages were sent.
“the DPCI did provide us with the downloads of the phones . And how we were able to confirm that this is Threema is that all of these ones that are grey and a light green that have a bell and a little phone icon at the top were all found in the gallery of Mr Nku's downloads . And if you look at the metadata of it , it specifies just the phone that it was taken . So all of the ones that come from Threema appear like that . And what you can get from it is just the date on which the screenshot was taken and not necessarily when the messages themselves were sent .”
The individual saved in Tumelo Nku’s contact list as 'General Mashaba of Hawks' was identified as Samuel Mashaba, who is a suspect in the case.
“the person saved as General Mashaba of Hawks was identified as Samuel .”
Communication between Tumelo Nku and EBBoss referring to 'General' or 'General Mashaba' pertains to Samuel Mashaba, as reflected in multiple screenshots saved on devices where both addressed Samuel Mashaba as General.
“when they are talking about the General of Hawks , they are referring to the person who is saved as Samuel Mashaba ... they both address Samuel Mashaba as General .”
The mobile number saved under 'General Mashaba of Hawks' on Mr Nku's phone belongs to Samuel Mashaba, enabling the connection between the WhatsApp messages referring to General Mashaba and the suspect Samuel Mashaba.
“the number that is saved as General Mashaba of Hawks is in fact the number of Samuel Mashaba”
Further examination of Tumelo Nku's device revealed screenshots containing communications about vessels, containers, piers, and discussions about taking photographs of a container and its seal, indicating monitoring activity prior to the Booysen case.
“Further examination of Tumelo Nku’s device revealed several screenshots containing communications relating to vessels , containers and piers . The communications include the discussion regarding the taking of photographs of a container and its seal .”
The screenshot communication is between Tumelo Nku and Alpha, indicating their involvement in the monitoring or discussion about the containers.
“The communication is between him and Alpha .”
A screenshot found on Tumelo Nku’s device indicates a message requesting photographs of a container and its seal, with comment that the longer the container is kept, the more nervous others get - establishing context of surveillance or monitoring activity.
“The first screenshot, it starts by saying : " Can you get the pics of the container and seal ? The longer you take with it , the more nervous they get ...”
Communications dating back to May 2021 indicate that the individuals were monitoring certain containers before the Booysen case, and their operation was successful on May 21, 2021.
“communication dates back to 21 May 2021 , which also ... we realised that their operation was successful on that day .”
The messages show a hierarchy with 'the boss' quoting messages from Philipp Plein, indicating that Philipp Plein communicates to the bosses and there is a chain of command in these operations.
“Now he is communicating to the bosses. So it is not going to happen today.”
The role players Alpha and Mr Nku monitor and coordinate loading activities carefully over an application to upload driver details and monitor container handling ensuring operational control at the port.
“The second message: 'Boss, the driver details still have not been uploaded yet. The guys are monitoring the app, and the forklift guy is our guy.'”
The chat messages from 21 May 2021 specifically do not relate to the Booysens container but other containers, indicating multiple parallel container operations being managed.
“This communication relates to 21 May, not the Booysens one.”
There is an operational emphasis on obtaining driver's details as part of monitoring truck and container operations at the port to avoid unnecessary costs and operational delays.
“In response to that, Alpha also takes back to note that it is important for them to get pictures. "It is very important we get that pics ASAP. Other things are running through their heads. I think your custom guides need to take this serious. Everything is excuse."”
The chat messages on 21 May 2021 involve communications between persons with aliases Alpha and Mr Nku, discussing logistics and operational difficulties at the port including monitoring of an app and forklift operations.
“I want us to note that it is important for them to get pictures ASAP. Other things are running through their heads. I think your customs guides need to take this serious. Everything is excuse.”
The persons referred to as ‘Alpha’ and ‘Mr Nku’ have a role involving chess (role-playing) in managing port operations, interacting over WhatsApp messages discussing containers and logistics details including fork-lift and crane operations.
“And these operations have been run at the pier by Mr Nku and this individual called Alpha.”
The communication includes a senior customs officer referred to as 'the boss' who responds to messages related to driver details and container logistics, indicating a hierarchy in the customs operations.
“The bosses at customs. Here, it is still custom.”
Mr Nku and Alpha discuss receiving pictures of containers with seals due to threats, indicating possible intimidation related to the container operations.
“Alpha responds and says: 'Then send the pics with the seal so I can show the people. I am getting heavy threats.' Mr Nku responds and says: 'Give me till 7, boss. I am pressing all these guys.'”
Mr Nku was in the vicinity of Durban in May 2021 during the communications about the shipping container and the seal.
“Nku was in the vicinity of Durban. I f y o u l o o k o n t h a t m a p”
The container shipment will arrive at Durban Terminal Pier 1 as indicated by the computer screenshot.
“It will arrive in Durban Terminal Pier 1 .”
A screenshot of a computer display found on the device indicates shipment information with consignment scheduled to depart on 2021-05-30 and arrive in Durban Harbour on 2021-06-11.
“a screenshot of a computer display was found on the device. The screenshot reflected shipment information, indicating that the consignment was scheduled to depart on 021-05-30 and arrive in Durban Harbour on 2021-06-11 .”
The computer screenshot indicating the shipment info comes from within Transnet and was forwarded to Alpha.
“I c a n e v e n m a y b e e x p l a i n t o t h e m . Th i s c o m p u t e r s c r e e n s h o t , C o m m i s s i o n e r s , i n d i c a t e s t h a t i t c o m e s f r o m t h e h a r b o u r i t s e l f . I t is a p r o p e r t y o f Tr a n s n e t , w h i c h m e a n s s o m e b o d y f r o m w i t h i n Tr a n s n e t c a p t u r e d t h i s s c r e e n s h o t , f o r w a r d e d i t t o t h i s p e r s o n . To A l p h a ?”
Investigations to follow up on the source of the computer screenshot at the harbour were conducted.
“I h a v e f o l l o w e d u p , C o m m i s s i o n e r s .”
Mr Nku expressed concern about the container shipment being offloaded at Pier 1 and suggested it would be easier if offloaded at Pier 2 due to operational challenges.
“B o s s , c a n t h e y n o t g e t P i e r 2 ? We a r e g o i n g t o h a v e t o p u l l a n o t h e r m i s s i o n i m p o s s i b l e .”
Alpha responded to Mr Nku that the vessel is already set and the last mission will be at Pier 1, not putting pressure on the system.
“Alpha responds and says : " L o o k h e r e , t h e v e s s e l i s a l r e a d y s e t . L e t u s d o l a s t o n e , P i e r 1 . We d o a m i s s i o n i m p o s s i b l e . I w i l l n o t p u t p r e s s u r e .”
The decision of whether ships land at Pier 1 or Pier 2 is made within Transnet and can be manipulated to facilitate access to containers.
“It seems to suggest that someone within Transnet makes the decisions about where the ships should go. It is Pier 1 or Pier 2. And so is able to manipulate where it lands in order to facilitate the scheme of accessing the containers.”
The conversation shows Mr Nku complaining that people are making their job impossible with container loading.
“B o s s , t h e s e p e o p l e a r e r e a l l y m a k i n g o u r j o b i m p o s s i b l e b y t h e d a y.”
Mr Nku instructs via message to avoid loading any containers with metal or automobiles, only load goods or sugar, and mentions a bust a week ago requiring offloading from trucks again.
“Please ask them because if they load it on a car or anything that can be mobile from the container, it will be a bust . Only load goods or sugar. ... Remember, there was a bust a week ago . Now we need to go offloading from trucks again .”
The chats and communications between 1st and 8th July relate to the Booysens shipment investigation and include information about drug shipments and piers at the harbour near Aeroton.
“based on the investigation that we have done, I know what was communicated in here”
Certain chats and information crucial to linking conversations about Aeroton were not included in the presented report because that information could not be traced back anymore.
“I was told that certain information cannot be traced back again now”
Mr Nku was communicating in chats in the week leading up to the Aeroton bust about drugs, shipments, and piers at the harbour.
“Mr Nku is communicating with somebody in the week leading up to this date and they are talking about drugs and shipments and piers at the harbour”
A computer screenshot was found that includes details of a Yellow Jersey drug and data extracted and preserved as part of forensic examination.
“Another computer screenshot was identified depicting Yellow Jersey drug that was indicated as being designated to collect the container. These screenshots were extracted and preserved as part of the digital evidence obtained during the forensic examination of the device”
The computer screenshot shows Transnet details and is linked to drug details found in Aeroton.
“we can see at the bottom there, it will also indicate Transnet ... the details on the computer is the details of this drug that is found in Aeroton”
The images and metadata from Mr Nku's phone include details correlating to the Aeroton drug bust, with truck tracking data showing movements from Durban to Johannesburg.
“this is what was found on Mr Nku's phone ... The headings say track and trace. I am assuming this is how Transnet tracks this truck from Durban to Johannesburg ... It has the details of the registration number, the time in, time out, and then it has details of where it stops and stuff like that”
The picture of a truck involved in the Aeroton scene was taken on the day before the Aeroton bust, specifically 8 July 2021.
“this picture was taken on the 8th. That would be the day before the Aeroton bust”
The screenshot showing the registration number of a container was found on Mr Nku's phone on the 8th before the bust.
“This screenshot was found on Mr Nku’s on the 8th before they bust.”
Mr Nku's cellphone movements were tracked through cellphone towers and corresponded with the truck's route from Durban to Gauteng on 7th and 8th July.
“This is what was checked. Mr Nku’s cell phone, through the cell phone towers, was tracked”
On 7th July, the yellow tracking data indicates Mr Nku was moving from Gauteng to Durban, with stops in the Free State, before returning to Gauteng on 8th July.
“the yellow on the 7th of July must be coming down from Gauteng to Durban ... And Telegram is a social media app similar to WhatsApp and others ... looking at the maroon, there is a lot of circling around the Free State on the 9th ... So I am assuming there is a truck stop somewhere in the Free State where they spent some time before they got into the Gauteng Province.”
On 9th July 2021, Samuel Mashaba of Hawks made contact with Albertan SAPS Warrant Officer Phakula, who then provided the contact number of Warrant Officer Magane of Zonkizizwe SAPS to Samuel Mashaba.
“On the same date, Samuel Mashaba called Warrant Officer Phakula from Albertan SAPS, who then, via WhatsApp, gave the contact number of Warrant Officer Magane of Zonkizizwe SAPS to Samuel Mashaba.”
Samuel Mashaba sent the location of Yellow Jersey Logistics to Warrant Officer Magane via Telegram on the same date, confirmed by Google Earth coordinates (pindrop).
“Samuel Mashaba sent Warrant Officer Magane the location of Yellow Jersey that was confirmed by Google Earth . Because he sent the pin drop. Then that pin drop happened to be at Yellow Jersey Logistics, Commissioners”
Samuel Mashaba referred to in evidence as a suspect in Booysens and a member of the Hawks, who sent coordinates through Telegram to Warrant Officer Magane.
“This Samuel Mashaba that is saved is Samuel Mashaba of the Hawks, and you say it is a suspect in Booysens, this is the same person that was referred to in your evidence area as the Gauteng Traffic person?”
On 9th July 2021, Samuel Mashaba sent three Telegram messages including coordinates of Yellow Jersey and a message stating 'We need to go' before 06:30 on the 8th July.
“And there you detail the three messages, right? So the first one is Mr Nku sending to Mr Mashaba the coordinates of Yellow Jersey. ... And then there is also a message that is sent by Mr Nku, and the body of the message says: “We need to go.” ... And then there is a third message that was also retrieved, which is before 06:30. That is the last one.”
Telegram communications are sometimes encrypted, which complicates obtaining the actual chats or communications themselves.
“my understanding is this Telegram is sometimes encrypted”
The evidence from Telegram communications presented is a narrative summary rather than the actual chat extraction.
“what we have is what looks like a narrative of this person sent this at this time and what the body of the message sent and not the actual extraction of the picture or depiction of the actual application”
Chief Mashaba called Warrant Officer Phokungwana according to the phone call log evidence under discussion.
“Mashaba phoned Phokungwana”
There is a table indicating RICA numbers and chat participants, confirming communication between Chief Mashaba and Warrant Officer Phokungwana.
“it indicates the two participants of the chat ... the RICA number of Warrant Officer Phokungwana is the one that ends with 794 ... and ... for Mr Mashaba”
The call log shows Chief Mashaba called Phokungwana first, Phokungwana then called Magane, and Magane called Phokungwana afterwards.
“Chief Mashaba called Phokungwana ... Phokungwana called Magane ... Magane also called Phokungwana”
Images served in the gallery of Tumelo Nku on 7 July 2021 showed three black bags similar to one found in a black bakkie at Aeroton, and the cell phone towers placed him in Durban with the container also in Durban on that date.
“On 2021-07-07 there were images served in the gallery of Tumelo Nku of three black bags which looked similar to the one found in the black bakkie at Aeroton ... The cell phone towers placed him that he was in Durban and the container was still in Durban.”
The three pictures from Tumelo Nku's phone appear to have been taken inside a container.
“when I was looking at, these three pictures, to me, they seem to have been taken inside the container”
The first three images found on Tumelo Nku's cellphone and the images on a black bakkie have similarities in packaging and wrapping but are not the same.
“The first three images that were found on Tumelo Nku's cellphone and the images that are on this black bakkie are the same ... Not the same, there are similarities in terms of packaging”
The pictures dated 7 July 2021 were retrieved from Mr Nku's phone and show items linked to suspicious activity at Aeroton two days before arrival there.
“And they were dated the 7th of July 2021 ... that would have been two days before they arrived at Aeroton ... the packages that were retrieved in Aeroton and loaded onto Warrant Officer Magane's bakkie.”
The images on Tumelo Nku's phone were saved on 7 July before the container arrived in Gauteng.
“they indicated they were saved on the 7th ... And that was before the container got to Gauteng”
The pictures on Tumelo Nku's phone were found in the phone's gallery, not sent as messages.
“These were not sent. It seems even if they were sent, it is either they were sent and saved in the gallery, because this was found in the gallery of the phone, not sent”
There are similarities in terms of packaging and wrapping between the pictures of plastic bags found in various locations, including the black bakkie.
“there are similarities between these pictures ... And the one in the black bakkie ... In terms of packaging and wrapping”
Between 21 May and 22 May 2021, Tumelo Nku's phone was in Durban, correlating with cellular communications about photographs and the container involving an individual named Alpha.
“on 2021-05-21 to 2021-05-22, the device was in the same vicinity in Durban. The date corresponds with the cellular telephone communication in which requests were made of the photograph and the container. The communication attributed to an individual identified as Alpha.”
On 8 July 2021, a truck was released from the port of Durban to Gauteng, the same day Tumelo Nku travelled to Gauteng, indicating he was monitoring the truck.
“On 2021-07-08, the truck was released from the port of Durban to Gauteng, the same day Tumelo Nku travelled to Gauteng. This is a clear indication that Tumelo Nku was monitoring the truck.”
The pictures in the Steyn exhibit bundle showing plastic bags were taken at Aeroton.
“The pictures reflect the one at Aeroton”
On 25 May 2021, Alpha requested Tumelo Nku to pick him up, with location data showing Tumelo Nku's device in Bedfordview.
“on 2021-05-25, a screenshot was found in which the individual identified as Alpha requested Tumelo Nku to pick him up and analysis of cellular phone record ... indicated that on the same day, the device was located in the vicinity of Bedfordville”
Analysis of cellular data records revealed communications and acquaintance between Tumelo Nku and Samuel Mashaba dating back to 2019.
“communication and contact information indicated that Tumelo Nku and Samuel Mashaba were acquainted with one another. The record reflected interactions between the two individuals dated back to 2019.”
Review of the IPID report regarding investigations against the speaker and colleagues shows recommendations were based mainly on complaints by Mashaba, Magane, and Phakula, and supported by statements from Lt Col Maluleke, Sgt Phakula, and Sgt Sape.
“I have carefully reviewed IPID report concerning the investigation conducted against myself and my colleagues. Upon the consideration of the report, it appears that the recommendations therein were based primarily on complaints by Mashaba, Magane, and Phakula. Furthermore, the allegations and complaints appear to have been supported by statements of information provided by Lieutenant Colonel Maluleke, Sergeant Phakula, and Sergeant Sape.”
The recommendations in the IPID report did not adequately consider objective evidence including digital forensic investigation and cellular telephone data.
“The recommendations do not appear to have adequately considered the objective evidence obtained during the investigations, including the digital forensic investigation and the cellular telephone data records.”
According to the IPID investigator, a request for the docket was sent to LT-COL Sebola's supervisors who refused to provide it.
“According to the IPID investigator, they did send a request to your supervisors and they refused to provide the docket”
LT-COL Sebola denies receiving any communication that supervisors refused to provide the docket and finds this strange.
“It is strange, Commissioners. That will be strange to me because I have never got that communication”
LT-COL Sebola was asked by IPID to provide the docket; he responded that communication should be directed to his office, not himself.
“The caller was requesting the docket, yes ... Can that communication be one email so be directed to my office, not me”
The only communication received from IPID by LT-COL Sebola was at the initial stage of his investigation; no later communications until a warning statement was requested.
“the only communication I got from IPID was at the initial stage of my investigation to the matter. From there on, I have never received any communication from IPID up until the date I was made to submit a warning statement.”
LT-COL Sebola states he has never been informed by supervisors about any refusal to provide docket to IPID.
“It is strange that my supervisors that you are mentioning never communicated such to me”
Director Maphosho asked LT-COL Sebola to provide the docket and made arrangements for her to pick it up, but Sebola was not present when she arrived.
“I think Director Maphosho says that she contacted you directly, that she asked for the docket. You said that she must come over and an arrangement was made for her to meet you to pick up the docket ... when she got there, you were not there. That is what she says.”
IPID official states on 21 October 2021 she requested the docket from Captain Sebola but was refused and he was not in his office when they arrived to collect it, escalating it to Brigadier Sekgobela who did not return calls.
“On 21 October 2021 I made contact with the investigating Officer of DPCI, Captain Sebola, requesting the copy of the docket. He said we must come to his office at Germiston on the 22nd to collect it. My colleague and I went to Germiston as agreed, but to our surprise Captain Sebola was not in the office. He was contacted on his cellphone and he indicated that he was not going to give IPID a copy of the docket. The matter was escalated to Brigadier Sekgobela, Captain Sebola's Commander, and she said she will talk to Captain Sebola and she will give us feedback. A follow-up was made with Brigadier Sekgobela on her cellphone, but was always on voicemail, and she never returned the call.”
The correct procedure for communication in investigations involving the office of the Provisional Commander should be through formal channels such as the office of the Provisional Commander or the Unit Commander, not direct contact to the investigating officer.
“...they communicate with the office, the officer referring the, the office of the Provisional Commander, which is, in this case, Brigadier Sekgobela. Or they should have communicated with the Unit Commander, which in that case was Colonel Zondi who will then call me to the office...”
There should be a formal, preferably written, communication trail in investigations; communication should not be solely telephonic.
“There should be a paper trail to say there was this communication.”
The investigating office typically receives strange and unsolicited calls from officers seeking information on docket details.
“Because we sometimes as investigating officers we get strange calls that seek information in our dockets.”
IPID sent formal communications to DPCI including emails and requests for meetings, but these were not adequately accommodated by DPCI.
“On the 28th an email was sent to General Kadwa, seeking his intervention, and a meeting was arranged between IPID and DPCI for the 5th of November 2011... the meeting was cancelled due to unavailability of General Kadwa and Legal Services, however, there was no other date provided... IPID also sought intervention from General Lebeya and requested assistance there... General Lebeya did not assist with the request... IPID must investigate without copies of the docket.”
Ultimately, IPID failed to obtain copies of the docket from DPCI despite following procedure.
“IPID did follow procedure in trying to obtain copies of the docket, but ultimately did not succeed.”
Lieutenant Colonel Sebola has no knowledge of reasons why DPCI leadership refused IPID's requests.
“I cannot respond to General Kadwa for not adhering to the request and also for General Lebeya, for not, but I think the direction to General Lebeya was for IPID to investigate... So I cannot comment on …”
Lieutenant Colonel Sebola only received one call from General Lebeya related to signing a letter of misconduct; no other communication about IPID was received from these generals.
“The only time I got a call from General Lebeya was when I was in Limpopo to sign the letter for misconduct, nothing else.”
Major General Kadwa found no evidence warranting findings of misconduct against any DPCI members implicated in the IPID report, and that the implicated members acted bona fide within their mandate, though fundamental administrative errors were made by investigators.
“According to his findings, he was unable to identify any evidence that would warrant the findings of misconduct against any DPCI members implicated in the IPID report... The findings indicate after the consideration of the evidence available, there was no evidentiary basis to support allegations of misconduct against implicated members... They acted bona fide within the scope and mandate of the DPCI... There were fundamental administrative errors made by the investigators assigned to the team...”
Major General Gerber's report found no evidence indicating wrongdoing by DPCI members including Lieutenant Colonel Sebola, who acted bona fide within the scope and mandate of the DPCI.
“General Gerber found...no evidence indicating wrongdoing on the part of the DPCI members, including yourself... On the contrary, they acted bona fide within the scope and mandate of the DPCI.”
Lieutenant Colonel Sebola was unaware of fundamental administrative errors identified by the investigators such as errors in serial numbers on evidence bags until these were read during the hearing.
“Were you told of any of this, the administrative errors? No. ... I was never informed of any other error. This is the only one that I know.”
There was an administrative error in the statements by Captain Nortje and Warrant Officer Morris about the seizure which was later rectified and communicated to Lieutenant Colonel Sebola.
“Statement of Captain Nortje and Warrant Officer Morris, who performed these seizure together, differs but was rectified and found to be an administrative error... It was sent to me.”
Lieutenant Colonel Sebola was aware of errors related to evidence packaging and number discrepancies between scene officers and SAP13 registers.
“I am aware of that error... there was a difference between what the officers on the scene recorded as well as in the SAP13 register... the numbers got up to 700, but it was at the lab where they said 715.”
Some evidence bags were damaged and FSL refused to take them, causing them to be put into another bag.
“The where they put the bag in another bag was when FSL refused to take the bags because some of the evidence bags were damaged”
One brick of evidence was recovered by LCRC and sent to FSL by Captain Nortje, but there was an issue of how it was missed initially.
“one brick that was recovered by LCRC. Do you know what happened with that one brick? ... called to come and collect that brick and he sent it to FSL”
One brick of evidence was recovered by LCRC and handed over to DPCI, and there is criticism that members did not fully explore and receive all exhibits, categorized as human error.
“One brick that was recovered later is dealt with... the criticism there is that it indicates members did not fully explore and receive all exhibits. It is categorized as a human error in her view.”
The premature arrest of police officers at the crime scene was criticized, though justified under the circumstances of the crime scene management.
“that was the premature arrest of the police officers ... just justified based on the circumstances at the crime scene”
Police officers were arrested for dealing in drugs but this was premature since at the time of arrest nobody knew they were dealing drugs, they were simply interfering at the crime scene.
“They were arrested for dealing in drugs. Now that is premature because ... on that day nobody could make even a presumption that they are dealing with drugs”
Lieutenant-Colonel Sebola expressed disagreement with the findings that the police officers' arrests were premature in the context of drug dealing and possession of drugs but accepted the criticism about their purpose interfering with the end of justice.
“premature in terms of, but in terms of their purpose of trying to defeat the end of justice, I am still against these findings”
Lieutenant-Colonel Sebola conceded that on the day of arrest the assertion that the police officers were dealing drugs was premature.
“In that instance, Commissioner, I will concede”
There was a lack of follow-up on alibis which allowed the defence to obtain statements and present them to the Director of Public Prosecutions (DPP).
“lack of follow-up upon alibis thus allowing defence to obtain statements and providing such to the DPP”
The statements by officers like Warrant Officer Magane and Phakula initially said supervisors did not know their locations, but later statements indicated awareness by supervisors of members' operations.
“they were informed that Commanders did not know where these officers were. But subsequently, the statements filed by officers indicated at least in the case of Officer Magane and Phakula, that they were aware of the members' operations”
General Gerber wrongly used the term alibi in his report.
“So it is the person who wrote this that used alibi wrongly, it seems ... General Gerber”
Lieutenant-Colonel Sebola defines alibi as per Section 36 and 7 of the Amendment Act relating to possession of certain properties and the giving of information regarding possession.
“I know for sure it is Section 36 and 7 of the Amendment Act with regard to certain properties, ... That is the alibi that I can follow”
Lieutenant-Colonel Sebola personally contacted Colonel Chauke to obtain information about Warrant Officer Magane's whereabouts and performance of duties but was told Colonel Chauke did not know of Magane's whereabouts.
“I even communicated with ... Colonel Chauke, ... He said he does not know the whereabouts of Magane, but Magane is supposed to be in the office”
Lieutenant Colonel Chauke was informed on 9 July 2021 at around 05:00 by Warrant Officer Magane that he was following information on drugs in Aeroton with other members from the provincial office, but Chauke as commander was not aware of the operations.
“On Friday, the 9th of July 2021, around : 05 in the morning, I received a call whilst on duty from Warrant Officer Magane ... he replied by saying that he is in Aeroton with other members from provincial office ... As a Commander, I was not aware of the operations”
Lieutenant Colonel Sebola investigated the matter and found that Warrant Officer Magane falsely claimed to have called someone from the office on 9 July 2021.
“The only office people that he called, the very same job was never called on that day ... if he is telling ... he was called by Magane, that I will say was definitely lying”
Warrant Officer Magane called Captain Gray from the office, but the call could not go through, and also tried to call Brigadier Lewele who was approaching the scene, but that call also did not go through.
“He called by then one member from our office, which is Captain Gray, but the call could not go through ... I remember, he tried to call Brigadier Lewele ... the call also could not go through”
Pokungwana and Alberto ZonkiZiwe are not working together and Magane could not have received instructions from Pokungwana.
“They are not working together ... Pokungwana is Alberton, that one is Zonkiziwe ... So Magane could not have gotten an instruction from Pokungwana”
Warrant Officer Magane only made calls on 9 July 2021 starting around 06:00 between himself, Pokungwana and Mashaba, contradicting his claim that he called earlier that morning.
“The only calls that were made on the 9th, that started around 6, it was between him, Pokungwana and Mashaba ... By saying he called these people, I still maintain he would be lying”
There was a delay of about 10 days in taking Lieutenant Colonel Chauke's written statement after the 9 July 2021 operation, which allowed for changes in the account compared to what was told on the phone initially.
“The criticism is about the time lapse ... between the day of the operation itself, the 9th of July, and the date of the statement, there was a delay ... which allowed for people to change what they told you on the phone”
Lieutenant Colonel Sebola contended the 10-day delay in taking Chauke's statement was mainly due to workload and that the delay does not justify changing what was told initially on the phone.
“Based on the volume of work that we had ... Even if I delayed, I think that does not give him the right to change what he told me ... But the delay is only for 10 days ... I am saying this comment to me, based on the volume of work”
Lieutenant Colonel Sebola stated Warrant Officer Phakula's supervisor was Colonel Sipungu, who was supposedly at the scene but Sebola did not see him, only heard about his presence.
“Colonel Sipungu, who is Warrant Officer Phakula's supervisor ... I did not see Colonel Sipungu on the scene, only heard. Then I even heard from him that he was there at the scene”
Lieutenant Colonel Sebola testified that Colonel Sipungu should not have been at the scene as he was on leave in early July and only returned on 12 July 2021, so his presence was not appropriate.
“He should not have been there ... because he came back on the 12th of July from leave”
According to Lieutenant Colonel Sebola, National Prosecuting Authority Advocate J M Sereko ruled on 23 June 2022 that representations from BTK Attorneys were unsuccessful and prosecution should proceed, but on 29 January 2024 Deputy National Director Advocate R J De Kock decided not to pursue prosecution.
“The Director of Public Prosecution for Gauteng Local Division, Advocate J M Sereko, ruled on 2022-06-23 that the representations were unsuccessful and prosecution should proceed ... on 2024-01-29 the Deputy National Director of Public Prosecution, Advocate R J De Kock, considered the matter and decided not to pursue the prosecution”
Lieutenant Colonel Sebola said that the presence of Warrant Officer Phakula at the scene was not supposed to have happened as Phakula was on leave and thus should not have been involved.
“The presence of Phakula there was not supposed to even have happened”
Advocate Sereko wrote a letter on 14 February 2025 to the Provincial Head of DPCI in Gauteng confirming a prima facie case relating to alleged contravention of Drugs and Drug Trafficking Act, indicating sufficient grounds to charge the four accused in dealing or possession of drugs.
“Advocate Sereko confirmed there was, in his view, a prima facie case relating to the alleged contravention of Drugs and Drug Trafficking Act ... sufficient grounds for me to believe that the four accused should have been charged in dealing in drugs, alternatively possession of drugs”
In 2022, the matter was initially going to proceed to prosecution, but Advocate De Kock decided not to proceed with prosecution in 2024 after a response to General Kadwa explaining why the NPA decided not to prosecute.
“initially the matter was going to proceed and then the prosecutor decided not to proceed with the prosecution...And this was a decision taken by Advocate De Kock... No, my apologies, 2024... it was a response to General Kadwa providing reasons why the NPA had decided not to prosecute”
There is a material contradiction in the statements regarding Warrant Officer Phakula's involvement: General Khan stated Phakula's supervisor Colonel Sipungu did not know Phakula was involved, contradicting Detective Sipungu's statement that Phakula informed him of the operation.
“there was a statement from General Khan stating that he contacted Warrant Officer Phakula's supervisor, Colonel Sipungu who informed him that he did not know that Phakula was involved in the operation and it materially contradicts the statement of Detective Sipungu who states that Phakula did inform him of the operation”
Warrant Officer Phakula was only invited to assist by Warrant Officer Magane and arrived at the scene after the drugs were loaded onto the truck, yet Phakula is charged with the same offence.
“he was invited by Warrant Officer Magane to assist and he only arrived at the scene after the drugs were loaded onto the truck... that he was not involved in that part, yet he is equally charged with the same offence”
Colonel Sebola disagrees with the NPA's reasoning for not prosecuting, saying the reasons are unfair and indicate they overlooked critical facts in the docket.
“I do not agree with it... They were not dealing with all these material facts within the dockets... The reasonings are not fair... Very unfair... That they overlooked critical things”
Colonel Sebola expressed concern about the involvement of certain senior police officers in the investigation operational matters, suggesting their involvement was unusual, raised doubts, and created an appearance of possible improper motives or interests.
“I was concerned by the contact of certain senior police officers and the role they played in the crime scene... The circumstances surrounding their involvement create an appearance of possible improper motives or interests... their involvement in these operational activities was unusual and raised concerns... Their level of involvement created doubts and prompted questions as to whether their actions were entirely consistent with the expected role and responsibilities.”
Colonel Sebola was confronted with General Khan's statement and opined that interference by senior officials messed up a good case causing it to be lost.
“I was confronted with a certain statement of General Khan... if he had approached this scene the way it was supposed to be, we were not going to be confronted with this level of questioning... Based on their interferences and other things, what was supposed to be a good case has been lost.”
Colonel Sebola received instructions from General Kadwa to obtain statements from the accused person Warrant Officer Phakula during the investigation.
“I got instruction... I am referred to obtain certain statements from the accused person, more in particular the one of Phakula... I am sent by General Kadwa who is informed by General Khan and obtain the statement of Phakula in prison... Then I interviewed Phakula...”
Colonel Sebola named three senior officials present at the crime scene: General Kadwa, General Lekalakala, and himself; expressed doubt about their roles beyond the fact that Kadwa sent him to get statements.
“I am aware that General Kadwa was present on the scene. I am aware that General Lekalakala was on the scene. But one can ask what role were they playing, but except for that of General Kadwa to say I was sent...”
Colonel Sebola states he is dealing with one specific interference related to instructions given by General Kadwa obtained from General Khan to speak with Warrant Officer Phakula; he declines to mention other instances.
“Specifically I am dealing with this one... I cannot mention any other thing that I still have to... I understand what was happening on that day...”
There has been interference in investigations by senior officials, similar to other cases where police involvement in matters is handled in problematic ways, exemplified by the Aeroton case.
“it is a serious allegation to make that there was interference in the investigation by senior officials and you probably have seen with other witnesses that we do probe the role of police officers in matters not being taken, being handled in certain ways, which is such a case with Aeroton”
Colonel Sebola clarifies he gives only one example of interference by senior officials and is not withholding other examples because none exist.
“No, it is this one... It is the only one there is.”
Lt-Col Sebola alleges repeated interference in investigations, citing instances at OR Tambo airport where confiscated money was forcibly returned to owners despite being false.
“At one stage, we were forced to return what we confiscated there, back to the owner... We confiscated the dollars at OR Tambo... We were instructed to give that money because it was false”
Lt-Col Sebola states some senior or general officers may be fixing investigations rather than assisting them, particularly regarding the Aeroton drug bust.
“some of our seniors or our Generals... we cannot even understand whether they are assisting or they are fixing, going back to Aeroton... there is a lot of interference”
In the Aeroton drug bust, senior officers may be frustrating a successful prosecution rather than assisting it.
“the role of senior officers... you form the view... whether they are assisting you or seeking to frustrate a successful investigation of that matter? That is what I am saying”
There is an organized scheme involving people like Nku, Chief Mashaba, and others, monitoring containers, vessels, and jets, yet no prosecutions have occurred despite evidence from WhatsApp messages and other communications.
“there is organized conduct where containers, vessels and jets seem to be monitored... Nku and Alphas speak about... we have our guy there... is there a reason that there hasn't been any prosecutions of people that have been identified?”
People implicated in organized crime have been identified and linked through cellphone communications, but investigations have stopped or not progressed.
“people have been identified... through cell phones... screenshots taken from Transnet in KZN... investigation towards that, since then it has stopped”
The Aeroton case falls within the SANEB section dealing with organized crime investigations, but there was no Unit Commander informed or involved, including Colonel Zondi.
“SANEB fall... part of section within organized crime investigations... there was Colonel Zondi, he was never informed about this... there is no Unit Commander”
Brigadier Sekgobel was supposed to be the Provincial Commander overseeing the matter but she did not play a parental guidance role and claimed non-involvement in the investigation.
“She was supposed to be with us on the ground... I also asked Brigadier Sekgobel why you never played that parental guidance... She said, if you are not involving me in your investigation, you jumped me”
Brigadier Sekgobel would be the person to account for why there has been no investigation or prosecution concerning identified persons outside and inside SAPS involved in the Aeroton case.
“Brigadier Sekgobel would be the person to account or give an explanation why has there been no investigation... I am speaking about Mr Nku, Alphas person, Chief Mashaba... I am going to throw them in anyway, but starting with the investigation, why has there been no investigation?”
Communication culture in SAPS is flawed, with information bypassing proper chain of command, causing issues with accountability and oversight.
“Information can jump me from the last man on the ground to the upper structure... that is not the culture of SAPS... not what we have been told of going back to basics”
Brigadier Sekgobela is involved and General Kadwa was informed about the incident where someone 'jumped her'.
“My understanding is that General Kadwa was informed ... the communication channels say, from him, from Brigadier Sekgobela, there is this and that information”
A person working for Scania in South Africa was found to have been in Brazil weeks before a ship left, suspected to be connected with the investigation; that person later resigned possibly due to being leaked information from within the investigative team.
“The person was in Brazil weeks before the ship could leave ... he was in here when it arrived ... The person resigned ... there was somebody who resigned from that Scania during the period of this investigation”
Law enforcement officials conduct roadblocks specifically aimed at stopping drugs, where drivers like Sebola cooperate and only have access to invoices but not the content of truck consignments.
“There have been incidents along the entry where they will stop these drugs... They want to know the person ... the driver ... he only have the invoices ... he does not know the content”
Presentations about the case were given to different provincial heads and law enforcement, but there is suspicion that information leaked to wrong officials via those presentations.
“We did it to different provincial heads ... And your suspicion is that through those presentations word may have gotten to the wrong official to leak the information? Correct”
Magane and Phakula were charged internally for interfering with the crime scene at Aeroton; no wrongdoing was found in Magane's case, but Phakula returned through arbitration.
“Magane and Phakula ... were charged internally for interfering with the crime scene at Aeroton ... I was, of Magane, he was, the investigation was conducted but they could not find any wrongdoing ... Phakula, yes, they did. He only came back through arbitration”
There is evidence of communication between Mr Tumelo Nku and an employee of Yellow Jersey regarding the case under investigation.
“you have just had a discussion with Ms Pooe about the different role players ... indicated as an employee at Yellow Jersey, and you say there is evidence of communication between that employee and Mr Nku, I think, Tumelo Nku”
Lt-Col Sebola admits receiving calls related to drug bust operations but cannot recall the details of who he spoke to or when exactly.
“But he, she admitted that, yes, I am receiving calls, but I cannot state clearly on the day who did I talk to, but ...”
In Lt-Col Sebola's experience, Crime Intelligence personnel do not become involved in operations if they are on the scene; they only supply information via reports or files to start investigations.
“They only supply us with information. If it is prior, they will give me their intelligence report. They can either submit an intelligence report on writing, they will just give you a file to start my investigation. If they happen to be at the scene, I do not know, they do not have any role to play.”
Director Takalani Zelda Maphosho from IPID took an oath to testify before the commission and confirmed she conducted an investigation into a complaint relating to defeating the ends of justice involving several police officials.
“Director Takalani Zelda Maphosho from IPID, Chair. She said she will take an oath.”
Director Maphosho conducted an investigation into complaints by Warrant Officer Phakula, Warrant Officer Magane, and Chief Mashaba against General Khan, Kadwa, and three others concerning defeating the ends of justice.
“Director Maphosho conducted a investigation into the events that arose at Aeroton... complaint by Warrant Officer Phakula, Warrant Officer Magane and Chief Mashaba who laid a complaint against General Khan, Kadwa and three others... investigating a case of defeating the ends of justice.”
Director Maphosho confirms her statement was accurately signed and is based on her personal knowledge and belief of true and correct facts.
“I confirm that to be your statement? I confirm.”
Director Maphosho stated she matriculated at Rondeor Secondary School, holds a Diploma in Policing, BTech degree in Policing, and LLB degree from UNISA, has completed various police training courses including basic training, detective learning, and detective commander's learning programs.
“I matriculated at Rondeor Secondary School. I have a Diploma in Policing obtained from UNISA. I also obtained my BTech degree in Policing from UNISA. Also an LLB degree from UNISA. I have completed the following training course... South African Police Basic Training Course in 2003... Detective Learning Program... Detective Commander's Learning Program.”
The Independent Police Investigative Directorate (IPID) provides independent oversight of the South African Police Service (SAPS) and Municipal Police Service to ensure impartial investigations into criminal offenses allegedly committed by police members.
“The objective of the Independent Police Investigative Directorate is to give effect to the provision of Section 206(6) of the Constitution, to ensure independent oversight of the South African Police Service and Municipal Police Service, to provide for independent and impartial investigation of identified criminal offences allegedly committed by members of South African Police Service and Municipal Police Service”
Assistant Director Maphosho started working as a Constable at SAPS Sandton Police Station in 2003 in the Client Service Centre, transferred to Sandton Detective Service in 2008, and was promoted in 2011.
“I have started working as a Constable at the SAPS in 2003, stationed at Sandton Police Station, working in the Client Service Centre. I was transferred to Sandton Detective Service in 2008. In 2011, I was promoted and transferred to the...”
The speaker was promoted in 2015 to Assistant Director Investigation at IPID Gauteng Provincial Office to supervise senior investigators and investigators.
“In 2015, I was promoted to be an Assistant Director Investigation at IPID Gauteng Provincial Office to supervise Senior Investigators and Investigators”
In 2020, the speaker was transferred to IPID National Office to work at the National Specialized Investigative Team (NSIT), handling high-profile and complex cases reported to IPID.
“In 2020, I was transferred to IPID National Office working at National Specialized Investigative Team that is called NSIT in short. It is a unit within IPID that deals with the high-profile cases and the complex cases that are reported at IPID”
The Assistant Director position at IPID is equivalent to the rank of Lieutenant Colonel within SAPS.
“Yes, the equivalent with SAPS it is Lieutenant Colonel”
The Aeroton case is considered a high-profile case due to the rank of the people involved and the complainants against whom the complaint was laid.
“It was a high-profile case. The rank of the people that were involved. Yes. Against whom the complaint was laid? Yes”
High-profile cases are classified based on involvement of high-ranking officers or media attention.
“We classify high-profile cases in terms of the suspects involved, if it is high-ranking officers, or it is a case that is on the media. The rank of the person involved and the media enquiries, we classify those as high-profile cases”
The complaint case was registered under Section 28(1)(h) of the IPID Act with approval from the Executive Director or delegate and assigned to the speaker for investigation.
“The case was opened at Booysens Police Station and registered as Booysens CAS 252/10/2021 ... The complaint was referred by Executive Director ... registered as Section 28(1)(h) of IPID Act”
On 2021-10-28, NSIT members interviewed a former called Tumelo (Mr. Nku), who had provided complainant Mashaba with information about drugs.
“On 2021-10-28, NSIT members interviewed the former, Tumelo, who gave the complainant Mashaba information about the drugs”
Complaints from Chief Mashaba, Warrant Officer Phakula, and Warrant Officer Magane were lodged at IPID National Office on 2021-10-13 accusing police officers of defeating the ends of justice; these complaints were registered at Booysens Police Station as Booysens CAS 252/10/2021.
“On 2021-0-13, the complainants, that is, Chief Mashaba, Warrant Officer Phakula, and Warrant Officer Magane, came to IPID National Office to lodge a complaint of defeating the ends of justice. The complainants were interviewed by the members of NSIT, and I was part of the interview. ... The case was opened at Booysens Police Station and registered as Booysens CAS 252/10/2021”
Section 28(1)(h) of the IPID Act empowers IPID to investigate police conduct that unlawfully and intentionally obstructs the course of administrative justice.
“Section 28(1)(h) of IPID Act, it refers to any other cases that the police officers are involved, but they are not mentioned in terms of the Act ... It gives IPID the authority to investigate the police conduct that acts unlawfully and intentionally obstruct the course of administrative justice”
It is normal IPID practice to advise complainants to first open a case at the police station and provide IPID with the case number before IPID investigates.
“It is a normal standard, because when they came to IPID, they were under the impression that they are coming to open a case with IPID, whereas IPID, we investigate cases after they have been opened at the police station”
The complainants were interviewed on 2021-10-13, and after initial interviews and statement collection, they gave supplementary statements but there were no further interview engagements with them by IPID concerning the matter.
“They handed their statements in the docket, but we also had another encounter when they were giving their supplementary statements. We never had any other engagements in terms of interviewing them about the matter”
A former named Tumelo MR Nku had indicated he gave information to a certain General (name not disclosed) whom IPID never verified, so Tumelo is regarded as an informer but without verified information about his role beyond that.
“I am stating this because that is the information that he gave us. However, the information was not verified because he mentioned the handler as a certain General who already passed on. So that is the information that was never verified”
The memorandum seeks approval from the Executive Director or delegate to give IPID permission to investigate cases involving SAPS members, but these cases do not mention Section 28(1)(a) to (g).
“The purpose of this memorandum is to seek approval from the Executive Director or someone delegated by the Executive Director to give IPID permission to investigate these kinds of cases where the SAPS members are involved. But those are not the cases that are mentioned in terms of Section 28(1)(a) to (g).”
On 8 July 2021, Chief Mashaba received information about suspected drugs being transported from Durban to Alberton, followed the truck to the depot where it was parked, assisted by Warrant Officers Magane and Phakula.
“It is alleged that on Thursday, 8 July 021 , Chief Mashaba received an information about the suspected drugs that were to be transported from Durban to Alberton. The following day, on the 9th , the information was followed and indeed the truck was followed to the depot where it was parked. Chief Mashaba asked for assistance and he was assisted by Warrant Officer Magane and Warrant Officer Phakula.”
The document describing the case was generated after receiving the complainant's statement and registration of the case.
“It is after we receive their statement. Remember, we only registered this after they have already registered the case. So with the statement of the complainant, that is when we can generate this document for approval.”
The police searched the container and found drugs. The truck driver and the person to receive the cargo were arrested but later released after Hawks members arrested the members who covered the drugs.
“The police searched the container and drugs were found in the container. The driver of the truck and the person who were to receive the whole cargo were placed under arrest. However, the Hawks members arrived at the scene and the member who recovered the drugs were later arrested. The driver and the owner of the cargo were then released.”
The initial memorandum summary omitted critical details about the complainant, Warrant Officer Magane's designation, presence of Pretoria personnel, soliciting drugs to Germiston, and loading drugs into Magane's bakkie.
“It does not say nothing about the former , Mr Nku . It says nothing about Warrant Officer Magane's designation . It says nothing about people from Pretoria attending to an incident in Soweto . It says nothing about the drugs allegedly being solicited to be moved to Germiston . And it certainly says nothing about the loading of the drugs by the certain , by the very same complainants into what they call Mr Magane's bakkie.”
The assistant director acknowledges the document was prepared early, before the investigation started, based mainly on the complainant's statement and interviews, not the full investigation.
“This document is prepared on the very early stage , before even the investigation was conducted . At this particular time , we will only have maybe the statement of the complainant coupled with what come out from the interview that we had with the complainants . It is not the fuller version of what transpired during the investigation , because at this particular time , we have not even started with the investigation .”
The summary document assigns a 50-50 chance to the truthfulness of the suspects' and complainants' versions, as no investigation has started to verify them.
“Because we have not even started with the investigation , because we do not have the version of the other members , the suspects . So for us , it is 50-50 chances , whether they are telling the truth or not . So we cannot say it is above 50 or below 50 , because we do not have the version of the other members who are involved .”
A police officer known as Warrant Officer Rikhutso argued with Warrant Officer Phakula about opening a case versus an enquiry file, refusing to open a case and stating General Khan was on his way.
“A police officer who was later known to the as Warrant Officer Rikhutso arrived and had an argument with Warrant Officer Phakula . Warrant Officer Rikhutso did not want them to open a case , but to open an enquiry file . Warrant Officer Phakula refused , and he was then told that General Khan was on his way .”
After Warrant Officer Phakula placed the truck driver, lady receiver, and manager under arrest, police officers from Booysens SAPS arrived and supported the drug bust operation.
“The driver of the truck , the lady who was about to receive the goods , and the manager who was present , were placed under arrest by Warrant Officer Phakula . I have attached Warrant Officer Phakula's statement as an annexure as well . While the police officers were busy at the crime scene , opening the case and waiting for relevant role-players to come , two police officers from Booysen arrived and enquired about what was happening , and they explained to them about the drug bust . The police officers from Booysens SAPS were satisfied and were willing to assist them .”
Members of the DPCI arrived and arrested police officers involved in the drug bust, charging them with dealing and possession/use of drugs.
“Members of DPCI , amongst others , General Kadwa , Brigadier Sekgobela , Colonel Steyn , Captain Sebula , arrived at the crime scene , and they arrested the police officer who made the drug bust . That is Warrant Officer Magane , Warrant Officer Phakula , Chief Mashaba , and Tumelo . They were charged with dealing in drugs and possession of drugs / use of drugs .”
Lieutenant-Colonel Maluleke wanted to take over the crime scene because the drug was part of his mandate, and General Khan took over the crime scene upon arrival, instructing Warrant Officer Magane to sit in his bakkie and Chief Mashava to go to his car taking firearm and cellphone.
“Lieutenant-Colonel Maluleke wanted to take over the crime scene as the drug was part of his mandate . Sergeant Phakula and Sergeant and Warrant Officer Sape from Dog Unit arrived , followed by General Khan . General Khan then said he was taking over the crime scene . Without getting the information from the officers who recovered the drugs , he then instructed Warrant Officer Magane to sit in his bakkie . He instructed Chief Mashava to go to his car and took his firearm and cell phone .”
On the day of a drug-related incident at Aeroton, Samuel Tsiani Mashaba contacted General Mawela to inform him that General Khan was harassing them at the crime scene.
“on the day of the incident, he contacted General Mawela, informing him that General Khan was busy harassing them at Aeroton crime scene”
General Mawela could neither confirm nor deny receiving a call from Mashaba regarding the incident.
“he indicated that he cannot confirm nor deny receiving a call from Mashaba”
General Ntombeni remembers discussing with an official attached to Gauteng Traffic Police named Mashaba about following drug information and was complaining that the police were about to arrest them.
“he alleges that he remembers speaking to an official attached to Gauteng Traffic Police, who introduced himself as Mashaba, who indicated that they were following the information on drugs, and he was complaining that the police were about to arrest them”
General Ntombeni referred the complaint about drug information follow-up to Brigadier Shibiri.
“He referred the complaint to Brigadier Shibiri”
Brigadier Shibiri said he had a conversation with Mashaba regarding drug trafficking information at Aeroton and being accosted by members of SAPS Crime Intelligence and Hawks who wanted to arrest them.
“He said that he had a conversation with Mashaba, relating to the following upon information about drug trafficking at Aeroton and they were accosted by a member of SAPS Crime Intelligence, Hawks, and want to arrest them”
A case was opened as per Booysen on 9 August 2021 and investigated by DPCI member Captain Sebula, now Lieutenant Colonel.
“They opened a case as per Booysen 9/8/2021, and it was investigated by DPCI, a member, Captain Sebula, I believe now he is a Lieutenant Colonel”
Arrested members were taken to Booysen's Police Station and detained around 19:30.
“The arrested member were taken to Booysen's Police Station and detained at about 19:30”
Tumelo was not initially part of the complainants but was interviewed later.
“when they came to IPID, it was only three of them. Tumelo was not part of them. So we asked for the contact details of Tumelo so that we can interview Tumelo, hence, we interviewed Tumelo at a later stage”
DPCI refused to provide a docket, thus preventing checking of other related cases.
“we were never given a chance to check the other case because the DPCI refused with a docket”
Mashaba told the investigating team they were following up on drug information from Brazil to Scania, and mentioned a person named Tumelo who was later interviewed.
“they were just telling us that they were following up upon information about the drugs from Brazil to Scania... So we asked for the contact details of Tumelo so that we can interview Tumelo, hence, we interviewed Tumelo at a later stage”
The information about drugs was linked to hacking or cybercrime activities but no concrete evidence or records of hacking were provided.
“The information... he was talking about isssues of hacking and something like that ... Cyber crime hacking... He was talking about hacking in order for him to get this kind of information about the illegal transportation of things ... But he was not giving us anything to work on ... No, he did not have anything ... We asked for the record, but he did not have anything ...”
Tumelo claimed to be an informer giving information to a late General but was not a registered informer with an official handler.
“he kept on telling us that he is an informer of that, the late General that he was giving the information to the late general ... My sense was that he was not a registered informer, because if he was a registered informer, he was going to tell us about the handler, the General who passed away ... So from my understanding, he was not a registered informer”
Mashaba was based in Sedibeng, Vereeniging, and Joseph Magane was at CIMAC, Crime Information Analysis Centre in Sonkizizwe - their involvement in a drug bust in Johannesburg appears incongruous given their official roles.
“Director Mashaba ... he is based in Sedibeng, in Vereeniging... In the case of Magane, it says he is in the CIMAC, Crime Information Analysis Centre, in Sonkizizwe... If you are a traffic director in Vereeniging or you are a crime analyst in Sonkizizwe, what are you doing in a drug bust? Because those two jobs have nothing to do at all with being involved in a drug bust”
The affidavit states Mashaba is employed as Chief at Gauteng Traffic Police in Sedibeng Vereeniging district.
“I am employed as Chief at Gauteng Traffic Police , Sedibeng in Vereeniging .”
A Traffic Officer named Mashaba was involved in conducting a drug bust, which is questioned as not being part of his job description.
“it was our concern that why , especially with Mashaba as a Traffic Officer , but he told us that you normally get this kind of information ... and then you normally assist with this kind of operation .”
Concern that a Traffic Officer is conducting a drug bust operation outside his jurisdiction and job scope.
“What is a Traffic Officer doing , conducting a drug bust ?”
EMP officers conducted drug busts outside their jurisdiction and not within the job description of Traffic Officers, which was found unlawful by IPID.
“they are outside of their jurisdiction . And for those two reasons , their conduct was unlawful , and we heard that from IPID when it was testifying”
Traffic Officer in Vereeniging was leading a drug bust operation chasing a truck from Sedibeng to Johannesburg, which is questioned as not in his job scope.
“here is a Traffic Officer in Vereeniging who is leading , because he is the leader ... conducting a drug bust . They are chasing it in Ekurhuleni , outside of Sedibeng . They are chasing it all the way to Johannesburg , outside of Sedibeng”
Traffic Officer has no business inspecting containers for drugs or arresting owners/recipients, outside normal duties.
“He has no business opening containers and finding out that there are drugs in those containers and arresting owners of those containers or the recipients of the goods that are in the container”
IPID officers do not investigate their complainants but focus on police conduct during incidents.
“at IPID , most of our complainants are suspects on the SAPS cases ... we are checking whether the conduct of the police , they acted within the scope of their mandate or not”
The complainants' complaint was that they were arrested while conducting a lawful operation, which was contested as unlawful according to IPID investigation.
“their complaint is that they were arrested when they were conducting a lawful operation .”
IPID investigates police conduct after incidents like shootings during a bank robbery, not the criminal acts themselves.
“IPID investigate that case , because we are checking the conduct of the police ... we are not checking what the criminals were doing in robbing the bank .”
The Commanders of Phakula and Magane were aware of and involved in communication about the operation on the day of the incident, indicating their knowledge of the activities of their members.
“the Commander of Phakula said he had the knowledge of what Phakula was going to be doing on that, on the day of the incident. And also the Commander of Magane gave a statements saying Magane called him and informed him about the operation”
The policing oversight body investigates Metropolitan police officers but not Gauteng traffic officers, indicating a limitation in jurisdiction.
“No, not the Gauteng traffic officers, the Metropolitan police officers.”
Assistant Director Maphosho inquired about whether certain police officers were on duty and whether their commanders were aware of the operation, but did not inquire about jurisdictional authority or whether the officers were authorized to be at certain locations.
“I enquired about whether they were on duty on that particular day and ... We enquired whether they were on duty and whether their Commanders knew about the operation.”
Assistant Director Maphosho acknowledges that in this particular case the complainants are police officers, meaning investigative procedures were different than normal due to the involvement of police reporting the matter.
“it was the police officers who reported this matter. However, we have two cases. We have got the case, the 98 case and the 252 case... so we only dealt with case 252.”
There is a potential for police to weaponize the Independent Police Investigative Directorate (IPID) against one another, suggesting risks of internal conflict and misuse.
“there is a potential or possibility of the police using or weaponizing IPID against each other.”
Assistant Director Maphosho was not fully informed about text message exchanges implicating Mr Nku and a 'boss' in the consignment of suspected drugs, which would have influenced the investigation's direction.
“if we had that kind of information, we were going to look at these things differently. ...Had you been aware of all of those things, would you still have taken this to be the mere actions of an informer?”
There was a failure in escalating a docket request to the Executive Director and General Lebeya at IPID, which hindered further inquiry into the docket.
“the NHl was supposed to have escalated the matter to the Executive Director, of which I do not think the matter was ever escalated.”
The matter was escalated to General Lebeya but no positive feedback was received from him.
“I t w a s e s c a l a t e d t o20 G e n e r a l L e b e y a . Y e s , b u t w e d i d n o t g e t a n y p o s i t i v e f e e d b a c k .”
General Lebeya did not assist IPID with the request, indicating IPID must investigate without copies of the document.
“General L e b e y a d i d n o t a s s i s t I P I D w i t h t h e r e q u e s t , i n s t e a d h e i n d i c a t e d t h a t I P I D m u s t i n v e s t i g a t e w i t h o u t t h e c o p i e s o f t h a t d o c u m e n t .”
Assistant Director Maphosho and colleagues did not verify if Mr Nku was a registered informer despite being told by Chief Mashaba he was his informer.
“You d i d n o t a n d y o u d o n o t c h e c k t h a t t o v e r i f y w h o t h i s s u p p o s e d s o u r c e i s ... w e d i d n o t v e r i f y .”
Chief Mashaba is involved in receiving information related to drugs, despite questions about his job description and role in drug matters.
“that he even has this informer who is assisting him about drugs? It just does not make sense.”
Assistant Director Maphosho relied solely on the information from Mr Nku as an informer to Chief Mashaba without verifying the basis of the information.
“You proceeded solely on the basis that he is an informer of Mashaba, who is his handler.”
Assistant Director Maphosho confirms that there are cases where Traffic Police work with SAPS members, especially the Hawks, in operations, although he is unsure about their memorandum of understanding.
“we also have cases where people from the Traffic Police working with the SAPS members, especially the Hawks, do some operation.”
Mr Magane's superior deposed to an affidavit indicating Mr Magane was not aware of the operation as his duties are office bound and relate to statistical analysis.
“Mr Magane's superior deposed to an affidavit much later probably , where he makes it clear that as a Commander he was not aware of the operation , since Mr Magane's duties are office bound , and that is in accordance with his performance enhancement plan .”
Assistant Director Maphosho states it was difficult to proceed without hearing the other side of the story as only one side was available to them.
“it was difficult without having to hear the other side of the story , because if we had the copies of the docket , we were going to know as to what was the other people on the other docket are saying . So we only had one side of the story .”
Assistant Director Maphosho acknowledges he had misgivings about Mr Nku based on his own interactions prior to having full information about the case.
“you did at least indicate that even without having the information that was relayed to you about the text , from your own interaction with Mr Nku , you had some misgivings about him .”
The source of information fed to Mashaba was questionable and should be treated with caution.
“the very source of information is questionable”
0% of complainants at IPID are free from suspicion or dodgy behavior, but complaints must still be followed up.
“0% of our complainants are always like dodgy at IPID, so most of the complainants, they are dodgy, so, but it does not mean we must not follow their complaint”
The police were hiding something by not sharing the docket and their suspects with the IPID.
“if the police, they do not want with the docket, it is like they were hiding something”
The three complainants raised allegations against General Kadwa, Brigadier Sekgobela, Colonel Steyn, Captain Sebula, and General Khan, accusing them of defeating the ends of justice.
“the three complainants, they raised these allegations against General Kadwa, Brigadier Sekgobela, Colonel Steyn, Captain Sebula by then, and General Khan, and they opened a case of defeating the ends of justice”
The accused acted in common purpose at the crime scene, with General Khan arriving first and handing over the scene to General Kadwa, then Colonel Sebula took over.
“I understood that they acted in common purpose, because... the first person who arrived at the crime scene was General Khan, who took over the crime scene and started giving people direction... he handed over the crime scene to General Kadwa... then Captain Sebula took over”
Colonel Steyn's role is unclear and none of the statements implicate him.
“None of the statements implicate him in any form or manner”
Warrant Officer Rikhotso was alleged to have stopped the dog unit from investigating the crime scene, according to sergeants Phakula and Sape.
“the person who stopped them from deploying their dog to investigate or to sniff around was, I think it is Warrant Officer Rikhotso”
Rikhotso could not be found and his information was missing from the docket, impeding investigation.
“they did not know where to find Rikhotso... We do not have the details of Rikhotso. We do not know where to find Rikhotso”
The dog unit was called to the narcotics crime scene but did not do their job, defeating the ends of justice.
“the Dog Unit was called, but they did not do the job at the crime scene”
Calling the dog unit is relevant for drug-related crime scenes to check the area and container for more drugs.
“a narcotic dog was relevant for that particular crime scene... The dog was supposed to have checked the whole area to check if there are any other drugs that were maybe stored in that particular warehouse... and check the container maybe for more drugs”
The LCRC (Law Crime Reaction Command) should have been called at the beginning before the bags were loaded onto Warrant Officer Magane's van.
“the LCRC was called ... right at the beginning , before the bags were loaded onto Warrant Officer Magane ' s van”
Chief Mashaba, Mr Nku, and Warrant Officer Magane were the first to arrive at the crime scene and opened the container, unpacked, and took the drugs onto Warrant Officer Magane's van without LCRC presence or a dog for inspection.
“they got there , the three of them , which is Mr Nku , Mr Magane , Warrant Officer Magane , and Chief Mashaba . They got there , opened the container , and then unpacked , took the drugs onto Warrant Officer Magane ' s van . When there is no LCRC , there is no dog”
There was suspicion about the conduct of officers transferring drugs from the container to an unmarked van without the presence of LCRC or a dog, which contradicted protocols of crime scene management.
“it seems obviously deeply suspicious that police officers would come in an unmarked van and then transfer the drugs from a container , when you know there are protocols about crime scene management”
Warrant Officer Magane had no knowledge or role in calling the LCRC or managing the drug bust crime scene.
“Magane had nothing to do with calling the LCRC ... he knows nothing about drugs and crime , the management of a drug bust scene”
The LCRC was eventually called to the crime scene by Magane with assistance from the Booysen police, but by that time the crime scene was contaminated because the drugs had already been taken from the container into the bakkie (vehicle).
“the LCRC person was called ... The only challenge was that they have already contaminated the scene by taking the drugs from the container into the bakkie”
The police officers who first arrived at the scene did not know how to handle the crime scene properly and contaminated it by touching the drugs and loading them onto the van, thus risking losing fingerprint or DNA evidence.
“they do not know how to handle the scene ... there are fingerprints all over them ... no chance of fingerprints being uplifted , DNA being uplifted , almost gone if not gone altogether”
The fact that the drugs had been handled and loaded onto Warrant Officer Magane's van before the LCRC arrived was a serious problem resulting in contamination and possible defeat of the ends of justice.
“they had already loaded these bags onto Warrant Officer Magane ' s van ... contamination of the scene”
The police officers who later arrived, including the Hawks, took over the scene and arrested the people involved, but did not establish ownership of the drugs properly.
“the police who came , the Hawks who came later to come and handle the scene , did not only handle the scene , they also arrested these people ... the police did not even try and establish as to who is the owner of these drugs”
The conduct of police officers mishandling the crime scene was not necessarily a criminal offense, but was problematic for justice.
“the conduct of not knowing how to handle a crime scene does not necessarily make it a criminal offence”
The stopping of the dogs at the incident at least shut that window of opportunity for more container searches.
“the stopping of the dogs at least shut that window of opportunity”
There is a suspicion that there could have been about three containers involved in an incident at Aeroton, one containing guns and another containing drugs.
“there could have been about three containers containing, I think other ones containing guns, the other one containing drugs as well”
From the evidence, there is only one container that came up at Aeroton as an issue, despite information suggesting there were more containers expected.
“from the evidence there is only one container that came up, or that is an issue in Aeroton”
Information from people at Scania indicated they were expecting three containers, but only one actually arrived at the premises to become an issue in this case.
“we get affidavits from people from Scania that were expecting three containers... only one came up to Gauteng to become an issue in this case”
There is no evidence to suggest that there were more than one container present at the time of the incident at the Scania premises for the dogs to sniff out.
“there is no evidence to suggest that there were more than that”
Dogs would have been used to sniff at a minimum of three containers on the day of the incident.
“the dogs would have sniffed at a minimum of what, three containers on the day”
The person who stopped the dogs, Rikhotso, has nothing to do with the five accused in any event.
“even the person who stopped the dogs as Rikhotso, it has nothing to do with the five accused in any event”
Mr Nku's interest in the operation at Aeroton was related only to the one container that was followed from Durban to Scania.
“Mr Nku's information related to this one container... followed all the way from Durban, and he parked inside Scania to watch it unloading”
From what was observed there was not another container from Durban on that day at the Scania premises, otherwise policemen there would have searched those containers even without dogs.
“there was not another container that came from Durban on that day that was in the premises, because if it was there, the policemen who were there would have searched those containers even without the dogs”
The entire operation at Aeroton involved an expectation of 11 containers, from which two had drugs and one had firearms, but only one container is shown in photos and evidence on the day of the incident.
“they were expecting 11 containers. But they are saying from these 11 containers, three of those containers, two had drugs and one had firearms... I did not even see the photo album of the crime scene on the day of the incident”
Investigators normally obtain copies of police dockets directly from the police station or call the investigating officer to arrange this, without needing to request from the Commander.
“an investigator can just go to the police station... So what we normally do when we arrive at the police station...”
There is no requirement to request police docket copies in writing or by email, and IPID relies on section 29(2) of the IPID Act for cooperation from SAPS.
“there is no requirement for a certain form that it must take... IPID, we are relying on section 29(2) of the IPID Act”
A letter in November from the Director to General Lebeya was a formal request for the docket to be used for the purposes of this inquiry.
“you write to General Lebeya and it is a formal letter from your Director saying... please intervene, we are looking for this docket for the purposes of this inquiry”
General Lebeya did not assist IPID with a request for a copy of docket Booysen's CAS 8/07/2021, instead indicating IPID must investigate without the docket copies.
“General Lebeya did not assist IPID with the request. Instead, he indicated that IPID must investigate without the copies of that docket.”
The IPID Act requires police members to provide full cooperation to IPID including arranging identification parades, availability for affidavits, and producing relevant documents.
“The members of the South African Police or Municipal Police Service must provide their full cooperation to the directorate, including but not limited to (a) the arrangement of identification parade within 48 hours of the request made by the directorate; (b) the availability of members for the taking of an affidavit or an affirmed declaration to give evidence or produce any document in that member's possession or under his or her control, which has a bearing on the matter being investigated; (c) any other information or documentation required for investigation purposes.”
Section 33(3) of the IPID Act states failure to comply with Section 29 is an offence punishable by fine or imprisonment up to 2 years.
“Whereas Section 33 (3) of IPID Act, 1 of 2011, stipulates that any police officer who fails to comply with section 29 is guilty of an offence and liable on conviction for a fine or imprisonment for a period not exceeding 2 years.”
IPID has used its power under Section 33(3) of the IPID Act to compel compliance with Section 9(2).
“Yes, Commissioner. This Section 33, we also have the regulations. In terms of the regulations, because Section 21 we have got subsection (1) and (2).”
General Kadwa has ignored formal correspondence from IPID.
“Kadwa has ignored you where there has been formal correspondence.”
IPID has laid criminal complaints against police officers for non-compliance, but not in the peculiar case where a requested docket copy was refused.
“Yes, in terms of Section 29 (1), we do have most of those cases of non-compliance. Criminal complaints, ja. But the thing is with subsection (2), this one was, I would say it was a peculiar case. It has never happened before where we requested a docket and somebody refused with a docket. It was one of its kind. And nothing happened yet.”
IPID invoked provisions of Section 29(1) to lay criminal complaints and prosecute people for non-compliance.
“Yes, in terms of Section 29 (1), we do have most of those cases of non-compliance. Criminal complaints, ja.”
The letter to General Lebeya requesting intervention was not sufficiently instructive or explicit about consequences and deadlines, reducing its legal effectiveness.
“My concern is that this letter, it does not come out as instructive as it could, given the powers that you have read ... I would have expected at the very least to say what kind of intervention exactly you are requesting ... I would have found this letter to be having more bite if at least it gave deadlines as to when at least General Lebeya ought to have responded to this...”
General Lebeya did not assist IPID with the request and indicated that IPID must investigate without the copies of that docket.
“General Lebeya did not assist I P I D with the request . Instead , he indicated that I P I D must investigate without the copies of that docket”
IPID obtained statements of independent witnesses including truck driver Brightman Vusi Mtembu regarding container details and events of 2021-07-08 and 2021-07-09.
“IPID obtained the statement of other independent witnesses , the truck driver , the lady who was about to receive the goods , and the manager at Scania . The first person is Brightman Vusi Mtembu , who was the truck driver . His statement , I attached the statement as T K 12 , indicated that on 2021-07-08 in the morning he was in Durban when he received a message from his company with the container details to be collected at Durban Harbour . He arrived at the Durban Harbour at about 18 : 20 . He inspected the container and the seal was intact . He then took the container and drove to Roodekop , where he arrived at about 00 : 20 . On 2021-07-09 at about 6 : 30 , he arrived at work and went to inspect the truck and found that the seal was still intact . He was about to take the”
Assistant Director Maphosho recalls that in a meeting with the NHl as a team, the message was conveyed that General Lebeya said they must investigate without the copies of the docket.
“I remember we had the meeting with the N H I as a team , as the N C team , and the message was conveyed to me that General Lebeya said we must investigate without the copies of the docket”
The investigation into the docket was an internal decision taken to proceed without the requested copies of the docket.
“ultimately, this was an internal decision to say , look … . It was”
Although efforts were made, it was not enough because they were supposed to have opened the case earlier.
“But not try enough , because we are supposed to have opened the case”
Police officers at Aeroton escorted the truck driver and searched the container without his presence; the truck driver was told he was under arrest for transporting drugs but was not aware of the contents inside.
“He was escorted by the police to Aeroton and on arrival the container was received by Jolene , who asked him to put the container at the bay . He did not see who opened the container . When he alerted from the truck , he noticed the black bags being loaded from the container into the Nissan MP300 . At all , a guy who identified himself as a police officer informed him that he was under arrest for transporting drugs . He tried to explain to the police officer that he did not know what was inside the container .”
The arrest of the truck driver by police officers including those from General Khan's team was premature and not justified as investigations were insufficient.
“it was premature”
The truck driver did not know the contents of the container and was not properly interviewed before arresting him, indicating a procedural failure.
“the driver did not know what was inside the container . So even the first members who arrived first , they were supposed to have made like a proper investigation before they can arrest people”
The truck driver did not stop at weighbridges between Durban and Roodekop; it is inferred this was suspicious and possibly instructed by someone to avoid stops.
“because he was indicating that the driver did not pass through the weighbridges , so he drove from Durban to Roodekop without stopping at any weighbridges . And according to him , because of him doing that , he knew what was inside the container .”
When asked, the truck driver said he was in a hurry and tired and did not want to stop at weighbridges.
“he said he was in a hurry to go back home . He was tired . He did not want to stop anywhere”
It is suspicious that the truck traveling from Durban at 1 o'clock was nowhere in Johannesburg by 8 o'clock, implying the driver was involved in some scheme and did not stop at weigh bridges as instructed.
“it is really suspicious that at truck can't travel from Durban from 1 o'clock and then 8 o'clock is nowhere in Johannesburg”
The truck driver took the container at Durban harbour about 13:30 and arrived at his company in Johannesburg by 20:00, which was considered very quick.
“the driver took the container at the harbour at about 13 : 30 and arrived at his company in Johannesburg at 20 : 00 , which is very quick”
The investigation of the truck driver's suspicious travel and failure to stop at weigh bridges should have been conducted by the Hawks, but it is difficult as it might look like interference with SAPS investigations.
“I think it is difficult to investigate these kinds of issues because it would look like we are now overstepping on the investigations that is being conducted by the SAPS”
The police failed to properly investigate whether the truck driver avoided weigh bridges, which should have been done by SAPS or the Independent Police Investigative Directorate (IPID) since the driver is not a police officer.
“if we had to see as to what is in the docket, whether the police followed the issue of these weigh bridges or not. If not, IPID was going to do that. But we did not want to investigate this issue, and this truck driver is not even a police officer where IPID have mandate to investigate such”
There was an occurrence where a container arrived at a warehouse from Yellow Jersey on 2021-07-09 accompanied by a police officer who requested to open the container and discovered black bags containing drugs.
“On 2021-07-09 at about 9:00, the container arrived at the warehouse from Yellow Jersey. The truck was accompanied by the police officer. ... As they opened the container, the black bags fell out of the container and the police officer said it was drugs”
The police arrested Jolene Koekemoer Wentzel for receiving the drugs, the driver for transporting, and Cornelius for ownership of the drugs, and intended to bring them to the nearest police station.
“He was arresting her for receiving the goods, the driver for transporting the goods, and Cornelius because the goods belonged to him. He said he was taking them to the nearest police station”
The Tall Officer referred to in the arrest context is likely Mashaba, confirmed by assistants and counsel.
“when reference is made to the tall officer, it is Mashaba”
Police from Booysens arrived at the crime scene first after Mashaba and Magane and received a complaint about the situation.
“there were two police officers from Booysens who arrived first, who arrived after these Magane and Mashaba arrived at the crime scene. I think they received a complaint from 10111”
Jolene, who was involved in receiving the goods, would typically check the container to confirm contents and seal integrity, or open the container; there was uncertainty about whether she would have feigned surprise if drugs were present.
“Jolene was the one who was going to receive the goods ... she checked everything that is inside the container to confirm ... or is it an issue of her checking the seal to confirm that the seal is intact ... If Jolene was aware that there were drugs in there, she would have feigned surprise, would she not?”
The police officers attending the crime scene interviewed Magane and Mashaba and reported back indicating that it was a legitimate operation and they were assisting before Phakula arrived.
“They attended to the crime scene, they interviewed Magane and Mashaba, and ... they also gave their 08, like their report back to 10111, indicating that it is a legit operation, the police are working, and they were assisting Mashaba and Magane before even Phakula arrived at the crime scene.”
The Hawks members who came later arrested members without following up on information about the movement of drugs, implying irregularities in their conduct.
“So for the Hawks members to come later and arrest these members without even following up upon the information as to where the drugs were going, it was something else ...”
The officers arrested (Phakula, Magane, and Mashaba) claimed to know nothing about the drugs.
“I think the thrust of the position of all the people that Warrant Officer Phakula, Warrant Officer Magane, and Chief Mashaba arrested, I think the thrust of their responses was basically that they knew nothing about these ...”
Experts testified it is very difficult or impossible to identify the consignee or owner of drug consignments, and investigation officers have never found the consignee.
“People who have expertise in this field have said that it is very difficult, if not impossible, to ever get to know who the person supposed to receive the consignment is ... they basically said they have never found the consignee.”
Assistant Director Maphoso suggests that the arrested officers might know more than they claim at the moment because they were arrested; he names Mashaba and Tumelo as people who possibly know more.
“If the Hawks may be dealt with the scene not the way they dealt with, to maybe the statement of those people, I do not know whether they know more than they are saying at the moment because they were arrested ... Which people do you say may be know more? Mashaba and Tumelo.”
Magane was present from the beginning but may not have had information beyond what Mashaba and Nkuhad had; he was only notified in the morning and even Mashaba contacted Pokungwa first.
“He was only notified in the morning. Even Mashaba called Pokungwa first, and then he was referred to Mashaba. He was there, but ... maybe he did not have information more than what Mashaba and Nkuhad had.”
Some police officers allegedly failed to do a proper investigation and appeared to be protecting the owner of the drugs, not wanting to identify them and instead blaming others to protect a smooth movement of drugs.
“If they fail to do proper investigation, I would say from where I am sitting, it is like they were protecting the owner. They knew who the owner of the drugs was, but they did not want, they wanted somebody to be blamed because now these four disturbed the smooth movement of these drugs.”
Nku has nothing to do with this investigation as he is a supposed informer and cannot be part of the personnel.
“you know Nku has nothing to do with all of this”
Arresting four individuals shifted the focus from identifying the real owner of the drugs to punishing the initial four arrests.
“because with them arresting these four, they are shifting the whole focus of getting the real owner of the drugs into these four people”
Magane is not an investigator of narcotics and Mashabai is not involved in this kind of investigation, implying they had no proper investigative role in the drug bust.
“you know Magane is not an investigator of narcotics ... you know that Mashabai is not an investigator of this kind of stuff”
The arrest on the day was premature and could represent a defeat of the ends of justice, as the investigation should have been ongoing beyond that day.
“there was a defeating of the ends of justice as if it started and ended on the day itself ... if you accept that an investigation would have been an ongoing process ... Magane is not an investigator ... Mashabai is not SAPS ... Nku is irrelevant ... the arrest was premature”
Police arrested people without knowing the real owner of the drugs, indicating they might have known more than they disclosed and therefore focused on punishing the first four arrested individuals.
“the police were supposed to have opened an enquiry because nobody knew who was the owner of the said drugs ... but for them to arrest people without having information ... they knew who ... so they must punish this first four with arrest”
Phakula, one of the first responders, refused to provide an enquiry number, which is contrary to standard procedure where the arresting party should arrange an enquiry number.
“Phakula said, we do not need that ... as the first people on the scene ... they are the ones that arrange for the registering of an enquiry number”
It is improper for police to decide and arrest based on visual identification of black bags and smell without following proper procedure and investigation timescale.
“the way it was done where containers fall out, bags fall out, put in a Nissan bakkie and somebody decides based on how the bags smell that these are drugs ... was improper”
It was improper for police to decide on the spot that the bags falling out of the container were drugs and to arrest the driver and manager based on smell rather than proper procedure.
“containers fall out, bags fall out ... somebody already decides based on how the bags smell that these are drugs and arresting the driver and arresting the manager ... that was improper”
The investigation does not start and end on the day of the arrests; it is an ongoing process, and arrests can happen at later stages once drugs are confirmed.
“the investigation does not start and end on the 9th of July ... once it was determined that these were drugs, then the investigation would go back to the driver and the warehouse manager and all those people ... then they become suspects and can be arrested”
Releasing the initially arrested people cannot be considered defeating the ends of justice if no one was supposed to be arrested that day.
“stopping there, releasing those people, then cannot constitute defeating the ends of justice, if no one should have been arrested”
The arrest of the driver was premature as the driver did not know about the contents of the container, supporting that no arrest should have taken place that day.
“when I interviewed the driver, it was clear that the driver did not know about what was in the container ... no one was supposed to have been arrested”
On the day in question, no one was supposed to have been arrested as the proper procedures for securing and testing the exhibits were not yet completed.
“on that day, no one was supposed to have been arrested”
Warrant Officer Rikhotso argued with Warrant Officer Phakula over opening an enquiry file with Rikhotso wanting an enquiry file opened but Phakula refusing and saying General Khan was on his way.
“A police officer later known as Warrant Officer Rikhotso arrived and had an argument with Warrant Officer Phakula ... Rikhotso did not want them to open a case, but to open an enquiry file. Warrant Officer Phakula refused, and he was then told that General Khan was on his way”
The Independent Police Investigative Directorate (IPID) does not have the mandate to investigate unlawful arrests.
“IPID does not have mandate to investigate unlawful arrest.”