Hearing day 120

Brigadier Campbell Msizi Nyuswa was served with a Notice of Precautionary Suspension on 2 June 2026 related to an alleged theft of 541 kilograms of suspected cocaine from the Directorate for Priority Crime Investigation (DPCI) offices in Port Shepstone dating back to 2 June 2021.

“On the 2nd of June 2026, I was served with a Notice of Precautionary Suspension ... My suspension relate to November 2021, the theft of 541 kilograms of suspected Cocaine from the DPCI offices in Port Shepstone.”

The alleged cocaine theft was seized on 2 June 2021 by Lieutenant-Colonel Gavin Jacob's team and relates to allegations of misconduct by Brigadier Nyuswa regarding storing exhibits at the Port Shepstone DPCI office with inadequate security, resulting in theft and disrepute to SAPS involving dishonesty.

“The suspected cocaine was seized on the 2nd June 2021 by Lieutenant-Colonel Gavin Jacob's team. The allegations relate to the Port Shepstone theft. It is alleged that I failed to comply with, or contravened legislation or legal obligations by storing exhibits at the Port Shepstone DPCI offices, which did not have adequate security, resulting in the theft of exhibits and that I acted in a manner which brought the SAPS into disrepute and that there is an element of dishonesty involved in the storing of the exhibits.”

Brigadier Nyuswa joined the South African Police Service (SAPS) in 1987, trained at Hammanskraal police training college, and rose through various roles including Provincial Commander for Serious Organized Crime Investigation (SOCI) in KwaZulu-Natal.

“I joined the Police (SAPS) in 1987 as a trainee at the police training college in Hammanskraal. In December 1987, I was posted to the special guard unit in Port Edward as a Constable. ... I am a Provincial Commander for Serious Organized Crime Investigation (SOCI) of the Directorate for Priority Crime Investigation (DPCI) in KwaZulu Natal.”

Brigadier Nyuswa denies any involvement in the Port Shepstone cocaine theft and had previously submitted three statements in response to notices sent by the Commission.

“I had no involvement in the Port Shepstone theft. I had previously submitted three statements in response to notices sent by the Commission.”

In January 2017, the speaker was seconded to the Crimes Against the State (CATS) Unit at DPCI headquarters reporting to Brigadier Xaba who was the CATS Section Head.

“In January 2017, I was seconded to the Crimes Against the State (CATS) Unit at DPCI head office in Pretoria, reporting to Brigadier Xaba. He was the CATS Section Head”

The Port Shepstone Organized Crime Unit known as Hawks was incorporated into the Port Shepstone DPCI where the speaker was the Unit Commander until 2013.

“Directorate for Priority Crime, DPCI, known as Hawks, the Port Shepstone Organized Crime Unit, where I was the Unit Commander, was incorporated into the Port Shepstone DPCI. I remained the Unit Commander at the Port Shepstone DPCI with the rank of a Lieutenant Colonel until 2013”

In August 2020, Major General Senona was appointed Provincial Head of DPCI KZN, at the same time as the speaker's permanent appointment as Provincial Commander of SOCI.

“Major General Senona was appointed the Provincial Head of DPCI KZN in August 2020, the same month as my permanent appointment as Provincial Commander, SOCI”

General Senona would make decisions without consultation and expected full compliance, even if this impacted the work of section commanders.

“General Senona was not someone who could consult when he made decisions. He will make the decision and expect everyone to fall in line, even if the decision had an impact on the working of your section as a Commander”

General Senona instructed each Provincial Commander to present a workload report including cases and personnel, which took approximately three months.

“When General Senona arrived on the [sic] August 2020, he instructed each Provincial Commander to present a report of their current workload, which included cases the section was currently investigating and personnel. This was a time-consuming exercise which took approximately three months”

There is an incorrect perception that the speaker is General Senona's 'guy'; the speaker denies any dealings with General Senona prior to August 2020 and says their relationship has been strictly professional and hierarchical.

“There is an incorrect perception that I am General Senona's “guy” ... However, I had no dealings with General Senona prior to August 2020. ... When he was appointed the Provincial Head, our relationship was strictly that of a senior and a junior colleague. I had never been to his home, and he has never been to mine. I have never socialized with him outside work”

General Senona moved members around as part of his alignment of the DPCI KZN, including transferring a Colonel from the speaker's section to Priority Crime Specialized Investigation without consulting the speaker.

“One such instance was when he moved members around as part of his alignment of the DPCI KZN. Another example was when he moved a Colonel from my section in 2022 or 2023. This Colonel was appointed as my Section Coordinator... General Senona transferred the Colonel to Priority Crime Specialized Investigation, PCSI, Asset Forfeiture Investigations, AFI. He was moved without consulting me.”

General Senona's moves resulted in the SOCI section having no Colonel and required the speaker to find a new coordinator, ending up with a Lieutenant Colonel who needed training.

“PCSI already had a Colonel in charge of that section, which meant that the section now had two Colonels and I had none. I had to find another coordinator. I ended up with a Lieutenant Colonel who had to be trained for the position”

In 2024, General Senona attended the speaker's father's funeral in KwaZulu-Natal with KZN DPCI management and members.

“In 2024, General Senona attended my father's funeral in KZN, together with KZN DPCI management and members”

General Senona invited the DPCI management to his father's unveiling ceremony in 2021 in Pretoria, which the speaker attended along with Brigadier Kgama and other SAPS members.

“I do recall that he invited the DPCI management to his father's unveiling ceremony in 2021 in Pretoria, which I attended as I was in Gauteng that weekend. Brigadier Kgama also attended the unveiling, as did other SAPS members”

General Senona felt Brigadiers Mbatha and Kgama were undermining him and that the speaker was the more respectful of the three brigadiers, possibly due to the speaker's respect for him and the other two being shortlisted for the provincial head post.

“I got the sense that General Senona felt that Brigadier Mbatha and Kgama were undermining him and that I was the more respectful of the three. I think this is because of the two Brigadiers who were shortlisted for his post”

The three Section Heads were stationed at the provincial office, the head office of the Hawks in KZN, when General Senona was appointed Provincial Head.

“When General Senona was appointed, all three Section Heads were stationed at the provincial office, which is the head office of the Hawks in KZN”

Brigadier Kgama did not attend his farewell function in 2023 due to a possibly strained relationship with General Senona.

“In 2023, when Brigadier Kgama retired, he did not attend his farewell function. And it was said, although I do not know for a fact, that the reason for his non-attendance was the strained relationship with General Senona”

General Senona did not have much regard for the speaker but the speaker was respectful to him as senior.

“General Senona did not have much regard for me, but I was respectful to him as my senior”

The speaker's team base is an office in Durban, Victoria Embankment, although the speaker has other offices throughout KZN.

“I have an office in Durban, but not in the provincial office. It is in Victoria Embankment ... I have got more offices throughout KZN. But there is one office in Durban, in Victoria Embankment”

General Senona felt he could bypass the speaker and give instructions directly to the speaker's members without informing the speaker.

“As the Provincial Head, he felt that he could bypass me and give instructions directly to my members without informing me”

It was not unusual for Provincial Commanders to be based at the provincial office, although the preference is to be based where their team is.

“It was not unusual for the Provincial Commanders to be based at the provincial office, although the preference is to be based where your team is based”

In 2023 and 2024, replacements for retired Provincial Commanders were stationed elsewhere by General Senona, but the speaker remained at the provincial office, which may have created the incorrect impression that the speaker was close to General Senona.

“However, in 2023 and 2024, when the other Brigadiers retired and replaced as Provincial Commanders, General Senona stationed those Provincial Commanders elsewhere and I remained at provincial office. This may have also created the impression that I was close to General Senona”

A prominent businessman from KwaDukuza was kidnapped in September or October 2023, and the investigation was led by Captain Enoch and Lieutenant Colonel Govender.

“In September or October 23, a prominent business man from KwaDukuza was kidnapped. Captain Enoch was the investigating officer and Lieutenant Colonel Govender was the head of the tracing team.”

Following the kidnapping investigation, two Mozambican nationals and a policeman were arrested but the NPA withdrew the case and lodged a complaint about the investigation handling.

“two Mozambican nationals and a policeman were arrested relating to kidnapping. One of the suspects was Mr Nangy. The NPA took the decision to withdraw the case against the suspect and lodged a complaint to the DPCI head office regarding the manner in which the investigation was handled.”

The investigation team on the kidnapping reported directly to General Senona, bypassing usual reporting lines.

“the team was reporting direct to the General Senona”

General Senona, Lieutenant Colonel Govender, and other members were charged with misconduct related to the kidnapping investigation and disciplinary proceedings are ongoing.

“General Senona, Lieutenant Colonel Govender, other members, and I were charged for misconduct, and disciplinary proceedings are not yet finalized.”

Brigadier Nyuswa was charged with misconduct for failing to manage the kidnapping case, leading to its withdrawal by the NPA.

“The misconduct was that we failed to manage the case. As a result, it was withdrawn by the NPA, because the NPA also wrote a letter, a complaint to the head office stating the reason why the matter was withdrawn.”

Serious Organized Crime Section (SOCS) is headed by a Provincial Commander, contains three sections, and handles major investigations against high-profile criminals and syndicates.

“Serious Organized Crime section duties as a Provincial Commander. My duties, amongst others, are to ensure that project and major investigations are conducted by Serious Organize Crime sections against identified individuals, so-called high flyers and criminal groupings and syndicates. The Serious Organized Crime section has three sections, namely Serious Organized Crime units, Crimes against the State (CATS), and the Truth and Reconciliation Section (TRC).”

Lieutenant Colonel Jacob was the SANEB team leader and also led the Economic Protected Resources (EPR) unit at the time of the drug investigation.

“He is now a Unit Commander of the same unit, Durban. Warrant Officer Mpangase informed me he was attending the operation with Lieutenant Colonel Jacob and Warrant Officer Sibiya. Also, Warrant Officer Sibiya is a member of SOCI but at the time, for EPR unit.”

In KwaZulu-Natal (KZN), there are five Serious Organized Crime Investigation (SOCI) units located at Durban, Port Shepstone, Pietermaritzburg, Richards Bay, and Newcastle.

“In KZN there are five SOCI units. There is one in Durban, Port Shepstone, Pietermaritzburg, Richards Bay, and Newcastle.”

Warrant Officer Mpangase from the SANEB section reported involvement in a suspected drug shipping container operation at Isipingo.

“I was on duty when I received a call from Warrant Officer Mpangase from the SANEB section. He reports to Lieutenant Colonel Jacob who was the SANEB team leader at the time. He informed me that he was contacted by Crime Intelligence regarding a suspected drug shipping container at Isipingo.”

Lieutenant Colonel Jacob was a former Directorate of Special Operations (DSO) member and by August 2020 was already working at SANEB.

“In August 2020, Lieutenant Kenneth Jacob was already in SANEB. In fact, he is a former DSO member, and when he came to the police, he was already working at SANEB.”

Colonel Jacob was supposed to report to Colonel Dhlomo, who in turn would report to Brigadier Nyuswa.

“Colonel Jacob is supposed to report to Colonel Dhlomo, and Colonel Dhlomo will in turn report to me. That is the line.”

On 22 June 2021, the SANEB team led by Lieutenant Colonel Jacob found 27 black bags containing suspected cocaine at a container depot in Isipingo.

“Later that morning, I received a call from Lieutenant Colonel Jacob informing me that the team searched a container at Isipingo container depot and found 27 black bags containing bricks suspected to be Cocaine.”

Lieutenant Colonel Jacob encountered a problem when the Isipingo police station would not allow the exhibit to be stored, and after exhausting all avenues, Brigadier Nyuswa contacted the Forensic Science Laboratory to find storage space.

“Lieutenant Colonel Jacob called me and told me the team encountered a problem at Isipingo who would not allow the exhibit to be stored at Isipingo police station . He also told me that he had exhausted all avenues. I told him I will try to find spaces somewhere, and I will call him back. I contacted Brigadier Maluleka and Colonel Khuzwayo of the Forensic Science Laboratory... I asked her if FSL had the space to store the exhibit, and she said they did not.”

Colonel Dhlomo was never consulted during the operational matters of the drug seizure investigation because he was a retiree coming back to work.

“He was at the office, but he was never consulted because I think they felt that he did not know much about the operational matters because he was a retiree coming back to work again.”

For the purposes of the drug investigation operation, Brigadier Nyuswa became effectively the superior officer to whom Colonel Jacob reported, instead of Colonel Dhlomo.

“I admit that, Commissioner.”

At Port Shepstone, the premises used had two strong room safes accessible only with keys; however, there was a security lapse with the alarm not working after loadshedding.

“When I was the Unit Commander at Port Shepstone, the premises had two strong room safes. What made the property attractive for the DPCI was that the landlord informed us those safes could not be breached. They could only be accessed with the key. I was aware of the security lapse at the premises, such as the alarm not working after loadshedding, but my main focus was the safe that could be used since it was very secure and could only be accessed with the key.”

General Senona instructed preparation of a strong room safe at Port Shepstone for storing exhibits and arranged escort from Isipingo to Port Shepstone DPCI, SOCI.

“I called General Senona and informed him of the dilemma and suggested a strong room at Port Shepstone premises. He agreed and instructed me to instruct the Acting Unit Commander at Port Shepstone, Lieutenant Colonel Prinsloo, to prepare the safe for the exhibit... General Senona also instructed me to arrange for the provincial tracking team to escort the investigators from Isipingo to Port Shepstone DPCI, SOCI.”

Hashish compressed dagga was stored in one of the safes until it was disposed of without any problem, and it came from the Durban Organised Crime Unit.

“I was also aware that Hashish compressed dagga was stored in one of the safes until it was disposed of without any problem. Commissioner, I must also mention that this Hashish was from Durban Organize Crime Unit.”

In 2018 all Mandrax tablets were seized at large clandestine laboratories in Harding and stored in the same safe until the exhibits were disposed of without incident.

“In 2018, all Mandrax tablets were seized at large clandestine laboratories in Harding and were stored in the same safe until exhibit were disposed of without incident.”

The chain of custody was compromised because the team left the crime scene without placing the exhibit in the exhibit bag.

“I accept now that once the team left the crime scene without the exhibit being placed in the exhibit bag, the evidence was already compromised.”

Warrant Officer Mpangase informed that Isipingo SAPS did not have exhibit bags and the exhibits were booked out again, which was a concern as it compromised chain of custody but was accepted because Mpangase was with the exhibits throughout.

“He informed me that Isipingo SAPS did not have exhibit bags but that the exhibits were entered into the Isipingo SAPS and booked out again. This was a concern for me because, as an investigator, I knew that the chain of custody must be preserved. However, since I was informed that Warrant Officer Mpangase had remained with the exhibit throughout, the chain of custody was preserved.”

The strong room was locked, and General Senona requested both original and spare keys, which Warrant Officer Mpangase gave to him in the witness's presence.

“The strong room was locked and General Senona asked that both set of keys, original and spare keys, be given to him. Warrant Officer Mpangase gave both set of keys to General Senona in my presence.”

The witness had little involvement in other cases at the time and was working closely with the CATS team during civil unrest investigations in mid-2021, reporting daily progress to General Senona and working closely with the Director of Public Prosecution.

“In July 2021, my vacation leave was cut short by the widespread civil unrest. General Senona informed me that General Lebea wanted me to come back to deal with the civil unrest, which I did, given my experience in CATS. I headed the CATS team tasked with identifying the instigators of crime and working closely with the Director of Public Prosecution office. I would give General Senona a regular progress report... I was working with the CATS team on a daily basis. I had very little involvement in other cases at this time.”

General Senona instructed that Warrant Officer Mpangase would take samples of the exhibit in the strong room.

“General Senona called me and told me to inform Lieutenant Colonel Prinsloo that Warrant Officer Mpangase would be going to the strong room to take samples of the exhibit.”

The head office provided four members from unaffected provinces to assist during the civil unrest cases as those cases were very difficult to solve.

“As a result of these cases, the head office also gave us four members from the provinces which were not affected by this civil unrest...because these cases were very, very, very hard to solve.”

Earlier, the witness was not concerned about the security of the building or safes where exhibits were stored because General Senona had the keys and the safe could not be breached without detection.

“Although I was too concerned, I thought the drugs will be safe because General Senona had the keys, and the safe could not be breached, and certainly not without being detected.”

There was an attempted break-in at Port Shepstone DPCI premises in late October 2021, causing first voiced concern about the safety of the suspected cocaine exhibit in the strong room.

“Sometime late in October 1, while I was on leave, I received a call from Lieutenant Colonel Prinsloo who informed me that there was an attempted break in at Port Shepstone DPCI premises. For the first time, he voiced concern about the safety of the suspected Cocaine exhibit in the strong room.”

There were concerns about the security of the building, including alarm systems, communicated to head office in Durban prior to thefts, which were not initially raised by Lieutenant Colonel Prinsloo.

“There was communication with the head office in Durban regarding the security of the building, alarm systems, and other issues around security prior to thefts, but Lieutenant Colonel Prinsloo did not raise any of those concerns when first contacted.”

The breaches prior to thefts targeted the offices, not the safes, which remain in a very private space only known to DPCI members and employees.

“The breaches that were there were not directed at the safe, were directed at the offices and the safes are in the very private space. Only members of the DPCI and employees will know where the safes are, not any private person. It was out of sight, and is still out of sight.”

General Senona had the keys to the safe and the safe could not be breached without being detected.

“General Senona had the keys, and the safe could not be breached and certainly not without being detected”

There was no alertness or alarm mechanism about the safe that would detect a breach attempt.

“No, there was no alertness. I concede there is an error on my part.”

The state was not renting a space in the building, and the landlord came during working hours to discuss the safes security.

“the state was not renting, and the landlord would come during the working hours, and we will have this talk with him about the safe”

The safes were out of the public eye and only DPCI members and employees knew about them.

“the safes were out of the public eyes, and only DPCI members and employees will know”

If somebody broke into the building, they would have all the time in the world to explore and eventually find the safes.

“if somebody had broken into the building, they would then have all the time in the world to explore the building”

There were two safes next to one another, and it would not be clear which safe contained what.

“there were two safes next to one another”

Lieutenant Jacob was told to speed up the finalisation of the investigation to have the exhibit sent to FSL for destruction but more samples and space were needed at FSL.

“I called Lieutenant Jacob and told him to speed up the finalisation of the investigation in order for the exhibit to be sent to FSL for destruction. If I recall correctly, Lieutenant Colonel Jacob told me that he went to Amanzimtoti FSL but that they needed more samples”

General Senona took issue that Lieutenant Colonel Prinsloo did not mention a meeting during his testimony at the Commission.

“General Senona took issue with the fact that Lieutenant Colonel Prinsloo did not mention this meeting during his testimony at the Commission”

Brigadier Nyuswa visited Port Shepstone DPCI office on 2 November 2021, met with Lieutenant Colonel Prinsloo and Lieutenant Colonel Mjali, and had a brief meeting about CIT (cash in transit) robberies.

“On the 2nd of November 2021, ... At the DPCI offices, I met with Lieutenant Colonel Prinsloo and Lieutenant Colonel Mjali. ... We had a brief meeting. ... there is a meeting called CIT meeting, cash in transit meeting. We invite stakeholders and talk to them”

General Senona suspects a connection between a meeting held few days before a theft and the theft itself.

“General Senona is suggesting that there is some connection to the theft, given that the meeting occurred a few days before the theft”

Vehicles were attacked coming from Kokstad on the road to Port Shepstone, especially in the afternoon, leading to a decreased number of DPCI vehicles in Port Shepstone for a while.

“vehicles were attacked coming from Kokstad on the road to Port Shepstone, especially in the afternoon . And that happened and it really decreased the number of CIT in Port Shepstone for a while”

The scene of the theft was secured, local police and LCRC were called to the crime scene, and Colonel Jaco was informed to proceed since it was his stolen exhibit as the investigating officer.

“I told Lieutenant Colonel Prinsloo to secure the scene , called the local police and LCRC to attend to the crime scene . I called Colonel Jaco and informed him of the theft and I told him to proceed to Port Shepstone since it was his stolen exhibit as the investigating officer”

The Port Shepstone DPCI office was broken into through Warrant Officer BJ Pienaar's office, cocaine exhibits were stolen and the safe door was cut, allegedly by a grinder.

“the Port Shepstone DPCI office has been broken into and entry gained through Warrant Officer BJ Pienaar's office . He said that suspected Cocaine exhibit had been stolen and the safe door had been cut by what looked to be a grinder to gain entry to the safe room”

General Senona instructed the speaker to attend the scene of the theft with him and informed several high-ranking officers about the theft.

“General Senona instructed me to attend to the scene with him . On our arrival at the crime scene , I contacted Brigadier Sibiya, the District Detective Commander , to inform him of the theft . ... I also called the District Commissioner , Major General Nxamangele to the crime scene because the crime happened in her district .”

The speaker was shocked that the safe had been breached and sceptical that it was done by grinding the door because the safe reportedly requires a key to open.

“I was shocked that the safe had been breached but more that , I was sceptical that the safe had been breached by grinding the door . I would have expected the DPCI investigators to have investigated the possibility that the scene was staged and obtain an expert opinion on whether the cuts out that we observed could have indeed resulted in the safe being breached”

Brigadier Nyuswa suspects the safe breach was staged because he believed the strong room could never be accessed without a key.

“I suspected it to be staged because I was under the impression that those strong room can never be accessed without a key”

Brigadier Nyuswa stated that the landlord said the safe could never be breached without a key, which caused his scepticism about the breach by grinding.

“the owner of the , the landlord told us that this safe could never be breached without a key , so that caused my scepticism”

The landlord explained the safe as a state of the art strong room, thus reinforcing the expectation that an expert investigation was needed to prove or disprove the door grinding breach claim.

“He used to say it is a state of art strong room . But then I would have expected that this needed to be investigated further so that what the landlord said can be proved or disapproved”

Brigadier Nyuswa says he is not an expert on safes and suggests experts be consulted to clarify the safe breach method.

“Commissioners , I am not an expert , hence , I am saying if we can get people who are experts in safes , they can clarify that”

Brigadier Sibiya was appointed by General Senona to investigate the theft case initially and he appointed Warrant Officer Jones as investigator. Later the docket was taken from Port Shepstone Detective and assigned to an investigator from DPCI head office, meaning DPCI would be investigating itself.

“The theft docket was given to Brigadier Sibiya because General Senona suggested that General Detective investigate the matter until a final decision is made by senior management . Brigadier Sibiya was the District Commander for Detectives who appointed Sergeant Jones . ... I later learned that Warrant Officer Jones was appointed as the investigator . On the 18th of November 021 , I met the then Deputy National Head of the DPCI , Lieutenant General Mosikile and she informed me that the docket had been taken from the Port Shepstone Detective and that it will be assigned to an investigator from the DPCI head office . This meant that the DPCI head office will be investigating the case .”

General Senona requested that all his subordinates be subjected to a polygraph test, but Brigadier Nyuswa was not aware he was included in such a request.

“General Senona's evidence on the polygraph test is that he requested that all his subordinates be subjected to a polygraph test. You would have been one of those. That is correct. Did you ever become aware that he made that kind of a general request which would have included you? No, Commissioners.”

Brigadier Nyuswa applied for renewal of his top secret security clearance in June 2023 after a theft incident, underwent a polygraph test during the vetting process, passed it, and was issued a new clearance certificate in March 2025.

“My top secret security clearance was due to expire at the end of September 10023. In June 2023, after the theft, I applied for the renewal of my top secret security clearance. The process involved submitting references, bank statement, being interviewed by a vetting officer and undergoing a polygraph test...I passed the polygraph test and I was issued with my new top secret clearance certificate in March 025...”

A complaint regarding Warrant Officer Sander was received and needed investigation; General Lebeya sent the complaint to General Senona instructing him to investigate and report back by 23 February 2024. General Senona assigned Lieutenant Colonel Mjlalito for investigation.

“The complaint was sent to General Lebeya, who sent the email to General Senona with the instruction to reach out to the complainant, investigate the matter and report back on the progress by the 23rd of February 2024. I am aware that General Senona assigned the complaint to Lieutenant Colonel Mjlalito investigate. I will receive progress reports, consider same and submit to General Senona.”

Warrant Officer Sander was moved from SANEB to Supply Chain Management in February 2024 without consulting Brigadier Nyuswa, who was surprised by this action.

“I was present in the meeting when General Senona informed him of the allegations together with other officials. I was on leave at the time and I was not present at that meeting...I was surprised when I returned from the leave to find that Warrant Officer Sander had been moved to Support Services at the provincial office. General Senona did not consult me on this.”

Brigadier Nyuswa was not present when Warrant Officer Sander and others were discussed in a meeting, contrary to Warrant Officer Sander's evidence and diary confirmation.

“I was present in the meeting when General Senona informed him of the allegations together with other officials. I was on leave at the time and I was not present at that meeting. I have been informed by the Commission that Warrant Officer Sander has since looked at his diary entry of the day and confirmed that I was not present at the meeting.”

The complainant about Warrant Officer Sander could not be traced, and despite this, the investigation continued due to the serious nature of the allegations.

“I know that the complainant could not be traced. The investigation continued because these were serious allegations.”

Prior to the February 2024 complaint, a July 2023 complaint was received from the office of the DPCI Judge about a certain Captain formerly with SANEB, relating to white members of the KZN DPCI in SANEB and other units working with drug syndicates. Lieutenant Colonels Jacoba and Dwarika were assigned to investigate but no outcome has been reported.

“Prior to the February 2024 complaint, another complaint was received from the office of the DPCI Judge in July 2023 about a certain Captain who used to work at SANEB, but the name of Warrant Officer Sander was not mentioned. The complaint contained the Captain and the complaint was about white members of the KZN DPCI in SANEB and other units working with drug syndicate. Lieutenant Colonel Jacoba and Lieutenant Colonel Dwarika were assigned to investigate the complaint, but to date there has not been no outcome.”

Brigadier Nyuswa submitted the detailed report with pictures of the complaint to the Commission, confirming the allegations against the officers were substantiated by the report and pictures.

“I must say also I have submitted this report to the Commission. It is a very detailed report with pictures. Yes. That report and pictures, do they bear out the complaint, the allegations against these officers? Yes. That is correct, Commissioner.”

The Captain implicated in complaints was already out of SANEB and was a partner of Warrant Officer Sander while in SANEB.

“The Captain was already out of the SANEB and he was a partner of, while he was in SANEB, was a partner of Warrant Officer Sander.”

The complaint did not directly mention Warrant Officer Sander by name, but he could be indirectly associated with it; his name never mentioned explicitly.

“this latter complaint did not concern Warrant Officer Sander”

Warrant Officer Sander had previously been investigated by the DPCI for drug trafficking.

“some of them , they had previously been investigated by the DPCI for drug trafficking”

In March 2025, an information note was sent to General Lebeya with no report back on the main allegation of serious corruption. During the investigation it was discovered Warrant Officer Sander had not declared his directorship in a shooting club; he received a verbal warning and the matter was closed. No outcome on the allegation of serious corruption has been reported to date.

“In March 2025 , a note was sent to General Lebeya ... it was discovered that Warrant Officer Sander had not declared his directorship ... He received a verbal warning , and the matter was closed . No outcome on ... serious corruption”

General Senona agreed that Warrant Officer Sander could return to SOCI but not to SANEB and ordered Sander to go to EPR, after which Sander was moved from Support Service to EPR.

“General Senona agreed that Warrant Officer Sander could return to SOCI , but not to SANEB . General Senona said Warrant Officer Sander must go to EPR ... Warrant Officer Sander was moved from the Support Service to EPR”

Brigadier Nyuswa denies having anything to do with the Port Shepstone theft and testifies there is credible evidence pointing to another person behind the theft, asserting he has no association with that person.

“I reiterate that I had nothing to do with the Port Shepstone theft . As testified by Warrant Officer Sander and Lieutenant Colonel Jacob , there is credible evidence on the identity as to who is behind the theft . I have no association with that person”

Brigadier Nyuswa as former Unit Commander was confident the Port Shepstone exhibit would be safe in the strong room once General Senona took both keys, as only the Provincial Head had both sets of keys to secure the exhibit.

“as a former Unit Commander , I was confident that the safe could be accessed with the keys ... Once General Senona took both keys , this gave me the further assurance that the exhibit would be safe in the strong room , because the Provincial Head would be the only person with both set of keys to secure the exhibit”

A person who came to Durban office gave information about the theft and was taken to senior officers; DPCI investigators were informed about this person.

“a person came to Durban office and gave information about it , and he was taken to senior officers , and DPCI investigators were told about this person”

On 22 June 2021, Warrant Officer Mpangase contacted Brigadier Nyuswa informing him he was bypassed by his superior and was going to attend an operation accompanied by Lieutenant Colonel Jacob.

“Warrant Officer Mpangase contacts you that morning ... he has bypassed his superior to inform you of the operation ... he tells you he is going with Lieutenant Colonel Jacob”

Brigadier Nyuswa did not give any instruction to Warrant Officer Mpangase or Lieutenant Colonel Jacob on that day; he accepted what they were telling him and waited for the outcome of the investigation.

“I did not give any instructions . I accepted what they were telling me and I was waiting for the outcome of the investigation”

On the day of the seizure, Crime Intelligence wanted Lieutenant Colonel Jacob to handle the matter due to trust issues, and Colonel Mhlongo was acting Unit Commander; Colonel Jacob was called back from leave and authorized to resume duties especially for the operation.

“Crime Intelligence wanted Colonel Jacob to handle thematter because of trust issues . I then authorised Colonel Jacob to resume his duties , especially for the said operation as he was on leave . Colonel Mhlongo was the acting Unit Commander . Colonel Jacob was called back from leave”

Brigadier Nyuswa admits he did not authorize Colonel Jacob to return from leave to attend the operation at Isipingo.

“you do not say here that you authorised Colonel Jacob to come from leave in order to attend to this.”

Brigadier Nyuswa recalls that he was contacted by Warrant Officer Mpangase who reported to Colonel Jacob regarding suspected drugs in a container at Isipingo.

“I was on duty when I received a call from Warrant Officer Mpangase. He reported to Colonel Jacob, who was the SANAB team leader at the time. Warrant Officer Mpangase informed me that he was contacted by Crime Intelligence regarding suspected drugs in a container at Isipingo.”

Brigadier Nyuswa clarifies that Colonel Jacob was on leave at the time and he did not initially consider it in his statement, suggesting an oversight.

“And then, I remember that he was on leave. Because when I submitted my initial statement, that was not in my mind... I think it is an oversight on my side, and I agree I should have informed the Colonel.”

Warrant Officer Mpangase told Brigadier Nyuswa that Crime Intelligence specifically requested Colonel Jacob for this operation.

“Mpangase did tell me that.”

Brigadier Nyuswa explains the preference of operational officers and Crime Intelligence handlers to work with specific people such as Colonel Beukes and Colonel Jacob.

“the Crime Intelligence handlers, as well as the investigators... there is a Colonel Beukes from Crime Intelligence. He will always ask for Carl. And the others, I think it is a trust issue.”

Brigadier Nyuswa did not sign Colonel Jacob's leave form because leave forms are normally signed by the immediate commander, and he only signs for Unit Commanders.

“No, I were not because I did not sign his leave form, the SAP 26. The leave form is normally signed by the immediate commander. At my level, I only sign for the Unit Commanders.”

Brigadier Nyuswa was not aware that Colonel Jacob was on leave until told by Warrant Officer Mpangase.

“I was not aware that Colonel Jacob was on leave until Warrant Officer Mpangase told you.”

Brigadier Nyuswa agrees it was an oversight not to inform the Unit Commander about authorizing Colonel Jacob's return from leave.

“I think it is an oversight on my side, and I agree I should have informed the Colonel.”

Brigadier Nyuswa was told by Warrant Officer Mpangase that he was going with Lieutenant Colonel Jacob on the operation.

“you get told that it is Warrant Officer Mpangase going with Lieutenant Colonel Jacob.”

Brigadier Nyuswa did not investigate why Warrant Officer Sibiya, who lacked drug bust experience, was sent with Lieutenant Colonel Jacob.

“I did not probe it because normally when we attend crime scene, we include many people. Also, people from different sections, also different departments as well.”

Brigadier Nyuswa states that at the time Warrant Officer Sibiya was with EPR and not SANAB, thus they had no concern about his presence.

“I did not see that as a concern to me because he had to learn because now he is with SANAB anyway.”

Brigadier Nyuswa testifies that SANAB deals with drug-related crimes, EPR (Economic Protected Resources) with human trafficking, and NPVC with serious and violent crime cases.

“There is NPVC which deals with serious and violent crime cases. There is SANAB which deals with drugs and there is also EPR.”

Brigadier Nyuswa confirms that the first call he received from Colonel Jacob was early in the morning and that Colonel Jacob was at the crime scene reporting the discovery.

“The first call I received from Colonel Jacob to me, because I was not there, he was at the crime scene reporting the discovery.”

Colonel Jacob told Brigadier Nyuswa he had exhausted all avenues to find storage for the exhibit.

“he tells you that he has exhausted all avenues.”

Colonel Jacob complained to Brigadier Nyuswa that they were not allowed to hand in the exhibit at the Isipingo police station due to safety concerns and lack of storage space.

“that they were not allowing him to hand in the exhibit, because there was safety concern... and also they did not have storage for the amount of exhibit that they were having.”

Brigadier Nyuswa explains that when there is no storage space at a police station, members try to find other spaces and report back to management.

“members will, on their own, try and get spaces, and report back to us, to me, or to the management and say, we could not get the space here, but we put the exhibit here.”

Brigadier Nyuswa contacted FSL after speaking to Colonel Jacob because he wanted them to rescue them and take the exhibits.

“Because I wanted them to rescue us, to take the exhibits.”

Brigadier Nyuswa asserted that Colonel Jacob never told him he had called FSL earlier that day or that he had exhausted all avenues, hence Nyuswa called FSL without knowing this.

“No, if my recollections serve me correct, no.”

Lieutenant Colonel Prinsloo stated he received a call from Brigadier Nyuswa on 22 June 2021 between 10:00 and 11:00 AM informing him that a provincial tracing team had seized a large quantity of drugs (cocaine).

“On 22 June 2021, at between 10.00 and .00 in the morning, I received a telephone call from Brigadier Nyuswa. He informed me that the provincial tracing team had seized a large quantity of drugs, Cocaine, from a container.”

Brigadier Nyuswa asserts that he was called by Colonel Jacob from Isipingo in the afternoon, possibly from 12pm onwards, contradicting the timeline given by Lieutenant Colonel Prinsloo.

“Jacob called me from Isipingo. It was afternoon, maybe from 12 onwards. Hence I am saying this timeline of Colonel Prinsloo is wrong.”

Brigadier Nyuswa disagrees with the timeline given by Lieutenant Colonel Prinsloo and says that Colonel Jacob is not from the tracing team.

“I disagree, Commissioners. I think the timing of, the timeline of Colonel Prinsloo here is wrong. Also, what is also incorrect here, I never communicated that the tracking team, because Jacob is not from the tracking team, tracing team.”

Brigadier Nyuswa says he called FSL in the afternoon after contacting Colonel Jacob and was not aware that Colonel Jacob had also called FSL earlier that day.

“I called FSL in the afternoon.”

Brigadier Nyuswa says he never requested FSL members to assist his members with sampling the exhibits.

“No, Commissioners. I cannot recall that.”

Brigadier Nyuswa says sampling of exhibits by his team was done after the storage of the exhibits at Port Shepstone.

“The sampling, I think it was done after the storage of the exhibit at Port Shepstone.”

Brigadier Nyuswa confirms that on 23 June he was told by General Senona to inform Colonel Prinsloo that Mpangase would be going to the Strong Room to take samples of the exhibits.

“On the 23rd. Yes, the very next day.”

Brigadier Nyuswa concedes that it was not proper procedure to take samples of exhibits at a point when the exhibits were not yet registered in SAP 13 records.

“I concede. That was not proper procedure, what happened here.”

Brigadier Nyuswa agrees that the correct procedure would have been to first book the exhibits into SAP 13 at the Port Shepstone police station before storing them in the DPCI safe.

“Correct, Commissioner. That would be the correct procedure.”

Brigadier Nyuswa accepts that the evidence chain was compromised because exhibits were not placed in bags immediately at the crime scene, but explains that this is a practical reality often due to operational constraints, and asserts that the risks of wrongdoing are minimal when a small, specifically selected, connected team is involved rather than unrelated multiple teams.

“chain of evidence is already compromised when they leave ... Sometimes it is practically not possible ... Most cases, when these incidents are occurring, there is multiple people ... The chances of anyone doing something wrong are very minimal ... except in cases where they are all acting in concert ... You have got a team of specifically selected people ... Two of them say they were selected by the Crime Intelligence Officer ... So your reasoning that it is unlikely that anyone would do anything inappropriate when there are multiple players does not apply in this case ... I concede”

Most incidents involve multiple people, so chances of wrongdoing in handling evidence is minimal unless they all act in concert.

“most cases, when these incidents are occurring, there is multiple people. So the chances of anyone doing something wrong are very minimal. Unless they are all acting in concert, they are all in on it”

Warrant Officer Mpangase always maintains custody of exhibits from the time they are seized at the scene.

“custody is that Mpangase's, Warrant Officer Mpangase's, always with the exhibits from the time that they seize it at the scene”

Evidence is already compromised if exhibits are not put into bags when leaving the crime scene, because the chain of evidence is broken from the crime scene to the police station.

“the chain of evidence is a different issue. That is, the evidence is already compromised when they leave there. Because if they do not put it in bags when they leave at the crime scene, you do not know what is happening from the crime scene to the police station where they are going to enter the exhibits”

Sometimes it is practically not possible to bag exhibits at the crime scene due to lack of evidence bags at the scene, and they only get bags at the police station.

“When you discover the drugs at the crime scene and you do not have evidence back and then when you get to the police station, that is when you get the bags and pack them”

Colonel Jacob, Warrant Officer Mpangase, and Warrant Officer Sibiya are the only three people from the same unit involved in leaving the crime scene with the exhibits.

“we know that we had Colonel Jacob, Mpangase, who we know was specifically requested by the Crime Intelligence Officer , and they rope in Warrant Officer Sibiya. So it is the three of them, all from the same unit”

The team involved in the operation consisted of specifically selected people from the same unit, not multiple unrelated teams.

“you have a team of specifically selected people. You do not have multiple teams that just happen to be on the scene and they are not necessarily friends or in any way associated with each other, other than that they all fall under the umbrella of the SAPS”

Brigadier Nyuswa was not aware that other stakeholders were not involved in the incident.

“I was not aware that the other stakeholders were not involved”

Brigadier Nyuswa accepted that once exhibits leave the crime scene without being placed in exhibit bags, the evidence is already compromised.

“I accept now that once they left the crime scene without exhibits being placed in exhibit bags, the evidence was already compromised”

Colonel Prinsloo instructed to make storage available at their offices and that he would take both sets of safe keys once the exhibits were stored, because the Amanzimtoti Forensic Science Laboratory (FSL) did not have secure storage capacity due to being flooded and dysfunctional.

“He instructed me to make storage available at our offices. He said he would take both sets of the safe keys with him once the exhibits were stored in the safe. He said the exhibits could not be stored at the Amanzimtoti Forensic Science Laboratory as it did not have a secure storage capacity. I knew that the laboratory had been flooded and was dysfunctional”

Brigadier Nyuswa stated he did not know about the security of the Forensic Science Laboratory (FSL) as he was not from there.

“How would I know about the security of the FS L ? I am not from there”

Brigadier Nyuswa doubts the accuracy of Colonel Prinsloo's statement about the storage of exhibits and alleges many incorrect claims were made to the Commission.

“He has said many things that are not correct to the Commission”

Brigadier Nyuswa confirms that he ordered the exhibits to go to Port Shepstone and activated a tracking team on instruction of his superior.

“Yes, on instruction of my boss”

Brigadier Nyuswa denies being present during the formation of a human chain to hand over keys, stating he was drinking coffee and the road layout at Isipingo makes forming a human chain difficult due to traffic flow.

“I was not there when they formed that human chain, because if you know Isipingo, it is a one, that town has got one main road. So when you are in, for you to come out is a mission, because there is a traffic flow. That is what caused us to come very late at Port Shepstone”

Brigadier Nyuswa confirms General Senona told him he must go oversee the operation and that he was on his way to Isipingo police station.

“When General Senona says to you that you must go oversee the operation, you are on your way to Isipingo police station”

The members left Isipingo and were on their way to Port Shepstone when Brigadier Nyuswa and General Senona arrived at Isipingo and phoned the members to say they were already leaving.

“when we were about to enter the police station, we made the call and the members are saying, no, we already left Isipingo ... we are already on our way to Port Shepstone”

Brigadier Nyuswa went to Isipingo with General Senona on instruction but did not know why General Senona wanted to go to Isipingo.

“Yes ... I cannot say, but also I did not question”

Brigadier Nyuswa confirms that he and another senior member of the DPCI went to Isipingo police station before going to Port Shepstone, explaining the delay.

“But we went to Isipingo, Commissioners. That is why we were delayed to get to Port Shepstone.”

According to Brigadier Nyuswa's diary entry and fuel claim, he first went to Isipingo and then detoured to Port Shepstone, which supports his version of events against Prinsloo's different timeline.

“I think I made a diary entry on that day, and if my memory serves me correctly, I even said there that we first went to Isipingo, and then from Isipingo to Port Shepstone. And that diary entry has the calculations of my kilometres, which I submitted at the end of the month of June to claim my fuel that I used on that day.”

Exhibits consisting of 27 black bags of suspected cocaine were already secured in a safe when Brigadier Nyuswa arrived at Port Shepstone.

“The exhibits, being 27 black bags of suspected Cocaine, were already in the safe.”

The bricks of cocaine were likely counted at Isipingo as the black bags were repacked there before transport to Port Shepstone where the bags were simply stored in the strong room.

“I think that counting must have been done at Isipingo.”

Lieutenant-Colonel Prinsloo and Mpangase along with other members were counting the black bags at Port Shepstone, not the individual bricks inside the bags which had been presumably counted at Isipingo.

“And Lieutenant-Colonel Prinsloo and Mpangase and the members were counting these bags, not counting the bricks, counting the bags.”

Brigadier Nyuswa states that normally a report including photographs of exhibits is compiled and submitted via WhatsApp to the police and management groups post-operation.

“Normally, when they submit a report, they will attach photos.”

Brigadier Nyuswa did not recall receiving photographs of the exhibits unpacked at Isipingo prior to arrival at Port Shepstone, but indicates reports with photos are normally submitted afterwards.

“I cannot recall. But the report, there is a WhatsApp report that the members compile for the success. They will attach photos... That did not happen on that day. That happened afterwards. Then next day, later that day?”

Members compile a WhatsApp report for successes or incidences and send it to Brigadier Nyuswa who forwards it to management and then to General Senona.

“The procedure is when there is successes or incidences, you compile a report. And the Unit Commander will send it to me. I will send it to the management group of the DPCI. And the General will read it. If he is happy with it, he will then send it to the DPCI management group.”

Brigadier Nyuswa states the reason exhibits were not put into exhibit bags at Isipingo was due to insufficient supply of exhibit bags at that station.

“The reason was that Isipingo did not have sufficient or exhibit bags.”

Brigadier Nyuswa acknowledges that exhibits were taken out of bags at Isipingo and finger-printed bricks were not known to him at the time of arrival at Port Shepstone.

“At that stage, you did not know that they had already unpacked the drugs. They had piled it up at the Isipingo police station. Fingerprints were on the bricks. None of that you were aware of.”

Brigadier Nyuswa confirms he only learned at Port Shepstone that the exhibits were not sealed in exhibit bags and instructed Mpangase to ensure exhibits were put into exhibit bags and registered into SAP13.

“You only get to know when you are there that they did not put it in the sealed bags. That is why you then give Mpangase that instruction to do it.”

If Brigadier Nyuswa had been aware that the exhibits were not in sealed bags upon arrival, he would have instructed the sourcing of exhibit bags from the nearest police station.

“I would have asked them to go source the exhibit bags from the nearest police station.”

Brigadier Nyuswa and Supply Chain management at the provincial office were actively reporting directly to General Senona about procuring enhanced security measures at Port Shepstone due to existing security issues.

“We were busy with the Supply Chain to get the proper security for the same office... Supply Chain management at provincial office and myself... were reporting directly to General Senona... At Port Shepstone... even before I assumed the position in 2020... there were problems with the security at Port Shepstone.”

Brigadier Nyuswa confirms Supply Chain management reported directly to General Senona and he also reported to General Senona about procuring enhanced security measures at Port Shepstone during the period including 2018 to 2020.

“They were reporting directly to General Senona... During that period, because this date back from 2018, even before I assumed the position in 2020, there were problems with the security at Port Shepstone.”

Brigadier Nyuswa was the main person reporting to General Senona about enhanced security efforts at Port Shepstone, with Captain van Niekerk from Supply Chain Management also involved in reporting.

“nobody...Oh, ja, yes, yes...It was Captain van Niekerk.”

Captain van Niekerk was involved in the procurement process for enhanced security at Port Shepstone before becoming a procurement officer, relying on Colonel Nxumalo of SAPS to check and advise on the application file.

“because at that point Captain van Niekerk was not appointed as a procurement officer, so we relied on the mother board, the SAPS, which was Colonel Nxumalo. So they would poke holes on the file that this and that must be rectified and it would be sent back...”

General Senona was involved in signing off the form 585 for the security application as part of the committee, though Brigadier Nyuswa cannot recall if he actually signed it.

“The 585 form need to be signed...The committee would sit and then we all signed...Yes, he would have signed, but I cannot recall if that happened.”

The application for enhanced security at Port Shepstone is still incomplete and was delayed by lack of financing, but security guards are being appointed and CCTV and biometric entrances are being planned.

“even now we are still in limbo on that...It was not financed because the head office of DPCI Finances said there was no money...And what has happened, the acting National Head advertised the post for security guards for the same office and interviews have been conducted. Those people might be appointed in July or August this year...while we are also doing the CCTV and biometric entrance to the office, which might take some time.”

The security application for enhanced security at Port Shepstone was processed but not financed due to lack of funds at DPCI head office, leading to delays with completion.

“when finally Captain van Niekerk got the authorisation to be a procurement officer, last year we did the application and when everything was done, it was finalised, I think it was February and we submitted the application, but it was not financed because the head office of DPCI Finances said there was no money, and that application is going to be redone this year.”

General Senona could have rejected the suggestion to base the unit at Port Shepstone if he had alternative locations, but Brigadier Nyuswa did not provide any alternative suggestions.

“If he had other alternatives, so we both did not have...No, I hear that. It was because previously you have stored drugs there with no problems...”

Brigadier Nyuswa was aware of the security vulnerabilities at the DPCI office in Port Shepstone and the security application process concerning enhanced security measures, including CCTV and biometric systems.

“he was aware of the security vulnerability of the DPCI office and the fact that there was no active security. He would have been aware of the security applications I referred to above, the latest one being in January 021.”

Brigadier Nyuswa trusted that the drugs stored at Port Shepstone would be safe despite knowledge that storing drugs there was vulnerable and not intended for long term storage.

“I knew about the application and the security, but I trusted that the drugs would be safe there. And it was not the intention that the drugs would stay long.”

Brigadier Nyuswa did not personally inquire from Durban police stations about their capacity to store 540 kilograms of prohibited substances, instead relying on Colonel Jacob who told him he had exhausted all avenues.

“I did not, Commissioners, because already Jacob, Colonel Jacob told me he exhausted all the avenues...I took it when he said he has exhausted all avenues, as an experienced drug investigator.”

Brigadier Nyuswa did not phone Pretoria FSL because it did not come to his mind as they wanted a place to store exhibits now

“It never came into my mind, because we wanted a place where we can store them now.”

Brigadier Nyuswa admits oversight for not checking the storage capacity in Durban when Jacobs said there was no storage in Isipingo

“Commissioner, I will say it is an oversight on my side. I trusted the Colonel, and I did not follow that.”

Brigadier Nyuswa was not involved between June 23 and October about a suspect until informed

“beyond the 23rd of June you did not have any further involvement until in October when you were told about the suspected ?”

Brigadier Nyuswa focused on civil unrest matters in July and thought the IO and provincial head would do the necessary for the investigation

“In July, my whole focus was taken off the normal investigation. Now I had to focus on the civil unrest matters, which kept me busy. And I thought the IO and the provincial head would do the necessary, because they can see how busy I was.”

Brigadier Nyuswa confirms he was the only person told by the landlord that the safe could not be breached except with keys

“I never told anyone this thing.”

Lieutenant Colonel Prinsloo was a Warrant Officer and also a SAP 13 clerk at the premises when Brigadier Nyuswa was Unit Commander

“He was a Warrant Officer. Also at that premises? Yes. ... He was once a SAP 13 clerk for us in the same office.”

Brigadier Nyuswa states that Captain Myburgh and Colonel Nzinga, who have both passed away, were present when he entered the premises with him and Prinsloo

“There was once a Captain Myburgh there and the other one, sadly, she just passed on now, Colonel Nzinga. Because it was three of us when we walk into that place.”

The safe at Port Shepstone was chosen based on the landlord's assurance that the safe could not be breached and that the drugs stored there would be safe

“Landlord. And I though the drugs would be safe there.”

Brigadier Nyuswa confirms that only two sets of keys existed for the safe and denies there was a third set

“No, I do not think so. It is only the two that you are aware of ? I only know about the two.”

General Senona requested both the original and the spare set of keys to the safe, the spare being a safety precaution since a key was not available locally

“The SAP 13 clerk would ordinarily keep the original. What happens with the spare key ? I think it was for safe safety precaution that he does not have a key in Durban and someone also on the other side has got a key.”

As Provincial Commander at Port Shepstone, Brigadier Nyuswa acknowledges that the exhibits were not put in proper exhibit bags, not accounted for, and no SAP13 entry was done on the day in question.

“You can see that no SAP 13 entry is done. You can see that the exhibits are not put in proper exhibit bags and accounted for ... you knew that the prescripts were not being complied with.”

Brigadier Nyuswa admits they took the keys and told members to come back the next day to bag the exhibits properly.

“Hence they were told to come back. Remember we took, the keys were taken. And then the next day they were told to go back and bag the exhibits.”

Adv Khumalo accuses Brigadier Nyuswa of knowing there was no visit to Port Shepstone police station on the day in question and that no one sourced proper exhibit bags before leaving the office, implying negligence.

“You know that nobody has gone to Port Shepstone police station. You know that nobody has sourced the exhibit bags to properly store these exhibits. And you leave the Port Shepstone office with that knowledge ...”

Brigadier Nyuswa accepts oversight responsibility but notes he had a superior with him, implying shared responsibility for the failure to ensure compliance with protocols.

“But I had my superior with me as well, but I guess it is also another oversight on me.”

It is unacceptable for members not to comply with the prescripts on the day; members should have done it then and there, instead of later.

“To say on a later occasion they were told to do it, to me it is not acceptable. Because if they were supposed to do that, they should have done it on the day.”

Brigadier Nyuswa admits that the exhibits were not properly bagged by members on the day in question.

“It was not done, Commissioner.”

Keys for Port Shepstone DPCI were held at Port Shepstone and not by the exhibits clerk, contrary to protocol.

“No, the keys for Port Shepstone DPCI would be held at Port Shepstone ... So this is another area of non compliance with how things should have been done, that the keys did not remain with the exhibits clerk at Port Shepstone DPCI.”

DPCI appears to take no action when prescripts are disregarded and there is delay of five years before action is taken against Brigadier Nyuswa for his part in the failure to properly handle exhibits in 2021.

“It seems like DPCI does not take action when prescripts are disregarded and people do not do what they are supposed to do ... it bothers me that it is five years later and only now they appear to be taking action.”

General Senona took the keys and effectively became the exhibits clerk, replacing the usual exhibits clerk at Port Shepstone DPCI.

“And so by taking the keys, General Senona effectively became the exhibits clerk, too, took the place of the exhibits clerk? Yes.”

General Senona instructed Lieutenant Colonel Prinsloo to increase patrols and visit the office regularly for security after the exhibits were packed and left.

“General Senona told Lieutenant Colonel Prinsloo that they must increase patrol and visit the office regularly.”

There is a requirement, per a standing order (though the exact name is not recalled), for police officers to check the premises security, perimeter, windows, and doors regularly and to make an occurrence book (OB) entry.

“It is a requirement, because when you come to the office, you have got to check the perimeters, check the building, if everything is okay, you will make an OB entry, and then you leave.”

Lieutenant Colonel Prinsloo was the Unit Commander responsible for command and control and discipline in these matters.

“Colonel Prinsloo ... because also, when you discipline people, it is a line function ...”

If there is no OB entry or visit/check done as required, the Unit Commander is responsible and must take action.

“The Unit Commander, because his function is command and control of the unit. He needs to take actions.”

The acting Unit Commander at the time was Colonel Dlomo, who did not know anything about the operation; Brigadier Nyuswa states he knew about it and was responsible.

“The acting. Dlomo? Yes. But Dlomo did not know anything about this operation. You knew about this operation. So the buck would stop with you.”

Disciplining Warrant Officer Mpangase for not ensuring exhibits were bagged was the Unit Commander's responsibility, not Brigadier Nyuswa's.

“You, as a line officer, can discipline Warrant Officer Mpangase for not ensuring that the exhibits were in exhibit bags. It is a question ... It has to be done by the Unit Commander.”

Brigadier Nyuswa agrees he was responsible to take action once he saw Warrant Officer Mpangase did not ensure exhibits were bagged at Port Shepstone.

“So you were responsible to take action once you saw that Mpangase did not ensure that the exhibits are in exhibit bags when they were left at Port Shepstone. Yes.”

Brigadier Nyuswa approved signing on Warrant Officer Mpangase's colleague, Colonel Jacob, to duty following a request from Crime Intelligence, despite Colonel Jacob being on leave and not personally signed on.

“We know that from his evidence ... that he was effectively signed on duty by Warrant Officer Mpangase because you did not speak to him ... He is on leave. You and him say Mpangase called you ... you approved it. So you signed him on to duty.”

Colonel Jacob did not work the whole day at Port Shepstone and stayed only for a few hours without signing in or reporting for duty properly.

“to Port Shepstone, he was not there. I was told that he did not go to Port Shepstone”

Members can be called to come on duty even if they are on leave, but once signed in, they must be present for the whole day; Colonel Jacob did not comply with this procedure.

“members can be called into come on duty, even though they are on leave. But once they have signed in, they are in for the whole day. They have reported for duty that day. That does not seem to have happened here.”

There is no SAPS record that Colonel Jacob came on duty on 22nd June other than the verbal authority from Brigadier Nyuswa.

“So there is no record in SAPS that he came on duty that day other than you.”

Colonel Jacob did not sign his diary or notify Brigadier Nyuswa when leaving Port Shepstone, which is irregular and not in line with protocols for coming on duty.

“He should have signed his diary, and also, when he was leaving, he was supposed to have told me. But I only found out when I was at Port Shepstone that he was not there.”

As superior, Brigadier Nyuswa failed to ensure proper authorization and record keeping for Colonel Jacob coming on duty, which raises suspicion and concern about legitimacy.

“there is some concern and suspicion, as you probably have heard from all the evidence and how we have engaged with witnesses about, in fact, what was going on here. Was this a legitimate operation? ... you, as a superior you do not see to ensure that he has complied ... there is no record of it.”

Colonel Jacob, a Lieutenant-Colonel and very senior officer, knew he had to book himself on duty and there should be an official entry made; this did not happen.

“He is a Lieutenant-Colonel, a very senior person. He knows himself what to do. ... he should also be a responsible senior officer, knowing that when he comes on duty, books himself on duty, there is also an OB entry that is made in the office.”

Brigadier Nyuswa accepts the criticism that as superior officer he failed to ensure proper record keeping and authorization for Colonel Jacob's duty attendance.

“I accept.”

In October 2021, Lieutenant Colonel Prinsloo reported an attempted break-in at the Port Shepstone premises where exhibits were kept.

“Lieutenant Colonel Prinsloo calls you about an attempted break-in at the premises. ... It was in October. ... there has been an attempted break-in into the office, and he started to have concern about the exhibits.”

The attempted break-in targeted the offices where exhibits were kept, not the strong rooms or storerooms.

“No, it was directed at the offices, not at the place where the store rooms were.”

The attempted break-in was unsuccessful; the suspects did not enter the premises, but the window was broken.

“As far as I know, they did not enter the premises. ... I think the window was broken.”

When the theft occurred in November, access to the premises was gained through Warrant Officer Pienaar's office.

“We know that when the theft occurred in November, access was gained through Warrant Officer Pienaar's office, correct?”

When the attempted break-in was reported, Brigadier Nyuswa was on leave and did not go to the premises afterwards.

“I was on leave when the call was made to me.”

Brigadier Nyuswa called Colonel Jacob to speed up the investigation and to finalize and move the exhibits from Port Shepstone for destruction after the attempted break-in.

“I called Jacob. I relayed the message. I told Jacob there has been an attempted break-in, that he must speed up the investigation, meaning that he must finalise and get the exhibit out of Port Shepstone for destruction.”

General Senona instructed Brigadier Nyuswa to tell Colonel Prinsloo that Mpangase would go to the premises to take samples, implying Mpangase did not approach Brigadier Nyuswa directly.

“He instructed you to call Colonel Prinsloo and tell him that Mpangase was going to go there to take samples. ... So from that, it means Mpangase did not come to you to say I need to go and take samples.”

Brigadier Nyuswa was reporting daily to General Senona about the Civil Rights matters and results expected in the country.

“I was reporting to him every day of what was going on in the Civil Rights matters, and the country was waiting for us to bring results, which we did at the end of the day.”

General Senona became the last person with authority over the drugs investigation and what gets done with the exhibits because he had the keys.

“That things turned in such a way that General Senona became the last person with a say-so over all of this transaction of the drugs, the investigation, what gets to be done. ...”

Colonel Prinsloo dealt directly with General Senona, and Brigadier Nyuswa had no role in those communications or decisions.

“He dealt directly with General Senona. ... And you had no role to play there.”

Brigadier Nyuswa states he had no authority related to the exhibits and the investigation after a certain point.

“Absolutely none, Commissioners.”

Brigadier Nyuswa reported an attempted break-in to General Senona, who is the Provincial Head.

“I did report to him.”

General Senona's statement about the theft investigation does not mention being informed about the attempted break-in.

“He does not mention that you had informed him about the attempted break-in in October 2021.”

Brigadier Nyuswa informed General Senona about the attempted break-in and that he told Jacob to speed up the investigation.

“I informed him and I told him what I told Jacob.”

General Senona accepted Brigadier Nyuswa's explanation about informing Jacob to speed up the investigation.

“He accepted that.”

Brigadier Nyuswa reported the attempted break-in to General Senona because he needed to know about the security breaches in the DPCI offices.

“He is a Provincial Head and he needs to know of the security breaches in the DPCI offices.”

Brigadier Nyuswa did not ask General Senona for direction on how to handle the attempted break-in report, only informed him of the situation.

“No, I did not ask him.”

Brigadier Nyuswa expected that General Senona would assist by using his seniority to get the exhibit out of Port Shepstone, but did not ask him directly.

“In my mind, I thought maybe he will make some attempts to also assist to get the exhibit out of Port Shepstone.”

Brigadier Nyuswa believes General Senona should have assisted him when informed about the security breach, despite Nyuswa not asking for help.

“But as my superior, I would think that when something like this is reported to him, he should assist.”

Brigadier Nyuswa acknowledges that he did not ask General Senona directly for direction or intervention after reporting the break-in.

“Yes, I did not ask for direction.”

General Senona told Brigadier Nyuswa that FSL (Forensic Science Laboratory) needed additional samples for analysis because earlier samples were flooded.

“Apparently, the samples that were forwarded earlier on, I think they were flooded, but I also think the FSL should have told us using good time, so that that exercise can be done speedily.”

Brigadier Nyuswa did not disclose the landlord's information about the safe being only accessible with keys during the theft investigation because he was shocked and unsure of its correctness.

“I never disclosed that, and you know, I was also shocked whether the information I had was correct or not.”

The DPCI investigators never sat down with Brigadier Nyuswa, only came with questions after he gave his statement.

“The only time they would come, like, I gave the statement, and then they came with a set of questions”