Hearing day 113

Members of the media and authorized persons are prohibited from publishing or broadcasting any material that may reveal or tend to reveal the identity of Witness I.

“Members of the media and any persons granted access to the proceedings are prohibited from publishing, broadcasting, disseminating or otherwise placing in the public domain any image, photograph, video footage or other visual material that may reveal or tend to reveal the identity of Witness I”

The testimony of Witness I will be heard publicly via audiolink but his face or visual features will be concealed to protect his identity.

“The testimony of Witness I will be heard publicly via audiolink and his face or visual features will be concealed”

Application by Witness I for his evidence to be heard partially in camera on 9 June 2026 was granted by agreement between the parties.

“the application by Witness I for his evidence to be heard partially in camera on 9 June 2026 is granted”

Warrant Officer Mpangase was the scribe at the crime scene and responsible for making notes used by all in compiling statements.

“on a crime scene there is a scribe. So in this case, the scribe was Warrant Officer Mpangase, the one who was making notes.”

Statements obtained from Govender and Mkhize by the investigating officer were true reflections of their observations on the scene and there was no intention to mislead or defeat the process.

“I was the Investigating Officer that did obtain statements from Govender and Mkhize. Had I had an intention of misleading or defeating or doing anything underhanded, that would have been reflected in those statements that I obtained from them. My statements that I obtained from these relevant members was indeed a true reflection of their observations on the scene.”

Warrant Officer Mpangase did not make notes prior to, on the day of, or possibly even on the day following the operation; he was writing his investigation diary working on hindsight about what transpired.

“It is apparent that Mpangase did not make those notes either prior to the operation or possibly not even on the day, or even it could have been after the actual seizure. Hence, he was now writing his investigation diary up, but working on hindsight as to what had transpired.”

Warrant Officer Mpangase initially wrote information about 27 kilograms of cocaine before the actual events were fully known; this number was only indicated much later or just before proceeding to the depot.

“he would start off with information received about 27 kilograms of Cocaine. Although, according to all our accounts, the number was only indicated to us much later or just before proceeding to the depot.”

Mpangase's investigation diary was not pre-registered on the day of the inquiry but was written in a correct sequential chronological diarised sequence after obtaining information.

“During the normal scheme of things, if this was an enquiry that was pre-registered, meaning it was not registered on the day, then it would have been a correct sequential, chronological diarised sequence of events... It is apparent that Mpangase did not make those notes either prior to the operation or possibly not even on the day... He was now writing his investigation diary up, but working on hindsight as to what had transpired.”

The statement submitted by Colonel Jacob to the Commission was overly brief and omitted details present in his original information note regarding reasons for moving the operation from the depot to Isipingo Police Station.

“the fact that your statement, the statement that you filed with the Commission, is overly brief and you would have wanted to highlight once again to the questions posed to you by the Commissioners, the detail that you had in your original information note, as you call it, but somehow did not find its way into the statement.”

An information note prepared by Colonel Jacob for consultation with the Evidence Leaders was more detailed than the initial statement and aimed to develop a fuller explanation of his decisions regarding the movement of exhibits.

“I did what I called an information note, which was much more detailed. So with your indulgence, I would like just read out that little paragraph that deals with what …”

Colonel Jacob considered that carrying exhibits to a less congested area at the far end of the CHC container depot posed certain risks but deemed it safer than conveying them to Isipingo SAP about four kilometers away, which is situated near Umlazi, a high-risk area. He also considered calling a tactical team to assist but decided against it due to their longer response time and preference for unpacking and counting at the police station to reduce risk.

“I considered possibly carrying these bags to a less congested area at the far end of the depot. In my opinion, the risk associated with conveying these exhibits to another part of the depot was greater than the risk of conveying the exhibits to Isipingo SAP, which is approximately four kilometers away from the depot. The depot is situated approximately 11 kilometers away from Umlazi, which is a high-risk area. I considered calling a tactical team to assist to secure the area, but decided against it as I knew their response time would be longer than I would have required. I also based this decision on the basis that the unpacking and counting at the police station would pose lesser risk.”

The information note referred to by Colonel Jacob was not created in 2021, contrary to an impression given by the Chairperson, but at a later date for the purpose of developing a statement for the Commission.

“This information note you referenced, you prepared for purposes of developing a statement for the Commission, so it was not created in 021.”

Colonel Jacob confirmed that he learned details about a 27 kg cocaine container not directly at the CHC depot but during a briefing meeting near the depot with Captain Duma before proceeding to look for the container.

“The 7 kilograms, the number was relayed to us at a briefing spot where we met Captain Duma, which was close by to the depot.”

Warrant Officer Mpangase admitted in his statement dated 23 November 2021 that on the morning of 22 June 2021 he received information from Crime Intelligence about a container possibly containing approximately 27 kilograms of cocaine kept at Isipingo CHC Warehouse destined for Johannesburg.

“In the morning of the 22nd of June ‘21, I received information from Crime Intelligence that there was a container possibly containing approximately 27 kilograms of drugs, Cocaine, which was kept at Isipingo CHC Warehouse destined to Johannesburg. The container number was BEAU 5 …”

Warrant Officer Mpangase stated that he, Lieutenant Colonel Jacob, Warrant Officer Sibiya (now Captain), and a Crime Intelligence member went to Isipingo to look for the alleged cocaine container.

“Myself, Lieutenant Colonel Jacob, and Warrant Officer Sibiya, now Captain, together with the Crime Intelligence member, proceeded to Isipingo to look for the alleged container.”

The container was opened, its contents taken out, resealed, and the depot manager was instructed that the container must stay there and must not be moved.

“you, when you left the depot, so you opened the container, you took what was in there, it was resealed and then you instructed, I use the word instructed because I do not remember what word you used, the depot manager that the container must remain there. It must not be moved”

No detention notice was issued regarding the container at the time.

“there was no detention notice that was issued”

The diary record did not show any decision or instruction to detain the container and no receipt of such police instructions was recorded.

“it is not recorded in the diary that there was such a decision ... we do not have a detention notice, we do not have an entry in the diary that indicates or that records that the police gave that kind of instruction”

The investigation diary is an indicator of investigation activities but might not necessarily record every instruction related to the container.

“your investigation diary, yes, it is an indicator of what transpired in your investigation ... it is not a hard and fast rule that that would necessarily have to be contained in your C-clip, but it would have to be reflected in your statements somewhere along the line to show what happened to that container”

There is a record in the diary of an instruction to release the container, but no prior record of a decision to detain it.

“there is a record of an instruction to release ... That act, the opposite of the instruction to detain, is recorded”

Warrant Officer Mpangase was not as thorough as he should have been in diarising instructions about the container.

“Warrant Officer Mpangase was not as thorough as he should have been. I would do things like that. I diarised it”

The container was resealed after opening as noted in Colonel Jacob's statement.

“it is encompassed in my statement, the fact that we did seal it up again”

The investigation diary's reliability is questionable as it contains records made after the events and does not fully account for what happened.

“it is a record after the events ... it does not accurately or fully account for what happened”

The container doors faced the person opening it, making it necessary to access it from the front.

“even if the containers are placed side by side, the door of the container is facing you”

The container was placed between two other containers at the CHC Depot, making access and operations difficult.

“where the container had been placed was between two other containers”

The CHC Depot was a congested and much smaller area than presently seen in photos, with machinery moving around and no designated area for container examination.

“it was a much more congested environment ... it was not a designated area for an examination of a container ... machinery moving throughout”

The container's front side, where the door is, is the only relevant part to consider for access and operations; sides and back are irrelevant.

“that renders either sides of the container and the back only irrelevant”

Even if items and exhibits were laid in front or to the sides of the container, there was no physical space in front or sides to facilitate processing because of congestion.

“even if we laid some in front of it and laid some of our exhibits on the side to start processing, there was no space in the front or the sides”

The container was offloaded or lowered in an area not designated for searching containers.

“they offloaded or lowered the container that was not a designated area”

Colonel Jacob admits that during his first visit to CHC, he assumed the area where containers were lowered was designated for that purpose but now understands that was not the case.

“it was my first visit to CHC . I assumed that was the area for placing containers . I cannot tell you why it was placed there ... I did not object to it upon opening it”

Adv Sello SC suggests Colonel Jacob knew the container was placed in a non-designated area but allowed it for his convenience as he was unfamiliar with CHC Depot's layout, to which Colonel Jacob initially denies but later partly admits.

“So you knew it was not a designated area ... But you already know it is not a designated area ... I was not aware that this was not a designated examination area”

Colonel Jacob states he did not close the container or instruct moving it to a proper place despite recognizing the quantity, due to safety concerns, distance to Isipingo, and lack of adequate exhibit bags.

“I am maintained by those reasons ... the safety of that area , the fact that Isipingo was four kilometres away , the fact that we had no exhibit bags or no adequate exhibit bags for it”

Colonel Jacob claims he was unaware of a seizure of 999 kilograms at CHC Depot in July 2021, which is concerning given his role as Unit Commander of Durban's COCIU.

“You do not know of that seizure ? ... No , I am not aware of this”

According to Colonel Jacob, Maydon Wharf police station has its own exhibits to attend to, similar to Isipingo police station; securing appropriate storage space is difficult because stations do not want to give up SAP13 exhibit room space.

“Maydon Wharf has their own exhibits to see , to attend to ... those stations know that the lab takes a long while to house those exhibits ... but no station wants to give away the SAP13 space”

Colonel Jacob confirms this is how they operate, indicating a systemic problem in securing exhibit storage space at police stations.

“Yes , can I elaborate on that ? ... Yes”

Colonel Jacob highlights that police stations like Maydon Wharf receive bulk exhibits seized at the harbour but he did not engage with them due to past experiences where they would call him to remove exhibits, showing reluctance to request storage space.

“stations like Maydon Wharf , which is close to our harbour, ... I know that they are going to need that storage place , then they are going to call me to take away my exhibits from there ... past experience has taught me certain stations will assist, others will not”

Adv Sello SC suggests the police operate in a manner where space for storing exhibits at police stations must be begged for, leading to reluctance in making requests to avoid rejection.

“like everybody owns a police station ,... you literally have to beg because somebody is going to reject your request ... you end up not even making the request”

Colonel Jacob asserts that approximately a year ago, his EPR group seized around eight tonnes of copper in the Malvern policing precinct but due to lack of suitable storage infrastructure, all of it was stolen over time despite police cases opened for petty thieving.

“I think it was a year or just over a year back, my EPR group seized around eight tonnes of copper in the Malvern policing precinct...Within a year, every bit of that eight tonne of copper was stolen.”

Several police stations including Malvern and Isipingo have logistical challenges to safely store large quantities of seized items, necessitating special logistical arrangements such as acquiring shipping containers for storage.

“There is no space to keep eight tonnes of copper...I personally had to acquire a container, a shipping container that we moved at our own logistical, making our own logistical arrangements.”

All seized exhibits stored in containers at stations like Malvern and Isipingo end up being stolen within months, forcing the need to request specialized police units for guarding, though these units have their own duties and limited capacity.

“All of those exhibits ended up being stolen within a few months as well...So you are having now to request specialised units like TRT, NIU, POP, to come and guard those exhibits.”

Colonel Jacob admits he did not ask police stations if storage space was available before assuming there was none, leading to losses and flawed logistical decisions regarding seized copper.

“No, I did not ask...So you assumed.”

Chairperson accuses Colonel Jacob of making a factual incorrect assumption that all storage avenues for seized copper were exhausted and not conducting proper enquiries at police stations like Durban Central, Brighton Beach, Maydon Wharf, and Umbilo.

“Did you ask? ... You simply made an assumption... It is not factually correct that you had exhausted all avenues...You did not make that groundwork.”

Colonel Jacob acknowledges he knew stations like Durban Central were complaining about storage but admits he did not phone to enquire if space was actually available, indicating a failure to verify assumptions.

“I knew they were complaining about our exhibits... I did not phone them to enquire, Chair.”

Colonel Jacob explains that at his rank, there is only so much he can do to escalate challenges about exhibit storage, as station commanders or district commissioners may not take his requests seriously unless made by his superior officers.

“...at my level as a Colonel and at that stage as a Lieutenant Colonel, there is only so much that I can do to escalate this challenge...a station Commander or District Commissioner will not hold my opinion...they would take it more seriously if engaged by my Brigadier, my Provincial...”

Chairperson accuses Colonel Jacob of lying to superiors by stating he exhausted all storage avenues when he had not, implying deliberate misinformation.

“So you lied to him... You lied because you have accepted that you had not... You lied when you said to him you had exhausted all avenues.”

Colonel Jacob admitted that he lied when he said he had exhausted all avenues before.

“So you lied to him when you said you had exhausted all avenues. Do you agree?”

Colonel Jacob agreed that it was factually incorrect that all avenues had been exhausted when he said so.

“Was it true? Was it factually correct? ... Factually, no, sir.”

It was problematic that the decision to move to Isipingo Police Station was not recorded in the diary of Warrant Officer Mpangase.

“But it is not in the diary of Warrant Officer Mpangase ... He merely says, we opened, we found this, it was decided we go to Isipingo. That is problematic.”

Colonel Jacob agreed he could not furnish an explanation on behalf of Warrant Officer Mpangase for why the decision to move to Isipingo was not recorded.

“I cannot furnish an explanation on behalf of Warrant Officer Mpangase.”

National Instruction 8 of 2017 on Property and Exhibit Management is known and understood by district or heads of various police stations.

“Is it fair to assume ... that the district or heads of various police stations have seen the document and are familiar with it?”

Colonel Jacob confirmed that all property and exhibits seized must be registered as per National Instruction 8 of 2017 and transferred to the relevant unit's SAPS 13 register.

“All property and exhibits seized must be entered in the SAP 13 property register of the relevant police station ... and then transferred to the relevant unit and entered in the SAPS 13 of the relevant unit.”

Colonel Jacob admitted that police station commanders and relevant officers have no discretion but must compulsorily register all seizures as prescribed.

“The station Commanders and everybody has got no discretion on this. This prescript compels them, you register.”

Colonel Jacob admitted police at Isipingo did not store seized drugs but refused to accept seized exhibits when asked.

“I maintain ... that Warrant Officer Perumal did not want to keep those exhibits ... Perumal explicitly refused to store those exhibits ...”

Colonel Jacob acknowledged that the police did not comply with National Instruction 8 of 2017 section 7.4 regarding registration of property at Maydon Wharf.

“Why did you not comply with 17.4 ... All property and exhibits must be entered in the SAP 13 of the relevant police station ... Maydon Wharf being the nearest police station?”

Warrant Officer Perumal denied having refused to accept exhibits; there is no diary entry recording such refusal.

“There are codes with Perumal's denial. In fact, it lends credence to Perumal's denial that there was ever such a discussion.”

CHC Depot falls within the jurisdiction area of Durban Harbour Police.

“the SOP, the ORS SOP yesterday, which identified CHC Depot to be a licenced depot around the harbour ... that falls within the area of ORS Durban Harbour Police”

Durban Harbour Police have jurisdiction over the CHC Depot and exhibits seized within their area must be handed to Maydon Wharf Police Station.

“in his understanding ... must be handed in as exhibits at the SAPS Maydon Wharf Police Station ... within the Durban Harbour Police area”

Captain Stephan Albert Moolman was the exhibit clerk serving at SAPS Maydon Wharf from July 2014 to December 2024 responsible for receiving, safeguarding and releasing exhibits within the Durban Harbour Police area.

“From July 2014 to December 2024, I was the exhibit clerk serving in the SAPS 13 exhibit room at SAPS Maydon Wharf ... My duties entail the receiving, safeguarding, and releasing of exhibits at the SAPS Maydon Wharf ... seized or found ... within the Durban Harbour Police area must be handed in as exhibits at the Maydon Wharf Police Station”

Colonel Jacob states that Maydon Wharf does not ordinarily receive exhibits seized outside its policing area such as IsiPingo, and no records exist of such transfers.

“the Maydon Wharf would not ordinarily receive exhibits that were seized in the Isipingo Policing Area ... I am not familiar with any such case that we have on record where we have now transferred exhibits from one of those identified depots to Maydon Wharf”

Colonel Jacob states that despite the SOP, police stations like Maydon Wharf do not accept exhibits seized outside their precinct, such as Isipingo or Umbilo exhibits.

“we have never ever stored exhibits from Isipingo at Maydon Wharf for Umbilo ... Police jurisdictions are police jurisdictions ...”

Colonel Jacob acknowledges that CHC Depot is within Durban Harbour Police jurisdiction but rejects the idea that exhibits seized outside that area must be sent to Maydon Wharf.

“you have accepted that the CHC Depot is within the harbour area under, in whose jurisdiction, or in whose area the Durban Harbour Police have jurisdiction ... I have never known of one case of those exhibits now being sent to Maydon Wharf because they fall under Durban Harbour Policing area”

Colonel Jacob admits to assuming rather than enquiring whether potential police stations had storage space for exhibits when seeking alternatives for drug storage.

“I did not enquire. I drew an assumption”

Between 8 May 2020 and 2 December 2024, six seizures were stored at SAPS Maydon Wharf, including a 32 kg cocaine seizure on 8 May 2020 and a 999 kg cocaine seizure on 30 July 2021.

“Now, paragraph 4 lists six records six seizures that were stored at SAPS Maydon Wharf from 8 May 2020 ... until the 2nd of December 2024 ... 32 kilograms of Cocaine received on the 8th of May 2020 ... 999 kg Cocaine received on 30 July 2021”

Colonel Jacob incorrectly assumed that after a 32 kg seizure on 8 May 2020, subsequent large seizures like 999 kg on 30 July 2021 could not be accommodated at Maydon Wharf, which is disproved by storage records.

“your seizure actually occurred before the 30 July 2021 seizure ... your assumption was wholly wrong, because six weeks after your seizure, he could accommodate 999 kg ... I did not enquire ... I drew an assumption”

Drugs seized and stored at Maydon Wharf lay there for three months before the lab accepted them after a theft at Port Shepstone.

“these drugs lay at Maydon Wharf for three months and it was only subsequent, or after the theft of the drugs in Port Shepstone, that now the lab saw fit to start accepting these exhibits”

On 12 November 2021, the lab took up exhibits including 999 kg of cocaine and 547 kg of Mandrax, initially stored at Isipingo and Durban Central.

“It is only on the 12th of November 2021 that these exhibits, 999 kg of Cocaine ... together with those exhibits that were initially at Isipingo and then moved to Durban Central, it was only at that stage ... that the lab had taken them up”

Storage capacity at Maydon Wharf was uncertain, but the SAP 1320 safes were clogged with the cocaine exhibits.

“the SAP 1320 safes get clogged up, so we were going to have 999 kg of Cocaine there with another 500 kg, so that is one and a half tonnes. I am not sure of the storage capacity at Maydon Wharf”

Other stations had storage capacity closer to their areas, including Umhlali policing area, which had physical capacity to store over a tonne of exhibits.

“stations did have capacity closer around to Umhlali. They did have the space to store. They did have ... the stations had the physical capacity in terms of their safes. If you looked at it, they could accommodate more than a tonne”

In September 2020, police stations cited reasons for not accommodating storage, but it was not related specifically to refusing to store exhibits.

“We did this in September 2020, and the reasons they cited ... was not that they would not even give ...”

Before July 30, 2021, there was space to store 540 kilograms of exhibits at Maydon Wharf.

“before July of 2021, before the 30th of July 2021, what it shows is that there was space to store 540 kilograms at Maydon Wharf”

There were exhibits from drug seizures conducted in February and September 2020 still stored at Durban Central SAP and Brighton Beach SAP police stations.

“two police stations that normally assisted with storage, Durban Central SAP and Brighton Beach SAP, still had exhibits from our drug seizures conducted in February 2020 and September 2020 respectively”

The Umhlali seizure in September 2020 involved about a tonne of precursor chemical.

“September 2020. Is that the Umhlali seizure ... what was seized ... estimated maybe a tonne of precursor chemical”

February 2020 seizure involved 547 kilograms of Mandrax at the CHC Depot.

“February 2020 seizure ... that was the CHC Depot, that was 547 kilograms of Mandrax”

Colonel Jacob knew that the 541 kilograms of drugs were still stored at their respective police stations.

“Did you know they were still at those respective police stations ? That is correct”

Colonel Jacob confirmed that seizures of major heroin and cocaine are documented from the period 2020 to October 2025 in a report labeled CJC242.

“this is for from the period 2020 to date”

Colonel Jacob stated that the seizure statistics are public and released after any successful seizure operation.

“these stats are released once we do a seizure or any success”

The document incorrectly stated a 999 kg seizure at Maydon Wharf was at the CHC Depot; Colonel Jacob corrected this saying no 999 kg seizure was at CHC Depot but at Maydon Wharf

“there is no 999 that was seized at CHC ... it was not at the CHC Depot ... as the commander of the unit, I am familiar with my cases”

Colonel Jacob disputed the accuracy of a particular document (at page 570) stating it is misleading and contains incorrect information about heroin and mandrax seizures.

“I am saying that this is incorrect ... I will point out another incorrect statement ... This looks like it may have been compiled by a colleague at my office without consultation”

Colonel Jacob stated he bears no knowledge of the disputed document but has a memory stick with a similar but altered presentation he prepared for SANEB presented in Cape Town.

“I bear no knowledge of this document ... I have done a presentation for SANEB that was presented in Cape Town ... it is somewhat similar, but I see it is chopped and changed”

Colonel Jacob indicated some parts of the seizure presentation were compiled by him, including photos of Durban Harbour, but the full document includes slides he is not familiar with and was not sanctioned by his office.

“the photos in the front and the Durban Harbour and all of that, I compiled as similar presentation ... this was not sanctioned by my office”

Adv Sello SC is trying to prove there was storage capacity in and around Durban for 541 kg of heroin, implying there was no need to move it to Port Shepstone.

“I am looking to prove that there was capacity in and around Durban for 541 kg Heroin. You did not have to go to Port Shepstone”

Colonel Jacob rejected the claim that storage issues justified moving cocaine seizures to Port Shepstone, stating there was storage in and around Durban.

“so you did not talk to Brigadier Nyuswa to find alternative storage capacity because you had exhausted all avenues and there was no storage space in Durban. That is not the case. There was storage in and around Durban. You chose to go elsewhere, to Port Shepstone on the advice of Brigadier Nyuswa”

Colonel Jacob claims that he did not choose the site for the seizure around Durban; rather, he informed Brigadier Nyuswa that all avenues were exhausted.

“It is not a fair summary to say I chose with regards to Port Shepstone. It is a fair summary to say that I told or informed Brigadier Nyuswa that I exhausted all avenues.”

Colonel Jacob denies choosing the seizure location in and around Durban, contradicting Adv Sello's assertion.

“I did not choose to do so.”

General Senona provided the document CJC 242, Annexures 2, to the Commission.

“That document was provided to the Commission by General Senona.”

The document discussed only container seizures and did not include the Umhlali 1 tonne seizure of chemicals.

“...this presentation... highlighted only container seizures... this Umhlali 1 tonne seizure of the chemicals is not in that presentation.”

The Chairperson states it is not credible to suggest there was no space to store 999 kg at Maydon Wharf in June 2021.

“From the fact that the 999 kg could be accommodated, it can never be suggested that there was no space. In June, when they got theirs.”

Colonel Jacob concedes Maydon Wharf was in a position to accept a tonne of chemicals in June 2021.

“There is no way I am going to show you that Maydon Wharf was not in a position to accept a tonne when it did.”

Colonel Jacob admits his assumption that there was no storage space for 551 kilograms in June 2020 was wrong and not based on fact.

“Yes. I do agree with what you are saying. I made an assumption based on my past experience, not based on fact.”

Captain Duma warned or informed Colonel Jacob by 22 June 2021 intelligence of a possible shipment requiring investigation of a container.

“Much as you had received a call from Captain Duma on the 22nd of June 2021, you actually had had a conversation prior thereto... he had warned you... intelligence that there may be a shipment coming with this kind of cargo.”

Colonel Jacob confirms he asked Warrant Officer Mpangase to inform Brigadier Nyuswa about him booking back in.

“You called Warrant Officer Mpangase and asked him to inform Brigadier Nyuswa that you are booking back in.”

Colonel Jacob assumed that the briefing to the Brigadier was a face-to-face meeting at the office, but later learned it was a telephone call.

“When he said he is going to brief the Brigadier, I understood that he was going to meet with him. I subsequently heard that it was a telephone call.”

Colonel Jacob did not instruct Warrant Officer Mpangase to bring evidence bags because he regarded it as part of Mpangase's core duties as a Forensic Pathology Officer (SANE member).

“Somebody with Mpangase's experience, there would have no need for me to inform him of such. Any SANE member knows, or any detective knows, you are going out to a scene, you ought to be prepared for that scene. So, I did not see it fit to tell him, because he was a SANE member. That is a core function of his.”

Colonel Jacob did not ask Warrant Officer Mpangase for evidence bags when they met, despite expecting him to bring them.

“I did not ask him.”

Colonel Jacob admitted he trusted Warrant Officer Mpangase's expertise regarding evidence procedures, which later led to hiccups due to possibly misplaced trust.

“I am saying I tried to make sure that despite our errors initially, that going forward there was no other hiccups. Hence my calls to him.”

Colonel Jacob moved the evidence to Isipingo after realizing the large quantity of bags at face value when opening the container.

“your decision to move to Isipingo. Correct?”

Colonel Jacob did not request evidence bags from Maydon Wharf prior to opening the bags at Isipingo, expecting the bags to be available there but they were not.

“My initial thinking was when we get to Isipingo Station, we will bag it there, because Isipingo ought to have bags. It turns out that they did not.”

Warrant Officer Sander's affidavit confirms that Perumal said he did not have enough members to guard the exhibits.

“Even Warrant Officer Sander confirms in his affidavit... he does make mention that Warrant Officer Perumal indicated to him that he did not have enough members to guard these exhibits.”

Colonel Jacob requested storage space at Isipingo station from Warrant Officer Perumal, who denied him storage space due to lack of space.

“You insist that you requested storage space and he denied you storage space.”

Colonel Jacob disputes claims that he did not have conversations with Warrant Officer Perumal about storage space and only wanted to make an entry in the SAP 13 book.

“I dispute that, Commissioner.”

Colonel Jacob questioned Warrant Officer Perumal's integrity because Perumal did not mention the prior incident concerning Mandrax storage when approached by the investigation team.

“But the fact that he remained silent on that and no aversion has been portrayed to the Commission... I take issue with that.”

Colonel Jacob acknowledges that Warrant Officer Perumal refused storage space at Isipingo due to lack of space, but this reason is irrelevant to why the consignment was not stored there.

“But that is not the reason why your consignment was not stored in Isipingo... he simply refused to take them because he said, I do not have space.”

Colonel Jacob admits he did not call LCRC to the CHC Depot scene nor the Isipingo scene, though protocol requires them to be called for such scenes.

“Yes, that is correct, Commissioner. Yes, I am aware, Commissioner. Yes, I did, Commissioner.”

Colonel Jacob states the reason for not calling LCRC was that they only take fingerprints and photos of the scene, which he did not seem to regard as necessary.

“And I think the reason you gave for that decision was that they will take fingerprints and all you ever get are pictures of the scene.”

Colonel Jacob confirms that in every case of this nature they have had, no fingerprint or DNA results were received from LCRC.

“Out of every single case of this nature that we have had, we have received nothing, as in zero, in terms of fingerprints and DNA.”

Colonel Jacob considers that it depends on the scene whether LCRC should be called, and it's not a blanket requirement.

“I cannot make a blanket statement that we do not require LCRC. Once again, I will say where you have got hidden compartments... that can objectively be linked to that drug and the suspect.”

Adv Baloyi suggests that there is no point in requiring LCRC presence because they never get results, implying the regulation might be pointless.

“You either suggest with your justification as suggesting there is no point in having this requirement for these kinds of seizures... that logical thing must be, well, then there is no point in having this requirement.”

Adv Baloyi argues that the failure to call LCRC undermines Colonel Jacob's justification, as fingerprints and DNA should be obtained to prevent contamination and properly link evidence to suspects.

“So, what you have just said undermines your explanation or your justification why we should make nothing of the fact that you did not call the LCRC because you thought, well, anyway, we never get results.”

There is always a chance that fingerprints or DNA can be retrieved from crime scenes; not getting results is not a satisfactory explanation.

“It can never be a satisfactory explanation... there is always a chance”

Adv Baloyi raises concern that not calling LCRC risks contaminating evidence and denying the chance to properly link material to suspects, emphasizing the importance of the protocol.

“Which is to contaminate those packages or to prevent the LCRC, deny them a chance completely to uplift any material that may ultimately or possibly be linked eventually.”

No fingerprints or DNA were received from the processing of crime scenes involving packaging, tape, and plastic wrapping, despite theoretical expectations.

“We have received nothing... they were not able to uplift any DNA or any fingerprints upon their processing of these crime scenes”

Although sometimes fingerprints and DNA uplifted cannot be matched to suspects if they are not in the system, no fingerprint or DNA was uplifted in these cases.

“We have received nothing, meaning they were not able to uplift any DNA or any fingerprint upon their processing of these crime scenes.”

The LCRC attended to the scene of a 99kg seizure and discharged their duty to uplift DNA and fingerprints.

“When there was that 99kg seizure, LCRC attended to the scene and discharged his duty to uplift any DNA and fingerprints”

The Port of Santos in Brazil is identified as one of the key sources of seized drugs based on presentations and seizures from sea-going vessels.

“... presentation we dealt with by General Senona on seizures from these sea going vessels that the Port of Santos, Brazil, appears to be one of the key sources of these drugs.”

Containers with seized drugs arriving in Johannesburg or Durban are sealed and assumed sealed at point of origin, impairing local fingerprint matching as suspects are outside the local database.

“That container is sealed and it is assumed that it was sealed at point of origin... if LCRC uplifts any prints, they will not be able to match to anyone in our database because these are people out in Brazil.”

Increasing seizures from the Port of Santos and sharing fingerprints and DNA with Brazil empowers efforts to locate consistent perpetrators.

“The more of those fingerprints and DNA we uplift and share with Brazil, the more we empower them that tend to try and locate who may consistently be responsible for these shipments.”

Colonel Jacob describes sharing seizure details by reporting to Interpol and issuing purple notices to international law enforcement agencies, but has never shared DNA or fingerprints.

“We do a report that then goes to Interpol... We have shared that information with Interpol, with international law enforcement agencies... I have never shared DNA or fingerprints, but I will not say it is an exercise in futility.”

According to national prescription and instruction, the LCRC must be present at crime scenes and the decision not to call them is not the prerogative of officers based on past disappointments.

“If the requirements in the national prescripts or National Instruction is that LCRC must be there... then it is not your call to make based on previous disappointment that because they disappointed me in the past, I am going to decide not to call them.”

Colonel Jacob agrees national instructions are binding and any discretion at crime scenes should no longer be exercised to not call LCRC.

“So that discretionary or the discretion that we exercise at these scenes, I think we no longer can call it any discretion that we are exercising. We should not and we will not be doing that.”

Colonel Jacob admits that there was no justification for not calling LCRC to a major seizure in this case, which was against national instructions.

“At the time I thought so, but now I realise there was no justification, Commissioner.”

The decision not to call LCRC to crime scenes, despite national instructions mandating their presence, is made at the discretion of investigating officers, which may be abused for improper reasons.

“Sometimes it lends itself to abuse where maybe members or corrupt members have underhanded or ulterior motives and may not call out LCRC for improper reasons.”

Members took proper photos of seizures, including bagging and sealing, and compiled albums for several cases.

“our members have taken, on these seizures as well, taken photos, proper photos, photos of bagging, sealing, all of that, and compiled an album, even of those 10 cases that General Flynn looked at”

Despite the value of photographs taken by LCRC for reports and legal cases, there is a tendency to disregard their importance if fingerprint results are not forthcoming.

“Somehow you choose to undermine such a key one simply because you, Colonel, Jacob, do not get back results from LCRC... And you appreciate it at the time, but because they do not give you fingerprints, once again you decide that you are not going to waste your time with them.”

There was complacency and old habits among members handling the crime scene, but measures will be taken to improve.

“I think I would say again, that we have been complacent. I think old habits die hard, or our experiences sometimes made us a little complacent. But like I say, it will not happen again. We will call these relevant role players out to do their job.”

Absence of LCRC and their report at the depot meant reliance on verbal accounts rather than photographic evidence for what was found during seizure.

“the absence of the LCRC and therefore the absence of the report that they would have prepared, which would have to told us what was out of the container immediately at the depot, their absence there, in fact, has the consequence that we have your word, and when I say your word, I mean the other police officers as well, only their words about what was found”

No photographs or official records were available from the depot, so what was found relies on the word of police officers.

“there are no photographs, for example, that show – in fact, had the LCRC been there from other evidence, you would have done the count there, you would have done the sealing there, and there would have been photographs of that. So as we sit here, we have only your word and the other officers' as to what, in fact, was found”

No formal records exist for what was found when confiscated at the depot; it is only the officers' word against any other potential claims.

“if the depot manager were to say, or the security guard were to say, in fact, there was much more than this, it would be your word against theirs. We have no record, proper record, official record, of what you, in fact, found when you were at the depot”

Colonel Jacob and Captain KG Sibiya took photos at the scene of the seizure, covering every step from opening the container to cutting the lock and arranging the bags, except for sealing the exhibit bags.

“I can not say, but we took photos of every step of the way from the opening of the container, the cutting of the lock, the bags that were there. Upon reaching Isipingo, laying it out in rows, the only photos that were absent were obviously sealing the mine exhibit bags”

Photos taken by Colonel Jacob and Captain Sibiya were not entered into the investigation diary properly.

“Your file, your seizure does not have the benefit of this report. All it has are random pictures taken by yourself and Captain Sibiya, which are not even entered into the investigation diary”

Seizures of drugs are primarily about recovery and removal from the streets, though there is a zero percent success rate in charging suspects in these cases.

“we have had a zero percent success rate ... the objective of these seizures are ... getting these drugs off the street”

The absence of LCRC involvement was to avoid the formal record as the entire seizure was never meant to formally enter SAPS records except for a cryptic SAPS 13 entry at Isipingo.

“why you did not call LCRC was to avoid this formality that Colonel Sander confronted, because this entire seizure was never really meant to go formally into the records of the SAP, besides a cryptic SAPS 13 entry at Isipingo”

Warrant Officer Mpangase completed the SAP 13 form or logbook related to a case at Isipingo.

“the SAP 13 form or logbook was being completed ... by Warrant Officer Mpangase”

COLONEL JACOB became aware of the contents of the SAP 13 form only subsequent to a theft and while watching the Commission.

“I only became aware of it subsequent to the theft ... while watching the Commission”

Brigadier Nyuswa suggested to COLONEL JACOB that exhibits be stored at Port Shepstone despite it not being a police station but an office.

“Brigadier Nyuswa ... came up with the idea that the exhibits be stored at Port Shepstone ... Port Shepstone was not a police station but an office”

COLONEL JACOB followed what he deemed a lawful instruction from Brigadier Nyuswa to store drugs at Port Shepstone despite not being sure of the facility's suitability.

“I followed an instruction that I deemed lawful ... I complied with that instruction”

COLONEL JACOB did not consider security issues of storing drugs at Port Shepstone nor investigate further despite this being a vault or strong room.

“I did not look further ... I had no knowledge of previous attempted break-ins ... when he described it as a vault or strong room”

COLONEL JACOB complies with instructions from Brigadier Nyuswa to store exhibits at Port Shepstone and relayed the instruction to Warrant Officer Mpangase to ensure compliance.

“I complied with that instruction. I then relayed that instruction to Warrant Officer Mpangase to ensure compliance”

ADV SELLO SC expressed concern about COLONEL JACOB's dismissive attitude towards the importance of secure drug storage and the risk that the drugs may end up on the streets or evidence could be lost.

“I am concerned about the dismissive attitude ... there is risk of losing the evidence ... they will end up upon the streets”

COLONEL JACOB admitted he did not do due diligence on Port Shepstone facility's suitability for storing exhibits despite previous storage of exhibits there.

“I did not do any due diligence from my side ... I was satisfied that if exhibits were kept there previously ... I would have expected that facility to comply”

Colonel Jacob clarifies that moving the exhibits out of Durban was not mandatory and he did not suggest storing exhibits in an unusual or far-out location.

“I was not insinuating that now it must be taken to some far-out location that we have never stored exhibits at before.”

Colonel Jacob states that exhibits were kept in Port Shepstone and that his senior officer arranged necessary precautions including a tracking team and armed escort for the transfer of exhibits to Port Shepstone.

“when he made that statement, do you recall, we kept exhibits from Port Shepstone there... he had arranged a tracking team, an armed escort of tactical members to escort it to Port Shepstone.”

Brigadier Nyuswa, Colonel Jacob's senior, assumed full responsibility for the drugs once he instructed Jacob to move the drugs to Port Shepstone.

“The moment Brigadier Nyuswa, who is your senior, instructed you to move them to Port Shepstone, he assumed full responsibility for those drugs.”

Colonel Jacob denies giving up responsibility for the drugs despite instructions to move them to Port Shepstone and says compliance to a lawful instruction does not equate to surrendering responsibility.

“No, it is not giving up responsibility, Commissioner... It was an instruction from him that I deemed lawful, and I complied with it.”

Warrant Officer Mpangase is identified as the custodian of the exhibits once they were booked out from SAP 13, responsible for signing the exhibits out for analysis.

“...it was Warrant Officer Mpangase that had booked in the exhibits, and then ... he books them out for analysis... the custodian of those exhibits is now Warrant Officer Mpangase.”

Advocate Baloyi challenges why responsibility is attributed to Warrant Officer Mpangase when he acted only on instructions given by Colonel Jacob, questioning inconsistent standards of responsibility.

“You tell Warrant Officer Mpangase they will go to Port Shepstone. He acts on basis of what you tell him. Why do you apply a different standard to him and say... the one who booked it out is responsible when in fact he booked it out because you said so?”

Colonel Jacob relayed the instruction from Brigadier Nyuswa to Warrant Officer Mpangase that the exhibits must be moved to Port Shepstone and armed escort arrangements were made by the Brigadier.

“...the Brigadier has instructed that these exhibits go to Port Shepstone ... The Brigadier has now arranged our tracking team to do an armed escort to Port Shepstone office.”

Colonel Jacob confirms he gave a direct instruction from Brigadier Nyuswa to Warrant Officer Mpangase for the movement of drugs to Port Shepstone, stating he is the Brigadier's subordinate and relayed the instruction accordingly.

“...I am relaying an instruction from my Commander. I am his Commander. It can be seen in that way...”

Colonel Jacob disagrees that Brigadier Nyuswa took the final decision, maintaining it was a direct instruction and that a Brigadier does not take final decisions from subordinates.

“It is unheard of that a Brigadier takes the final decision from a subordinate.”

Colonel Jacob stated that the seal number ALUVINB1034675 was resealed by warehouse staff, not border police.

“I think I put it somewhere in my statement ... one of the staff at the warehouse resealed the container with seal number ALUVINB1034675.”

Colonel Jacob admits breaking the seal numbered H1905754 at CHC Depot and confirms he emptied the container of drugs, took out the bags, and resealed it afterwards.

“You broke that seal at CHC Depot... You emptied the container of the drugs. You took out the bags... Was it sealed thereafter? Yes, it was.”

Colonel Jacob clarified he used the word 'deduced' incorrectly and that the warehouse staff resealed the container in their presence to maintain custody as they had the seal keys, not the border police.

“I deduced that one of the staff at the warehouse resealed the container with seal number ... The DPCI members on the scene did not have any seals with us ... It is for this reason that I - I do know if deduced is not the right word - that one of the staff at the warehouse resealed the container.”

Colonel Jacob cannot recall if the container was resealed after the 1st of July 2021 unpacking and emphasized police had no further interaction with the container after handing it to the clearing agent.

“I actually cannot recall ... the reason for that is when we released the container into the clearing agent's hands ... I cannot say whether it was resealed or not. I am unsure.”

Colonel Jacob stated the container seal was broken on 22 June 2021 and resealed by warehouse staff to ensure it was locked before handing over to clearing agent Megafreight, with no further police interaction thereafter.

“When we did conduct the operation on the 22nd of June 2021, the original seal was broken, a new seal was put in place ... On the 1st of July, upon coming back to do an unpack of that container ... the container itself ... was handed over to the clearing agent from Megafreight.”

Advocate Baloyi challenged Colonel Jacob's assertion that resealing the container after unpacking was of no consequence to police procedure, stating that sealing is critical for verifying custody and police must document and seal containers after interventions.

“But what do you mean you have no interest, whether you seal it or not is irrelevant? ... you take pictures of everything that you do ... that is why you have a record of what was done when we locked it up, and here is the seal number ... That is why you take pictures ...”

Advocate Baloyi SC indicated that if protocol does not require resealing, it should be confirmed and considered for amendment, emphasizing the importance of distinguishing police procedures from general practice.

“If you say the protocol does not require that I seal it back, because it is of no consequence, we look at the protocol ... maybe even comment, finally, whether that protocol needs to be amended or not ... We have to distinguish those protocols required of police officers when they do operations like this.”

Colonel Jacob responded that the clearing agent was satisfied with the unpack, so in his mind there was no need to reseal the container, though he acknowledged hearing the concern.

“He is the clearing agent, he was satisfied with the unpack with all of the occurrences ... in my mind, there was no need, but it seems like we did seal it. But I hear what you are saying.”

When breaking a seal on a container, proper reference or documentation of photos taken is required, and before unpacking contraband, the container must be sealed.

“when you break the seal, yes, the photos issue and all of that, there needs to be proper reference or documentation of photos taken. Also, before an unpack of a container, meaning you have taken out the contraband, you have got the legitimate commodity there, that is a given that you seal that container, before any unpack or anything else happens to that container.”

If a first opening of a container finds no contraband, the container must still be sealed and not simply left open.

“No.”

Warrant Officer Mpangase opened the enquiry file on 22 June 2021 and was the investigating officer for seven days before Colonel Jacob took the file back.

“Warrant Officer Mpangase opened the enquiry file. Correct?...Warrant Officer Mpangase was the investigating officer for all of the seven days before you came back and you took the enquiry file back.”

During a police operation on 1st July, the protocol requires that when opening a container, records must be made including pictures of findings and seals, regardless of the presence of a clearing agent.

“This was a police operation on the 1st of July. It was. When you went and opened there, at least we must assume for now, that you were conducting a police operation on the 1st of July. You got there you instructed that that container be opened in the exercise of police function. That is why it is in your diary, right?...You record what you have done, you take pictures of what you found there, and then you close up and you record the seal number. That is what I am suggesting to you, that you record and you take pictures, including pictures on the number of the seal that you have used to reseal the container, whether or not the agent is there.”

Colonel Jacob admits he did not take statements from Mpangase and Sibiya because the enquiry was more a recovery and seizure matter than a full investigation, with no foreseeable arrest.

“The rest is one quote.”

Colonel Jacob did not take statements from Warrant Officer Mpangase and Warrant Officer Sibiya for purposes of the enquiry, which is unusual since statements were collected from others involved.

“Your statement is there. But it does not appear that you took a statement from Warrant Officer Mpangase and Warrant Officer Sibiya for purposes of the enquiry. Why is that?...You seem to have collected statements from almost everybody except those two. Why is that?”

The enquiry file was registered at Isipingo Police Station by Warrant Officer Mpangase who booked in exhibits and also a DPCI enquiry number.

“We know that at Isipingo Police Station, when Warrant Officer Mpangase booked in the exhibits, he also booked in a DPCI enquiry number, right?”

It is not every member on the field who can register an enquiry; designated personnel at the office with Crime Administration System access hold that power.

“To register an enquiry, there is designated persons at the office, the person that does your CAS, your Crime Administration System. So, they have got the power to register that enquiry. It is not every member that goes to a system that can register an enquiry.”

Often, if on field duty, one phones an office member to register an enquiry to obtain a reference number for investigation.

“Lots of times, if you are on the field, you will phone that member at the office to register an enquiry so that you can have a reference number for your investigation.”

Warrant Officer Mpangase registered the enquiry on 22 June 2021 but the enquiry file appears inactive until Colonel Jacob returned on 29 June and filed his undated statement.

“Officer Mpangase, he is the investigating officer from the 22nd. He opens that enquiry file and absolutely nothing happens in that file until you come back after the 29th of June and then you subsequently file your undated statement.”

Colonel Jacob suggests he likely sent an undated statement by email while on leave and neglected to ensure it was signed and commissioned upon return.

“That statement that is undated and not signed, it is not like me. So, I am thinking maybe while I was on leave, I did a statement and emailed it to him... I probably sent it to him. Maybe he printed it and put it there and I just neglected when I did get the enquiry file to ensure that it was signed and commissioned.”

Colonel Jacob was actively involved in the matter even while on leave, contradicting any impression that Warrant Officer Mpangase was solely responsible during his absence.

“The rest is one quote.”

Colonel Jacob continued to be involved in a drug bust investigation even while he was on leave because he felt it was his duty as a Commander.

“The proposition I am making to you is in fact you never left. You continued to be involved in this matter, even as you were on leave. You continued to be involved. You say you are conscientious because you are conscientious.”

Colonel Jacob states his role as Commander includes guiding members and ensuring tasks are done correctly, and explained that he was only actively involved during the operation days while on leave.

“That is the role of a Commander is to guide your members on the correct way to do things or to ensure that certain things are done. So that is what I did... I enjoyed my vacation leave, came back on the 29th and now I find the situation that they are redistributing it, and this comes to me because I was actively involved in it.”

Mpangase was acting on Colonel Jacob's instructions to get exhibit bags and make entries in the SAPS 13 form during the investigation.

“The facts are Mpangase was acting on your instructions to get exhibit bags, to putting things in an SAPS 13. You were directing him, do this, do that.”

Mpangase was effectively holding fort for Colonel Jacob and taking directions from him while Jacob was on leave.

“My impression is Warrant Officer Mpangase was holding fort for you and taking directions from you while you were on leave.”

Colonel Jacob claims he never knew he was going to take this investigation and that he was caught off guard by Mpangase when he returned from leave.

“And with regards to, I never knew I am going to take this investigation. When I came back, I was caught off guard by Mpangase.”

Mpangase did not want to handle the investigation, and Colonel Jacob did not instruct him to take on the enquiry after returning from leave.

“Mpangase is the one, I did not ask him, I want this investigation. He was the one that did not want to handle it. When I came back from leave, I never issued an instruction that I want this enquiry.”

When Colonel Jacob returned from leave, all the docket and enquiries originally allocated to Mpangase were disseminated to other officers, and Jacob had not issued any instruction to take over specific enquiries.

“All of the dockets and enquiries that were allocated to him were now disseminated to others. So, it was not this specific case. And the reason that this had come to me is generally the norm that where a member is involved in an operation, then you are the IO. Now the three options we had was myself, KG Sibiya, and Mpangase.”

Warrant Officer Mpangase is no longer with the police force.

“I know Warrant Officer Mpangase is no longer with the Force, is that correct? Yes, that is correct.”

Mpangase did not make the actual entries in the SAPS 13 form related to the seized drugs, and Colonel Jacob confirms this.

“You testified... that you did not see when Warrant Officer Mpangase was making the actual entries ... Correct, Commissioner.”

Colonel Jacob knew that the seized drugs were to be immediately booked out in the SAPS 13 because they were going to Port Shepstone.

“You knew at that time that the seized drugs were going to be entered into the SAPS 13 to be booked out immediately, because they were going to Port Shepstone. That much you knew.”

The entry made by Mpangase in booking the drugs out is misleading, falsely stating items were taken for analysis when they were not.

“It is a misleading entry ... Since it says taken for analysis, and we know it was not taken for analysis, it was merely stored at another location.”

The SAPS 13 record should have reflected a transfer to another unit (Port Shepstone), rather than an analysis notation as incorrectly recorded.

“What ought to have happened is an entry that it was being transferred to another unit.”

The SAPS 13 form did not reflect the correct position of the drugs transfer and wrongly suggested they were taken for analysis.

“This SAPS 13 should have recorded the correct position, and not suggest that they are being taken for analysis.”

Colonel Jacob admits that the entry stating drugs were taken for analysis was inaccurate because the lab was not accommodating the drugs at the time and they were stored elsewhere.

“Generally when you book out exhibits straight to the lab ... generally smaller quantities ... This is the relevant entry ... I took myself for analysis to the FSL ... If it was taken for analysis, yes you are correct Commissioner.”

The Protocol 016 dealing with drugs requires correct entries indicating whether items are taken for analysis or merely transferred for storage.

“Entry in accordance with the Protocol, the 016 Protocol dealing with drugs, they are being taken to FSL in their entirety for analysis? That should have been the correct entry.”

Colonel Jacob was aware of the Protocol's requirement to submit all illicit drugs (except cannabis) to FSL for forensic analysis, although there are challenges with the prescribed 7 day submission period.

“I am aware of that, Commissioner”

The Protocol states that all illicit drugs, except visually identifiable cannabis plant material, must be submitted to the Chemistry section of the Forensic Science Laboratory (FSL) for forensic analysis.

“The member from the investigating unit must ensure that all illicit drugs, with the exception of Cannabis plant material, which is visually identifiable, are submitted to the Chemistry section of the Forensic Science Laboratory, FSL”

Colonel Jacob instructed Warrant Officer Mpangase to take samples (shavings) from about 5 drug bricks to send to FSL, which did not comply with the Protocol which requires all illicit drugs to be submitted for forensic analysis.

“When you instructed Warrant Officer Mpangase to take samples or shavings from the bricks to send to FSL, it was not in compliance with what is required here”

Colonel Jacob sought guidance from Colonel Khuwayo on procedure to take samples from drug bricks to send for forensic analysis.

“So when I did call Colonel Khuwayo for guidance, and I would think that was on the 23rd of June, she did guide me on a procedure to take samples”

Colonel Jacob took the step of having Warrant Officer Mpangase take samples from a few bricks to get analysis started rather than waiting for the full exhibits to be sent to the lab, to avoid drugs lying in storage for a lengthy period unnecessarily.

“I did what I did merely to get the ball rolling, merely to show some activity that these drugs are not just going to sit there”

Colonel Jacob explained that the drugs laboratory at FSL Amanzimtot is unable to accommodate whole brick exhibits, which caused difficulties in submitting entire exhibits to the lab at Pretoria.

“I knew these drugs, the lab could not accommodate them, FSL Amanzimtoti. I knew we were having a problem with the FSL at Pretoria because of the Isipingo exhibits that were lying there without being taken”

Colonel Jacob confirmed that he guided Warrant Officer Mpangase on how to take samples based on Colonel Khuwayo's advice.

“I ended up guiding Mpangase how to do so, Commissioner”

Colonel Jacob was unsure if the call to Colonel Khuwayo to ask for guidance was on the 22nd or 23rd of June but leaned towards the 23rd.

“I would think it is the 23rd. I was unsure, 22nd or 23rd”

Colonel Jacob explained that the proper procedure upon receiving drug exhibits at Port Shepstone was to bag them, enter them in the SAP 13 register, and from there they could be booked out and samples taken.

“My understanding with Mpangase is that as soon as they got to Port Shepstone, the exhibits would be put in bags, entered in the 13 at Port Shepstone, SAP 13, and then if they wish to book it out and store it at Port Shepstone, Serious Organized Crime, that was the correct sequence to do things”

Colonel Jacob explained the method of taking samples from the bricks involving opening bags, making incisions on bricks, taking powder samples, resealing and re-bagging exhibits, but noted there was no record of this sampling in SAP 13 at the time he took them to the lab.

“You can open a bag, make an incision on the brick, take out a minute quantity of powder, do that for 5 different bags and 5 different bricks...I was not mindful that there is no record of it anywhere, in any SAP 13...”

Colonel Jacob instructed an investigating officer, Warrant Officer Mpangase, to take samples of suspected cocaine for analysis even while he was on leave, which is unusual because normally being on leave means not being active on duty.

“I thought by that time when I am giving him advice on how to take samples, the exhibits would have been entered in Port Shepstone 13, they had been in bags but it was not the case... my instructions was to him to take it to the FSL, not for me.”

Colonel Jacob acknowledges that his instructions to the investigating officer were given while he was on leave and that this situation does not mean he was not involved or cut off from his duties.

“Being on leave in our job, it accounts for, yes, it means you are not actively on duty, but it is not something that is set in stone that you are on leave now, you cut off all ties with your duties.”

Colonel Jacob admits the handling of the samples by Warrant Officer Mpangase did not reflect the conduct of a seasoned police officer as Mpangase did not follow proper procedures on bagging and the chain of custody of the samples, but this was because he was simply following Jacob's instructions.

“He may not have carried them out diligently, but all he did was obey your instructions and he did not independently do anything that an investigating officer handling a case should have done.”

Advocate Baloyi SC suggests Mpangase’s conduct in handling the samples shows incompetence or deliberate mishandling, whereas Colonel Jacob instructed him to do random sampling of 5 bricks from the 541 suspected cocaine bags for laboratory analysis.

“He is either terribly incompetent or deliberate in how he has done everything that he has touched in this operation... You left it to him to pick, so as far as you are concerned, the sample could have come from the first 5 bags... there was no method that you gave to him, you just said randomly, pick randomly 5 bricks and take a sample.”

Colonel Jacob admits he did not provide scientific or detailed instructions to Mpangase on how to take the samples, only that the samples were to be small quantities from random bricks.

“There is nothing more scientific or in-depth than I told him, that is it, Commissioner.”

Colonel Jacob admits he was not physically present when Mpangase took the samples and does not know exactly how Mpangase executed the sampling.

“You also do not know what exactly he did.”

Warrant Officer Setshedi explained to Colonel Jacob on 27 October 2021 that 7 to 10 bricks of cocaine are required for an analysis report to reference the average weight.

“he explained that he required 7 to 10 bricks of Cocaine to weigh so that the analysis report could reference the average weight”

FS Laboratory (FSL) is responsible for performing analysis on exhibits where the crime scene is a non-clan lab scene, but it does not attend the crime scene or police stations to collect samples, nor does it receive samples from DPCI or other investigating teams for analysis.

“FSL is responsible for performing analysis on the exhibits ... FS L does not attend the crime scene or the police station where the drugs are stored for safekeeping to collect samples, nor does FS L receive samples collected from DPCI or other investigating teams for analysis”

Colonel Jacob states that taking samples for analysis on one's own accord, especially with intent to steal drugs, is not done and is likely to raise suspicion.

“there would be no reason whatsoever, even if I was planning on stealing drugs in a short, in a few months' time, there would be no reason for me to ask a member to take samples for analysis out of my own accord. There is no upside to it, you know. It is not done, so it is going to raise eyebrows”

Colonel Jacob acknowledges that during normal lab duties, the lab only identifies cocaine as the active ingredient but does not provide information on its purity or quality.

“during the normal course of duties, our lab does not give us any indication in terms of purity, in terms of anything distinguishing on Cocaine. When they put it through their machines, all they are checking for is Cocaine, the active ingredient in this”

Colonel Jacob states that hand-picking an analyst is not allowed because it allows investigators to unduly influence the analyst.

“if you hand pick the Analyst, it means, and they said we do not allow that, because then it means investigators can unduly influence the Analyst”

Colonel Jacob says he asked Warrant Officer Setshedi about disposal or destruction of drugs merely to find out if it was possible, not to influence who the analyst was or to make unauthorized decisions.

“when I did ask about disposal, destruction, that is just merely me finding out, is it possible, can it be done? ... I did not even force the issue to find out who is the Analyst, because my engagement was with him. My interest was merely to get these drugs off our hands, either to be disposed of, to be analysed, but to be taken away from our custody”

In inquiries of a rip-off nature, the lab is asked to provide analysis reports as formality though not all exhibits have necessarily been analysed.

“But in inquiries, when there is an inquiry, more especially of this rip-on, rip-off nature, yes, as a formality, we are asking them for an analysis report so that we can tick that box that, yes, we have sent it for analysis.”

The normal lifecycle of drug exhibits involves analysis to confirm they are drugs, filing trial reports, and options for destruction after trial completion.

“You have got exhibits, they need to be analysed, the lab needs to give you a Section 212 analysis report confirming that it is drugs... But once the trial is completed, then you complete this SAP 83 A for them to destroy... That is a SAP 83 A. That is in a normal course of things.”

If an exhibit has not gone for analysis and the case is going nowhere, the SAP 83 A form can be completed and exhibits handed back to the lab for destruction.

“If your exhibits have not gone for analysis, and you have got them lying, or even if they have gone for analysis, but they have not analysed them yet, and then you realise, okay, my case is going nowhere... you can also complete that SAP 83 A at that stage, and hand it to the lab to ask them to destroy those exhibits.”

Colonel Jacob engaged with Warrant Officer Setshedi to enquire about expediting analysis reports and whether there was a place to bring exhibits for destruction, but was told there was no such place.

“I asked him, firstly, because it was sent for analysis, that is why I enquired, can we expedite the analysis report?... can we bring it here for destruction? And they did not have a place. So that is what my engagement with Setshedi was all about.”

Colonel Jacob said he had known Setshedi since he joined the lab and had a working relationship through many clan lab scenes and phone contacts, explaining that inquiries were based on this relationship.

“Warrant Officer Setshedi, I have known him I think since he joined the lab. We have worked on so many clan lab scenes... I have got that relationship . My enquiries were general enquiries.”