Witness: Chief Mashaba. Evidence Leader: Adv Segeels Ncube.
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The WhatsApp messages from 5 May 2019 refer to ANC election rallies.
“there is a date below the image , 5 May 2019 ... it refers to the African National Congress will hold its final election rally at Siyangqoba Rally ... on Sunday morning ... it refers to the mini rally”
Chief Mashaba does not dispute referring to an ANC election rally in his message to Mr Nku.
“You do not dispute that you were referring to an ANC election rally, correct, in this message that you sent to Mr Nku ?”
The ANC election rallies took place before the 8 May 2019 elections.
“It is the last weekend of the election campaign before May 8 polls”
The WhatsApp messages reference a Cabinet announcement by President Cyril Ramaphosa on 29 May 2019 appointing members of the National Executive, including Deputy President David Mabuza.
“President Cyril Ramaphosa Cabinet announcement ... 29 May 2019 ... appointment of members of the National Executive ... first one there is Deputy President David Mabuza”
The WhatsApp message 'Tumza, I see DD is back. Let us move on our issues.' refers to the appointment of Deputy President David Mabuza on 29 May 2019.
“Tumza , I see DD is back . Let us move on our issues .”
Chief Mashaba accepts that the WhatsApp reference to 'DD' is to Deputy President David Mabuza.
“The person I was referring to ? ... I will have to accept ...”
The ANC caucus in Parliament welcomed five new members to fill vacancies on 15 June 2019, including Comrade Kebby Maphatso replacing Comrade Jeff Radebe.
“The African National Congress in Parliament will be welcoming five new members to fill vacancies in the National Assembly... Comrade Kebby Maphatso will replace Comrade Jeff Radebe.”
The reference to D D Mabuza being Kebby Maphatso returning was about him being a member of Parliament, not just being back in the country.
“you did not suggest that your reference to D D Mabuza being Kebby Maphatso and him returning, being back, was a reference to him being a member of Parliament, being appointed as a member of Parliament. You said it was a reference to him being back in the country. Do you recall that?”
The swearing-in of the new members was scheduled for 18 June 2019.
“the swearing-in would or was going to be on the 18th of June 2019.”
There was a WhatsApp conversation on 7 April 2021 between Iby Boss and Mr Nku discussing someone not being allowed on a flight from Amsterdam.
“a conversation that occurs on the 7th of April 2021... a message sent by Mr Nku to Iby Boss says: "Boss, they did not let him on the flight from Amsterdam. Tell everyone he is not coming."”
Chief Mashaba did not recall details of the conversation about someone not being allowed on a flight from Amsterdam, denying any frequent discussions with Mr Nku about such matters.
“No, I have got no recollection of this... I cannot remember... No, we did not have... this is the only exchange.”
The Chairperson accused Chief Mashaba of being untruthful about his lack of recall regarding WhatsApp chats proving a long existing relationship and exchanges with Mr Nku.
“Honestly, you are being untruthful... You are untruthful because you see that all these chats between you and Mr Nku ... show a picture that is totally different to what you told us... You are trying to extricate yourself...”
Chief Mashaba knew what Mr Nku was talking about in the WhatsApp communication regarding postponing preparations and gave a thumbs-up to the message.
“You do a thumbs-up in your next message, in your response in that white box. You do a thumbs-up. This reflects you knew what he is talking about.”
The exchange between Iby Boss, Boss Iby and Mr Nku about the person not being let on the flight from Amsterdam was forwarded to Chief Mashaba by Mr Nku, and Chief Mashaba was part of the communication circle regarding this matter.
“The exchanges between Iby, Boss Iby and Mr Nku at page 264 about this person not being led onto the flight from Amsterdam is not coming, that it is forwarded to you by Mr Nku as we see at page 120, and your response is a thumbs up, must mean that you were part of whatever communication was happening between Mr Nku and Boss Iby, Iby Boss.”
Chief Mashaba accepts that his thumbs-up response to Mr Nku's forwarded communication means he was part of the communication circle about the person not coming from Amsterdam and postponing preparations.
“Yes, I agree. ... I agree. ... At that time, yes, even if I might have forgotten now. ... Yes, at that time it means yes, I was.”
Chief Mashaba acknowledges that according to the WhatsApp conversation dated 29 June 2021, he was part of a plan that needed to be postponed because the person was not coming from Amsterdam.
“Yes, according to this, it says obviously I am part of it.”
WhatsApp messages from 29 June 2021 between Chief Mashaba, Mr Nku, and Iby Boss show discussions about keys, a phone being off, and references to legal issues involving General Mashaba.
“Mate, he will not give me the keys or the phone. He says legally, he cannot. He put up a big stink about General Mashaba. Also, he said it was a silver X5 with two white guys. They have footage, but it is not clear...”
Chief Mashaba was communicating with Mr. Nku about a car key, suggesting involvement of an investigating officer and a vehicle, and intended to ask the investigating officer about the key.
“A t 1 2 : 0 4 o n t h e 2 5 t h o f J u n e . Yo u s a y : “ He d o e s n o t s e e t h e m . ” 5 J u n e , 1 2 : 2 1 . T h e n M r N k u s a y s : “ M a y b e t h e y a r e w i t h t h e I O . ” A n d t h e n y o u s a y : “ I w i l l a s k t h e I O . ””
Chief Mashaba did not recall why he took a picture of a car key and sent it to Mr Nku, despite the key and the conversation being very specific and unusual.
“I cannot remember. Honestly, I cannot remember …”
Chief Mashaba said there is no danger about the car keys and the investigating officer in question.
“So you do not think there is any danger about … No, I mean, if maybe the Commission think I am hiding the car key, if I remember exactly, if you are talking the car key, it is not like you are talking a picture of maybe a bag of drugs or something.”
Mr Nku and Iby Boss (Alpha) were involved in a transaction regarding car keys with an investigating officer, and Chief Mashaba attempted to influence the investigating officer to release an exhibit (the key) at Mr Nku's behest.
“The picture that it creates is you, Mr Nku, and Boss Iby or Iby Boss, who is also referred to as Alpha, were involved in a transaction that included car keys that are with an investigating officer, possibly as an exhibit, that are with an investigating officer and you wanted that key to be released ... you are interfering and speaking to influence an investigating officer to release an exhibit ... you say I will speak to the investigating officer ... and you do so at the behest of Mr Nku.”
Chief Mashaba says he would try by all means to assist Mr Nku, whom he considers a brother, especially with police issues where Mr Nku seeks his assistance regarding difficult investigating officers.
“like taking Nku as my brother, if he needs assistance, I would try by all means to assist him because I know on many things he relies on me. Especially police issues, where he would say maybe, can you maybe assist ? I have got this problem , or I have got this , for instance , I have got this IO that is giving me difficulties . If it is possible , can you maybe try talk to him ?”
Chief Mashaba acknowledges that it is improper to speak to an investigating officer to release a key that is an exhibit, even if asked by his brother Mr Nku.
“Mr Nku be cause you are asking? Do you accept it would be improper to do that? - I accept. - Okay. - I accept.”
Chief Mashaba confirms he would not negotiate with the investigating officer to release an exhibit key if it would put the officer at risk or risk his job.
“but I will go and negotiate for something that I know I will be putting the IO at risk, or risking his job, to do something impossible for me. That I would not do.”
Chief Mashaba received a call from Mr Nku on the 8th of July confirming the truck with drugs from Durban to Johannesburg had arrived, but Mr Nku did not provide any new information other than the truck's arrival.
“Mr Nku called you and said to you that there is a truck with drugs coming from Durban to Johannesburg … on the 8th , you told him to confirm it positively, and he did so the morning of the 9th of July… He did not give you any new information other than to say the truck is now in Joburg.”
Mr Nku became aware of a potential arms and contraband shipment including drugs during the last week of April 2021 from confidential sources and shared this information with Lieutenant General Sindile Mfazi in late June 2021.
“I first became aware of the potential shipment during the last week of April 021 through confidential sources. At that stage, the information was preliminary and indicated a possible shipment involving arms, contraband, including drugs. I shared this information with Lieutenant General Sindile Mfazi, whom I was initially introduced to by former Deputy Minister of Defence, Kebby Maphatsoe, as he expressed that Lieutenant General Mfazi was his compatriot in exile. Further details were received and shared in late June 2021.”
By approximately 7 July 2021, certain containers were prioritized for transportation, one of which was conclusively positive for drugs, meaning by that date it was confirmed there were drugs in the truck.
“By approximately 7 July 2021, certain containers were identified as being prioritised for transportation. One of them was conclusively positively based on .”
Mr Nku told Chief Mashaba that the drugs were already in the truck by Thursday night 8 July 2021 and no longer just a suspicion but confirmed information.
“when he speaks to you on the 8th of July, Thursday the 8th of July, he already knew positively that the drugs were there . And I am suggesting to you that he told you the drugs are there already on Thursday night, not Friday morning. He knew positively because he says he knew on the 7th of July already.”
Chief Mashaba denies speaking to Mr Nku on 7 July 2021 despite Mr Nku's claim that he communicated knowledge of drugs in the shipment on that date.
“But on the 7th of July, he did not — we did not speak .”
Chief Mashaba insists they did not speak on 7 July 2021, implying he did not receive prior confirmation of drugs before 8 July 2021.
“Like I am saying, we did not speak on the 7th, and that was his information . He said to me on the tht that I have got this information .”
Chief Mashaba admits he spoke to Mr Nku on 8 July 2021 and was informed about the shipment of drugs in the truck.
“Yes, correct . Correct, Chair.”
Chief Mashaba says that on Thursday (8 July 2021) he received information that the truck was from Durban and the shipment contained drugs, but he needed confirmation on Friday (9 July 2021).
“The information I got, it is from Thursday. The confirmation … That the truck is from Durban. With drugs . All I needed on Friday was a confirmation .”
Chief Mashaba says the confirmation he sought on Friday was that the truck had landed and was physically there, which for him constituted confirmation.
“He saying the truck is here, landed already and I am here, please come . To me, it is confirmation …”
Mr. Nkusa gave Chief Mashaba all the information considered sufficiently specific to warrant operational follow-up regarding the Yellow Jersey truck on the evening of 8 July 2021.
“he had given you all the information which for him was specific enough to commence the operation”
On 9 July 2021, Mr. Nkusa met with Chief Mashaba and provided a briefing, but did not call to give confirmation to activate the plan.
“on the morning of 9 July, I met with him and provided a briefing ... He does not say that on the 9th he called you to give you this information that you needed to activate the plan”
Chief Mashaba asserts that Nkusa called him on Friday morning and not only met with him in person on 9 July 2021.
“I am saying to the Commission he called on Friday. Friday morning.”
Chief Mashaba states he received a call on the morning of 9 July and was sent a location relating to the Yellow Jersey operation, contradicting Nkusa's claim that no such call happened.
“On the 9th, in the morning, he called and sent me location ... I did not even know that is Yellow Jersey ... He had to even send me a location .”
Images on Mr. Nkusa's phone dated 7 July 2021 depict bags sealed with tape relevant to the investigation.
“this is again an image that was obtained from Mr Nkusa's phone ... photographs of bags ... bags covered in tape”
Chief Mashaba saw bags seized at Aeroton on 9 July 2021, which appear to be the same bags as those in the dated images on Nkusa's phone.
“you saw those bags on the 9th of July ... does that look like the same bags?”
Mr Nku had photographs of drugs in the container on 7 July 2021, implying prior knowledge of the drugs before the container reached its destination.
“if Mr Nku has photographs of the drugs in the container on the 7th of July 2021”
Mr Nku gave Chief Mashaba sufficient information including photographs, details of the truck, and license plate to take lawful steps to seize drugs by 8 July.
“he had given you sufficient information in order to do the operation follow-up”
It is implausible that knowing Mr Nku had photographs on 7 July, he would not have confirmed positively on 8 July that drugs would be in the container.
“it is implausible that knowing what he knew on the 7th of July, that he would not have confirmed with you positively that the drugs will be there”
Chief Mashaba claims he did not have details of the truck such as license plate and destination and therefore needed more information to act.
“I need the details of the truck”
Chief Mashaba states Mr Nku did not give him full details including license plate prior to operations, contradicting Ms Segeels's assertion.
“I know he did not”
Chief Mashaba required confirmation of the truck landing and truck details before acting on information about drug transport from Durban to Johannesburg.
“That the truck has landed, and if it has landed, give me the number plate, the details of the truck. That is all I needed from him”
Chief Mashaba expressed he was waiting for positive confirmation that the truck would land on Friday before proceeding with action.
“I am waiting for the confirmation to say it will land on Friday”
Chief Mashaba acknowledged that according to Mr Nku, a truck from Durban to Johannesburg was transporting drugs, but questioned how Mr Nku confirmed this information.
“There is a truck coming from Durban to Joburg transporting drugs ... I do not know how he confirms that”
Chief Mashaba said he did not want to waste time and required positive confirmation before acting to avoid unnecessary efforts.
“I wanted to be assured that this was positive ... I did not want to waste my time”
Chief Mashaba communicated that once he received confirmation of the truck landing and drugs in it, he would mobilize resources to seize.
“number one, I am going to mobilise the resources”
Chief Mashaba's insistence that he should be told the truck was in Gauteng before going there does not make sense because he would have needed such positive confirmation to travel to an unknown location.
“your insistence that you should be told that the truck, or rather, this is all positive, your insistence that you should be told that does not make sense because you would have had to be told anyway... positive confirmation that you are telling us about would have had to happen as a matter of course anyway”
Chief Mashaba receives messages from Mr Nku containing number plates to check and is able to check vehicle ownership using a device as part of his duties.
“A message from Mr Nku ... he says: “Ask them to check this number plate.” ... you say thumbs up ... you are able to check”
Chief Mashaba acknowledges he can check number plates but claims not to recall specific instances or reasons for checking number plates given by Mr Nku.
“I know that I can check number plates . So , this I do not recall”
Chief Mashaba admits he can check number plates unofficially, for example, checking a car parked next to his yard even if off duty.
“Me , I can , let us say the car is parked next to my yard . Even if I am off , I can take the number plate and check”
Chief Mashaba asserts that he cannot check number plates randomly or for personal reasons without a lawful basis or reasonable cause.
“No , no , I can not just”
Chief Mashaba agrees that looking up vehicle registration details for Mr Nku, who is his funder, was not official police work but side hustle.
“when Mr Nku gives you people's registration numbers ... when you do look it up , that is not official police duty . It is not official police work that you are doing”
Checking number plates at the request of Mr Nku could not have happened in the course of Chief Mashaba's lawful official duties as a Traffic Officer because it was done for Mr Nku and not in discharge of official functions.
“number plates at the request of Mr Nku could not have happened in the course of you discharging your normal duties as a Traffic Officer when you look up numbers for Mr Nku”
It is reasonable to conclude that checking number plates for Mr Nku was side hustle by Chief Mashaba in 2019 since there is no official or lawful explanation given for such checks.
“It is reasonable to conclude this is one of those schemes ... absent an explanation ... reasonable to conclude this is one of the side hustles”
Chief Mashaba does not remember giving registration numbers to check if this was a side hustle involving Mr Nku, but it is considered reasonable to conclude so in the absence of an explanation.
“I do not remember. I would not agree it is one of my side hustles”
Adv Baloyi SC considers it reasonable to conclude that the activity involving Mr Nku sending vehicle registration numbers to Chief Mashaba was a side hustle due to lack of any other explanation.
“it is reasonable for me to conclude in the absence of an explanation why Mr Nku is giving your registration numbers to check that this is yet another case of your side hustle with him”
Chief Mashaba denies controlling or agreeing with the conclusion that this is a side hustle with Mr Nku involving registration numbers.
“Well, I do not have control over that, Commissioner.”
Chief Mashaba denies knowing Sergeant Mataboge or having a personal relationship with him.
“I do not even remember. I do not know a Mataboge”
Adv Baloyi SC disputes Chief Mashaba's claim of not remembering Sergeant Mataboge, stating there is evidence of a meeting and communications between them involving Mr Nku.
“It is simply not true that you do not remember who he is and what it was about”
Chief Mashaba estimates that over the years Mr Nku has given him between R20,000 and R50,000, inclusive of payments into Shilobane Lodge company.
“It would not be more than R 50 000 ... It includes payment into Shilobane Lodge”
Chief Mashaba and Mr Nku planned an operation to intercept a truck on or about 9 July 2021 based on information and location details sent by Mr Nku.
“I met Mr Nku and he gave me a briefing on his information and the truck in question. After the briefing, I decided to engage the process of intercepting the truck and to have it searched”
Chief Mashaba states he received GPS coordinates from Mr Nku via Telegram on 9 July 2021 to Yellow Jersey Logistics in Roodekop for an operation involving intercepting a truck.
“Samuel Mashaba received a location from Mr Nku through the Telegram of where they should go, and the coordinates are that of Yellow Jersey Logistics in Roodekop”
Coordination of location coordinates was asserted to have been sent shortly after midnight on 9 July, but Chief Mashaba denies the timestamp of 22:25 on 8 July at which the coordinates were allegedly sent.
“you said he sent you the pin location”
Chief Mashaba disputes that the pin location was sent on the evening of 8 July at 10:25 PM, instead insists it was sent after 5 AM on 9 July morning.
“He sent me in the morning after 5 .”
Communication between Chief Mashaba and Nku on 8 and 9 July 2021 took place via Telegram app, including messages conveying the need to go to a stated location.
“you and Nku were communicating via Telegram , and according to this report, he sent you the location at 25 minutes past 10 on the 8th . And then just after midnight , before your conversation in the morning , just after midnight , you then opened the message .”
Chief Mashaba does not recall accessing the location message just after midnight on 9 July and says he was sleeping on the 8th.
“I was sleeping on the 8th .”
Chief Mashaba and Nku switched communication from WhatsApp to Telegram at some point, but Chief Mashaba does not know why and does not even remember using Telegram.
“I do not even remember we used Telegram .”
Chief Mashaba downloaded Telegram app but says he had no specific reason to switch from WhatsApp other than preference, denying he recalls the reason for moving to Telegram.
“No specific reason per se . If I am in WhatsApp and say let us switch , it would mean we are giving WhatsApp a break . Let us go to Telegram .”
Telegram is asserted by ADV Khumalo SC to be more secure than WhatsApp for communication with Nku, but Chief Mashaba states he does not know about the security differences.
“Telegram is more secure , and a third party cannot easily access your communication with Nku if it is on Telegram .”
Warrant Officer Phokungwana referred Chief Mashaba to Warrant Officer Magane early in the morning hours after 3:41 AM on 9 July 2021, as Phokungwana could not assist.
“Warrant Officer Phokungwana could not assist you and he referred you to Warrant Officer Magane .”
ADV BALOY SC alleges that Chief Mashaba already knew at 03:41 that assistance from Phokungwana and Magane was needed for an operation, contradicting Chief Mashaba's earlier evidence that he only knew in the morning after meeting Mr Nkuo on the 10th.
“at 03:41 already you had called Phokungwana to say I need assistance...your earlier evidence ...cannot be true”
Chief Mashaba denies knowing before the morning about needing assistance for the operation.
“I only knew in the morning”
ADV BALOY SC states that assuming the document is not doctored and true, then the timing of the communication at 03:41 means Chief Mashaba's earlier evidence is false.
“assuming this document is a true reflection... the 03:41 contact from Phokungwana...means your earlier evidence ...is false”
Chief Mashaba complains that he is being forced to accept a document's contents which he disputes and calls it a lie, demanding the authenticity be investigated.
“I must just be told this is what happened given a paper like this...I am saying in the morning... it is a lie”
ADV BALOY SC challenges Chief Mashaba's denial and states there is evidence that Chief Mashaba had called Phokungwana at 03:41 saying he needed assistance, disproving Chief Mashaba's earlier evidence about timing of knowledge.
“It is false... at 03:41 already you had called Phokungwana to say I need assistance...This documents say it is false your evidence”
ADV BALOY SC emphasizes if the document is true, Chief Mashaba's evidence about only knowing after meeting Mr Nkuo is false and he mobilised resources earlier based on the information received at 03:41.
“If what is contained in this document is the truth...the timing...shows that your earlier evidence ...is false”
ADV BALOY SC accuses Chief Mashaba of being untruthful and continuing to be untruthful about his engagement with Mr Nkuo on the day he operationalised the information.
“this document proves that you were untruthful and continue to be untruthful about your engagement with Mr Nkuo on the day when you went and operationalised his information”
Chief Mashaba denies the allegations and says the evidence is being misinterpreted, giving an example that he was misquoted on a news clip about being funded by a civilian and about being criminally charged or prosecuted.
“I totally disagree because it is interpreted wrongly...on the clip I am heard saying no comment...at no stage did I say yes”
Chief Mashaba disputes the times of WhatsApp and Telegram messages sent to him on 8 July 2021 related to the operation, stating he does not remember and needs their authenticity verified.
“I am refusing the times...The authenticity of this also needs to be verified”
Chief Mashaba cannot recall whether Telegram or WhatsApp was used to send the location message from Mr Nkuo on 8 July 2021 night.
“Now that you are bringing Telegram, I cannot remember were Telegram or WhatsApp used...”
Chief Mashaba asserts he received only one location message on the morning of 9 July 2021 and denies receiving subsequent WhatsApp messages indicating 'we need to go here' before 06:30.
“All I know is the location I got in the morning on the 9th.”
Chief Mashaba disputes the timeline in a document showing communication with Warrant Officer Magane around 04:40 a.m. on 9 July 2021, arguing he received the number only after 5:00 a.m.
“I dispute because I am saying only after 5 I got the number”
Chief Mashaba denies having communication with Warrant Officer Magane after 5:00 or 7:00 on 9 July 2021; he confirms speaking to Magane only after 5:00.
“I spoke to Magane after 5 o'clock.”
Chief Mashaba states he slept on the night of 8 July 2021 leading to the 29th operation, opposing a document's assertion that he did not sleep that night.
“I slept, Commissioner.”
Chief Mashaba confirms he spoke to Warrant Officer Magane before 25 to 7 (6:35) on 9 July 2021, consistent with a late evening or early morning timeline.
“Yes, I am on 326. ... as long as it is after 5, I will agree.”
Mr Nku's phone communication with 'I by Boss, Alpha' on 1 July 2021 shows messages revealing operational difficulties and instructions to avoid loading containers with metal or motor vehicles due to mobility concerns affecting their job.
“Boss, these people are really making our job impossible by the day... please tell the people that avoid any containers with metal or anything auto or mobile. Only load good...”
Chief Mashaba was not aware of Mr Nku's involvement in transporting drugs from Durban to Johannesburg on 1 July 2021 and the related photographs of drug bags in containers.
“We re you aware of his involvement in this ?”
Chief Mashaba confirms he was not aware at any point that Mr Nku had spoken to Lieutenant General Mfazi before his death and specifically denies knowledge of any engagement between Mr Nku and Lieutenant General Mfazi while alive.
“I knew after his death or after he passed on .”
Chief Mashaba asserts that he trusted the information given to him by Mr Nku and considered it lawful, despite other occasions where Mr Nku engaged him for unlawful side hustle activities.
“I trusted what he told me . I trusted the information that he told me .”
Chief Mashaba admits he provided lawful assistance related to a diesel incident in Vereeniging in 2019 involving alleged fake diesel at an illegal depot, which he reported to police and then left to police handling.
“The re was a fake diesel somewhere in an illegal depot in Vereeniging somewhere , where I called the police to come and attend to it .”
Chief Mashaba states he always refers matters outside his jurisdiction or area of responsibility to the police and does not act outside his powers in drug busts or seizures.
“If something is out of my scope or my area of responsibility, I will refer it to the relevant people . That is the police .”
Advocate Baloyi suggests that operations known to Chief Mashaba, such as the airport operation, were conducted outside his jurisdiction and no police were called, questioning Chief Mashaba's claim that he always calls police when things are out of jurisdiction.
“...which you did , which we discussed yesterday , which is outside of your jurisdiction , you did not call the police . So your answer saying I always call the police must be qualified .”
Page 326 of a document clearly shows that Mr Nkuwa was involved in arranging for the importation and transportation of drugs into the country, suggesting he was part of a drug trafficking scheme.
“page 326 clearly records and shows that Mr Nkuwa is involved in a process of arranging for the importation and transporting of drugs into the country”
Chief Mashaba declined to comment on the assertion that Mr Nkuwa was involved in drug trafficking and refused to agree with the face value interpretation of the document.
“No comment”
Chief Mashaba did not want to comment or form an opinion on the interpretation of the document related to Mr Nkuwa's involvement in drug trafficking.
“I do not want to speak for him. This is him …”
Chief Mashaba did not agree that the document pointed to Mr Nkuwa's involvement in drug trafficking at face value.
“No, I do not agree to that”
Chief Mashaba, when Warrant Officer Phokungwane was unavailable, was recommended Warrant Officer Magane for assistance on a drug bust operation despite never having worked with him before.
“When Warrant Officer Phokungwane was not available and here recommended Warrant Officer Magane ... I have never worked with him”
Chief Mashaba did not specify the specialties needed for the drug bust operation to Warrant Officer Phokungwane and only asked for assistance.
“No, I did not tell him. I expected that he would give me somebody who works with him or who works like him ... I only asked for assistance”
Chief Mashaba trusted Warrant Officer Phokungwane's recommendation even though he was warned by Mr Nkuwa to be cautious due to possible involvement of high-profile or high-ranking officials.
“I trusted what Phokungwane was, would recommend to me”
Chief Mashaba explained that in their line of work, if he is unavailable, people seek assistance from someone he trusts to do the job competently and not compromise the mission.
“I know this guy can do the job because I cannot do it, please go and assist Mashaba ... I would not recommend somebody that I know not trustworthy but let me say competent”
Chief Mashaba proceeded quietly with the operation without informing his superiors due to the sensitivity involving senior officials interested in the matter.
“you proceeded , you did not inform your superiors , you proceeded quietly the way that you did”
Chief Mashaba did not inform Phokungwane that the operation involved drugs or that it was sensitive, but only asked for assistance without revealing details.
“But when you ask Phokungwane for assistance , you do not tell him that the operation involves drugs , even that , or even if you do not mention drugs , you do not say to him , this is a sensitive operation”
Incoming voice (unattributed) asserts it is contradictory to act sensitively about the operation initially but not alert those asked for assistance about the sensitivity.
“how do you reconcile that you started off quite sensitive about who gets to know about this mission , and then when you now ask for assistance , you do not alert the person you are asking for assistance from , that this is sensitive because of A , B , C , D , so if you give me anyone to help me , it has to be somebody that can , that you know is not compromised”
Chief Mashaba told Phokungwane to treat the request discreetly as the operation was sensitive, and Phokungwane said he could not help but would direct someone else.
“Please treat this very discrete . It is sensitive . Come and assist . No , I cannot come because I have got this problem .”
Chief Mashaba explained to Adv Baloyi SC that he asked Phokungwane for someone in the area familiar with drug busts because Phokungwane would know a suitable person.
“I wanted somebody in the area . Number two , I know , even if Phokungwane knows she cannot do , I know he will knows somebody that can do .”
Chief Mashaba engaged in an interception and search operation of a truck in his jurisdiction without informing the Alberton Police Station due to the sensitivity and risk of compromising the operation.
“I might go there and it leaves .”
Chief Mashaba chose not to inform the Alberton Police Station about the search operation to avoid compromising the operation and because of the urgency and safety considerations.
“I do not want people who may compromise the operation to compromise it , just so that it is recorded in the books of the police and at the very least , there is an entry or an enquiry dealing with the operation that you were about to carry out that day.”
Chief Mashaba clarified that the operation had not started and that the distance between his residence, operation site, and Alberton Police Station is short, implying there was opportunity to inform but he chose not to.
“The operation has not started . You are at your house in the Alberton area ... Nothing stops you in 5 minutes to go to the Alberton Police Station and to say I am a Traffic Officer ...”
Chief Mashaba admitted that even though Nku was at the operation location to monitor the truck, he deliberately did not want to inform the local police of the operation plans due to sensitivity.
“I am being careful also as to who do I involve .”
Chief Mashaba acknowledged that not informing the Alberton Police Station was a deliberate decision to maintain operational security, despite the close proximity to the station.
“So you did not want Alberton Police Station to know that you were engaging in this operation ? No necessarily that I did not want to know .”
Chief Mashaba stated that the Station Commander might be someone he deliberately did not make aware of the operation due to sensitivity.
“The police , the Station Commander is also senior , so he might be one of the people that I might not make aware .”
Chief Mashaba confirmed that he was aware of the Gauteng Provincial Roads and Road Traffic Act 10 of 1997, which regulates the powers and duties of Traffic Officers.
“I am familiar with it .”
Chief Mashaba trusts Warrant Officer Phokwane with sensitive missions because they are neighbours and have a close working relationship.
“Phokwane, I can say he also stays in my neighbourhood”
Chief Mashaba said even his commanders are not to be trusted for sensitive operations due to risk of interference or compromise.
“even your Commanders are not to be trusted”
Chief Mashaba admitted that the Road Traffic Act does not authorize Traffic Officers to go to private premises such as warehouses to conduct searches and seizures.
“Now is there anywhere in that section where it says a Traffic Officer can go to private premises of a business and conduct a search and seizure operation ? No .”
Chief Mashaba admitted he does not know if Phokwane shares his suspicion of superiors and trust in secrecy for sensitive operations.
“that I do not know”
Chief Mashaba has worked in past operations with Warrant Officer Phokwane and knows him better than others.
“I have worked with him officially also”
Chief Mashaba stated his trust in Phokwane is built by knowing him personally and professionally over time in their neighbourhood.
“I know him more than others that are not staying around with us...you get to be comfortable with one another...that is how you build even a trust”
Chief Mashaba told Phokwane the mission was sensitive and expected him to keep it secret.
“when I say to him, it is sensitive. I know he would treat it as such”
Chief Mashaba believes the Criminal Procedure Act grants him powers similar or equivalent to police powers including search, seizure and arrest.
“it gives us a power and authority to, let me say, almost acts similar or exactly powers that the police has”
Chief Mashaba admitted that under the Criminal Procedure Act he believes he can search and seize even in matters that may fall outside his usual powers.
“yes, that is what I, that is what I, correct”
The Chairperson explained to Chief Mashaba that the Criminal Procedure Act must be read within the limits of the powers the witness otherwise has.
“all that the Criminal Procedure Act does is to say this is how you arrest...That must be read within the powers that you otherwise have”
Chief Mashaba expressed concern about involving high-ranking officials in operations due to the risk of interference or sabotage.
“The concern most of the time from seniors is interferences, most of the time”
Chief Mashaba accepted the Chairperson's explanation regarding the interpretation of the Criminal Procedure Act.
“I accept”
Chief Mashaba explained the issue with involving someone with an interest in an operation is the risk of sabotage or discouragement.
“if you involve somebody that is got an interest in whatever operation you want to engage yourself in, obviously you will get a sabotage or you will get discouraged as to no, leave that one”
Chief Mashaba stated the Directorate for Priority Crime Investigation (DPCI) is known to be corrupt or compromised and worse than normal police.
“DPCI most specifically are the ones, are the ones that we know, they are more captured. They are worse than a normal police because we know they are captured”
Advocate Segeels-Ncube claims that Chief Mashaba wanted to arrest Ms Wentzel despite Magane being present, implying Mashaba did not simply leave everything to the police as he claims.
“But you did not do that. You had Magane there, but you wanted to arrest Ms Wentzel.”
Chief Mashaba chooses not to involve the DPCI in drug busts because they are perceived as compromised and not trustworthy.
“If the concern was that they would interfere with the operation and compromise the bust, once the drugs have been found, that is gone...”
Chief Mashaba states that in joint operations with the police, protocol dictates that police take the lead and he plays a supporting role, but he becomes busy with the suspects once drugs are secured.
“In the police, protocol dictates that police takes the lead. I will be playing a supporting role. Whatever he does, especially if he concentrates on what we are talking about now, I become busy with the suspects.”
Chief Mashaba asserts that once he involves the police, he steps back and plays a supporting role, leaving the police to take lead in operations.
“I would not want, I leave it to the police and I give it, they know what to do.”
Chief Mashaba confirms that Magane was in charge of the operation at the scene where the container was opened and seized.
“He is in charge, yes.”
An unattributed speaker suggests that if Mashaba's true intention was to genuinely seize the drugs and take them to the police station, he would have engaged the police fully after securing the drugs; however, limiting involvement to only Magane may indicate a side hustle.
“If it was your true intention to actually seize these drugs in order for it to be taken to the police station, for it to be processed. If, however, it was part of your side hustle, then would it explain why you would not want to get anyone else involved and why it was only you and Magane ...”
Chief Mashaba admits that once he has involved the police, he leaves everything to them, acknowledging they know what to do and who to call.
“Once I involve the police, I might have maybe a big mouth standing there, but I leave everything to the police. They know who to call, what to do.”
Chief Mashaba explains that being in charge of an operation means taking accountability and control of the scene, but also notes he cannot command police resources and they take the lead in joint operations.
“You take accountability, you take control of the scene. ... In the police, you do not command somebody's resources. And when we are jointly working in an operation, they take the lead.”
Chief Mashaba claims that he can arrest a person independently at the scene if there is reasonable suspicion and does not need permission from Magane though Magane was in charge.
“Arresting, I do not need his permission. I can still do if there is that reasonable suspicion.”
Chief Mashaba admits that he does not have training or knowledge about the processes and prescriptions for opening and searching containers, nor has he seen any documents governing those procedures used by Traffic Police as of July 2021.
“No, I do not have. ... I do not know. ... I have got no idea. ... I do not know. ... I do not know. ... I do not know. ... I do not know.”
Advocate Khumalo challenges Chief Mashaba on not involving the Directorate for Priority Crime Investigation (DPCI) despite it being the responsible body for level 3 drug trafficking investigations; Mashaba replies that DPCI involvement is often a 'no-no' in general terms but is evasive about specifics.
“Because the PCI is captured, you made the decision that you do not want to involve them ... DPCl, okay, me knowing not all obviously it cannot be a blanket statement to all. Most of them we know it is a no-no.”
Chief Mashaba claims there is a Memorandum of Understanding (MOU) related to operations but does not clarify or identify any document governing searches by Traffic Police in 2021, and admits lack of knowledge on prescribed processes for opening containers and handling seals during searches.
“Well, I might not know that exactly. ... Because now there is MOU's signed with ... Hence I did not open. ...”
Phakula was told to go to Alberton because the plan was to take the collected items there, but Chief Mashaba did not wait for Phakula before opening the container and arresting people.
“Phakula in fact says she went to Alberton because he was told that once you have collected what you were collecting, you will be taking it to Alberton... you had already opened the containers, you had already arrested people.”
Chief Mashaba was expected to call the police during the operation, but he called somebody to tag along instead to legitimize their actions since Magane was not in charge.
“What you called was somebody to tag along with you. What you called was somebody from Zonkizizwe to tag along with you, to legitimize what you were doing, because Magane was not in charge of this operation. He was following your lead.”
Chief Mashaba did not know Magane was from Zonkizizwe but admitted Magane was leading the operation and called others including Phakula for assistance, indicating Magane was above him.
“I did not even know that Magane is from Zonkizizwe ... He was leading ... obviously he also informed me that he called Phakula, he called other people.”
Chief Mashaba admitted they were going to take the bags (seven in number) to the impound in Alberton, detain if necessary, and take the cargo to 13 in Alberton.
“We were going to detain, if need be, and take the cargo to 13 in Alberton... To 13 in Alberton, yes.”
Chief Mashaba said they did not know how long Phakula would take to arrive and were under the impression everything started and would end in Alberton.
“Well, we did not know how long will Phakula take to arrive... We were under the impression that because everything started in Alberton...Because everything started in Alberton, it will end in Alberton.”
Chief Mashaba called General Mawela first when he was placed under arrest, not any other police officers because of harassment and bullying of General Khan.
“The first person you called was General Mawela, right? ... Because of the harassment and the bullying of Khan, General Khan.”
Chief Mashaba distrusted many senior officers because they had interests in the case but trusted General Mawela since the operation was in progress and there was no risk of sabotage or disturbance to the operation's success.
“You do not trust all these senior officers ... but I think because the operation is in progress ... there will be no disturbances or sabotage for this to be a success.”
Despite the drugs being in full public view after the container was opened, Chief Mashaba did not mobilize other SAPS units or call the appropriate people, relying on Magane and others to know what to do.
“You do not call other SAPS ... You say we are under the impression Mr Magane ... will know what to do ... I left everything to Magane ... for him to say, I called Phakula ... then I know we are safe now because they are calling the relevant people.”
Chief Mashaba physically fought with General Khan on scene despite other SAPS officials taking charge who were appropriately qualified, raising questions why he fought with them.
“You fight with Khan when he comes there and takes charge ... other people are now there ... you and Magane are completely inappropriate for this operation ... Why do you fight when SAPS officials, appropriately qualified, come and take control of the scene?”
Chief Mashaba denied fighting but said General Khan was fighting them.
“I was not fighting. Khan was fighting us.”
Chief Mashaba alleges General Khan bullied the police officers on the scene by bypassing the first responders and approaching Scania personnel instead during a police operation.
“So Khan came, bullied us. Number one, every policeman that comes on the scene, you go straight to the first people, first responders on the scene. That did not happen. Instead, he went to, I can say, Scania people and we all are looking at that.”
Chief Mashaba claims General Khan commanded regard and salutes on the scene but then questioned traffic officer Magane in a demeaning way.
“Only when he comes nearer to us, I hear and see people saluting, yes, General, yes, General, yes, General. Then I started maybe becoming, I do not know what is the right word, when he started saying to Magane, who are you, where are you from, who is the driver of the bakkie, sitting your car.”
Chief Mashaba wanted to remove Sergeant Warrant Officer Magane from the vehicle, considering the conduct as bullying and abuse of power by General Khan.
“I wanted to take Magane out of the bakkie.”
The SAPS operation at the scene was under the control of a General, and Chief Mashaba questions why he was actively trying to remove Magane, who was believed to be under arrest.
“It is a SAPS operation. It is not a Traffic Department operation. It is a SAPS operation. You continue to, you want to continue to be active to a point of wanting to take Magane, who you think is under arrest, you want to take him out of that arrest which has been ordered by a General.”
Chief Mashaba confirms that Mr Nkua accompanied him from Yellow Jersey to Aeroton to avoid misunderstandings about information he provided to others.
“Mr Nkua asked me that will it be a problem for me to accompany you guys, because other informations that I gave to other people, I get to be told they were unsuccessful or I get to be told stories or excuses. Can I come with you guys? I said, I do not see this as a problem because I know I have worked with a lot of police that comes with their informers. The only thing I said to him, please make sure you sit in your car and you do not participate.”
Chief Mashaba denies knowledge that Mr Nkua took photographs at the scene during the operation.
“I am not aware.”
Chief Mashaba states that at Yellow Jersey Logistics, police officers were told they did not have necessary paperwork (such as search and seizure warrant) to access the container/truck, and to open the container at the client's premises instead.
“No, they said it, what if you open here and then we get in trouble with the client, rather preferably go and open it at the client.”
There are many bogus police officers operating, evidenced by their use of grey Golf 7 vehicles, lack of uniforms, and possession of fake police cards that look more authentic than originals.
“There is a lot of bogus cops operating. So they can see a Golf 7 that is grey. We are not in uniform. Even the cards, the bogus cards, they look more authentic than originals.”
Jolene Wentzel's statement describes police officers demanding escort paperwork for a container at Scania, which they did not have, leading to the arrest of Wentzel and others on suspicion of possession without proper paperwork.
“They told him that they do not have the paperwork. Clinton then told me that he told them to escort the container to the client in Aeroton and that is where it will be opened. ... The tall police officer further said that myself and Cornelius, including the driver, that we were under arrest.”
Police officers presented themselves as Crime Intelligence officers to Jolene Wentzel at Scania, but Chief Mashaba denies having told them that they were from Crime Intelligence.
“They have introduced themselves as police officers from Crime Intelligence. ... No, people that want to defend themselves would say anything. So how do I say to a person, I am Crime Intelligence?”
Chief Mashaba disputes that he introduced himself as Crime Intelligence during the operation and denies the allegation despite it being contemporaneous and from a statement by Jolene Wentzel.
“I cannot do that. ... I do not know why she said that because I did not say that.”
Police arrested people at Scania on suspicion of possession of drugs without proper documentation and acted aggressively towards those who called the police.
“The tall police officer asked very aggressively who called the police because now they are here to interfere with his investigations.”
Chief Mashaba states drugs were secured as exhibits and asserts that he was not in possession in the legal sense when overseeing the handling of the drugs during the operation.
“It is securing exhibit.”
Chief Mashaba admits placing people under arrest until cargo can be confirmed, and states K9 unit was on its way to assist.
“Remember, we, I place you under arrest until we confirm the cargo, hence, K9 was on its way.”
Advocate Baloyi SC challenges how Chief Mashaba could take instructions from Yellow Jersey managerial staff when he is conducting a law enforcement operation on their property involving narcotics.
“How do you take instructions from the Yellow Jersey people not to conduct an operation. Here you are in a lawful operation. Let us assume this is a lawful operation. How do you get told by the people that, according to you, at that point are in possession, because Yellow Jersey is in possession at that time, because this is their property.”
Advocate Segeels-Ncube alleges police acted under false pretences, creating the impression they were from Crime Intelligence when they were not.
“Well, you were there under false pretences because you created the impression that you were from Crime Intelligence.”
Chief Mashaba claims he was only "advised" by Yellow Jersey Manager and did not receive dictation on not to take action regarding the narcotics inside the truck which was Yellow Jersey property.
“It is not dictated upon, it is being advised. ... Because Yellow Jersey Manager also did not know what is inside.”
Advocate Baloyi SC accuses Chief Mashaba of negligence for not acting swiftly despite knowing drugs were in a truck parked and notifying police beforehand, implying missed opportunity to mobilize resources.
“You left your house knowing there is a truck that is parked that we are going to open because it has drugs in it. You knew that before you arrive on the scene. You had ample opportunity to mobilize resources.”
Chief Mashaba advised that if someone requests not to open something and to escort it to the client first, this is to maintain the relationship between him and his client and prevent it from turning sour.
“I am advising that please, please, I am not saying do not open, but I am advising please escort it to the client, then you open so the client can see what is …”
Adv Baloyi SC suggested that Chief Mashaba did not operationalize at New Jersey and acted on the advice of suspects in possession of the Yellow Jersey truck, which led to aborted action at that location likely because he feared they did not trust him and might call the police on him.
“...that you did not operationalize this at New Jersey, you tell us you acted on advice of people who are suspects themselves. You acted on their advice. It does not make sense. And then I say, this is what it looks like, it looks like you aborted Yellow Jersey because you saw these people do not trust you, thought they will call the police on you, and you were hoping at the second location you will be able to take the drugs and do a quick get away, which I suggest you were doing with a black van.”
Chief Mashaba stated he would not comment on Adv Baloyi SC's suggestion that he aborted Yellow Jersey because of mistrust, saying he would not attempt to say Adv Baloyi SC was wrong.
“I would not even attempt saying you are wrong. I have learned to accept that. I do not think I will ever make sense to you, Commissioner, because ...”
Chief Mashaba was informed recently by Nku that General Mfazi died on 8 July 2021.
“I was told by Nku recently that he died, I think on the 8th of July.”
Nku intended to involve Chief Mashaba in offloading drugs from trucks, offering tips to execute a legitimate operation, but there is no confirmation Nku previously engaged General Mfazi who died 8 July 2021.
“He involves you in that you say he was giving you a tip off so that you could execute a legitimate operation. And really, we do not have anyone to confirm that he had previously engaged with General Mfazi because General Mfazi is no more about the same information that he gives you on the 8th of July 2021. Correct?”
On 9 July 2021 at 10:34, Director Pompi phoned Chief Mashaba, Acting Deputy Director in the Southern Corridor, to join a visit to all the K78 roadblocks to give support to officers, indicating an urgent matter he was attending to though he did not disclose details.
“On the 9th of July 2021 at 10:34 I phoned Mashaba as the Acting Deputy Director in the Southern Corridor to join my visit to all the K78 roadblock in our area to give support to our officers. He indicated to me that he has an urgent matter that he is attending to, but he did not mention the matter. I respected what he told me due to the nature of his meetings and operations...”
Chief Mashaba did not tell Director Pompi at 10:34 on 9 July 2021 about the massive drug bust he had just made and chose not to mention it during the call to join the visit to K78 roadblocks, despite it being a significant operational event.
“Why did not you at 10:34 when you received the call from the Director to join, that is, do you dispute that when the call was made it was to join you to visit the matter at the K78 roadblock?... This is not even you calling Director Pompi. Director Pompi is calling you to ask you to join on the road block... Why do not you mention it then? ... You have just made a significant drug bust, 700 kilograms. You do not see that when your boss calls you out to join on a roadblock that you say, listen, I have done something bigger here?”
Advocate Segeels-Ncube alleges that Chief Mashaba engaged in a side hustle operation with Mr Nku and only informed superiors like General Khan when under pressure, implying intentional concealment of his actions.
“Chief, I am going to suggest that you did not tell Director Pompia about your discovery because you were not on a legitimate operation. It was your side hustle with Mr Nku. That is why you did not say anything. You only involve people when you are now in a bind because you have been arrested, because you are being bullied by General Khan.”
Chief Mashaba said he was going to tell Director Pompi about the drug bust call but did not see any urgency at the time and the scene was chaotic, expecting to get time to call Pompi later.
“No, I was still going to tell him. As to what time, I did not see any urgency. The scene was a chaos this time already. So I knew I was going to get time to call him, because here we were still, I can say we were still having some misunderstandings with other police as colleagues.”
Chief Mashaba agrees that if the operation was illegitimate, he agrees with the opinion but denies stealing or wrongdoing and states it is his word against others'.
“That she is put to me that it is because it was illegitimate. So I am saying I agree with you because that is your opinion. I cannot say anything. ... If you are saying I was stealing, it is your word against mine. It is fine. I will accept what you are saying.”
Chief Mashaba denies having control over whether he informed Director Pompia and seems to accept the statement as is, but Chairperson challenges this denial noting he had control to inform his superiors.
“Well, you are telling me I do not have control over that. I will just accept what you are telling me. ...No, you did have control over telling your superior what you were doing. You cannot hide behind what you have just said. Nothing stopped you from telling him.”
On 9 July, Chief Mashaba and Magane introduced themselves to Yellow Jersey personnel as Crime Intelligence officers and tried to open a container without documentation, leading to a police callout due to aggressive and suspicious behavior.
“If you look at paragraph 3, they say on the 9th of July, Mr Van Niekerk was at home when Hardus, their Director, gave him a call stating that there are people from Crime Intelligence here asking to open the container. ... they say the reason for calling Booysens Police was because you did not want to identify yourselves, you were aggressive and you were behaving in a suspicious manner.”
Chief Mashaba was operating as a bogus Crime Intelligence officer on 9 July, impersonating a police officer according to Yellow Jersey employees' account.
“If what they are saying is true, it means you were impersonating a police officer. You were operating as a bogus Crime Intelligence officer if what they are saying is true.”
Yellow Jersey employees refused to open the container because Chief Mashaba and party did not have documentation and behaved aggressively, which led to involvement of the Booysens Police.
“They asked for documentation and you did not have documentation. ... the Booysens Police was called because you did not want to identify yourselves, you were aggressive and you were behaving in a suspicious manner.”
Chief Mashaba admits that some people changed their statements in relation to the incident at Scania, but he does not know when this happened.
“I want to put to you, Commissioners, that ourselves, upon our investigations also, we know people were made to change their statements. ... As to when, I do not know.”
Mr Riekert states Chief Mashaba produced a police ID identifying himself as a Warrant Officer but became aggressive when Mr Riekert tried to record information.
“He produced a police ID card identifying himself as a Warrant Officer. When I wanted to write down the information on the card he became very aggressive.”
Mr Riekert, a retired SAPS Captain and Security Manager at Scania, states that during the investigation, Chief Mashaba was very aggressive, obstructed others' work, and intimidated by threatening arrest if interference occurred.
“He says: 'Being a retired Captain in the Police, I asked him why they were not following normal investigation protocols. With a very aggressive attitude he told me not to try to do his work and that he would arrest me for interfering in the investigation.'”
Mr Riekert reports that when he tried to take photos of the events at Scania, Chief Mashaba and Magane were aggressive towards him and even told police who arrived to go away, claiming it was their scene.
“He says in paragraph 10 that even the police who arrived, you were aggressive towards him and you told them to go away because this was your scene.”
Chief Mashaba denies being aggressive towards Captain Opthof of the Flying Squad, noting Opthof was in official uniform and the police got control of the scene when they arrived.
“With Opthof, I was not aggressive. Opthof was in uniform officially in a police car. ... More police then arrived and took over the scene.”
Sergeant Ndou's marked police vehicle was parked in front of a black Nissan bakkie, indicating upon arrival the three officers wanted to leave with black bags behind the bakkie, saying that they were taking them to where the truck came from, Roodekop.
“Sergeant Ndou’s marked police vehicle was parked in front of the black Nissan bakkie, indicating that upon his arrival, the three mentioned officers wanted to leave with those black bags behind the bakkie, saying that they were taking them to where the truck came from, which is Roodekop.”
Chief Mashaba feels dismissed as his statements and footage obtained by Captain Sebola are not being considered, denying him a fair chance to explain the events of the scene.
“I do not know why do you crush or dismiss me when I say I become happy when we talk the scene, because we know that Sebola obtained a video of footage, we know. So I am being dismissed, the video of footage has been dismissed, and we know that is where the truth is. So whatever that will be asked about the scene, I will still be not listened to because I am also saying, please, can we get the video of footage. I am being dismissed, so ...”
Magane described himself as coming from the Hawks and thought he had the right to chase away uniformed police officers on the scene, but Chief Mashaba denies this happened.
“I want you to comment on the contents of that paragraph 9, it is true or it is not true. When Magane was asked for reasons why he described himself as coming from the Hawks, he could not give an answer. And on the question why he was chasing uniformed police officers on the scene, his answer was that he was thinking that it was his scene, in other words, he had the right to chase away other police officers. No, this is wrong. It did not happen.”
Magane admitted that he did not know drugs but suspected that the consignment he was loading could be drugs.
“And when he was asked if he does know drugs, his answer was he did not know drugs. And when he was asked why he was loading them, on why was he loading what he does not know, his answer was he suspected that the consignment could be drugs.”
Mr Nku was found with R60,000 in cash on the day in question but did not disclose this to Chief Mashaba, who was unaware of the amount or its purpose.
“Mr Nku was found with large amounts of hard cash on him on the day in question? ... R 60,000.00. Now, were you aware that he was carrying that amount of cash on the day? ... I was not aware. ... Did he tell you what that amount was for? ... No.”
Commission is not a criminal court and does not require proof beyond reasonable doubt but evaluates facts and probabilities to draw inferences.
“Many witnesses have come to this Commission and they have said, well, you must prove these things beyond a reasonable doubt. That is not how Commissions of Inquiry work. ... We are a Commission of Inquiry. We do not prove things beyond a reasonable doubt. We look at all the proven facts, we balance probabilities and in some instances we connect dots and we draw inferences.”
The witness was involved in operations at OR Tambo airport where police officers were paid by Mr Nku to use their positions unlawfully.
“you involved other police officers in those activities and that they were paid by Mr Nku”
The witness has a close relationship with Mr Nku, described as a brother, and was receiving money from him, allegedly up to R50,000.
“he was funding you . He was giving you money . Today you said it is up to R 50 , 000 . 00”
The witness was ready to assist Mr Nku using his police position for unlawful operations and did not inform superiors about the operations until after getting arrested.
“you did not inform your superiors ... until you got arrested”
The witness is alleged to be part of a criminal network engaging in unlawful activities including drug trafficking, unauthorized arrests, spying on vehicles, and manipulation of investigations for Mr Nku.
“appears you are part of a criminal network ... activities that included drug trafficking ... arrests without proper authorization ... spying on people's vehicles ... enquiring within officers about exhibits because Mr Nku wants that”
Chief Mashaba denies being a bad person, asserts respect for Ms Mazibuko who he describes as motherly and morally upright, and states he continues learning from her.
“I am not that bad or I am not bad like how people perceive ... I wish to clear Ms Mazibuko because that person I take as a mother ... She does not mix with the wrong things ... I continue learning from her”