Hearing day 95

Brigadier Nkwashu was promoted through various ranks from 2000 to 2018 and held positions in vehicle crime investigation and as a station commander.

“when I was promoted, ja, 2002 when I was promoted to be a Captain...then in 2005, to be a Superintendent...then I was again promoted to Senior Superintendent...moved to Vereeniging Vehicle Crime Investigation Unit as a Commander...in 2012 I was working as a Detective Head and as, with the rank of Colonel...appointed as a Station Commander...promoted to the rank of Brigadier...Station Commander at Atteridgeville SAPS”

Brigadier Nkwashu gave an affidavit voluntarily in response to summons to appear at the Judicial Commission of Inquiry regarding allegations of interference in the bail proceedings of Michael Pule Tau, demand for the Armand Swart murder docket, and relationship with Katiso Molefe.

“I make this affidavit voluntarily in response to the summons/subpoena...directing me to appear... in relation to my attempts to interfere the bail proceedings of Michael Pule Tau. The second one was my demand for the Armand Swart murder docket, and my relationship or connection with Katiso Molefe...”

Between 2018 and 2022 Brigadier Nkwashu was appointed District Commissioner temporarily and from 2022 he was transferred to Vereeniging as Deputy District Commissioner where he is currently serving.

“between 2018 and 2022, wherein between I was appointed...to be District Commissioner a few occasions. From 2022, I was then transferred to Vereeniging...and appointed as Deputy District Commissioner and, which is where I am currently serving.”

Brigadier Nkwashu explains that Fundiswa Nyangule is the customary wife of Katiso Molefe and that Fundiswa became like a babysister to him due to family ties and customs.

“I will then first explain my first relationship with Fundiswa Nyangule, the customary wife of Katiso Molefe...all my subsequent interactions with Katiso, including the events that gave rise to the allegation of bail interference, flow directly from that family bond that I had with Fundiswa...Fundiswa became like a baby sister to me.”

Brigadier Nkwashu states his actions regarding demand for Armand Swart docket were pursuant to lawful instruction from the Provincial Commissioner and he denies any improper conduct.

“I will...show that my actions were pursuant to lawful instruction from the Provincial Commissioner...There was no improper conduct on my part.”

Chairperson clarifies the meaning of 'customary wife' distinct from cohabiting partners without formal marriage bond under vernacular practice.

“some people usually use that term, customary wife or customary husband, to refer to what I would loosely call vernacular or people who are cohabiting with no formal marriage bond, which is different from a customary marriage...and the spouses in a customary marriage, which is not the same thing as...vernacular people that are cohabiting.”

Brigadier Nkwashu details how Fundiswa became part of his family through a relationship with his wife's younger brother Sazi, who paid lobola for Fundiswa and lived close to their family.

“My wife had a younger brother named Sazi...Sazi lived with my wife and myself...During that time, he met Fundiswa...They developed a romantic relationship...Sazi found work at the Police...and he managed to buy his own house, and thereafter...he paid lobola for Fundiswa. They lived in a house close to ours, and spent much time with our family over the years. Fundiswa became like a baby sister to me.”

Brigadier Nkwashu confirms that Fundiswa and Katiso Molefe were married in accordance with customary law.

“they were married in accordance to customary law.”

Sazi came to Johannesburg in the late 1990s or early 2000s; lobola for Fundiswa was paid in 1999; they bought their own house about a year later and stayed there.

“Sazi came to Johannesburg in the late, in the early 90’s, ja...in 1999 we paid lobola for Fundiswa...and then I think a year down the line, they bought their own house, and they stayed in their own house.”

Two days after Sazi was shot and died, Fundiswa's mother also died.

“two days later, after he got shot, Fundiswa's mother also died”

Sazi and Fundiswa had just finalized their lobola negotiations and were preparing for a civil union at the time of Sazi's death.

“at the time of this death, Sazi and Fundiswa had just finalized their lobola negotiations, and we were preparing for a civil union”

The lobola negotiations involved other family members beyond just Brigadier Nkwashu and his wife’s family unit, including an uncle who does not stay with them.

“There is an uncle who is not staying with us...there were others.”

Sazi passed away on 14 May 2000, not 14 May 2002 as initially printed, and was tragically shot.

“I think that there was a printing error ... on or about 14 May 2002, Sazi passed away. In actual fact, he passed away on 14 May 000. Tragically, he got shot”

In Mpondo or Xhosa tradition, the ingxotha ceremony is pivotal for the sending off of the married girl to join her new family, involving irreversible obligations for the husband’s family.

“In the Mpondo or Xhosa tradition, the ingxotha ceremony ... which means the sending off of the married girl ... Her ancestral protection and daily life now belong to her husband's lineage”

Because of the ingxotha ritual, the bride's integration into the husband's family is complete and irreversible under Mpondo customary law, creating obligations even after the husband's death.

“Because of ingxotha, the bride's integration into the husband's family is complete and irreversible ... Custom demanded that I protect and support her as if she were my own blood sister ... The ritual had already taken place when Sazi died ... ingxotha is not dissolved by death”

The speaker became the de facto head of Sazi’s family unit after his death due to customary law obligations.

“I became de facto head of that family unit”

Sazi had an older brother who was not the breadwinner as he was unemployed, so the speaker fulfilled that role.

“Sazi had an elder brother who was staying in KZN and me, actually, I would say I was a breadwinner . . . his biological older brother was a person who was not working”

After approximately a year of mourning following Sazi’s death, the family told Fundiswa she was free to remarry and enter into another relationship if she wished.

“After about a year of Sazi's passing, the family ... decided that we inform her that ... she was free then to enter into any other relationship and remarry again if she wished to”

Fundiswa’s entire family passed on, leaving her as the only survivor in that family.

“Fundiswa's entire family passed on, leaving us with her as the only survivor in that family”

Customary law required protecting and supporting Fundiswa as if she were the speaker’s own blood sister, including facilitating her remarriage if she chose.

“Customary law therefore required me to treat Fundiswa as my own blood sister ... I had to protect and support her, including facilitating her remarriage if she chose to”

Fundiswa met a man she wanted to marry years later; a customary marriage took place in 2021 after lobola was paid.

“Fundiswa came to tell us in 005 that this guy whom she met wanted to marry her and then in 2021 the guy paid lobola and married her”

After the customary marriage, Brigadier Nkhwashu accepted the new husband as his brother-in-law, reflecting customary family acceptance.

“I accept him as my sister's husband just as I would accept any brother-in-law”

Brigadier Nkhwashu left the meeting when Fundiswa insisted on marrying the already married man, disapproving the marriage.

“I decided I was not happy to hear that he is a married guy and I said to her ... Then I left the meeting at that and she decided to continue on her own”

Brigadier Nkhwashu did not know if it was a polygamous marriage, only knew the man was married and did not approve.

“No, I had no idea ... I do not recommend you marrying a married guy”

Brigadier Nkhwashu was angry and did not approve of the man Fundiswa wanted to marry because he discovered the man was already married.

“I was angry rather because she told us that this guy is a married guy ... I said to her, you cannot marry a married guy”

The customary marriage between Fundiswa and the man took place because lobola negotiations occurred, lobola was paid, and rituals of customary marriage were engaged in.

“I called it like that because I learned afterwards that that event took place”

Brigadier Nkhwashu's relationship with Fundiswa is a traditional family bond related to Mpondo custom and is not based on any improper association.

“My relationship with Fundiswa is not based on any improper association . It is a traditional family bond related to Mpondo custom and in the ordinary human ties of care for a woman who become my sister through marriage”

Any assistance B R I G A D I E R N K H W A S H U gave to Fundiswa or her husband, including lending a vehicle, helping deliver clothes to her husband in prison, or meeting with Katiso, was done out of customary duty and family bond.

“Any assistance I gave to her or her husband must be understood in that light. Further to this, Fundiswa's entire family passed on . . . I lent her a vehicle, helped her deliver clothes to her husband in prison or meeting with Katiso”

Brigadier Nkhwashu met with Katiso towards the end of June 2024 after Fundiswa requested a meeting.

“My meetings with Katiso started towards the end of June 2024... Fundiswa gave me a call and requested a meeting with me and we made arrangements to meet and we finally met in Alberton in a restaurant.”

Fundiswa needed to conclude her family's estate as all her family died.

“She informed me that amongst others, the reason she needed to see me was because she needed to conclude her family's estate as I alluded earlier on that all her family died”

Brigadier Nkhwashu gave Fundiswa guidance on dealing with the estate and recommended visiting the Master of High Court and getting a lawyer.

“I gave her guidance on how to deal with the estate with my little knowledge that she must visit the Master of High Court and where she is experiencing challenges, she must just get the services of a lawyer who will assist her further”

The meeting arranged between Brigadier Nkhwashu and Katiso in Alberton at the end of June 2024 was arranged by Fundiswa to facilitate introduction.

“Indeed, a meeting was arranged between Katiso and myself... It was arranged by Fundiswa, because she has the one who requested me to meet the husband and telling me that the husband wanted to meet me also... Fundiswa was there to introduce the husband...”

Brigadier Nkhwashu had never met Katiso before June 2024 meeting and it was their first encounter.

“I have never met him before”

Fundiswa was unhappy that Brigadier Nkhwashu had never met her husband Katiso because of loyalty to Sazi and because he was angry at her marrying a married man.

“Fundiswa stated that she is not happy that I had never met her husband Katiso as she has a relationship with me and she would like me to meet her husband and I had my personal reasons, among others being my loyalty to Sazi, and the earlier reasons that I stated that I was angry for her to go marry a married man”

Brigadier Nkhwashu and Katiso discussed general personal circumstances and Katiso mentioned involvement in various business interests including security sector, and suggested potential employment after Brigadier's retirement from SAPS.

“When I met Katiso, we conversed generally about our respective personal circumstances... He mentioned that he was involved in various business interests, including the security sector... He indicated that I was approaching retirement from the SAPS... he will want security forces to come and work there, so should I be interested when I retire I can just go into work with him in that space with my experience as a police officer... I accepted and then I said no, I will be interested, but we will talk, because there are processes to undergo.”

Brigadier Nkhwashu parted ways with his wife in 2014 and she was not present at the meeting with Fundiswa and Katiso.

“I never, or rather we parted ways with my wife... I think it was in 2014... my wife was not there”

Meeting in Alberton attended by four people: Brigadier Nkhwashu, Fundiswa, Brigadier's 17-year-old nephew, and Fundiswa's husband Katiso, who was introduced then Fundiswa left them alone.

“In that meeting it was the only four of us and Fundiswa came with my nephew and then she introduced us and then after introducing us she left us, she left the two of us to talk man to man.”

Despite separation from his wife, Fundiswa remained a part of Brigadier Nkhwashu's family.

“But then Fundiswa remained a part of your family... yes”

Brigadier Nkhwashu was approached at the meeting end about a friend of Katiso who had been arrested and needed to know if state would oppose bail; Brigadier refused to discuss work related cases with Katiso.

“Katiso who I am now knowing as my brother-in-law, now calling him Boet K, he told me that a friend of his had been arrested and he needed to know if the state will oppose bail as he wanted to pay the bail money for his friend... I just stopped him and say 'Swear, me I do not talk work related cases with anyone, not even my wife... '”

Brigadier Nkhwashu stated that he does not talk about cases he is involved with to anyone outside of his workplace and not even his wife.

“I do not talk cases that I am involved with, with any other person except... not even my wife... at my workplace... We do not talk about my work.”

Brigadier Nkhwashu denied discussing the arrested friend case with Katiso as it involved his own case and he considered it improper to talk about it.

“I was not thinking of anything big, but I was just thinking that... if you are coming to talk about the case that I am involved... where your friend was arrested and was arrested by me and you need some bail, I do not talk about that.”

Brigadier Nkhwashu discussed a social gathering with police officers including Sergeant Lebogang Tshukudu, where they talked about escorting suspects, including a police officer suspect named Michael Pule Tau.

“After that meeting, Fundiswa contacted me to enquire how the meeting had gone. I informed her ... The gathering was attended mainly by the police officers ... including Sergeant Lebogang Tshukudu ... Tshukudu and I have been friends since around 2017 ... During the stock fair, Sergeant Tshukudu and the colleagues mentioned that they were ... escorting suspects ... Amongst the suspects that they were escorting, there was a police officer suspect ... Michael Pule Tau”

Brigadier Nkhwashu made a connection that the bail application discussed was related to Michael Pule Tau, due to a request involving his brother-in-law Katiso seeking assistance with the bail of a friend.

“As the conversation went on, it triggered my mind that they are talking about the case that my brother-in-law, Katiso, was intending to lure me to assist him in the bail of this particular person ... this Pule Tau was going for bail application ... I put the puzzle together that this is where Katiso was coming to”

Brigadier Nkhwashu acknowledges he mentioned his conversation with Katiso to Tshukudu in a social gathering, emphasizing it was a general comment and he does not discuss work with strangers.

“I acknowledge that I mentioned my conversation with Katiso to Tshukudu in a social gathering ... I do not discuss work with people that I do not know ... The person that I have just met now then is talking about cases and that is unethical for me ... I dismissed him”

Brigadier Nkhwashu states he never asked Sergeant Tshukudu to approach Witness B or convey any message about Tau's bail application and denies improper interference in the bail proceedings of Tau.

“I never asked Tshukudu to do so ... I never asked Tshukudu to convey any message to Witness B ... I deny that I attempted to interfere improperly in the bail proceedings of Tau ... I specifically deny that I instructed or requested or authorized Sergeant Tshukudu to contact Witness B or any other person regarding Tau's bail ... I did not ask Tshukudu to find out whether the state will oppose bail ... I did not ask him to plead for bail ... I did not ask him to pass any thank you message to Witness B after Tau was granted bail”

Brigadier Nkhwashu says it would be unusual and improper for him to send a sergeant to another sergeant to request bail assistance, given his 26 years as a detective investigating officer and commander.

“I have had 26 years as a Detective Investigating Officer and a Commander, not to know how bail is granted ... I would not have sent a Sergeant to go and talk to a Sergeant to request for bail or ask anything about a case or bail ... I find it very sinister that I will send, at my level, a Sergeant to go and talk to another Sergeant looking for a bail ...”

Brigadier Nkwashu states he did not know Sergeant Tshukudu's awareness of Katiso Molefe before their discussion.

“Commissioner Khumalo, I would not know. I would not know, but I really do not know.”

Brigadier Nkwashu denies knowing Officer Tau prior to media exposure during the proceedings.

“I never knew Officer Tau, and I do not know Officer Tau. I have never seen him until this media flagged his photos during these proceedings.”

Brigadier Nkwashu clarifies he did not mention Katiso's name in a conversation with other police officers trying to discuss a case.

“I did not mention Katiso's name.”

Brigadier Nkwashu claims he would never risk his 39-year career and freedom for a man he just met the day before who was married to his sister-in-law.

“I would never put my 39-year career and my freedom at risk for a man I just met, I mean just yesterday, who was married to my sister-in-law.”

Brigadier Nkwashu affirms he did not know the Investigating Officer until the date of the proceedings and has never met or seen her.

“I do not know the investigating officer. I have never met her. I have never seen her.”

The Provincial Commissioner of Gauteng referred to is Lieutenant General Mthombeni.

“The Provincial Commissioner of Gauteng is none other than Lieutenant General Mthombeni.”

Brigadier Nkwashu coordinated obtaining dockets from Detective Commanders after receiving instructions, except for two dockets one of which was with the Director of Public Prosecution (DPP).

“I received all the dockets but two. I thereafter enquired about the dockets. Immediately thereafter, I received a call from Witness B ... stating that she was not able to provide me with one of the dockets as she did not have the docket with her as that docket was taken by the DPP.”

Brigadier Nkwashu states he acted on instructions from the Provincial Commissioner to collect all case dockets with J50 warrants and submit them to Deputy Provincial Commissioner Major General Mbuso Khumalo.

“I was acting on instruction from the Provincial Commissioner to collect all case dockets that had J50 warrants of arrest and to submit them to the Deputy Provincial Commissioner of Detective Services, Major General Mbuso Khumalo.”

Major General Khumalo was to oversee investigations directed by Gauteng Premier Panyaza Lesufi, including multiple dockets from all five districts within Gauteng.

“Major General Khumalo was to oversee those investigations as directed by the Premier of Gauteng, Mr Panyaza Lesufi. The instructions was not limited to the Katiso case. It applied to many dockets from all five districts within the Gauteng Province.”

The speaker states they recused themselves from handling a specific docket related to the Armand Swart murder because they were informed their name was mentioned in connection with the Tau matter and were under investigation.

“I simply recused myself from handling that docket, because I knew I was under investigation.”

The docket for the Armand Swart murder was transferred to the Organized Crime Unit at the Provincial Headquarters where Witness B is working, and the speaker authorized this transfer.

“the docket...was transferred to the Organized Crime Unit at the Provincial Headquarters where Witness B is working”

Brigadier Nkhwashu confirmed the instruction to transfer the docket was given in writing via an email to all District Commissioners after being orally given at the top management meeting of the province.

“the instruction...was in writing...given at the top management meeting...and...distributed...via email to all District Commissioners”

Brigadier Nkhwashu was the Acting District Commissioner and made the sole decision to transfer the docket of the Armand Swart murder to the Provincial Head Office.

“I was the Acting District Commissioner, and the decision to transfer this docket was solely on my shoulders”

The custodian of a case docket is typically the area where the initial crime occurred, and investigations within a jurisdiction are normally carried out by officers from that jurisdiction unless given a mandate to external units such as the Independent Police Investigative Directorate or the Organized Crime unit.

“the custodian of a case docket is the area where the crime took place...all cases within my jurisdiction will be investigated within my jurisdiction unless there is a mandate given to external units such as the Independent Police Investigative Directorate and the Organized Crime unit”

The process for docket flow involves assigning a serial case number at the police station, registering the case at the Community Service Centre, and then assigning it to a detective component; the Detective Commander, usually of Colonel rank, signs for the docket and assigns it to an Investigating Officer.

“The docket flow...will get a serial number...registered and assigned to the detective component...The Commander...sign for that particular docket and...assign that particular docket for investigation to an Investigating Officer”

The process of docket transfer in the police system involves registering the docket under the name of the current investigating officer and then transferring it within the system with authorization, either verbal or written.

“when the Investigating Officer receives that particular docket, he signs for that particular docket ... after signing for that particular docket in the system, which we call it CAS control system, the Investigating Officer is now responsible for that particular docket”

Dockets are transferred to units such as Gauteng Organized Crime upon request and authorization, which may not necessarily be in writing.

“they requested it ... it was a specific transfer”

The transfer of dockets within the police involves updating the national system to indicate the movement of the docket even if the transfer is not done in writing.

“when the docket is registered in the system ... it must be received in the system that will indicate overall on the national system that this docket has now been moved”

Suspects related to a docket may be arrested outside the jurisdiction of the initial investigating officer, and an authorization for the docket transfer is then given to the unit with the mandate to investigate.

“when the suspects were arrested, they were arrested outside my jurisdiction ... the Investigating Officer told me they want to request that they sign for the docket because they have established ... this falls within their mandate”

The District Commissioner has the prerogative to deny the transfer of a docket to any unit, provided the denial is justified.

“As the District Commissioner, you got the prerogative to deny the docket being transferred to any unit, provided you can justify your denial”

On 6 December 2024, Brigadier Nkhwashu learned from Fundiswa that Katiso had been arrested but did not know the charges; Katiso appeared in court on 9 December 2024.

“On 6 December 2024, I learned from Fundiswa that Katiso had been arrested ... On 9 December 2024, Katiso appeared in Vereeniging Magistrate Court”

Mr Molefe was admitted to Groenpunt correctional facility, despite initial uncertainty if he was registered there as an awaiting trial detainee.

“Mr Mkhuliphi ... to enquire whether Mr Molefe had been admitted at that facility... he came back to me ... to confirm that Mr Molefe is indeed in the facility registered”

Mr Mkhuliphi advised that visitors could deliver basic necessities to Mr Molefe subject to admission and security procedures.

“Mr Mkhuliphi advised that I could come to the facility subject to the applicable admission and security procedures”

The visitor was unable to see Mr Molefe personally but was allowed to deliver clothing which would be handed over to him later.

“he told me that it is late after hours and that he could not accept my food delivery to Katiso and he will not allow me to see Katiso but he will take the clothing and hand it over to Katiso”

The visitor denied attempting to interfere with the detainee's case and stated their conduct was a personal and humanitarian act to assist their sister.

“I denied that I attempted to interfere in any manner... My conduct was limited to assisting my sister by facilitating the delivery of clothing to her husband while he was in custody. This was a personal and humanitarian act”

Brigadier Nkhwashu states he signed the access register with his full names and identity card, confirming his identity on entry to Groenpunt Prison.

“I signed the access register using my full names and as they appear in my identity card and my visit was recorded”

Brigadier Nkhwashu denies allegations of removing vehicle number plate to conceal identity when visiting Groenpunt Prison.

“I deny these allegations because it did not happen. I could not conceal my identity after having spoken to the area commissioner and identified myself... When I arrived at the gate to the officials there, I also identified myself”

Brigadier Nkhwashu says his car was new and had a temporary permit, not formal registration plates, issued by Omar's Motors dealership in Meyerton, Vereeniging.

“The truth is that my car was new at the time and had not yet been issued with a formal registration plate. It was fitted with a temporary permit... issued from the dealership where I bought this particular vehicle, which is Omar's Motors, Meyerton, Vereeniging”

Brigadier Nkhwashu purchased the vehicle with the temporary permit in October 2024.

“I purchased this vehicle during October”

Brigadier Nkhwashu denies wrongdoing and misconduct allegations and states his career has been dedicated to SAPS with integrity.

“I deny that I have aided or abetted any criminal activity or failed to act on credible intelligence or internal warnings or benefited financially or politically from any criminal syndicate. I did not. I have dedicated my career to the South African Police Service and acted with integrity. I am being prejudiced by allegations that are vague and not yet tested”

Brigadier Nkhwashu denies any wrongdoing related to the allegations and is willing to cooperate with the Commission's enquiries subject to fair process rights.

“I deny any wrongdoing whatsoever in this regard. I am willing to cooperate with the Commission's legitimate enquiries to the extent that such cooperation does not infringe upon my right to a fair process and my right against self-incrimination. I request that the Commission make a finding that there is no basis for the allegations made against me and that the SAPS immediately withdraw my suspension proceedings against me because I am not the criminal that the media suggests”

Brigadier Nkhwashu acknowledges a second visit to Groenpunt Prison in or about February 2025 but previously omitted to mention it due to pressure from summons and evidence focusing only on December visit.

“I failed to mention a second visit that took place in or about February 2025. I acknowledge that this was an omission... The pressure that I was subjected to. The summons and the evidence presented to the Commission focused exclusively on the visit during December”

In February 2025, while still on leave, Brigadier Nkwashu's sister Fundiswa Nyangule contacted him to inform that she was coming to Gauteng to visit her husband Katiso Molefe in prison and asked for a lift from the airport.

“In February 2025, while I was still on leave, my sister, Fundiswa Nyangule, who... contacted me. She informed me that she was coming to Gauteng to visit her husband in prison... She asked if I could fetch her from the airport because she was coming from Durban... I agreed and I went to the airport and picked her up. We drove together to Groenpunt Prison.”

After returning from holiday, Brigadier Nkwashu was on sick leave due to physical pains and stress.

“After my return, I was on sick leave for a period due to physical pains and stress that I was enduring.”

Brigadier Nkwashu took annual leave during December 2024 and traveled for a holiday, returning in the second week of January 2025.

“I took annual leave during December 024 and travelled for a holiday. I returned home in the second week of January 2025.”

Brigadier Nkwashu complied with all prison security checks during the visit and did not use his rank to gain improper access to Katiso Molefe.

“I was not given any preferential treatment. I waited my turn. I complied with the security checks. I wish to state clearly and unequivocally that... I did not use my rank to gain improper access. I was there primarily to drive my sister, who was a local visitor.”

Brigadier Nkwashu has been to the White House (Northcliff Hotel) several times, which has been described as a hub for corrupt activities involving senior SAPS officials, politicians, and organised crime figures.

“I wish to inform the Commission that I have been to the White House on several occasions. The White House is a private property... described as a hub for corrupt activities involving senior SAPS officials, politicians and organised crime figures.”

Social gatherings at the White House were arranged by colleagues, notably Maj-Gen Richard Shibiri, and involved mostly police officers with occasional civilians such as the hotel owner.

“The gatherings at the White House were ordinarily arranged by our colleagues or our colleague, Maj-Gen Richard Shibiri... it was ordinarily to bring camaraderie... to foster those working relationships and to de-stress after work with officers from different units... from time to time ... some of the civilians, in the likes of the owner of the Boutique Hotel...”

General Richard Shibiri was responsible for inviting police officers to the social gatherings at the White House, and attendees did not know how other police officers were invited.

“All I know is that General Shibiri was the one who was inviting me and General Mthombeni... I have never known how they got invited and by whom.”

Brigadier Nkwashu is aware that the White House has been suggested as a place where corruption occurs.

“I am aware that the White House suggested to be a place where corruption occurs.”

The social gatherings at the White House were not secret, involved many officers, and no discussions took place that could compromise justice.

“The gatherings were not secret... Many officers attended and we held general discussions. There was no discussion of ongoing criminal investigation in a manner that could compromise the administration of justice. At least not in my presence...”

Investigating officer Witness B may have attended some of the social gatherings at the White House.

“Investigating officer, Witness B, may have attended some of these social gatherings because I started getting to know it from this Commission when General Shibiri was testifying and when Witness B was also testifying.”

Investigating officers have exclusive control over their docket, and complaints against police investigation progress may be lodged and escalated within the police command structure.

“The investigating officers signed for the docket... From that moment, the IO becomes the sole custodian and possessor of that particular docket... The docket is under the IO's exclusive control... The complaint will then be registered with the commander at the CSC and then the complaint file will then be booked to a commission officer to investigate the complaint against the police... The commander may call the IO to account and may escalate the matter to a higher level if necessary. Complaints can be escalated to the District Commissioners, the Provincial...”

The Provincial Commissioner General Mthombeni instructed District Commissioners, including the acting District Commissioner for Sedibeng, to collect all dockets involving J50 warrants of arrest and deliver them to Maj-Gen Mbuso Khumalo for oversight and review.

“A complaint was lodged with the South African Police Service Provincial Commissioner, General Mthombeni. General Mthombeni decided to instruct District Commissioners, including me as acting District Commissioner for Sedibeng, to collect all dockets that had J50 warrants of arrest and to deliver them to the Deputy Provincial Commissioner of detective service, which is Maj-Gen Mbuso Khumalo, for oversight and review.”

The docket for the incident involving J50 warrant was created on the day of the incident in Sedibeng and was transferred to the organised crime unit the same day with authorization from Brigadier Nkwashu.

“I authorised it on the very same day . But I cannot confirm whether the capturing on the system was done the same day. It could have been done the following day or time after . But the authority that the docket could be transferred to the provincial office organised crime was given the same day.”

Physically, the docket transferred to organised crime means the docket is now held by someone in organised crime and is no longer physically with the original district.

“So, when the docket is transferred to organised crime , it is the physical docket . It means that physical docket is now with somebody else and that somebody else is organised crime .”

The Ford Raptor vehicle registered in Brigadier Nkwashu's name was driven by Fundiswa, Katiso's girlfriend, on 5 March 2025 outside the Vereeniging Magistrate Court and was lawfully acquired from Nkwashu's eldest daughter who paid for it through Nkwashu, the registered owner.

“The Ford Raptor vehicle was indeed my private vehicle that was driven by Fundiswa on that day . And I purchased this particular vehicle lawfully from my eldest daughter , who was paying for it through me , since I am the registered owner of this particular vehicle.”

The docket remained registered as a Sedibeng docket even though physically it was with organised crime because the serial (CAS) number does not change station of origin.

“By virtue of it having the serial number that I spoke about , which is called a CAS number , it will not change that it was registered in Vereeniging . That is why it remained in Sedibeng .”

Brigadier Nkwashu was not driving the Ford Raptor vehicle on 5 March 2025 and was not present at the court in Vereeniging that day, and he had lent the vehicle to Fundiswa because she was afraid of being followed and could not use her own car safely.

“I was not driving the vehicle on the 5th of March . I was not present at the court either in Vereeniging on that day . I borrowed this particular vehicle to Fundiswa , who is my sister . She came to Gauteng to visit her husband in prison . She explained to me that she suspected people following her and she was afraid to use her car because it is known .”

Brigadier Nkwashu disclosed openly to prison officials on 9 December 2024 who he is and disclosed the relationship with Mr Molefe, but Mr Molefe later denied knowing Nkwashu as a relative when interviewed by the prison head Mr Nkoli on 10 December 2024.

“On paragraph 30 : " I alluded to the fact that the Commission has evidence from the prison head, Mr Nkoli , that on 10 December 2024 , the day after my first visit in Groenpunt , he interviewed Mr Molefe and asked him whether he was related to me or not . According to Mr Nkoli , Mr Molefe said he was not my brother-in-law and did not know me as a relative ." ... I disclosed openly to the prison officials on the 9th of December who am I . And I disclosed it in my main statement .”

Brigadier Nkwashu expresses embarrassment to be associated with criminals but denies being a criminal or associating with cartels.

“I feel very embarrassed to be associated with criminals ... I am not a criminal ... I do not associate with cartels and the so-called cartels”

Brigadier Nkwashu will retire and be on pension at the end of July 2026, reaching the retirement age of 62.

“at the end of July I will be on pension ... I will be reaching the retirement age”

Brigadier Nkwashu refers to Ms Nyangule's late brother as Sazi Khuboni who passed away in the year 2000.

“your wife\'s late brother ... referred to him as Sazi ... His surname is Khuboni ... Mr Khuboni passes away in the year 2000”

Two days after Sazi Khuboni's death in 2000, Ms Nyangule's mother also passed away, but some siblings of Fundiswa were still alive then.

“Mr Khuboni passes away in the year 2000 ... two days later, Ms Nyangule's mother also passes away ... there were still siblings of Fundiswa to my recollection ... I think there were two who were still alive”

Brigadier Nkwashu states that Ms Nyangule ended her mourning period by 2001 and had met Mr Molefe by 2005.

“in 2001, the mourning period came to an end, and by 2005, Ms Nyangule had started to see or had met Mr Molefe”

Brigadier Nkwashu confirms that Ms Nyangule's wife side had other siblings, including a younger sister and a younger brother who was younger than Sazi.

“there were other siblings who were the younger brother ... there is a younger sister of my wife and a younger brother of my wife who was younger than Sazi”

The customary marriage of Ms Nyangule and Mr Molefe happened in 2022.

“in 2022 you noted that the customary marriage happens”

In 2005, Fundiswa told Brigadier Nkwashu that she met a man who wanted to marry her and they interviewed her about this.

“during 2005, Fundiswa came to us to come and tell us that ... she met a guy, this guy wanted to marry her ... we sat down and interviewed her ... in 2005”

Brigadier Nkwashu questioned Fundiswa about the background of the man she wanted to marry, and learned he was married, leading to his disapproval of the marriage.

“we came to a question of having to tell her the background of this particular guy ... she said yes ... this guy is a married man ... I get to differ with her on her intentions to marry this guy because of his marriage status”

Brigadier Nkwashu says his relationship with Fundiswa was dented and meetings ended in 2005 due to disagreements, but he tried to convince his wife otherwise.

“in the absence of perhaps a suitable word, it was dented ... we did not finish the meeting with me on that day because we were not agreeing in terms ... i abandoned the meeting with the sole intention of convincing my wife ... no, I do not go with that, not unless I am convinced otherwise”

Between 2014 and 2024, Brigadier Nkwashu and Fundiswa were talking over the phone infrequently, about three to four times in total, with a strained relationship post 2014.

“from 2014 we were just talking over the phone with Fundiswa ... I never actually met her ... over that entire period ... it was maybe not even four times ... three to four calls”

Brigadier Nkwashu states that until 2021, he remembers about three to four calls with Fundiswa, but cannot recall calls between 2021 and 2024.

“from 2014 to 2024 ... all that you remember is three to four calls ... between 2021 to 2024, I do not remember any”

Brigadier Nkhwashu was upset and disappointed that Fundiswa was marrying someone who was already married, and communication between them stopped as a result.

“you were angry , you were upset that she was marrying somebody who was already married . And you wanted nothing to do with that . So , I am assuming because of that , I will call it disappointment , I will not say anger . That disappointment , there was no communication between you and her after that”

Brigadier Nkhwashu recalls being told that Fundiswa was married to the man she was allegedly marrying and that she was staying in Durban, suggesting he might have spoken to her but did not hear she was married.

“I remember knowing that I remember having been told that Fundiswa was married to that guy that you were talking about . And she is staying in Durban . So that could meant that , although I do not have a good recollection , but that could meant that I might have spoken to her , but I did not hear , what I could remember is that I did not hear from her that she was married to that guy”

Between 2014 and 2024, Fundiswa was being chased around Gauteng for unknown reasons which prompted her to move to Durban, including an incident of house robbery which involved changes of residence.

“between 2014 and 2024 , much as I do not remember how many calls we had , I remember that there was a moment when she was being chased around when she was in Gauteng . Which is what I thought , that is what prompted her to move to Durban . Because there were people chasing her around for what we did not know . Because at some stages she was - there was a house robbery and I was called and she moved from Meadowlands to Roodepoort sometime and then she moved from Roodepoort to Fourways and during that time I was on the case of trying to assist in protecting her”

A family member very close to Fundiswa (also sister to Brigadier Nkhwashu's wife) regularly called Brigadier Nkhwashu with updates about Fundiswa because of their close relationship.

“there are a family member who is very , very close to Fundiswa . It is also the sister to my wife . So , she would call and say , Fundiswa had this and this and this , because they knew we were very , very close with Fundiswa”

Fundiswa had a conversation with Brigadier Nkhwashu about meeting Mr Molefe, whom Brigadier Nkhwashu had only heard about in 2005 and never met before 2024.

“you say that in this meeting she then had a conversation with you about meeting Mr Molefe . ... Now , when this happens , you had not met Mr Molefe at all . And , in fact , on your version , you had only heard about him in 2005 .”

Fundiswa asked Brigadier Nkhwashu for assistance regarding her deceased family estate, including siblings.

“she asks you about assistance in relation to her family estate , her deceased family estate . So , at this point , does that include no while siblings , or was this in relation to her mother ? ... Also including the siblings , because she said , I remember when we were talking about not being wanting to narrate too much and disclose certain hidden things , talk about the estate of the brother”

Between 2014 and 2024, Fundiswa contacted Brigadier Nkhwashu requesting a meeting, coming from Durban specifically to meet him.

“those few calls that happened in between 2014 and 2024 , you then get a calls saying she is requesting to meet , correct ? ... And for this meeting she comes from Durban .”

Brigadier Nkhwashu found the request to meet Mr Molefe strange given that the couple married in 2021 but the request came in 2024; he conveyed this feeling to Fundiswa.

“did you find it at all strange that this request was coming in 2024 when they got married in 2021 and you started knowing of him and his intention to marry in 2005 ? ... Of course , Advocate , I find it strange . ... Yes , of course . As we were discussing , I asked politely ... I said , oh , okay . It is fine .”

Brigadier Nkhwashu was asked by Fundiswa why her husband wanted to meet him; Fundiswa said it was not good that they did not know each other and that her husband was willing to meet him.

“I asked her , why does your husband want to meet me ? She say , it is not good that you guys do not know one another . Yet , me , I communicate with you now and then . And now , my husband is more than willing to meet you . And I want , me as Fundiswa , I want you to meet my husband”

Brigadier Nkhwashu stated that Mr Molefe was married but divorcing his wife, which was the reason he was no longer considered a married man, which made Brigadier Nkhwashu willing to meet him.

“Is he no longer married ? No , no , no , he is divorcing with his wife . So , he will come and confirm it to you . So , he is no longer a married man . So , I said , oh , okay . It is fine .”

Brigadier Nkhwashu knew Mr Molefe only as a businessman and had never checked or asked about him prior to the meeting.

“outside of what you know of him , which is he is a businessman and he was married , did you know anything else about Mr Molefe ? ... And had you checked on Mr Molefe , who he is ? ... Or asked anyone about him ? ... No , no , not at that stage”

During the meeting with Mr Molefe, the conversation was very general and included his business interests and the security sector.

“the two of you , you say , talked on very general terms , you say ? ... Including that he told you about his various business interests and the security sector .”

Brigadier Nkhwashu and Ms Nyangule met Mr Molefe in a meeting, but they did not stay long.

“you then proceed to the meeting with Mr Molefe , and you have already testified that Ms Nyangule and your nephew did not stay long .”

Mr Molefe discussed with Brigadier Nkhwashu a tender for security services at Machabeng, potentially involving Brigadier Nkhwashu after retirement.

“he told you about this various business interests and the security sector . ... He had a tender . I think you said Machabeng . ... It is a multi-billion tender , and I am needing three security companies to be in this particular area . And as you say , you are nearing retirement . I think it can assist you in your retirement , if you choose to .”

Brigadier Nkwashu was initially not convinced but started to give a man a benefit of doubt regarding his character and personal situation including being in the process of a divorce.

“B u t s t i l l , I w a s n o t c o n v i n c e d , b u t a l i t t l e b i t c o n v i n c e d t o t h i n k t h a t m a y b e h e i s t r y i n g t o q u a l i f y t h a t h e i s a g o o d m a n f o r m y s i s t e r . B e c a u s e h e e v e n t o l d m e t h a t h e i s i n t h e p r o c e s s o f a d i v o r c e”

Brigadier Nkhwashu was still cautious and wary about the meeting with Mr Molefe despite the tender opportunity presented.

“I was still cagey as to exactly why did he want to come and meet me . Because he was just telling me , introducing himself , telling me his upbringings , going to school , and he is a businessman ...”

Brigadier Nkwashu was starting to like the man and was open about the idea of running a security company and retiring towards that direction.

“Y e s , I m u s t b e h o n e s t . I a m s t a r t i n g t o l i k e t h e m a n a n d o p e n u p n o w . A h , t h i s i s a g o o d i d e a t o k n o w o u r p l a n s w e l l , y o u k n o w . I g o t a n e x p e r i e n c e w h e r e I c a n r u n s e c u r i t y a n d I w i l l s t a r t r e g i s t e r i n g s e c u r i t y c o m p a n y . A n d I t h i n k I w i l l b e p e n s i o n i n g t o w a r d s t h e r i g h t d i r e c t i o n”

Brigadier Nkwashu described a friend who was arrested and was seeking bail, and said he stopped the man on his tracks before details were disclosed, refusing to discuss work cases even with his wife.

“O n e o f t h o s e f r i e n d s t h a t I w a s t a l k i n g a b o u t e a r l i e r o n i s a r r e s t e d a n d I h e a r h e i s a r r e s t e d b y y o u . A n d h e i s s e e k i n g b a i l a n d I s a i d o h , s w a e r , w a i t , w a i t , w a i t , m y b r o t h e r . Th a t i s w h e n I s t a r t e d - I s t o p p e d h i m o n h i s t r a c k s t o t e l l m e t h e d e t a i l s . B e f o r e h e e v e n t e l l s m e w h o t h i s f r i e n d i s , t h e n I s t a r t e d c h a n g i n g t o s a y , I d o n o t d i s c u s s w o r k c a s e s . A n d I n o t e v e n d i s c u s s w o r k w i t h m y w i f e”

Brigadier Nkwashu refused to discuss work related matters even with his wife, emphasizing respect and maintaining boundaries; he stated that discussing work might risk his job and that his work is off-limits for discussion.

“S o , i f y o u w a n t m e a n d y o u t o h a v e a s o u n d r e l a t i o n s h i p , s w a e r , l e t u s n o t t a l k a b o u t m y w o r k b e c a u s e i f w e s t a r t t a l k i n g a b o u t m y w o r k n o w , I a m d o i n g s o m e t h i n g t h a t I w i l l l o s e m y w o r k . I d o n o t t a l k a b o u t m y w o r k . L e t u s r e s p e c t o n e a n o t h e r f o r t h a t .”

Brigadier Nkwashu interpreted a conversation with the man as an attempt to entice him with a business offer so as to prompt a favour related to a detained friend.

“I t c a m e a c r o s s m y m i n d t h a t , n o , I T h i n k e v e n t h i s t h i n g o f t h e b u s i n e s s , h e w a s j u s t t r y i n g t o e n t i c e m e s o t h a t w h e n w e c o m e t o t h e i s s u e o f t h e f r i e n d s h i p , h e i s o f f e r i n g m e , a n d I w i l l p e r h a p s a l s o d o h i m a f a v o u r .”

Brigadier Nkhwashu did not convey any discomfort experienced in his meeting with Mr Molefe to Ms Nyangule at the time, but only at a later stage after the Stokvel meeting.

“No. I did not at that time, Advocate, but at a later stage.”

Brigadier Nkhwashu sent a Sergeant to the investigating office after the Stokvel meeting.

“It was after we had the stokvel meeting and it transpired that allegedly I sent this Sergeant to go to the investigating office.”

Brigadier Nkhwashu has had a good friendship with Sergeant Tshukudu since 2017 but was not his supervisor and only knew him as an officer in a different unit.

“... you just deal briefly with your relationship with Sergeant Tshukudu and you say that you have been good friends since 2017... And has he ever worked under you? No, Commissioners. So you have only ever known him as an officer in a different unit? Correct, Commissioners.”

The Stokvel is not a police stokvel but is mainly composed of police officers with some civilians.

“It is not a police stokvel, Commissioners. However, the members of that stokvel is mainly police officers. And, of course, there will be two or three other civilians. But, in majority, we will be sitting in places where, or should I say, me, myself, I will be sitting surrounded by the police members.”

Brigadier Nkhwashu engages professionally with Sergeant Tshukudu, sharing information and assisting each other with police work, including tracing wanted suspects.

“... we will sometimes be looking for these Organised Crime syndicates, and those were taxi-related. Now, I will check with them to say, do you not have leads towards these people that we are looking for? And we will share information if they have and if they do not have...”

Brigadier Nkhwashu sometimes asks Sergeant Tshukudu for informal favours such as checking if suspects are in certain areas and arranging their arrests, but does not make formal requests.

“... I may be asking him to check information on the suspect that we are looking for, or I send them the suspect in this particular place ... please see if you can arrest this particular suspect ... I should think those are favours... If I talk to him personally or talk to other colleagues personally, verbally or telephonically, it will be an informal one, which is then a request...”

Brigadier Nkhwashu clarifies that informal requests to Sergeant Tshukudu are not direct commands because Sergeant Tshukudu is not under his direct supervision and would only take instructions from his own commanders.

“If I will be phoning from my work office and request that kind of favour ... it will be a request because he is not serving under my direct supervision and they can only take instructions from the direct lineage command. And if I have to give an instruction ... I will do it in writing and communicating with his or their commanders...”

Brigadier Nkhwashu confirms that he has asked Sergeant Tshukudu informal requests and favours.

“Yes, Advocate.”

Brigadier Nkhwashu and others had a conversation about suspects being escorted, involving Sergeant Tshukudu and other members, but he is hesitant to mention names in public due to fear of implication.

“I do not have a problem myself. However, you know, when you start mentioning Madlanga Commission, no one will want this name to be mentioned because people have a fear of being implicated...”

Brigadier Nkhwashu confirms the presence of Sergeant Tshukudu and others during conversations about escorting suspects, and confirms those others were from his jurisdiction.

“... this conversation was had in the presence of Sergeant Tshukudu and others... No, you are quite correct, Advocate.”

Brigadier Nkhwashu states that colleagues and friends accompanied Sergeant Tshukudu, including Warrant Officer Rikhotso and Lt-Col Khalo, but they were not the ones escorting suspects to the jurisdiction.

“Among them, I remember there is Warrant Officer Rikhotso, and there is Lt-Col Khalo ... Those were the people that we often meet in the stokvel, and they were there in that stokvel.”

Brigadier Nkhwashu recalls a conversation involving bail for an unnamed friend overheard by Warrant Officer Vhelaphi, whom he identifies as Rikhotso.

“I recall my earlier conversation with Katiso in which he had asked about bail to an unnamed friend ... As I have understood you, it was Warrant Officer Vhelaphi that I can recall off heart.”

Lt-Col Khalo was present during conversations at the stokvel but was not escorting suspects.

“Khalo is the one we normally meet. He was there during the conversations at the stokvel.”

Warrant Officer Rikhotso and Lt-Col Khalo were present at the stokvel with Sergeant Tshukudu, they were not escorting suspects but were present during the conversations.

“So it was Warrant Officer Rikhotso and Lt-Col Khalo as well as Sergeant Tshukudu at the stokvel, yes.”

The officers mentioned raised the issue of transporting or escorting a suspect in Brigadier Nkhwashu's jurisdiction.

“Those that you can remember ... And then it was them that raised this issue of transporting or escorting a suspect in your jurisdiction.”

Brigadier Nkhwashu was triggered to recall a conversation with Mr Molefe regarding bail because police officer Michael Tau was involved as a suspect being escorted.

“What triggered my recollection about that is when they said we were escorting this suspect where specifically this police officer, Michael Tau, is involved and is one of the suspects.”

Brigadier Nkhwashu confirms his involvement in the coordination started early after a shooting incident involving Armand Swart.

“When the shooting of Armand Swart took place, the members, including the colonel that I spoke about, attended the crime scene. And as an Acting District Commissioner, they had to report to me that incident because it is a serious incident.”

Brigadier Nkhwashu does not normally arrest or coordinate arrests on a day-to-day basis; his involvement was specific to this serious incident.

“So, I do not normally arrest or coordinate the arrest of those what you call on a day-to-day basis.”

Brigadier Nkhwashu was acting as District Commissioner during the arrest of Michael Pule Tau and coordinated the arrest process.

“During the arrest of Pule Tau, I was acting as a District Commissioner. And hence, I coordinated the arrest of this particular Tau and company.”

Michael Pule Tau was arrested and escorted for a bail application in Brigadier Nkhwashu's jurisdiction.

“He was escorting him and the others to the court for bail application ... obviously, it triggered my mind to say, this is the only case that they can, and this is of a serious nature, and it is a police officer.”

Brigadier Nkhwashu admits he only knew that one of the suspects was a police officer after the suspect's arrest, not from inception.

“No, I have known that after his arrest.”

Gauteng Organized Crime was called in by Brigadier Nkhwashu by instruction after the shooting incident to assist in the arrest process in a joint operation.

“It was my instruction. Exactly, Advocate. After the incident, yes, Advocate. So, you coordinated – after the incident, you coordinated the arrest of the suspect. It was a joint operation, and you issued the instruction for Gauteng Organised Crime to be called in.”

Brigadier Nkhwashu acknowledged his brother-in-law recently asked him whether the state was going to oppose bail in a certain case, linking this to a conversation involving Mr Molefe.

“you then say to them, my brother-in-law asked me whether the state is going to oppose bail, right?”

Brigadier Nkhwashu confirms the arrest referred to by Mr Molefe occurred in his jurisdiction and relates to the matter of bail opposition discussed.

“A 100%, Advocate.”

Brigadier Nkhwashu expressed discomfort with Mr Molefe approaching him about job opportunities and bail issues linked to his brother-in-law.

“you confirmed to Commissioner Baloyi that ultimately you thought this was the nub of Mr Molefe's meeting with you... you were also uncomfortable with this.”

Commissioner Baloyi pointed out that Brigadier Nkhwashu's account of meeting Mr Molefe was incomplete without knowing the identity of the person arrested and case details, indicating a missing link in the narrative.

“It has to be that when Mr Molefe met with you, he did mention who the person was, what the case was about... Otherwise this account has got holes... There is something that is missing in your account, especially of the discussion with Mr Molefe.”

Brigadier Nkhwashu raised the issue of his brother-in-law asking about bail during a discussion with officers escorting suspects, not because he intended to discuss it but it came to his mind passively.

“I just quickly touched on it. It just came to my mind during that time... I did not think twice about it, as to whether I should talk about it or not, but I just quickly touched on it.”

Commissioner Baloyi emphasizes the importance that Michael Tau was specifically mentioned in conversations linking Mr Molefe and Brigadier Nkhwashu, or the context does not make sense.

“Michael Tau... you do not get triggered in a vacuum... Otherwise this account has got holes...”

Commissioner Baloyi struggles to understand Brigadier Nkhwashu's account connecting Michael Tau and Mr Molefe without explicit linking details, making the narrative incomplete.

“I am struggling with the account... How you get to connect the two...”

Brigadier Nkhwashu acknowledges the puzzle of how Michael Pule Tau, a friend of Mr Molefe and involved in the Armand Swart case, was arrested and why his name came up in discussions relating to bail and job opportunities.

“This friend of mine... happened to be Michael Pule Tau... arrested with Katiso... really agree with you the way you perceive it.”

Commissioner Baloyi highlights missing specifics about the arrested suspect being a police officer and the relation to the Armand Swart case as gaps in Brigadier Nkhwashu's account.

“if he does not mention a connection to Molefe, who is your brother-in-law, or if he does not say the suspect is connected to Molefe, or that it has to do with the Armand Swart case...there is just missing information that makes your account incomplete.”

Brigadier Nkhwashu discussed a murder case in Vereeniging involving a police officer arrested in that case and stated the investigating officer is Witness B.

“Brigadier Nkhwashu mentioned of a murder case that happened in Vereeniging, and the case is with our unit...the investigating officer of the case is Witness B”

The Chairperson requests the unredacted version of a statement under Tab 4 to be preserved and confirmed.

“Was the unredacted file taken away? ... please make sure that the one you remove is the unredacted version.”

Brigadier Nkhwashu took back an earlier statement (paragraph 3 of Sergeant Tshukudu's statement), indicating a correction or retraction.

“I took it back.”

Brigadier Nkhwashu stated that Witness B opposed bail for the accused person Pule Tau, and that his brother-in-law was willing to pay the bail.

“Witness B informed me that she was opposing bail. I then returned and informed Brigadier Nkhwashu that the state is opposing bail... Brigadier Nkhwashu's brother-in-law was willing to pay the bail for the accused person, Pule Tau.”

There are marked differences between Brigadier Nkhwashu's statement and the other person's description of events concerning what was communicated about the bail and case details.

“there is a number of marked differences between the version that you have put down in your statement and his description of what happens. Correct? ... Correct, Advocate.”

Brigadier Nkhwashu partially denies some of the differences claimed regarding his communication about the bail but admits he did not mention his brother-in-law's name and discussed the case via WhatsApp group.

“I will partially not accept that... I have not mentioned the name of my brother-in-law... I told him that I know of the case. In one of our SAPS WhatsApp groups, there was an article regarding that case... a police officer was arrested.”

Sergeant Tshukudu's statement mentions that Brigadier Nkhwashu raised the issue of the Vereeniging murder investigation, which Brigadier Nkhwashu denies.

“Sergeant Tshukudu says you are the one that raised the issue related to the Vereeniging murder investigation. Can you see that? ... Yes, Advocate. ... I deny that you were the first one.”

Brigadier Nkhwashu knew the murder case was in the Provincial Organised Crime unit because he authorised transfer of the docket there after the scene was finalised.

“I knew this because when the scene was finalised, they requested this office, which is Organised Crime, requested the docket... I authorised the transfer of the docket to the same unit.”

Brigadier Nkhwashu denies being told by the other party that knowledge of the case was only from WhatsApp groups.

“No, I do not recall him saying that. ... I deny it flatly.”

Sergeant Tshukudu claims Brigadier Nkhwashu knew about the case from SAPS WhatsApp groups, a claim Brigadier Nkhwashu denies.

“Sergeant Tshukudu says he knows about this case because it was reported in one of the SAPS WhatsApp groups. Do you recall him saying this to you? ... I do not recall... I deny it flatly.”

Brigadier Nkhwashu says the conversation at the drinking place was informal and that Sergeant Tshukudu was not part of the escorting team but his colleagues were, who started the conversation about the case.

“this conversation was not of a formal nature... I have learned that Sergeant Tshukudu was not part of the escorting team, but Warrant Officer Rikhotso and them... they were part and started this conversation...”

Commissioner Baloyi suggests discounting Sergeant Tshukudu as a reliable source about coming to Brigadier Nkhwashu's jurisdiction because he was not part of the escorting team.

“Can we then discount Sergeant Tshukudu as one of the people that said to you or to the group with which you were that they had come to your jurisdiction? Can we discount him? ... I agree, Commissioner.”

A major difference exists between Sergeant Tshukudu's statement and Brigadier Nkhwashu's regarding when the conversation about bail occurred relative to when Tau was escorted.

“To me, a major difference, and this is a material difference between Sergeant Tshukudu's statement and your statement, is that in paragraph 3 of Sergeant Tshukudu's statement, this conversation happened before Tau was escorted to his bail hearing.”

Brigadier Nkhwashu disputes Sergeant Tshukudu's version that the docket left without an investigating officer; Brigadier Nkhwashu did not know who the investigating officer was and wouldn't have told Sergeant Tshukudu.

“for me it does not make sense that the docket left my district without an investigating officer. How had I known that this docket is assigned to this investigating officer ?”

Brigadier Nkhwashu met Witness B on his return to work and discussed the Vereeniging murder case, confirming he already knew about the case.

“I then told Brigadier Nkhwashu that when I see Witness B, I will ask her if the state will oppose bail ... I met Witness B and I told her that I saw an article in Vereeniging murder case ... he already knew about this case”

Brigadier Nkhwashu says he was informed by someone about the arrested person and that the brother-in-law wanted to know if the state will oppose bail.

“Brigadier Nkhwashu that his brother-in-law ... wanted to know if the state will oppose bail.”

Sergeant Tshukudu says the conversation about bail took place before Tau was escorted for bail, which had not yet happened at that time, creating a major difference in statements with Brigadier Nkhwashu.

“according to him, it is taking place before Tau is escorted for his bail ... according to Sergeant Tshukudu, nobody has been escorted for bail ... That is really my focus and this is a major difference ... one of you is not telling the truth.”

Brigadier Nkhwashu insists he is telling the truth about the escort for bail being not the first time and started from arrest to prison and court, not on one day.

“I am telling the truth. ... this escort which was made that we were talking to was not for the first time ... the escort started from the time when they were arrested and they were escorted to my area and then to court ... they did not go on one day for the bail application.”

Brigadier Nkhwashu says the conversation about bail was not started by him and during the conversation, Sergeant Tshukudu acknowledged using Brigadier Nkhwashu's state vehicle.

“the day we met, definitely I want to say that this conversation was not started by me ... during the conversation, he acknowledged Sergeant Tshukudu that yes, they were using my state vehicle.”

Between June 2024 and the discussion with Sergeant Tshukudu, there were more than two escorts of Officer Tau arranged by Brigadier Nkhwashu's TRT (Technical Response Team).

“it was more than two escorts because I was the one who was arranging the TRT, the Technical Response Team, to accompany them ... it happened more than two times.”

Brigadier Nkhwashu confirms he did not check the docket system since it was placed with Gauteng Organised Crime and did not know who the investigating officer was.

“since the docket was placed with Gauteng Organised Crime, you have never checked the system ... I never checked the system ... I did not know, and I had no reason.”

Brigadier Nkhwashu confirms that an investigating officer's identity can be known by logging into the system during a particular period.

“if you were to look, you would have known who the investigating officer was”

Although the docket has been transferred to the Organised Crime Unit, it still remains the responsibility (docket) of Brigadier Nkhwashu's station (Vereeniging), allowing him certain system access and accountability.

“the docket... remains the station of origin... the accountability of the commanders in Vereeniging... it remains your docket”

Brigadier Nkhwashu denies asking about the investigating officer's information.

“I deny it, Advocate”

Brigadier Nkhwashu states that while he can log into the system to see docket status updates, he cannot access the real contents of the investigation or attached statements.

“You will be able to see the status update... But the real contents of the investigation, you will never be able to access”

Brigadier Nkhwashu explains that once a complaint file is opened at his station, he can assign an investigating officer and follow up on progress, even if the docket is investigated outside his station.

“When you open a file... you assign an investigating officer and say to the investigating officer of the complaint now... The investigating officer... will go to the investigating officer concerned and ask that particular investigating officer why you are not giving progress to the complainant”

Brigadier Nkhwashu confirms that the transfer of the docket to Organised Crime Unit does not preclude him from phoning or asking about the investigating officer or the status of the matter.

“Does it mean you are precluded in the way things work? Are you precluded from asking who is the investigating officer in this matter... ? No, not precluded”

Brigadier Nkhwashu admits he informed Sergeant Tshukudu that his brother-in-law knows the arrested person and wants to know if the state would oppose bail.

“you informed Sergeant Tshukudu that your brother-in-law... knows the arrested person and wants to know if the state would oppose bail”

Brigadier Nkhwashu denies that Sergeant Tshukudu informed him he would talk to Witness B to ask if the state will oppose bail.

“He never informed me”

Chairperson warns that an investigating officer not opposing bail due to influence could improperly affect the decision to grant bail.

“if an investigating officer, whether on their own or as a result of influence by others, decide not to oppose bail, that may go a long way towards influencing the decision to be one that actually grants bail when it ought not to have been”

Brigadier Nkhwashu denies telling Sergeant Tshukudu or Witness B that his brother-in-law wanted to know if the state is opposing bail, or the bail amount and willingness to pay bail.

“I deny... that your brother-in-law wanted to know if the state is opposing bail or how much would be the bail and further, that your brother-in-law was willing to pay the bail of the accused”

Brigadier Nkhwashu states that it is not the Sergeant or investigating officer who allocates bail, but he knows the bail granting process.

“It is not the Sergeant or the investigating officer that is allocating bail... I know what is the process of granting bail”

Chairperson explains the presiding officer relies on information from the investigating officer or witness testimony and affidavits to decide on bail.

“what is usually placed before the investigating officer are either affidavits or testimony in the witness stand... that assists the Presiding Officer to decide whether to grant or refuse bail”

Brigadier Nkhwashu agrees with Chairperson's view about the bail process but says he cannot be certain if an investigating officer could be influenced, and he personally would not ask about bail amounts as it does not suit his profile.

“I will be out of my mind in the absence of the relevant term... to suggest the investigating officer will know, even if she could have an influence towards the granting of bail... But to an extent that I go and say go and ask how much will be the bail is really unforeseen of a person at my level, Commissioner. It does not suit my profile”

The police and specifically the investigating officer are relevant to the question of bail as they get to express a view on bail but do not make the decision; the decision is for the court or presiding officer.

“the investigating officer gets to express a view on bail. They do not make the decision, but they do get to express a view. And the way you have been dealing with this question since you started testifying is you are creating the impression that the police and investigating officers in particular are irrelevant to the question.”

Because the offense is a schedule 6 offense and very serious, the investigating officer cannot be asked not to oppose bail.

“Secondly, this is a schedule 6 offence, Commissioner. You cannot start having to, I mean, ask an investigating officer not to oppose bail because it is a schedule 6 offence. It is a very serious offence.”

When Mr Molefe speaks to the witness, he is speaking as a police officer to inquire about the police attitude towards bail.

“when Mr Molefe speaks to you, he is speaking to you as a police officer, to ask about the police attitude towards bail.”

The investigating officer can have influence in assisting the granting of bail, but would have known if intending to assist family in bail because they would have informed from the onset.

“the investigating officer can have an influence, can have a way to be assisting in the granting of the bail and so forth. However, Commissioner, I would have known if I intended to assist my brother-in-law with this bail. I would have told him from the onset that even if bail is not going to be opposed, we will not be in a position to know when the bail is granted, how much will it be.”

Corrupt police officials can manipulate the bail process by not opposing bail when they should.

“a corrupt police official could do that. I am not saying that you are. I am not saying that you are, but you appear to be proceeding from the premise that there are no corrupt police officers out there who could do something like that... they would not oppose bail when they ought to.”

Brigadier Nkhuwashu denies being a corrupt police officer and says he would never manipulate bail process; if he wanted to, he would approach the magistrate directly, not manipulate police processes.

“I am not a corrupt officer and I would never do that. And Commissioner, if I wanted to do that, I would have rather approached the Magistrate handling that case...”

Brigadier Nkhuwashu denies knowing that his brother-in-law was willing to pay bail for the accused prior to the information being shared by Mr Molefe.

“I also want to know, how did he know that my brother-in-law is willing to pay that bail equally to how much is going to be affixed?...I also want to know, Commissioner.”

Brigadier Nkhuwashu agrees there are corrupt police officers who use any means to get their way but says that is too low for him as an experienced cop.

“I do accept there are corrupt police officers who will use any means and ways to get it their way, but not an experienced cop like me, doing it that way. That was too low for me.”

Brigadier Nkhuwashu denies that Sergeant Tshukudu informed him that Witness B opposed bail.

“Yes, I deny it happened.”

Brigadier Nkhwashu describes a mutual exchange of favours with Sergeant Tshukudu and acknowledges a close personal and professional relationship, including familial connection as brother-in-law.

“he is my long-time friend ... he is my brother-in-law, but I stopped him in his tracks ... I am doing him favours, be it official or otherwise, and he is doing me favours”

Brigadier Nkhwashu admits he may not have been sufficiently assertive in expressing reluctance to engage in matters beyond his remit, which could have led Sergeant Tshukudu to assume he could act on his behalf.

“I would say yes ...”

Brigadier Nkhwashu denies giving Sergeant Tshukudu a direct instruction to inquire about bail matters, but admits there was a discussion about the brother-in-law wanting to know if the state would oppose bail.

“I do not think I could have gone so far ... to say I instruct you to go and do this and this and this”

Advocate Pooe suggests it is probable that Brigadier Nkhwashu discussed more with Mr Molefe about the bail matter than he has revealed, likely involving requesting or hinting to Sergeant Tshukudu to get information from Witness B.

“it is more probable that you discussed far more with Mr Molefe about this matter than you care to tell us”

It is probable that Brigadier Nkhwashu told Sergeant Tshukudu that his brother-in-law wanted information about whether the state would oppose bail for an arrested person, leading Sgt Tshukudu to seek that information from Witness B independently.

“if you told or asked or hinted to Sergeant Tshukudu to get information about the bail proceedings from Witness B... it is no" always true that we would only attain that information by checking your record”