Hearing day 101

The drug bust investigations had been progressing poorly until about a year ago, when significant strides were made.

“in the past 12 months, significant strides have been made in the investigations”

There is concern that public testimony regarding the Port Shepstone theft could jeopardize investigations and disclose identities of confidential sources and potential suspects.

“There is a concern that public testimony regarding the Port Shepstone theft would jeopardise both the investigations, secondly, the identities of confidential sources, potential witnesses for subsequent criminal prosecutions that will follow, and inadvertently disclosed potential suspects for prosecution.”

A witness related to the Port Shepstone drug theft is reluctant to testify publicly and is seeking for an in-camera hearing to fully disclose all investigation details.

“the witness is reluctant, has compelling us to move for a complete in-camera hearing, where he is willing to disclose everything that the investigations have uncovered, but only if it is in camera.”

Handling, storage and subsequent theft of seized drugs at Durban Harbour and Port Shepstone DPCI offices are being investigated with evidence from potential witnesses.

“starting with the actual seizure of the drugs at the Durban Harbour, and the circumstances surrounding that. The handling of the seized drugs and subsequent storage at the DPCI Port Shepstone offices, the subsequent actual theft of these drugs from the Port Shepstone offices, and what the investigations have uncovered thus far as regards to that theft. And the evidence of potential witnesses the investigators have obtained relating to all the above issues.”

The witness for the Port Shepstone theft case is not legally represented and was initially reluctant to testify, but the Evidence Leaders insisted on more detailed testimony.

“this was not a witness intended to go in-camera... The witness would have been somewhat prepared to testify as to some facts, but it would have been a very superficial kind of testimony... the Evidence Leaders, drove the witness to disclose as much as possible, and I think to a point of discomfort for the witness.”

The witness was expected to testify in public, but circumstances have drastically changed making public testimony uncertain, and the identity and testimony contents of the witness must be withheld.

“This witness was going to testify in public, but circumstances drastically changed. The issue is the identity of the witness must be withheld, and so must the contents of his testimony.”

The witness is particularly reluctant to testify publicly and may not even be available if compelled to do so.

“I must state upfront that the witness is particularly reluctant to testify in public and should the order for in camera not be granted, I do not know what the situation will be by Friday.”

The press should be given until Thursday to present their case and the Commission must have the full statement and bundle of the witness to make an objective ruling.

“The press be granted until Thursday, by the time the press presents its case the Commissioners will have the full bundle and statement of the witness and are able to make an objective call.”

There may be no witness available on Friday if an application for in camera testimony is denied.

“In the event that it is denied, there may possibly not be a witness for Friday.”

From this day, the hearing will start focusing on drug busts, specifically in Port Shepstone.

“From today we start with drug busts. This week is dedicated specifically to Port Shepstone.”

The first witness is Major-General Hendrik Frans Flynn, head of the Serious Organised Crime Investigation at the Directorate for Priority Crime Investigation (Hawks), based in Pretoria.

“The witness is Maj-Gen Hendrik Frans Flynn and he will be sworn in.”

Maj-Gen Flynn confirmed the authenticity and accuracy of his prepared statement and annexures for the Commission.

“I confirm it, Commissioner.”

Maj-Gen Flynn has had a long career in South African Police history since 1989, working in various investigative units including the Precious Metals and Diamond Unit and is currently the Component Head for Serious Organised Crime Investigation in the DPCI.

“I am a Maj-Gen in the South African Police Service, attached to the Directorate for Priority Crime Investigation, known as the DPCI or Hawks, as the Component Head for Serious Organised Crime Investigation... I joined SAPS on 1 January 1989... In September 1990, I was attached to the Diamond and Gold Branch in Klerksdorp, which later became known as the Precious Metals and Diamond Unit... This unit was eventually incorporated into the South African Police Service Organised Crime Unit... On 20 February 2009, the DPCI was established, incorporating the SAPS Organised Crime Unit. I have been with the DPCI since its inception.”

Maj-Gen Flynn was promoted on 1 January 2019 to Brigadier and appointed as the Provincial Commander for Serious Organised Crime Investigation (SOCI) within the DPCI in the North West Province.

“On 1 January 2019, I was promoted to Brigadier and appointed as the Provincial Commander for Serious Organised Crime Investigation (SOCI) within the DPCI in the North West Province”

On 1 September 2024, Maj-Gen Flynn was appointed as Component Head for Serious Organised Crime Investigation within the DPCI nationally and currently reports to Lt-Gen Mbotho, the DPCI Divisional Commissioner.

“On 1 September 2024, I was appointed to my current position as Component Head for Serious Organised Crime Investigation within the DPCI nationally. I currently report to Lt-Gen Mbotho, who is the DPCI Divisional Commissioner”

General Mbotho inquired with Maj-Gen Flynn about any operations being conducted by his unit in the Sandton area on 6 December 2024 at Mr Katiso Molefe's residence.

“General Mbotho gave evidence before the Commission about a takedown operation that had been undertaken on 6 December 2024 at Mr Katiso Molefe's residence, and he said that you were one of the Component Heads that he had enquired from as to whether your unit was conducting any operations in the Sandton area”

Maj-Gen Flynn confirmed that he denied any involvement of his personnel in the operation at Mr Molefe's residence and was at the Excellence Awards of the DPCI on that date.

“I confirmed the enquiry that was made by General Mbotho. By then, on that specific date, we were at the Excellence Awards of the DPCI. I was approached by the General and he made enquiries with me, and I denied that any of my personnel are involved in any operation at Mr Molefe's residence”

Maj-Gen Flynn did not receive details from General Mbotho about why the inquiry was made regarding operations in Sandton or about allegations that people were impersonating Hawks members at Mr Molefe's residence.

“No, I did not receive any detail, Commissioners”

Maj-Gen Flynn is aware of public incidents where people impersonated DPCI members to conduct raids at premises, indicating criminal impersonation activity targeting the DPCI.

“by that time there was a number of incidents where members of the public would impersonate them to be members of the DPCI and then take part in raids at premises etcetera, and indicate that they are DPCI members”

General Mbotho remained Provincial Head of DPCI North West when Maj-Gen Flynn was promoted to head office on 1 September 2024; Mbotho did not influence Flynn's move to head office.

“The General by then, when I got promoted to head office from the 1st of September 2024, the General Mbotho was by then still the Provincial Head of the DPCI North West, and so I arrived in head office before him”

The DPCI has operational components including Serious Commercial Crime, Serious Corruption Investigations, Serious Organised Crime, Forensic Accounting Investigations, and Priority Crime Specialised Investigations. The latter provide operational support but do not carry dockets or execute arrests.

“The DPCI has the following operational components: Serious Commercial Crime, Serious Corruption Investigations, Serious Organised Crime. Also operational support components like Forensic Accounting Investigations and Priority Crime Specialised Investigations that provide support but do not carry dockets or execute arrests”

The Tactical Operations Management Section (TOMS) reports directly to the Divisional Commissioner and is headed by Brigadier Mokoena; it is not technically a component of the DPCI.

“We also have the Tactical Operations Management Section, known as TOMS, which is not technically a component. They report directly to the Divisional Commissioner, and they are headed by Brigadier Mokoena”

Investigations conducted by Serious Organised Crime, Serious Commercial Crime, and Serious Corruption Investigations often overlap because organised crime involves corruption and related money laundering and fraud activities.

“the nature of the investigations that we are conducting tends towards overlapping. Because organised crime can, for instance, never take place without corruption. So there is always that corruption element. And then in terms of subsequent money laundering activities, obviously, it goes hand in hand with fraud, and that then includes the commercial space. So there is always that overlap”

Maj-Gen Flynn believes that organised crime always involves an element of corruption that enables the crime to flourish, including both private and public sector corruption.

“In order for that to happen, it is my experience that there is always an element of corruption involved in the perpetuating of these crimes...b y that, you mean corruption within what? Government spheres? What kind of corruption? Both private and public space”

Maj-Gen Flynn considers himself a career detective responsible for overseeing policy, standards, and performance of Serious Organised Crime Investigation nationally, with a strategic rather than operational role.

“I consider myself to be a career detective. Before my promotion to Component Head, I had an active role in investigating serious organised crime in the North West. These days, my role is more strategic than operational. I am responsible for maintaining policy and standards applicable to the SOCI component nationally. I also monitor the performance of Serious Organised Crime Investigation Units nationally and guide and oversee investigations within this space”

Maj-Gen Flynn has investigative capacity in all four sections at the head office enabling his office to take over investigations where provinces lack capacity, including total takeovers.

“within my space at the head office, I have investigating capacity within all four sections at the head office. So that enables my office to, for instance, take over certain investigations where there is problems, for instance, or where a province is not having the necessary capacity to deal with certain investigations. So it is not something strange for my office to receive a directive to oversee or to take over in its totality an investigation.”

The Port Shepstone cocaine theft investigation was taken over by Maj-Gen Flynn's component shortly after the 2021 incident, although Flynn was not head then.

“In terms of the Port Shepstone matter, that investigation was taken over by my component shortly after the incident in 2021.”

The Port Shepstone cocaine theft investigation started in November 2021.

“I confirm that, Commissioner.”

In 2021, Maj-Gen Khanaw headed the Serious Organised Crime Investigation component which initially held the Port Shepstone investigation.

“Maj-Gen Khanaw was heading the Serious Organised Crime Investigation component.”

There was significant progress in the Port Shepstone investigation only after Maj-Gen Flynn’s appointment as component head on 1 September 2024.

“I can confirm that there is substantial progress on the investigation subsequent to my appointment.”

Immediately after the Port Shepstone burglary was detected, the case was left with the detective service at Port Shepstone.

“Immediately after the house breaking was detected, the burglary at the Port Shepstone Serious Organised Crime Investigation Unit, the matter was left with the detective service at Port Shepstone.”

The Port Shepstone case concerns the November 2021 theft of cocaine from police custody in Port Shepstone.

“The primary purpose of this statement is to give evidence regarding the November 2021 theft of cocaine from police custody in Port Shepstone.”

The then DPCI head, Lt-Gen Lebeya, decided to establish a team to investigate the Port Shepstone matter, placing Maj-Gen Khanaw in charge until his retirement in August 2024, after which Maj-Gen Flynn took over on 1 September 2024.

“Shortly thereafter, the decision was taken by the then DPCI head, Lt-Gen Lebeya, to establish a team to investigate the matter. And then the responsibility to oversee that investigation or the investigation by then was placed on Maj-Gen Khanaw, who was overseeing it from then until he went on retirement by the end of August 2024, and I took up office on the 1st of September 2024.”

Maj-Gen Flynn was Provincial Commander for Serious Organised Crime Investigation (SOCI) in North West before being promoted to Component Head nationally.

“As stated earlier, I was the Provincial Commander for SOCI in Klerksdorp North West, and thereafter promoted to Component Head for SOCI nationally.”

Serious Organised Crime is defined as coordinated, structured, ongoing criminal conduct by groups involving serious offences prioritised nationally by SAPS.

“Serious organised crime is coordinated, structured, and ongoing criminal conduct carried out by criminal groupings involving serious offences which, by reason of their scale, sophistication, or societal impact, fall within the category of national priority offences contemplated in section 17(d) of the South African Police Service Act, Act 68 of 1995. Serious organised crime is a subset of national priority crime referred to in section 17(d) of the SAPS Act.”

The SOCI component includes investigating national priority violent crimes such as cash-in-transit robberies, trafficking in firearms or explosives transnationally and nationally by organised crime networks.

“According to the DPCI's mandate, the SOCI component includes ... national priority violent crimes such as cash-in-transit robberies and trafficking in firearms or explosives, both transnationally and nationally, by organised crime networks.”

The SOCI component has four sections: South African Narcotics Enforcement Bureau (SANEB) for drug trafficking and dismantling clandestine drug labs; Economic Protected Resources section investigating transnational import of metals, illegal mining, wildlife trafficking, and human trafficking linked to organised crime groups.

“The second section is the South African Narcotics Enforcement Bureau, commonly known as SANEB, which deals with all national and transnational drug trafficking offences, detection and dismantling of all clandestine drug laboratories, and other drug-related crimes. In the third section there is the Economic Protected Resources section, which investigates offences relating to transnational importing of non-ferrous metals and tampering with essential infrastructure in organised, complex, and sophisticated cases, transnational importing and exporting of precious metals, diamonds, and chrome, illegal mining committed in an organised fashion, wildlife trafficking, and then human trafficking linked to organised criminal groups or committed in an organised fashion by land, sea, or air.”

The fourth section in SOCI investigates Crimes Against the State including high treason, terrorism, and terror financing.

“And then the fourth section within the component is the Crimes Against the State component, which investigates crimes like, for instance, high treason, terrorism, terror financing, etcetera.”

Human trafficking is classified under Economic Protected Resources due to exploitation of victims, including slave labour and prostitution.

“The reason why it is under Economic Protected Resources is because of the exploitation of the victims. Thank you, Commissioner.”

Crime prevalence differs by province: North West most affected by illegal mining, illicit drugs, and firearm trafficking; Gauteng by illicit drugs, precious metals, firearms, ammunition, and cash-in-transit heists; KwaZulu-Natal by illicit drugs, CIT, and non-ferrous metals crimes; Western Cape (esp Cape Town) by illicit drugs, marine life crimes, firearms, ammunition, and gangsterism.

“The order of prevalence of these crimes will differ from province to province. In the North West, illegal mining, illicit drugs, and firearm trafficking are the most prevalent. In Gauteng, illicit drugs, precious metals and diamonds, firearms and ammunition, and cash-in-transit heists are the most prevalent. In KwaZulu-Natal, illicit drugs, CIT, and non-ferrous metals crimes are the most prevalent. And in the Western Cape, with specific reference to Cape Town, illicit drugs, marine life crimes, firearms and ammunition, and gangsterism-related offences are the most prevalent.”

Illegal mining in North West Province is conducted by heavily armed criminal groups controlling redundant mining sites and shafts, regulating access, extraction, and movement of materials.

“The police officials in the North West are faced with large-scale criminality by heavily armed criminal groupings conducting illegal mining activities at redundant mining sites or inadequately secured mine shafts. The illegal mining activities are conducted under the control or direction of organised groups or networks who regulate access to mining sites, coordinate the extraction of material, and control its onwards movement.”

Illegal mining groups are armed with automatic rifles, pistols, revolvers, and sometimes hand grenades, equipped with logistics and gold refining paraphernalia, and continuously engage in onward trafficking and money laundering.

“These illegal mining groupings that get illegal access to mine shafts, both underground and to protection surface, are armed with automatic rifles, with pistols, revolvers, and in some instances we even found hand grenades. At some of the scenes we will recover in excess of 100 or more rifles from the perpetrators, as well as sufficient ammunition to continue a firefight for at least 24 hours. In one instance we recovered only AK-47 ammunition, 6000 rounds of ammunition. It goes without saying that it shows us how well equipped these criminals are within the organised crime space. They have logistics supply chain streams that provide them with food, as well as gold refining paraphernalia that they use both underground and on surface, and then there is always visible and available market to facilitate the onwards trafficking with subsequent money laundering that is taking place on a continuous and ongoing basis.”

Unscrupulous licence holders in the mining industry sell extracted material through intermediaries which obscures origin and financial flows, enabling illegal gold to enter legitimate markets.

“The material is sold through intermediaries and may ultimately be refined or exported. The proceeds generated from such activities are often handled in cash or through informal channels which obscure the origin of the material and the financial flows associated with it.”

Illegally mined gold is mixed with lawfully mined gold in refining processes to make the material indistinguishable and facilitate its integration into legitimate markets.

“The refining process itself renders the material indistinguishable from lawfully sourced product, thereby facilitating its integration into the formal market.”

Legitimate refineries and processing companies sometimes knowingly buy illegally mined material.

“Indeed, Commissioners, there is a number of such cases already being dealt with in our courts or that is currently before courts in South Africa.”

There is no evidence that the refining licensing process involves organized crime in getting licences issued, including issuance of licences that should not be issued.

“I do not have any evidence to that effect, Commissioners.”

Cocaine and heroin enter South Africa commonly through established transnational maritime routes involving multiple countries and are produced mainly in South American countries and Afghanistan.

“Cocaine and heroin enter South Africa commonly through established transnational maritime routes involving multiple countries. Cocaine is typically transported from South America via West Africa. Heroin is commonly transported from regions such as Afghanistan through East Africa like Mozambique and into South Africa.”

Organised criminal networks use a rip-on-rip-off technique to smuggle illicit drugs concealed inside legitimate shipments, requiring corruption of officials at source and destination ports.

“The rip-off is normally done at its destination. Here again corrupt officials will break the seal, open the container, remove the contraband, and replace the ripped seal with the duplicate seal that has been placed in the container... The process requires the trafficking syndicate to identify a legitimate container with a legitimate consignment from a reputable company.”

The cocaine drugs were seized and taken to Maydon Wharf Police Station; Border Policing visited the company and placed a detention order on the container before the Directorate of Priority Crime Investigation (DPCI) arrived.

“The drugs were seized and taken to the Maydon Wharf Police Station . Prior to the DPCI arriving at the depot , members from Border Policing visited the company and placed a detention order on the container .”

On 30 July 2021, 999 kilogram bricks of cocaine were seized in Durban at the LCS Freight Logistics Depot inside a Scania shipping container containing truck parts from the port of Santos, Brazil.

“On 30 July 2021 , a tonne of cocaine … was seized in Durban at the LCS Freight Logistics Depot . The drugs were found at the back of a Scania shipping container containing truck parts . The container's port of origin was the port of Santos in Brazil .”

Border Policing received information about possible narcotics hidden in the container and arranged for a detention order to be placed on the container, showing timely action prior to DPCI arrival.

“In this specific case , they also received information about the possible narcotics that was hidden in that container , and that is why they arranged for that detention order to be placed on it .”

The 999 kilograms of cocaine seized on 30 July 2021 in Durban are different from the 1000 kilograms of cocaine stolen at Port Shepstone in June 2021.

“No , Commissioner , it is not the same drugs . ... It is a different seizure . ... The cocaine that was stolen was seized on the 22nd of June 021 .”

Border Policing's primary responsibility is within the harbour precinct, where they perform duties including inspections and seizure operations during normal course of business.

“Whenever there is a search and seizure operation , they are part of the operation by virtue of the fact that they are placed in the harbour precinct .”

Bricks of cocaine seized bear unique logos that serve as unique marks of individuals or syndicates operating in cocaine production regions such as Colombia, tracing the drug origin and suppliers.

“There is different logos that has been found on all these seizures . And the explanation for that is that it is the unique mark of certain individuals or syndicate that is operating within the production space of the cocaine in , for instance , Colombia , that place their fingerprint or their identity to that brick of cocaine .”

Criminal networks use duplicate seals on containers after removing cocaine to avoid detection by customs or port authorities, allowing them to reseal containers and avoid suspicion of tampering.

“Exactly the same , Commissioner . Then that is the mode for them not to be detected because if the seal number differs , obviously when that container is opened or before it has been opened , the final destination will detect that something went wrong and that the container was opened after it left the port of origin .”

Multiple logos on a single consignment indicate multiple suppliers in one consignment arriving in South Africa.

“You will also find that there is perhaps multiple supplier in one consignment that arrives in South Africa . And that is the reason why there will be multiple logos when such consignments are detected and seized .”

The cocaine bags seized had handles for easy and fast removal during criminal 'rip-on-rip-off' procedures to evade detection.

“It has handles . And the reason for that handle is to carry it easily . Because when criminals execute the rip-on-rip-off procedure , speed is of essence .”

Corruption takes place with both public officials and private individuals in the harbour and depots to facilitate rip-off or illicit opening of shipping containers containing narcotics.

“Corruption takes place within both the public and private space . So when we refer here to officials , it does not necessarily meant that it is government officials . It can also include officials working in the harbour or at the depots where these containers get opened and unpacked in some instances or forwarded by means of road freight . So it goes for both sides .”

Cocaine and heroin are smuggled into South Africa primarily for the local market but also repackaged for onward trafficking overseas, usually to Europe. Port authorities are vigilant about vessels from the Port of Santos due to drug trafficking prevalence. Successful entry into Europe is more likely if the consignment is rerouted through less suspicious countries before onward movement to Europe.

“Cocaine and heroin are smuggled into the country primarily for the local market but is also repackaged for onward trafficking to another country. In other words, the criminal grouping in South Africa would assist in repackaging the drugs to make it easier for onwards smuggling to another country, usually to Europe. Port authorities are particularly vigilant when vessels arrive from Port of Santos because of the prevalence of drug trafficking from that port. Successful entry into Europe is more likely if the consignment is rerouted to less suspicious countries before onwards movement to Europe.”

Main trafficking hubs in South Africa include Durban Harbour, OR Tambo International Airport, and Lebombo Port of Entry. Bulk imports mostly occur via Durban Harbour. Smuggling via OR Tambo is mainly by drug mules carrying drugs on their person or in body cavities, while bulk trafficking through shipping containers is conducted by sophisticated syndicates. Smaller harbours are used to a lesser extent.

“The main trafficking hubs in South Africa are the Durban Harbour, OR Tambo International Airport and the Lebombo Port of Entry. Bulk imports are mainly through the Durban Harbour. The smuggling via OR Tambo International Airport is primarily by way of people referred to as drug mules who would smuggle the drugs in their luggage or on their person, such as in body cavities. Bulk trafficking through shipping containers is usually undertaken by sophisticated syndicates. Commissioners, I can also just mention here that except for these harbours, the Western Cape, Cape Town Harbour, Saldanha Harbour, as well as harbours, smaller harbours towards Port Elizabeth and so forth, are all being used to a lesser extent although for these smuggling and trafficking activities.”

Synthetic drugs in South Africa are made by chemical processes rather than derived from natural plants, with chemicals sourced through lawful supply chains but diverted for unlawful purposes. Controlled substances used to manufacture synthetic drugs are also imported illegally or smuggled into South Africa. The most prevalent synthetic drugs are methamphetamine (crystal meth or tik), and methaqualone (Mandrax). Facilities producing synthetic drugs are called clandestine drug laboratories (CDLs), including super labs and kitchen labs. Kitchen labs are often located in businesses or residential areas and use readily available equipment like stoves.

“Synthetic drugs are manufactured through chemical processes rather than derived from natural plants sources. In many instances, since they are not classified as controlled substances in South Africa, the chemicals used to manufacture the drug are sourced through lawful supply chains but are then diverted or misused for unlawful purposes. Controlled substances are also imported illegally or smuggled into South Africa. The most prevalent synthetic drugs in the country are methamphetamine, known as crystal meth or tik, methaqualone, known as mandrax. Synthetic drugs are manufactured at what is referred to as clandestine drug laboratories or CDLs. There are super labs and kitchen labs. Kitchen labs are found in businesses and residential areas and the equipment used to manufacture the drugs are the readily available equipment such as stoves and other kitchen equipment or appliances.”

Methamphetamine manufacture in South Africa uses controlled substance ephedrine imported mainly as a liquid form from the ephedra tree in Afghanistan. The active ingredient for methaqualone (mandrax) is methaqualone itself. Ephedrine is imported illegally or smuggled because it is controlled and cannot be lawfully purchased without legitimate reasons such as medicine manufacturing. Smuggling occurs via misrepresentation on import documents or illegal importation.

“when it comes to methamphetamine, the controlled substance used there is ephedrine. You get plant-based ephedrine from the ephedra tree in Afghanistan and then you get the chemicals. Obviously, that is man-made or laboratory-made and that is the ephedrine as a liquid in a liquid form. And then the active ingredient of methaqualone, of mandrax, is methaqualone. ... So it means that the only way to get it into the country is by means of either misrepresentations on the import documents or smuggling activities into South Africa.”

Super labs are large-scale drug manufacturing operations using specialised and imported equipment, typically located in remote areas like farms and small holdings to avoid detection. They manufacture significant quantities of drugs, which are then distributed through complex networks. In July 2024, a super lab in Groblersdal, Limpopo Province, manufacturing methamphetamine valued at about R2 billion was dismantled by the DPCI, with five suspects arrested.

“Super labs are large-scaled drug manufacturing operations using specialised equipment and producing drugs in significant quantities. They have extensive infrastructure with specially designed equipment, extraction fans, and reactor vessels. The special equipment is available in the country but is predominantly imported. Super labs are usually found in remote areas on farms and small holdings. These locations reduce the likelihood that activities such as unusual odours associated with manufacturing of large volumes of drugs, noise, or waste disposal will be observed. Once the drugs have been manufactured, they are distributed or disseminated into the market via complex networks. A manufacturer who has a super lab and thereafter distributes the drugs within their own network is referred to as an apex role player or syndicated leader. In July 2024, the DPCI detected and successfully dismantled a super lab on a farm in Groblersdal, Limpopo Province, where methamphetamine was being produced. Methamphetamine to the value of approximately R2-billion was seized and five suspects were arrested.”

Extractor fans and burners are industrially used components in various industries including mining; however, specific reaction vessels needed for illegal drug manufacturing are not readily available legally and need to be imported illegally or manufactured locally with misrepresentations.

“the extractor fans are industrially used in a number of industries... the reaction vessels because it needs to be a specific vessel that is scientifically developed... So that vessels need to be either manufactured in South Africa or illegally imported with misrepresentations”

Reaction vessels used in illegal synthetic drug manufacturing are exclusively for illegal purposes, and authorities including SAPS are not aware of any manufacturers of these vessels in South Africa, but they are known to be manufactured abroad.

“from my own knowledge, these reaction vessels are exclusively used for the illegal purposes... Not in South Africa, Commissioner, but abroad indeed”

Synthetic drugs are primarily manufactured for local market consumption but may also be sold to markets beyond South Africa's borders.

“Synthetic drugs are manufactured primarily for the local market but may also be sold to markets beyond the border”

Mexican nationals arrested in synthetic drug cases are well known as among the best at manufacturing synthetic drugs or acting as 'cooks' in this illicit trade.

“Of the five suspects, three were Mexican Nationals... it is well known within the illicit drug manufacturing space that Mexican Nationals tend to be the best at manufacturing synthetic drugs or at being cooks within that space”

Since synthetic drugs can be made locally with available chemicals, imports of synthetic drugs like Mandrax are very rare; however, there was a seizure of 47 kilograms of Mandrax at Durban's CHC depot in February 2020.

“Since synthetic drugs can be made in the country with chemicals available in the country, it is very rare that synthetic drugs to be imported to the country. However, in February 2020, there was a seizure of 47 kilograms of Mandrax in Durban at the CHC depot”

Criminals involved in synthetic drug manufacture often diversify to trafficking cocaine, heroin, and other substances depending on market demands.

“Manufacturers of synthetic drugs, superlab manufacturers, do not confine themselves to the synthetic drug trade... are likely also involved in trafficking of cocaine and heroin and other substances”

The 47 kilograms of Mandrax seized in Durban was booked into the SAP13 at Isipingo Police Station, with further details to be provided later in evidence.

“the Mandrax was booked into the SAP13 at Isipingo Police Station... will be attended to later on in my evidence”

Synthetic drug criminal networks do not confine themselves to one commodity but vary their market involvement based on distribution networks and market needs.

“these criminals do not confine themselves just to one commodity. It depends on their market and their distribution networks and what is then need for or what is required by the market”

Cocaine is the most expensive drug, with methamphetamine as a preferred drug alongside it, while Mandrax is used extensively in poorer communities due to its lower cost.

“cocaine is the most expensive drug of it all... the preferred drug, in addition to cocaine, is methamphetamine... extensive use of Mandrax, especially in poorer communities, due to the fact that it is less expensive”

Cocaine arrives in a fairly pure form but is often 'cut' or mixed with other substances to increase volume before distribution at intended prices.

“when the cocaine arrives here, it is fairly pure in nature. But then the cocaine gets cut, so it gets mixed with other substances so that they expand on the volume that can be distributed into the market by still selling it off at the price that they intend to sell it off as being pure”

Synthetic drug kitchen labs are prevalent throughout South Africa, but superlabs mostly affect Gauteng, Limpopo, Northwest, and Mpumalanga provinces, likely due to a drier climate favorable for manufacturing.

“the kitchen labs are throughout... specific provinces... Gauteng, Limpopo, Northwest, and Mpumalanga to a large extent are mostly affected... it speaks to the climate, and a more drier climate than coastal provinces, which will make it easier for manufacturing purposes”

Combating clandestine synthetic drug labs is a focus area for the Directorate for Priority Crime Investigation (DPCI) and SAPS, requiring a whole-of-government and community approach.

“it is a focus area not just of the DPCI, but of SAPS in general... a whole-of-government and a whole-of-community approach, wherever that can assist to dismantle clandestine laboratories”

It is difficult to assess success in dismantling clandestine drug operations due to secrecy, but there is an increase in demand for synthetic drugs causing influx of Mexican nationals into South Africa.

“it is always difficult to say whether we are winning the war... because these crimes are committed in secrecy... there is an increase in the need for synthetic drugs, and that is the reason for the influx of Mexican Nationals into South Africa”

MAJ-GEN FLYNN is not aware of police involvement in clandestine drug laboratories but cannot exclude the possibility.

“I am not aware of police involvement in any of the matters that crossed my table... I cannot exclude it”

Drug supply happens under the protection of police officers, making it difficult for communities to combat drug trade effectively.

“That that happens under protection of police officers, and that is why even communities are unable to win when they try and fight that”

Community members aware of drug supply under police protection should report the activities to higher levels within SAPS and DPCI for attention and investigation.

“if community members are aware of such, is to report that activities to higher levels within SAPS and the DPCI, and we will definitely give the necessary attention to it”

Clandestine drug laboratories of various sizes and types are detected in South Africa approximately 20 times per year.

“on an annual basis, clandestine laboratories of different size and nature are detected within South Africa approximately 20 per annum”

The DPCI is mandated to address clandestine drug laboratories (CDLs) manufacturing synthetic drugs and the import/export of drugs, relying mostly on intelligence from informants and international law enforcement.

“The DPCI is mandated to address both CDLs, where synthetic drugs are manufactured, and the importing and exporting of drugs. Most seizures depend on intelligence either from informants or international law enforcement agencies or when it is stumbled upon by port authorities”

A specific high-profile drug seizure case (Groblerdal matter) is still before court, with a possibility of plea and sentence agreement expected later in May 2026.

“it came to my knowledge this morning that the matter is still before court and there is a possibility of a plea and sentence agreement on the matter. It is postponed till later in May of this year for a decision on that matter”

Proper crime scene management during drug seizures is critical to preserve evidence for successful prosecutions, involving multiple specialized units including SANEB, forensics, and protection teams.

“During a seizure operation, preserving the crime scene for further investigation and the gathering of evidence is crucial ... it requires the involvement of various units, including members of the South African National Narcotic Enforcement Bureau, SANEB, detectives, crime intelligence, forensic experts from the Forensic Science Laboratory, Local Criminal Records Centre, and the protection team to cordon off the scene”

The crime scene must be cordoned off to prevent unauthorized access, and key players such as DPCI investigators and K9 dogs must be present.

“The crime scene must be cordoned off to ensure that no unauthorised individuals gain access to the scene. Ensure that the necessary role players are present or on standby. In a container drug bust, this would be at the minimum, be the DPCI investigators, K-9 dog, and LCRC to collect evidence”

Forensic Science Laboratory experts are specifically called out to clandestine drug labs due to the hazardous and sophisticated nature of dismantling operations.

“FS L is the Forensic Science Laboratory, and the reason why they are specifically called out to clandestine drug laboratories is because of the sophistication involved with those processes that is taking place there”

The FSL falls under the Detective and Forensic Services under a Divisional Commissioner role, currently filled by Maj-Gen Mogale (acting), with Lt-Gen Senthumule as Deputy National Commissioner.

“FSL falls within the Detective and Forensic Services under the Divisional Commissioner for that space. Currently, it is Maj-Gen Mogale is acting in the post, but the actual incumbent is Lt-Gen Senthumule, who is currently the Deputy National Commissioner”

Exhibit management is critical; improper management can be fatal to successful prosecutions. Exhibits must be sealed in forensic seal bags and entered in SAP13 registers at police stations where they were found or crime committed.

“Exhibit management is equally important. Improper exhibit management can be fatal to a successful prosecution ... All exhibits must be sealed in forensic seal bags with unique seal numbers before being removed from the crime scene ... All property and exhibits seized must be entered in the SAP13 register of the relevant police station where the crime was committed or where the property was found and then transferred to the relevant unit and entered in the SAP13 of the relevant unit”

Under normal circumstances, samples are not taken at the crime scene during cocaine seizures except for a presumptive test which involves making a small hole in one of the bricks to test its color to confirm cocaine presence, and then sealing the exhibit to maintain chain of custody.

“under normal circumstances, there is no need to obtain samples at the crime scene. What is being done during cocaine seizures is that there is a presumptive test that is being done. What that means is that the lead investigator or the crime scene manager would make a small hole in one of the bricks, obtain a small sample, then place that sample into a chemical basis. That is the presumptive test. If it colours blue, it means that indeed it is cocaine. That is the only sampling that needs to be done at that point in time. In order to maintain the credibility of the crime scene, it is important, after all the necessary tests were conducted by our experts, to seal the exhibits there and then because then you also maintain the chain of custody”

Presumptive cocaine testing is not done by tasting with the tongue as seen on TV, according to the witness.

“So, General, what we see on TV where they test it with their tongue, that is not how it works in real life.”

Cat (a plant from North Africa) must be submitted to the forensic science laboratory within a specific period before it rots; only samples are taken for analysis, not the entire consignment, similar to dagga where entire consignment submission is impractical.

“Cat is a plant that is originating from North Africa. Obviously, and that plant needs to be submitted to FSL within a specific period because otherwise it becomes rotten. So only samples are taken and then submitted to FSL. That is the only sampling. With dagga, obviously, it means that when a cultivation facility is dismantled, you might sit with a whole warehouse full of dagga. So, it is just not practically possible to submit that whole consignment for analysis to the forensic science laboratory. So, it is all about practicality.”

The destruction of seized narcotics is managed by the forensic science laboratory after an investigation or case docket is finalized in court, including an SAP83A document submission authorizing destruction.

“upon completion of an investigation or a case docket, if it is finalised in court, we submit a document back to the forensic science laboratory. It is called an SAP83A, where we indicate that the narcotics can be destroyed. The same applies to an enquiry investigation that is been closed, that there are no further leads. We also submit that SAP83A, and then it is up to the forensic science laboratory to destroy the narcotics that was seized”

Investigations into seized drugs without identified owners or recipients are predominantly dealt with under enquiries, and exhibits are still submitted to the forensic science laboratory, examined, and reports obtained before decisions on arrest or closure are made.

“in practise, those types of matters are dealt with predominantly under enquries. The same processes need to be followed. The exhibits must still find its way to FSL. Where it is examined, you obtain your report from the experts. It is placed in the enquiry, obviously based on the merits, whether somebody or the consignment can be attributed to a person or entity. Then it will be converted into a case docket and then arrests will follow. Otherwise, if there are no further leads, then the matter will be closed down, and then notification be provided to the forensic science laboratory for destruction”

Every enquiry and case docket investigation has a unique electronic reference number allocated, which is archived but remains available indefinitely.

“There is a unique reference number that is allocated to each enquiry and case docket investigation, and it is available, it is electronically system-driven, so it is available forever. And then after the enquiry is closed down, obviously it is archived, but still available”

A protocol on the search, seizure, handling, processing, and disposition of illicit drugs was adopted in October 2016 that must be complied with during seizures and subsequent processes including photographing exhibits at the crime scene and issuing reports to the responsible investigating officer.

“a protocol on the search, seizure, handling, processing and disposition of illicit drugs was adopted in October 2016 that must be complied with during the seizure of illicit drugs and the processes thereafter. The protocol is attached and marked as HHF 3. Importantly, the exhibit must be photographed by the crime scene examiner from LCR or the forensic examiner from FSL. The photograph of the exhibit or items seized at the crime scene must be provided with a report issued by the crime scene examiner to the responsible investigating officer”

The witness only became involved in the June 2021 Durban cocaine seizure matter after his appointment as the head for serious organized crime investigation, succeeding Maj-Gen Khana.

“as I have testified earlier, I only became involved in this matter after my appointment as the competent head for serious organised crime investigation at head office after the departure of Maj-Gen Khana. So, after I took up the position, obviously I engaged with the investigators on the matter and that is how I became privy to the facts of this matter”

On 21 June 2021, intelligence indicated that a container at CHC container depot in Isipingo, Prospecton, Durban possibly contained illicit drugs, prompting retrieval of the container for inspection.

“Following intelligence received on 21 June 2021, a container that was at the CHC container depot in Isipingo, Prospecton, Durban had been identified as possibly containing illicit drugs. The depot was called in order to retrieve the container for inspection”

Colonel and Warrant Officer Mpangase from DPCI were contacted to assist in inspection of a container that allegedly had 27 kilograms of cocaine, which was later corrected to 27 bags, not kilograms.

“both Jacob and Mpangase, they were based at the DPCI in Durban: “We were contacted and informed of the intelligence that had been received. They were requested to assist with conducting the inspection of the container which allegedly had 27 kilograms of cocaine at the time. It was not 27 kilograms it later emerged that it was 27 bags and not 27 kilograms.”

Crime Intelligence Officer Captain Justice Jabulani Duma conducted a search and seizure of the identified container containing animal bone meal as a legitimate consignment, following proper procedure with photographic evidence of intact seal.

“Crime Intelligence Officer Captain Justice Jabulani Duma went to the depot to conduct a search and seizure of the identified container. According to the official documentation obtained from the depot and the company, who had ordered the legitimate consignment in the container, the container contained animal bone meal from a supplier in Brazil. The officers proceeded to break the seal of the container in the presence of Captain Duma as well as the Warehouse Manager and Operational Response Services, ORS, Border Policing. According to the officers, prior to breaking the seal, a photo was taken to evidence that the seal was intact.”

The seal of the container was photographed before opening to ensure proper crime scene management and chain of custody, as it might need to be resealed if no evidence found.

“obviously its speaks to proper crime scene management but also the chain of custody of the exhibits. It might be that nothing is found in the container and then it needs to be resealed. So obviously you need to follow due processes to ensure that good governance also dictates at that possible crime scene because it is not a crime scene yet when you are at the brink of opening the container.”

The container, once opened, contained numerous canvas bags inspected by DPCI officers; 7 bags contained suspected bricks of cocaine wrapped in black and yellow plastic with TikTok and Jaguar logos, amounting to 541 bricks weighing 1kg each with street value between 200 and 250 million Rand.

“The bags were inspected by the DPCI officers and 7 bags containing what was suspected to be bricks of cocaine were uncovered. The bricks were wrapped in black and yellow plastic with TikTok and Jaguar logos on the packaging. There were 541 bricks of cocaine weighing 1 kilogramme each with a street value of between 200 and R 250 million.”

The cocaine consignment was found in the back of the container alongside the animal bone meal and was wrapped with multiple layers of protective wrapping to conceal it and facilitate removal quickly.

“from the packaging where the cocaine is at the entrance to the container, it is clear that this is also an example of a rip-on-rip-off methodology that would have been applied here. So, you need quick access to the drug store remove it and obviously to get it away from the container as soon as possible.”

The logos on the cocaine packaging enabled fingerprint or identity identification of the supplier, but this is part of a larger transnational narcotics smuggling case that the witness prefers not to delve into for the commission.

“this is a clear example where you can see the fingerprint or the identity of the supplier with the different logos fixed to the bricks of cocaine. Obviously wrapped with multiple layers of wrapping to protect the contents of the brick. This is part of the evidence that I would prefer not to delve too deep into because this is transnational smuggling of narcotics in nature and this goes back to the origin of the cocaine that has been smuggled into South Africa.”

The suspected cocaine was conveyed by Colonel Jacob, Warrant Officer Mpangase, KGSibiya, and Sergeants Govender and Mkhize to Isipingo Police Station for detailed counting.

“The officers decided to convey the suspected cocaine to the Isipingo Police Station for a detailed count. According to the officers, the crime scene was becoming busy with warehouse staff. Colonel Jacob, Warrant Officer Mpangase, KGSibiya, and Sergeants Govender and Mkhize loaded the canvas bags into a marked police vehicle.”

Sergeants Govender and Mkhize are from Border Policing based in Durban Harbour and are not part of DPCI.

“No, Commissioners. They were from Border Policing based in Durban Harbour.”

Warrant Officer Mpangase entered the exhibits of seized cocaine into the SAP 13 register at Isipingo Police Station, with Warrant Officer Perumal acknowledging the entries.

“At the police station, Warrant Officer Mpangase entered the exhibits into the Isipingo SAP 13. Warrant Officer Perumal of the Isipingo Police Station responsible for the SAP 13 register acknowledged that the exhibits were entered into the SAP 13.”

The SAP 13 is an exhibit register kept in the community service centre or charge office, where officials enter details of exhibits and the clerk acknowledges receipt, placing exhibits in safe custody.

“Well, Commissioners, the procedure is that the SAP 13 or the exhibit register during normal or 24-hour basis is kept in the community service centre or the charge office as it is known. So whenever exhibits need to be entered, the official like Warrant Officer Mpangase would then get hold of the register and then enter all the exhibits into that register and sign that he is handing that exhibits into the register. So, he will have to give a full explanation of the exhibits that is being handed in, the exhibits seal numbers, the contents of the exhibits, etcetera. So, there is a whole array of aspects that need to be covered when exhibits are entered into that register. Subsequent to that, the officer in command of the SAP 13 or commonly known as the SAP 13 clerk will then acknowledge the exhibits, so he will sign for the exhibits and then place it in safe custody within the walking safe at that specific police station.”

Exhibits (bricks of cocaine) need to be sealed in Intervoid non-tamper evidence bags to preserve integrity and maintain chain of custody.

“it is important to seal all exhibits as far as possible at the crime scene in order to preserve the integrity of the crime or obviously the investigation but also the chain of custody . So , it means that the exhibits , the bricks of cocaine , need to be placed in , they call it Intervoid non - tamper evidence bags and then it gets sealed and each and every bag has a unique reference number .”

At the time officers entered exhibits into the SAP 13 register, the exhibits were not sealed and had no seal numbers.

“No , Commissioners , because the exhibits was not sealed .”

Officers entered only a description of the exhibits into the SAP 13 register without seal numbers due to the lack of sealing.

“That is correct , Commissioners .”

Proper crime scene notes or contemporaneous notes were not kept by the lead investigator during the counting process of the exhibits, so independent verification is difficult.

“Yes , indeed , Commissioners . If proper crime scene notes or contemporaneous notes were kept by the lead investigator , obviously during that counting process there it will be recorded , either in a pocket book or on foolscap . That is the first safeguard .”

The standard safeguards of sealing, logging and forensic lab verification of exhibits did not happen in this particular case.

“None of that happened here ? Those steps that you are describing ? - That is correct , Commissioner .”

Non-tamper evidence bags preserve integrity because any tampering would be clearly visible, thus preventing evidence tampering.

“The importance of that , Commissioners , is that we preserve the integrity of the exhibits . So , it means that whenever that exhibit arrives in that exhibit seal bag at FSL and it has been tampered with , it will be clearly visible . Whether the seal was , for instance , somebody tried to open it or somebody tried to cut the bag and then remove exhibits and then reseal it , that will be evident .”

Under normal circumstances only forensic science laboratory analysts are authorized to open the non-tamper evidence bags.

“But under normal circumstances , it will obviously be at the Forensic Science Laboratory where the analyst that the matter is assigned to will open the exhibit bag .”

If a forensic analyst requests an investigator opens the non-tamper evidence bags to obtain a sample, this would be extremely strange and contrary to protocol.

“Commissioners , if that happens , I will find it extremely strange because the exhibits , according to the protocol , needs to be submitted to the Forensic Science Laboratory for , obviously , the weighing of the exhibits , photographing , the actual analysis , because especially in a major drug bust it serves no purpose for an investigator who has perhaps no scientific background to obtain samples , because we do not even know if it will be randomly obtained . So , it makes no sense .”

Warrant Officer Perumal did not keep exhibits in his safe custody but immediately booked them out due to lack of storage space at Isipingo SAPS.

“So , it means that Warrant Officer Perumal did not keep the exhibits in his safe custody . It was booked out immediately . ... According to the officers , there was not sufficient space at the Isipingo SAPS to store the exhibits . According to Warrant Officer Perumal no enquiry was made with him regarding capacity to store the exhibits in the armoury at Isipingo SAPS .”

After consultation, Brigadier Campbell Nyuswa instructed that the cocaine be taken to Port Shepstone for storage, consulting Maj-Gen Senona Provincial Head of DPCI KZN.

“According to Colonel Jacob , Brigadier Campbell Nyuswa gave an instruction to take the cocaine to Port Shepstone for storage after consulting Maj - Gen Senona Provincial Head of DPCI KZN .”

Brigadier Nyuswa was the Provincial Commander for Serious Organised Crime within KZN DPCI and was formerly in that position in North West, reporting to Maj-Gen Senona at the time of this case.

“Brigadier Nyuswa is the Provincial Commander for Serious Organised Crime within KZN DPCI , Commissioner . ... That is correct , Commissioner . ... By then he would have been reporting to Maj - Gen Senona .”

Exhibits were transported to the DPCI Port Shepstone Serious Organised Crime Investigation Unit premises for storage, with Lt-Col Prinsloo as Unit Commander; Maj Gen Senona took possession of the strongroom keys after storage.

“The exhibits were transported to the DPCI Port Shepstone Serious Organised Crime Investigation Unit is premises for storage . Lt - Col Prinsloo , who was the Unit Commander of the DPCI SOCI , was informed of the arrangement and allowed the strong room at the premises to be used to store the exhibits . General Senona took possession of the keys to the strong room after the exhibits were stored .”

Lt-Col Prinsloo was Acting Unit Commander reporting directly to Brigadier Nyuswa during the time of these events.

“Commissioners , he would have been reporting to Brigadier Nyuswa as a direct line of command as the Brigadier was or is in command of Serious Organised Crime Investigation .”

General Senona took possession of the strongroom keys and a proper audit process includes conducting an audit and handing over of the SAP 13 facility and vault keys.

“It is in fact a very simple process , but the key holder , obviously when you take over a SAP 13 facility , you need to obviously conduct a proper audit of all the exhibits there . ... there needs to be a proper handing over of that facility then , obviously as well as the key or keys to the SAP 13 or the vault .”

In practice, the SAP 13 custodian maintains command and control over a SAP 13 facility, not the Provincial Head.

“In practise , it is the SAP 13 custodian that will maintain the command and control over a SAP 13 facility . By no means the Provincial Head .”

If exhibits were left at Isipingo SAPS, the responsibility for the exhibits would be with the station commander and the SAP 13 clerk to keep them secure.

“it would have been the responsibility of the station commander and obviously the SAP 13 clerk to ensure that the exhibits are kept behind lock and key”

Once the Directorate for Priority Crime Investigation (DPCI) booked in and out the exhibits, they assumed responsibility for them.

“The moment the DPCI booked it in and booked it out immediately, they assumed responsibility for that exhibit”

The DPCI has authority to have separate SAP 13 facilities and can lawfully remove exhibits from Isipingo SAPS to their warehouse at Port Shepstone.

“There are provisions in the National Instructions that the DPCI is having authority to have separate SAP 13 facilities... It is lawfully removed indeed”

General Senona became the key holder responsible for the vault holding the exhibits at Port Shepstone.

“General Senona became the key holder”

The key holder must satisfy themselves about the contents of the vault before assuming responsibility for them.

“ordinarily a key holder would have had to satisfy themselves about what is in that space for which they are holding a key”

General Senona was present at Port Shepstone when exhibits were placed in the SAP 13 facility or vault.

“General Senona was present at Port Shepstone when the exhibits were placed in the SAP 13 facility or the vault”

The SAP 13 clerk or custodian is the only person allowed to open and lock the vault to maintain chain of custody and accountability.

“the SAP 13 clerk or the custodian is the only person who is allowed to open that vault and to lock it again because that maintains, obviously, chain of custody and ensure that if anything goes wrong...”

On 23 June 2021, officers sealed the exhibits at Port Shepstone with assistance from Port Shepstone personnel.

“On 23 June 2021, the officers sealed the exhibits with the assistance of Port Shepstone personnel”

Major General Senona provided the key to Warrant Officer Mpangase to access the vault and perform sealing duties and later obtain samples on 23 and 24 June 2021.

“Maj-Gen Senona provided the key to Warrant Officer Mpangase to gain access into the vault and to perform the duties to seal the exhibits and then to go back and obtain samples of it”

Warrant Officer Mpangase was given the key but did not attend the premises to ensure appropriate actions were performed.

“He gave the key he did not attend the premises to ensure that they are doing what they supposed or what they intended to do”

The sealing of exhibits at Port Shepstone usually should be done at the crime scene, but was done ex post facto at the police station on 23 June 2021.

“Basically, the exhibits are then placed in the bags and then sealed. But it is ex post facto. It was supposed to be done at the crime scene”

The custodian of SAP 13 is the only person authorized to open and close the storage facility, and Officer Mpangase did the opening on 23 June 2021.

“The custodian of the SAP 13 ... Only that person can open and close. And this time you say it was Officer Mpangase who did. That opened.”

The process of accessing the vault was not followed properly when Maj Gen Senona gave the key to Officer Mpangase to open the vault and perform sealing and sampling duties without being present.

“if General Senona had proper control over the key, he was supposed to open that safe and not provide the key to anybody under his command to go into that facility because he will never be able to account for what transpired therein his absence”

There is no requirement that the custodian keeps a register of every person accessing the strongroom or requesting access to keys; investigators only need to book out exhibits to take them to the forensic lab.

“Not necessarily, Commissioners, because the only reason why an investigator will go back to an SAP 13 will be to book out the exhibits ... There is no specific provision for investigators to go into that type of facilities”

Investigators are not scientists and thus would not know how to properly obtain random samples from exhibits to enable forensic analysis; therefore, samples should be sent as whole exhibits to the forensic laboratory.

“Investigators are not scientists. We do not have knowledge about random sampling for that process to be correctly performed ... So, it does not make sense why the colleagues went back to that facility to obtain samples”

Samples were taken on 24 June 2021 and forwarded to the Forensic Science Laboratory for analysis, although the necessity of this was questioned.

“According to the evidence, indeed, there were samples taken and submitted to the Forensic Science Laboratory”

It was never the intention to take the entire batch of exhibits (541 kilobytes) to the Forensic Science Laboratory (FSL).

“The only conclusion I can come to is that it was never the intention to take this whole batch of exhibits to the Forensic Science Laboratory.”

In drug bust cases, physical evidence like fingerprints and DNA from bricks and container seals is crucial to link persons to the shipment; failure to collect this evidence reduces chances of identifying perpetrators.

“In drug bust cases, the presence of drugs within a shipment does not in itself establish knowledge on the part of persons associated with that shipment. Thus, evidence collected at the crime scene is crucial, especially physical evidence in the form of fingerprints and DNA from the bricks and the container seal and the wrapping used to wrap the drugs. If this evidence is not collected or collected incorrectly, the already slim chance of identifying the perpetrators is made all the more unlikely.”

Finding perpetrators of consignments in trafficking cases is generally not successful, especially with rip-on-rip-off methods where crimes are secretive and known only to sender and final destination.

“Commissioners, not that successful, especially in cases where the rip-on-rip-off method is being utilised due to the fact that these crimes are committed in secrecy and only the sender and the final destination obviously know about this consignment.”

Officers attending the crime scene decided to process exhibits at the Isipingo SAPS because the crime scene was busy and needed to be secured by cordoning off.

“The officers attending to the crime scene alleged that the crime scene became busy and therefore the decision was made to process the exhibits at the Isipingo SAPS. However, the officers had to secure the integrity of the crime scene by cordoning it off.”

No photographs or sketch plan of the container location at the crime scene were taken or produced, making it difficult to verify if processing disturbed the crime scene.

“Since no photographs were taken of the location of the container and no sketch plan of the crime scene has been produced, it is difficult to verify that processing the crime scene could have been disturbed by the activity at the depot.”

The crime scene refers to the individual container once offloaded from the ship, not the ship or the warehouse.

“In these circumstances, obviously it is at the warehouse. So, after the container was offloaded from the vessel at the docks, it is then transported to a specific container warehouse or a depot, and then from there it is disseminated further or unpacked. So that is the crime scene. It is at the warehouse, which is a controlled environment.”

The LCRC (Crime Scene Examiner) should have been contacted at the crime scene, but FSL was called and declined to attend as it was not a clandestine lab case.

“According to the protocol and the national instruction, the DPCI officer's ought to have contacted a crime scene examiner from LCRC. As indicated earlier, the FSL is contacted where the crime scene is a clandestine drug laboratory. In this instance, the LCRC had to be contacted. According to the version recorded in the factual report prepared by Maj-Gen Senona on 9 November 2021, the DPCI officers stated that they called FSL, Forensic Science Laboratory, on the standby number in order to attend the scene, but FSL stated that they could not attend because it was not a clan labs scenario.”

Colonel Jacob was in charge of the operation at the dock during the bust and assumed responsibility as the most senior officer on scene.

“It was Colonel Jacob, who was the most senior officer, so obviously he assumes responsibility and takes control and command of the scene Commissioner .”

Colonel Jacob had extensive experience in crime scene management and narcotics operations prior to this bust.

“He was extremely experienced . The colleague by then was the team leader for the narcotics team or the SANEB team at Durban Serious Organised Crime Investigation, and he subsequently became the commander, so he is very experienced .”

There was no explanation why the LCRC was not contacted to handle the crime scene; photographs and evidence handling should have been done by LCRC crime scene examiners at the scene.

“There is no explanation why LCRC was not contacted . The officers indicate that photographs were taken by them at the crime scene . The photographs must be taken by the LCRC crime scene examiner, whom must prepare a report thereafter . No finger prints were uplifted and no DNA collected . This would have had to be done by the LCRC crime scene examiner .”

Exhibits from the crime scene were sealed only after the cocaine was transported and stored in Port Shepstone, contrary to proper procedure.

“Furthermore, the exhibits had to be sealed at the crime scene but was only done after the cocaine was transported and stored in Port Shepstone .”

Colonel Jacob and his team were all experienced and there was no need for things to go wrong at the crime scene under his supervision.

“From the knowledge that I have is that the colleagues that were present at this crime scene under the supervision of Colonel Jacob were all experienced . There was no need for things to go wrong .”

No disciplinary or follow-up training steps were initiated after the mishandling of the exhibits and crime scene procedures in this case.

“According to my knowledge, no steps were initiated, Commissioners . And I am not aware of follow-up workshopping or training that took place to empower colleagues within that space .”

Captain Duma from Crime Intelligence specifically requested Colonel Jacob to be part of the operation on 22 June 2021 via the provincial offices.

“Well, via the provincial offices , Captain Duma requested specifically Colonel Jacob to be part of this operation , Commissioners .”

Colonel Jacob was on leave and returned from leave to attend the operation after being requested to do so.

“He was on leave, Commissioners, so he returned from leave to attend to this operation .”

The directive for Colonel Jacob to attend the operation came from the provincial office, not directly from Captain Duma.

“But the directive came from the provincial office .”

Colonel Jacob's direct superior at the time would have been the unit commander, who reported up to Brigadier Nyuswa as provincial commander.

“At that time, if he was the team leader for SANEB, then it would have been the unit commander . I do not know if there was a unit commander in Durban by then . And then obviously that follows up to the provincial structures, who would be Brigadier Nyuswa as the provincial commander .”

Isipingo Police Station was not considered suitable for storing the exhibits because it is a smaller station in a high-risk area; Warrant Officer Perumal was never asked to store exhibits there.

“According to Colonel Jacob, Isipingo was not considered because it is well known that Isipingo is a smaller police station and is in a high-risk area . And Warrant Officer Perumal was never asked if there was capacity to store the exhibits at Isipingo .”

Standing Orders dictate that exhibits seized at a station precinct must be transported to that police station.

“our Standing Orders dictate that if it is in that station precinct, the exhibits seized, it needs to go to that police station”

An information note was prepared by Deputy National Head of the DPCI, Lieutenant General Mosikili, to the National Head of the DPCI, Lieutenant General Lebeya, appraising the latter on the feedback related to the burglary, housebreaking, and theft of 41 kilograms of cocaine from the Port Shepstone Serious Organized Crime Investigation Unit.

“this document is an information note that was prepared and submitted by the then Deputy National Head of the DPCI, Lieutenant General Mosikili, to the National Head of the DPCI, Lieutenant General Lebeya”

The information note details that General Mosikili travelled to KwaZulu-Natal and met with Provincial Head Major General Senon, who submitted a report regarding the incident summarizing the seizure of the drugs in June 2021.

“General Mosikili refers to, it says that she travelled to KwaZulu-Natal and met with the Provincial Head, Major General Senon. Subsequently, the Provincial Head submitted a report regarding the incident, and it is summarized as follows... starts with the seizure of the drugs in June 2021”

The exhibits included 541 bricks of cocaine weighing approximately 1 kilogram each, which were entered into Isipingo with a reference number. Warrant Officer Perumal indicated there was no space to store such volume of narcotics at Isipingo, and a provincial office was notified of the lack of storage at the station and Forensic Science Laboratory (FSL).

“The exhibits were counted by the members, and it was established that there were 541 bricks of cocaine, weighing approximately 1 kilogram each... Warrent Officer Perumal of Isipingo SAPS indicated that they did not have space to store such volume of narcotics. A provincial office was notified of the lack of storage facility at the station and at FSL.”

Colonel Jacob stated he never engaged Warrant Officer Perumal about storage capacity at Isipingo and considered Isipingo a small police station in a high-risk area lacking capacity for exhibits storage.

“Colonel Jacob says that he was, Warrant Officer Perumal was never asked if there was capacity to store the exhibits at Isipingo... Isipingo was not considered, because it is well known that Isipingo is a smaller police station and is in a high-risk area. So, on Colonel Jacob's own version, he never engaged with Warrant Officer Perumal about whether there was capacity or not.”

Warrant Officer Perumal did not state there was no capacity to store the drugs at Isipingo, and no such statement exists in the docket.

“There is no such statement”

The Provincial Commander for Serious Organized Crime, Brigadier Nyuswa, indicated that the DPCI Port Shepstone SOCI premises can be used to store the exhibits. The location had been previously used to store drug exhibits and has two strong rooms.

“The Provincial Commander for Serious Organized Crime indicated that the DPCI Port Shepstone SOCI Unit premises can be utilized to store the said exhibits. This location has been used to store drug exhibits previously, and it has two strong rooms.”

Major General Flynn does not have knowledge whether the DPCI Port Shepstone facility had previously been used to store drugs.

“I do not have any such knowledge”

Police stations are manned 24 hours per day, with armed police officers on duty, providing superior security compared to the Port Shepstone facility which does not have such presence.

“At Port Shepstone, indeed inferior to at the police station, because police stations are manned 24 hours per day. So there is, at all material times, armed police officers on duty at the police station, which was not the case at Port Shepstone”

Lieutenant-Colonel Prinsloo, the unit commander of the DPCI SOCI, was informed and allowed the use of a strong room to store the drug exhibits at Port Shepstone.

“The unit commander of the DPCI SOCI, Lieutenant-Colonel Prinsloo, was informed about the arrangement and allowed members to utilize a strong room to store the exhibits.”

General Senon was reported as present when the drugs were stored, based on sources from the case docket and witness statements of police officers present.

“General Senon was present when the drugs were stored... that information is sourced from the case docket... there are witnesses that say he was there... presumably those witnesses would be the people that were present, either, would be police officers”

Previous drugs stolen at Isipingo in February 2020 were Mandrax, totaling 547 units.

“The 547 in February 2020 ... that was Mandrax”

Different drugs require different storage space due to physical volume differences; for example, 547 kg of dagga takes much more space than 541 kg of cocaine.

“the kilograms may not necessarily be the determinant with regard to the space needed for storage. Take dagga for example, 547 or 541 kg’s of dagga would take much, much more space than 541 kg’s of cocaine”

Mandrax is compressed into tablets and packaged predominantly in thousands of tablets per package, similar in volume to cocaine when stored.

“Mandrax basically is tablets. So it is also compressed into tablets and then packaged predominantly in thousand tablets per package”

Forensic Science Laboratory in Amanzimto never issued a report on a seizure from November 2021 due to flooding that contaminated exhibits including this one, nullifying prospects of obtaining a report.

“there was never a report issued by the Forensic Science Laboratory in Amanzimto due to flooding of the premises, where all the exhibits or some exhibits, inclusive of this exhibit, were contaminated as a result of the flooding. So that basically nullified the prospects of obtaining a report there and no report was issued as such”

By November 2021, the flood had already occurred that caused contamination of seized exhibits.

“That is correct”

Multiple floods over the years affected the forensic laboratory, including flooding before the major flood in May 2022 that contaminated exhibits.

“There was multiple floods over the years, Commissioners. I am not sure of the exact date of the flooding that caused this exhibits not to be in a position to be examined”

Flooding at the forensic laboratory premises was a separate incident from the major flooding of May 2022, with multiple flood events occurring.

“that premises specifically was prone to flooding, even before that major flooding of 2022. I can recall that”

Seized exhibits of 547 kg Mandrax booked in at Isipingo SAPS armory, a police station known not to have capacity, and unclear why 541 kg of cocaine could not be stored there six months later.

“The exhibits, 547 kilograms, were booked in at Isipingo SAPS and kept in the armoury, the same police station that apparently is known not to have capacity”

Concern about Isipingo police station's capacity and risk profile for storing seized cocaine was not clarified as to why drugs were not stored at a closer police station to Isipingo.

“If the concerns regarding Isipingo's capacity and risk profile were considerations in the decision to store the seized cocaine elsewhere, it is unclear why the cocaine was not stored at the police station closer to Isipingo”

Four closest police stations to Durban harbour where exhibits were stored: Isipingo, Maydon Wharf, Brighton Beach, and Umbilo.

“the four closest police stations to the Durban harbour are Isipingo, Maydon Wharf, Brighton Beach and Umbilo”

A drug bust on 30 July 2021 involved approximately 1,000 kg cocaine stored at Maydon Wharf.

“One of those enquiries was the 30 July 2021, approximately 1,000 kilogram cocaine bust”

Seizure on 16 February 2022 of 530 kg cocaine properly managed as crime scene, exhibits booked at Umbilo SAPS and submitted to Forensic Science Laboratory on 24 February 2022.

“Seizure on 16 February 2022 of 530 kilograms of cocaine ... The exhibits were booked in at Umbilo SAPS and submitted to the Forensic Science Laboratory on 24 February 2022”

From own knowledge, no drugs were kept at Port Shepstone offices except what was seen on TV and an unconfirmed consignment at SAP13 facility.

“I am not aware of any such, except for what I have seen at the Commission over TV, that apparently there was consignments of, or a consignment, kept in that SAP13 facility. But from my own knowledge, I cannot confirm that”

General Flynn disagrees with General Senona's assessment that SAP13 facility was safe to store drugs based on no incidents in past 3 years, noting prior incidents in 2018.

“I do not agree with General Senona. He said, because in the three years prior there had been no incident, he was satisfied that the facility was safe to store these drugs. I will still get to that point”

There is an implication of improper motives for sending the seized drugs to the DPCI facility in Port Shepstone instead of more suitable facilities.

“you seem to be implying, without saying it, that there were improper motives for sending these drugs to the DPCI facility in Port Shepstone, because you are suggesting that there were other more suitable facilities”

There is proof that other facilities, including those in Durban Harbour, have handled similar or bigger drug seizures previously without problems.

“there is proof that those facilities, there was similar or even bigger drug seizures from Durban Harbour kept at those facilities without any problems in the past”

The cocaine seized could not be stored at the usual facility in Isipingo unlike previous seizures of Mandrax.

“16 months previously 547 kilograms of Mandrax had been stored at Isipingo, all of a sudden 541 kg's of cocaine could not be stored there”

The cocaine was stored at the DPCI facility in Port Shepstone instead of other nearby locations like Maydon Wharf, Brighton Beach, Umbilo, or Durban Central, which was only 24 km away from Isipingo.

“the cocaine was taken to a DPCI storage in Port Shepstone. The cocaine was not stored at the Maydon Wharf, at Brighton Beach, at Umbilo, or at Durban Central, the furthest of which is Durban Central, is only 24 kilometres from Isipingo”

There is no explanation why the Port Shepstone storage facility, which is 100 km from Isipingo, was chosen for the cocaine storage.

“there is no explanation why the Port Shepstone storage, which is 100 kilometres from Isipingo, was chosen”

General Senona did not follow the prescribed procedures regarding the handling of keys at the Port Shepstone facility.

“General Senona did not follow the prescripts with regard to the handling of keys”

The police handled the crime scene improperly from the beginning, which led to everything going wrong and ultimately the theft of the cocaine.

“The very first involvement of the police, they handled the scene wrongly and from that point on, all the way to the storage in Port Shepstone, everything is going wrong and the culmination is the theft of the cocaine”

The sequence of errors and events leading to the cocaine theft was by design, not accidental.

“I am of the view that it is no coincidence and that the sequence of events is indeed ... it is by design”

A total of 541 kilograms of cocaine seized on 22 June 2021 was stolen from the DPCI Port Shepstone strongroom during 6 to 8 November 2021 by gaining entry with a grinder.

“During the period 6 to 8 November 021, the 541 kilograms of cocaine seized on 22 June 2021 was stolen from the DPCI Port Shepstone strongroom with the use of a grinder to gain entry”

The alarm system was not properly working; there was no armed response service because the contract with the private security company had expired on 31 March 2020 and the alarm was not maintained.

“the alarm system that was fitted at the premises was not properly working.In addition, there was no armed response services because the contract with the private security company was not renewed, having expired on 31 March 2020. The alarm was also not maintained”

There was loadshedding during the period and the alarm did not automatically reset when electricity was restored; it had to be manually reset and some batteries were not installed.

“there was loadshedding during that time ... the alarm, when the electricity came back, would not automatically reset. It had to be done manually ... some batteries was, for instance, not installed”

Four months after the seizure, the cocaine had not been transferred to FSL though regulation requires exhibits to be transferred to FSL immediately and no later than seven working days except in exceptional circumstances.

“It is of concern that four months after the seizure, the cocaine had not been transferred to FSL. As stated earlier, the exhibits must be transferred to FSL immediately, but not later than seven working days in exceptional circumstances”

The stated reason for the delay in transfer was that FSL had no space for the exhibits, but this seems to be a regular occurrence, casting doubt on that version.

“Colonel Jacobi indicated that he was informed by FSL that there was no space for the exhibits. This seems to be a regular occurrence”

The failure to maintain and reset the alarm system properly was due to the expiry of the contract with the security company, and the lack of link between the alarm system and the security company thereafter.

“the problem emerged subsequent to the contract with a security company expiring on the 31st of March 2020, so it means subsequent to that, there was no link between that alarm system and the security company.And also the equipment per se was not maintained”

Shortly after the big cocaine seizure of 700 kg in Aeroton on 9 July 2021, officials seized 700 kg of cocaine which was transferred to FSL for analysis and storage, raising questions why FSL had capacity then but not for the earlier 541 kg seizure in Port Shepstone.

“On the 9th of July 2021, officials seized 700 kilogram of cocaine in Aeroton, Johannesburg. The Aeroton cocaine exhibits were transferred to FSL on 19 July 2021 for analysis and storage. If FSL had capacity on 19 July 2021 to store 700 kilograms, it is unclear why it did not have capacity for 541 kilograms three weeks earlier or anytime before the 021 the theft in Port Shepstone”

The narcotics section of Forensic Science has its own dedicated storage facilities because its analysts deal with narcotic cases only.

“there is different sections who has their own storing capabilities within that sections. So I would then consider it that the narcotics section would have its own dedicated storage facilities because those analysts are dealing with narcotic cases only”

The drugs found in KwaZulu-Natal (KZN) should have been brought to Johannesburg for storage.

“Are you suggesting that the ones that were found in KZN should have been brought to Johannesburg? That is correct .”

Major drug seizures are usually submitted to the main forensic science laboratory in Silverton, Pretoria, except for the drugs in Amamzimtoti, which had correspondence only with the local lab.

“all the other major seizures , Commissioners , were submitted to the main lab and that is in Silverton , Pretoria , Forensic Science Laboratory . Strange enough , with this matter , only the correspondence took place between Colonel Jacob and the lab in Amamzimtoti , whilst everybody is privy to the fact that the major busts , all the exhibits , are transported to the main lab in Pretoria”

Forensic Science Lab (FSL) sometimes informs investigating officers that they do not have capacity to store exhibits due to space constraints.

“I t happens , indeed , Commissioner . Obviously , it depends on how much exhibits are delivered and whether they are stacked to capacity or not . So , indeed , it is happening . It is a practical problem”

Investigating officers and commanders have a process to submit priority requests to Forensic Science Lab leadership to expedite analysis and storage of exhibits when capacity is limited.

“We have a process in place where we call a priority request. So , under these circumstances , a Provincial Commander or a Unit Commander or the Provincial Head is at liberty to submit a request to the leadership of the Forensic Science Laboratory and request , obviously depending on the sensitivity and the urgency of completing an investigation , to prioritize this matter”

The seizure of 541 kilograms of cocaine is significant and is the second biggest cocaine bust after a one ton seizure.

“If we consider the only bigger seizure was the ton of cocaine , and then the 41 kilogram was the second biggest cocaine bust , although the Mandrax seizure was a bit more . But it is indeed significant if we look at the black market value of these seizures”

The major drug bust at Johannesburg Aeroton is noteworthy in size.

“But indeed , the Johannesburg Aeroton seizure is also noteworthy”

The exhibits from the 1,000 kg cocaine theft at Port Shepstone were successfully transferred to the Forensic Science Laboratory.

“Those exhibits were successfully transferred to the Forensic Science Laboratory , Commissioners”

There was an attempt to break into the Port Shepstone premises in early October 2021 before the cocaine theft to mitigate the threat by storing exhibits at the premises.

“reference is made to an attempted break-in at the premises in early October 2021 , a few weeks before the 2021 theft ... attempts were made to finalize the investigation to mitigate the threat posed by storing exhibits at the premises”

Warrant Officer Setshedi indicated needing about 7 bricks of cocaine from the seized exhibits for analysis and reiterated that Forensic Science Lab in Amamzimtoti does not have space to store the exhibits, requiring additional cocaine to be obtained.

“Warrant Officer Setshedi indicated that he needed approximately 7 bricks of cocaine from the exhibits seized. He further reiterated that FSL does not have space to store the exhibits. The IO had arranged with FSL that additional bricks of cocaine from Port Shepstone could be obtained during the week of 5 November 2021”

After the attempted break-in at Port Shepstone, no attempts were made to increase security or move the cocaine to a more secure location despite the Forensic Science Lab being at capacity with other cocaine seizures.

“No attempts were made to increase security at the premises or to move the cocaine to a more secure location after the attempted break-in”

More secure police station SAP-13 facilities in the Durban area would have been a better storage option if Forensic Science Lab had no capacity for the drugs.

“Any of the police stations SAP-13 facilities in the Durban area would have been more secure”