Hearing day 108

Lieutenant Colonel Nkoana Joseph Sebola started his policing career on 3 July 1992 at Maleboho Police Station as a Constable.

“I started my policing career in 1992-7-03, and after passing out in December 1992, I was posted at a police station, Maleboho Police Station as a Constable.”

From 1996 to 1999, Sebola worked in Capricorn Area Finance at Polokwane and was promoted to Warrant Officer in 1999, posted to Crime Prevention at Polokwane Police Station.

“Then in 1996, I got transferred and worked at Capricorn Area Finance at Polokwane until 1999, when I got my promotion to the rank of a Warrant Officer, and posted to Crime Prevention, Polokwane Police Station.”

During December 1999, Sebola obtained his National Diploma in Policing from Technikon SA.

“During December of the same year, I obtained my National Diploma in Policing from the then Technikon SA.”

In 2002, Sebola was recruited to the Detectives section in Polokwane Station and started tracing wanted suspects focusing on triocrimes including house breakings and carjackings.

“In 2002, I was recruited to the Detective section of the station in Polokwane, but started doing tracing of wanted suspects, or the so-called red dockets and I did not take long, and I was asked to investigate, and investigated what was then called triocrimes.”

In 1994, Lieutenant Colonel Sebola was promoted to Sergeant and posted in administration focusing on logistics and finance.

“In 1994, I was promoted to the rank of Sergeant, and I was posted in the administration of which focus area was logistics and finance.”

Cold cases differ from red dockets as cold cases are closed with no suspect identified, awaiting evidence like DNA or fingerprints, to bring the case to life.

“The cold, you might find the case has been closed, with no suspect, and suspect unknown. Then, either awaiting the outcomes, it can either be the DNA, the fingerprints, any other thing that may identify the person, then those dockets were the cold dockets. Now, after having received that information, then it comes to life.”

Red dockets are closed dockets with warrants of arrest, differentiating them from cold dockets which are closed cases with no suspect identified and awaiting further evidence such as DNA or fingerprints.

“Red dockets is the dockets that have been closed with warrants of arrest, that is why we are calling them red dockets.”

Sebola completed drug related training including a drug identification workshop and a cyber element of crime investigation course offered by the United Nations on drug and justice system.

“When I started investigating drug docket, the first thing I was taken through was the drug identification workshop. I have also undergone a course which was offered by the United Nations on, it was a cyber element of crime investigation, cyber element. It was offered by the United Nations on drug and justice system, if I remember well.”

Triocrimes refer to crimes including housebreakings and carjackings which were a focus for Lt Col Sebola.

“At that time, we were investigating the crimes of housebreakings, we were doing carjackings and, ja, those were my focus area.”

Sebola has undergone in-service training including Detective learning program, disciplinary hearing courses, Organized Crime Investigators Course, 3008 Basic Computer Competency, and is currently studying for an LLB at Regenesys Law School.

“I have undergone the following in-service training, Detective learning program, disciplinary hearing courses, Organized Crime Investigators Course and 3008 Basic Computer Competency. I am currently studying towards my LLB with Regenesys Law School.”

He also completed courses of chemical and precursor chemicals investigations related to illegal drugs.

“I have undergone the courses of chemical, precursor chemicals investigations, in fact, precursors to illegal drugs, Commissioner, to be clear.”

From 1 August 2016, Sebola was posted as a Captain in West Rand Gauteng as an investigator focusing on the South African Narcotic Enhancement Bureau (SANEB), later moved to Germiston unit with all SANEB members.

“So, in 2016-08-01, I got a post as a Captain in the West Rand in Gauteng as an investigator. That is when I started investigating the scene. Then, the group, SANEB, was then moved to Johannesburg unit, and I was focused on South African Narcotic Enhancement Bureau and within a short space of time, all SANEB members were moved to Germiston unit.”

Early 2019, Sebola and SANEB were posted at O.R. Tambo International Airport to investigate drugs, economic protected resources, and illicit money movement, then recalled in early 2020 to do similar work in Germiston.

“In 2019 early, we were posted at O.R. Tambo International Airport to investigate drugs, economic protected resources, cases of illicit movement of money. And in early 2020, we were recalled to do the same work in Germiston.”

The two warrant officers who accompanied Sebola were sergeants at the time of the call but are now warrant officers.

“At the time, they were Sergeants, both of them. Now they are Warrant Officers.”

Sebola joined the Directorate for Priority Crime Investigation (DPCI) in 2016.

“In 2016.”

On 9 July 2021, Sebola received a call to attend to a complaint of drug dealings in Aeroton and informed Warrant Officers Phume and Machebe to go with him to the scene; because of COVID, Phume used another vehicle and drove with Machebe.

“In 2021-07-09, at about 11, I received a call that we must go to Aeroton to attend to a complaint of drug dealings. Then, I informed Warrant Officer Phume, Warrant Officer Machebe, to drive together and go to the scene. Since it was the year of Covid, Warrant Officer Phume opted to use other vehicle and drove with Warrant Officer Machebe.”

The call to attend the drug dealings complaint in Aeroton was from then Lieutenant Colonel Ludick.

“Lieutenant Colonel Ludick, back then.”

Warrant Officer Rikhotso is part of Serious Organized Crime division within DPCI, which has three divisions in Serious Organized Crime.

“He is with DPCI but we have got three divisions in Serious Organized Crime.”

At a drug dealings scene on 9 July 2021 in Aeroton, Sebola was approached by Warrant Officer Rikhotso, who was with Colonel Maluleke, the Unit Commander of Johannesburg.

“And I was approached by Warrant Officer Rikhotso, who was at that time with Colonel Maluleke, the Unit Commander of Johannesburg.”

Sebola was promoted to Lieutenant Colonel on 1 November 2022, posted to Limpopo where he heads the SANEB section, similar to Colonel Steyn's role in Gauteng.

“2022, November 1, to Limpopo, where I am currently, but still under SANEB. I am heading the section ... You are heading SANEB for Limpopo? Correct, yes ... That is correct.”

The SANEB section focuses on drug-related legal and illegal activities.

“The other section that was where I was based is SANEB, concentrating on drugs and all this relevant legal drugs and illegal drugs”

Colonel Maluleke was the Unit Commander of Johannesburg in the DPCI.

“Colonel Maluleke was the Unit Commander of Johannesburg”

The EPR (Economic Protected Species) section deals among other things with illegal mining.

“there was this other section of EPR, which is for the Economic Protected Species, which specifically deals with among others, illegal mining and other things”

Warrant Officer Rikhotso was from the Serious Organized Crime section, now called NPVC, dealing specifically with cash-in-transit offenses, which are violent crimes.

“Warrant Officer Rikhotso was from Serious Organized Crime also, but he was at, we call it now NPVC, which was violent crimes. They were specifically dealing with the cash-in-transit offences”

Upon arrival at a crime scene, there were police officers and employees of a shipping agent (not employees of Scania company) present.

“Upon my arrival there were people on the scene. Amongst them there were police officers and the employee of the company at Scania, but I was made to understand that company is not Scania, because they were just the agent responsible for accepting the ... shipping agent. In fact, they are just receiving any items on behalf of their clients”

The DPCI had units in Johannesburg, Germiston, West Rand, Vaal, and Pretoria.

“we had the unit in Johannesburg, we had the unit in Germiston, we had the unit in the West Rand, we had the unit in Vaal, we had the unit in Pretoria”

Jolene Wentzel worked for the shipping agent, not for Scania.

“She is working for the shipping agent. Not for Scania.”

Elias Mosetla and Ntungwa were also working for the clearing agent, not directly employed by Scania.

“According to the information I received, those people I was informed they are working for the clearing agent”

Various police officers were present at the scene, including Captain Optoff who was in uniform and driving a marked car.

“There were various police officers. And then, there were others, I do not remember, but they were driving a marked car. One of them that I have identified was Captain Optoff, who was in uniform”

Captain Optoff was from the Flying Squad and was manning a roadblock before the incident.

“He is from Flying Squad. He is the one of those who were manning a roadblock before this incident”

There were over 20 or more people present at the scene upon evidence given by LT-COLSebola.

“Commissioner, to be precise, there might be over 20 or more. There were a lot. There were a lot of people.”

Warrant Officer Rikhotso contacted LT-COLSebola saying his Colonel had phoned LT-COLSebola's office to ask for assistance to take over a chaotic scene.

“My Colonel phoned your office. My Colonel, he was referring to Colonel Maluleke. Can you please assist and take over, because what is happening here is a chaos”

Colonel Maluleke contacted General Kadwa, and they suspected that the bags in a black Nissan bakkie contained drugs but could not take over the scene, so LT-COLSebola had to speak to Sergeant Ndou, the driver of the marked Booysen bakkie.

“Colonel Maluleke contacted General Kadwa, and they are suspecting bags in the black Nissan bakkie are drugs. They could not take over the scene, and therefore I must talk to driver of the marked Booysen bakkie, to whom I introduced myself as Sergeant Ndou”

The marked police vehicle was blocking the black Nissan bakkie because its driver wanted to drive away.

“the marked police vehicle was blocking the black Nissan because the driver wanted to drive away”

SA NCB drug unit officers, who specialize in drugs, take over crime scenes from initial responders who lack drug expertise, and provide confirmation about suspected drugs.

“The reason why we are called to the scene first, we are specializing in drugs. Once they say drugs are involved, we are the team that can deal. When they say, when you arrive at the scene, you suspect something, call the necessary people. We are, in fact, we are amongst the necessary people. We are the one who can say, yes, indeed, we can confirm these are the suspected drugs.”

It is general SAPS practice that officers specialized in an area take over the scene to manage the situation, for example explosives scenes are evacuated by the first arriving officer until appropriate specialists are brought in.

“That is how it should work.”

There was confusion about which officers had custody of the scene: first two accused Officers Mashaba and Magane were initially in charge, but later Officer Phakula claimed to have taken over from them, which LT-COL Sebola denies.

“Mashabaan and Magane arrived first. ... It was never [the case that Phakula was in charge].”

Jolene Wentzel informed LT-COL Sebola that the officers identifying themselves as Crime Intelligence Hawks had no official recognition, and their claim was based only on flashing police emblems.

“When I got informed by Jolene, he says these people, they are identifying them as Crime Intelligent Hawks. This was his explanation. Then I said we do not have such. We cannot have Crime Intelligent Hawks.”

Sergeant Ndou was the official custodian in charge of the scene when LT-COL Sebola was called in.

“The person who still is the custodian of the scene is Sergeant Ndou.”

Officer Phakula was not in charge of the scene despite his claim otherwise.

“No, it was not.”

Officer Magane was blocked from leaving the scene by a police van while he was sitting in the driver's seat of a black Nissan bakkie loaded with black sports bags; Magane called for assistance from Officer Rikhotso and others.

“I then approached the driver of that black Nissan who was seated in the bakkie and identified himself to me as Warrant Officer Magane. The bakkie was driving out of that scene. ... He blocked. Then he called, I understand, that is when he called Rikhotso and others.”

During a phone call with Brigadier Lewela, Warrant Officer Magane was taking a batch of suspected drugs from a container to his station.

“I understand you have loaded this batch and they come from this container. What are you doing? He said no, I was taking them to my station. Then I said why? At that time when I am still talking to him he took, he pulled out a cell phone, then he wanted to call. I could notice that in that call he was phoning Brigadier Lewela.”

Lt-Col Sebola confirms that only Magane and Mashaba were the first police officers on the scene, and they were blocked from leaving by Ndou and his colleague.

“That is correct, Commissioner. They are the one who blocked. There were no other police that I was told that they give such instruction to, either to stop or to drive out.”

If Magane had left the scene with the bakkie loaded with the drug consignment, there would have been nothing to investigate because the illegal drugs would have been removed from the scene.

“Commissioner, we will remain with nothing to investigate, because if that bakkie was, when we ... The drugs were not there also.”

Magane and Mashaba impersonated Crime Intelligence officers when they identified themselves at the campus, which is a criminal offence.

“It is a criminal offence to impersonate somebody. ... Even if you are a police officer yourself for you are a traffic officer?”

The only thing inside the container at the scene was the Scania caps, nothing illegal was found.

“The only thing that we were going to find inside that container it was the cap, the Scania caps. So, there was nothing illegal to investigate for us.”

Magane is a CIMAC officer at the police station and not a Crime Intelligence Officer, so it is incorrect for him to refer to himself as such.

“So he is not a Crime Intelligence Officer? No, he is not.”

At the Scania Aeroton gate, Magane and Mashaba showed appointment cards and introduced themselves as officers following information about drugs being transported from Aeroton to Scania.

“Whilst I got out of the vehicle I was approached by Warrant Officer Magane by showing his appointment card and who introduced a traffic officer named Mashaba and told me that they were following information in regard to drugs from Aeroton to Scania, Aerotons since yesterday...”

The bags loaded at the back of the Scania truck contained drugs, and the truck driver was informed he would be arrested for possession of drugs.

“... they loaded the bags ... drug ... The bags loaded at the back of the Scania truck and that they are going to book the bags ... at SAPS, Alberton. Then the suspected, the truck driver informed them that the bags as well ... suspects should be booked and detained at SAPS, Booysens ...”

The drugs were recovered at SAPS Booysens, where suspects were booked and detained.

“Be booked and detained at SAPS, Booysens because the drugs were recovered at SAPS, Booysens area.”

Sergeant Ndou reported to the 10111 desk that drugs were discovered and the driver was arrested, but did not mention any crime involving police officers trying to leave with the drugs, which seems to misrepresent the true nature of the event.

“even when Sergeant Ndou gives a report back to the 1011 desk, he does not mention that there is a crime happening, i.e. police officers trying to leave with the drugs. Instead, it looks like he is reporting back that there is an operation happening where police have discovered drugs and that the truck driver has been arrested .”

The truck at Aeroton suspected to be hijacked was actually being escorted by police and was not hijacked; drugs were found inside the truck and the driver will be arrested; only one suspect was identified.

“at that complaint, Aeroton truck hijacking, the truck was not hijacked. The truck was being escorted by the police. They suspected that there was something wrong under the truck and the truck was open and found drugs inside. The driver will be arrested. There is only one suspect.”

At the scene of the incident, various people including Ms Wentzel, Mtungwa, and Masetla did not mention any attempt by the vehicle or bakkie to leave, which contradicts claims that the vehicle was trying to leave with illicit drugs.

“if you look at the statements of other people who were there at the scene, whether it is Ms Wentzel, Mtungwa, who was there to unpack Masetla who had to cooperate with loading the bags, all of them do not mention anything related to the truck, sorry, the bakkie wanting to leave .”

It is strange that no one present at the scene, including the involved sergeants, mentioned any attempt by the Magaane's vehicle to leave with the drugs despite the Booysen vehicle driving in at that time.

“particular when the Booysens vehicle drives in, none of them, including the Sergeants involved, mention the Magane's attempt to leave with the drugs .”

People who mentioned the bakkie trying to leave, such as Mogoboya, only heard this third-hand. Walker from Scania also did not mention any attempt by the bakkie to leave when arriving with Ndou and Makumbila.

“people who mentioned the bakkie trying to leave are not the ones that were there at the time. So, for example, Mogoboya also hears it third-hand that the bakkie was trying to leave. Maybe another important person to note is Walker from Scania who arrives at the same time with Ndou and Makumbila. He, too, mentions nothing about the truck trying to leave, the bakkie trying to leave .”

It is expected that the initial report by Sergeant Ndou to the control centre would state if it was a legitimate operation, including that those called to the scene could be sent away because the operation was clear.

“when you are the first member at the scene, the people that were called to the scene, or one should say, if indeed there was a legitimate operation, normally, after this feedback by Sergeant Ndou to 10111, what should have happened was for Ndou to say all those who were called to the scene can cancel because the operation is clean .”

Sergeant Ndou phoned his uncle, Warrant Officer Rikhotso, to inform him about the scene and the situation, and Rikhotso confirmed Sergeant Ndou's version that the vehicle was about to leave and had to be blocked.

“He phoned his uncle who is Warrant Officer Rikhotso, to say this is what the scene looks like. ... Sergeant Ndou gave me the very same picture that the reason why you seem stopping in front of this vehicle, it was about to leave, I had to block it.”

The SAPS vehicle parked in front of the black bakkie to block it from leaving because there was no other reason to park there given the availability of nearby parking spaces.

“the only reason for the SAPS vehicle to park in front of the black bakkie was to block it from leaving because there could be no other reason for them parking in front of it when there is so much parking area nearby, or even park in front of the truck if they wanted to.”

Sergeant Ndou's explanation of the event given at the time to the radio receiving end differs from the written statements given later, which is concerning given the contemporaneous nature of the radio communication.

“his explanation differs to what now he is writing under oath. It is indeed concerning.”

The explanation for blocking the vehicle is not included in the written statements despite being the reason given orally for parking the SAPS vehicle in front of the black bakkie.

“although you accept that in the written statements, this part about them blocking the vehicle and why they blocked it is not there.”

The report by Sergeant Ndou at 11:23:22 AM stated the truck was being escorted by police and it was not a hijacking, which differs from the original report of a truck hijacking.

“That report back that you were discussing now, you see where I am? That report back that you were discussing now is it is not a truck hijacking .”

Officer Magane being seated in the vehicle was not associated with General Khane being at the scene, nor was General Khane's role known at the scene.

“in relation to Officer Magane being seated in the vehicle, did you come to know of General Khane ever being on the scene? No. And the role that he may have played? No.”

Colonel Ludick arrived immediately after dropping his phone with General Kadwa and Brigadier Lewela; they arrived together but were requested not to be near the scene.

“Colonel Ludick then arrived immediately after he dropped his phone with General Kadwa and Brigadier Lewela. Then I approached Colonel Ludick. We were then joined by Colonel Kekana ... They arrive together, but after having arrived, because already at that time, they were requested the people not to be nearer the scene.”

At the scene, the arrival of personnel occurred in dribs and drabs over about 10 to 20 minutes rather than all arriving at once.

“if I can, in fact, at that scene, it did not take, in fact, we were arriving in drips and drabs. It was not taking, like to say, 10, 20 minutes to arrive. When we arrived, we were still busy, this one arrives. When we were still, this one arrives.”

Lieutenant Colonel Sebola informed Colonel Ludick that something sinister was happening involving members who were not assisting in arresting the suspect.

“I was just informing him that something sinister is happening here . And then , at that time , we have not yet opened the bags . We have not yet offloaded the bags . We have not yet cordoned the scene . I am informing him something wrong is happening . Our members are involved in other things that is not aimed at assisting us to arrest the suspect”

Lieutenant Colonel Sebola suspected that members about to leave were defeating the end of justice.

“... I can conclude by saying , by leaving that area , Colonel Ludick , these people , they are defeating the end of justice . We are not going to get whatever we wanted to”

Brigadier Lewela was present only on behalf of Anti-Corruption but said people cannot be charged for anti-corruption if they defeat the end of justice in drug matters.

“... Brigadier Lewela said , he is here only on behalf of Anti - Corruption , but , by the explanation , people cannot be charged for anti - corruption if they are defeating the end of justice ... and we are already saying drugs are involved”

Lieutenant Colonel Sebola opined that if the bags offloaded contained explosives, it would have been a very serious scene if they exploded.

“Let me assume that the same bags that were offloaded are explosives , we were going to be faced with a very serious scene if those explosives exploded here”

Lieutenant Colonel Sebola testified that the person who loaded the bags onto the bakkie was not supposed to do so and should not have offloaded them to preserve the integrity of the consignment being investigated.

“... the person who loaded those bags was not supposed to load them in his bakkie . That is the first thing . And the second , he should even not have offloaded them from the container , if he wanted to maintain , to retain the integrity of the same consignment we are investigating”

Lieutenant Colonel Sebola stated that none of the bags were opened to substantiate allegations that they contained drugs, placing his life in danger.

“... looking at these bags , none of it has been opened to substantiate what we are saying , the allegation of saying these are drugs . Can you not see that you are putting your life in danger ?”

Lieutenant Colonel Sebola explained that he questioned why a person who claimed not to know drugs would have loaded the bags, a claim the person could not explain.

“His action there were not supposed to be that . I can even substantiate to say he did not know . He explained to me , do you know drugs ? I interviewed him , do you know drugs ? He said no . Then why did you load the bags ? He cannot explain”

Lieutenant Colonel Sebola said the explanation given for loading the bags into the back of the bakkie was completely nonsense and unreasonable.

“Thus there was no reasonable explanation . Everything that , that was , in fact , to say , that was indeed complete nonsense that he was explaining”

Lieutenant Colonel Sebola gave detailed testimony about the packaging of drug bricks, including use of plastic wrap, branding indicating the originating cartel, and sealing with black masking tape.

“Having knowledge of drugs , more especially Cocaine , and the state at which that bags were sealed , ... The bricks have been wrapped with this plastic that normally you use to wrap foods . In fact , there is a process ... they put their emblem on top , ... must identify it with the branding , that this comes from this , I do not know whether I should use , this comes from this cartel , your drug cartel . There were some with Red Bull signs ... which means where they were packaged . ...”

Lieutenant Colonel Sebola stated that none of the bags were opened upon arrival at the scene to confirm they contained drugs and used a pin to open one bag to visually confirm powdery substance suspected to be cocaine.

“When you got to the scene and you saw these bags on the back of this bakkie , was any one of them open ? None . They were still in their original position from where they were sealed . ... I used a pin , pressed it there , when it came out ... Yes , shiny”

Lieutenant Colonel Sebola suspected the powdery shiny substance obtained from the bag opening was cocaine based on his experience and knowledge.

“On that basis you suspected cocaine”

Warrant Officer Rikhotso pointed Lieutenant Colonel Sebola to the BMW vehicle at the scene with police officers.

“Warrant Officer Rikhotso pointed to me the BMW that he said , this BMW it is together with these police officers”

Lieutenant Colonel Sebola requested police in uniform, including Sergeant Phume (now Warrant Officer Phume), to take care of the BMW vehicle and remove the driver.

“Then , I requested police in uniform , together with Sergeant Phume , now Warrant Officer Phume , to take care of the vehicle and get the driver out of that vehicle”

Lieutenant Colonel Sebola said the purpose of getting the driver out of the BMW was for interviewing him.

“For the purpose of interview , his presence on that scene”

Lieutenant Colonel Sebola was assigned as investigating officer by Colonel Ludick following the briefing.

“The assume that the briefing ended and you were then assigned by Colonel Ludick as the investigating officer , is that correct ? ... That is correct”

Officer Mashaba, a traffic officer, was directing others not to go to the scene, saying they were not needed there, according to Captain Optoff's version.

“He was directing them not to go. He was directing them not to be here, to go. You are not needed at this scene. This is the version I got from Captain Optoff.”

Captain Optoff explained the presence and relevance of a VW Golf vehicle at the scene to Lieutenant Colonel Sebola.

“Captain Optoff explained this to me”

Warrant Officer Rikhotso pointed out a red Kia vehicle driven by Warrant Officer Phakula.

“He also pointed out the red Kia , which was driven by Warrant Officer Phakula”

Warrant Officer Phume was asked to get the driver of the BMW and interview him, and LT-COL Sebola interviewed the drivers of the red Kia, Phakula, and Mashaba one-on-one himself to understand their actions at the scene.

“I interviewed them one-on-one myself so that is to acquaint myself with their presence at the scene, their action at the scene.”

Warrant Officer Magane allegedly obtained information from his informer and worked with Traffic Officer Mashaba, suspected a consignment to be drugs, and did not think of contacting his own station when requested to come assist.

“After all the introduction, I started with Warrant Officer Magane, who alleged that he got the information from his informer. He followed up upon the information together with Traffic Officer Mashaba. And later on, he requested Warrant Officer Phakula, who is based in Pretoria, to come assist. I asked him if he tried to get back from his own station, since he is stationed at Zonkizizwe SAPS, and his answer, he did not think of contacting his own station ... And on the question of why were they chasing uniformed police officers on the scene, and his answer was that he was thinking it was his scene ... His answer was he suspected the consignment to be drugs.”

It is strange for an officer attending a scene not to call their own station for backup; this protocol requires officers to identify themselves properly to enable others to verify their status.

“Is it not more than just strange? I thought there is a protocol that requires you to identify yourself properly ... It is an operating procedure, to say. Wherever you go, the first thing that you do ... identify yourself properly to the people that you are, because we are not working in uniform ... It is difficult for anyone to identify me.”

Warrant Officer Magane's intent was not to do police work but to assist those who requested him to remove drugs from wherever Mashaba and Nku wanted them to be.

“His intention was to assist those who requested him to remove those drugs from wherever they were, to wherever those two, Mashaba and Nku, wanted them to be.”

Warrant Officer Magane said he was with DPCI Hawks and Crime Intelligence Hawks, not the regular police Hawks.

“He said DPCI Hawks.”

Warrant Officer Magane did not contact his own station when requested to come assist, choosing instead to request help from Warrant Officer Phakula based in Pretoria, which is a longer route and against procedure.

“If he is ... following up upon something that is in motion, then one can see that you will end up losing that which we are following, because you are taking the long route ... The first thing first, the approach is, where is the nearest police station? Who are the nearest police? If not, go to 10111. That is the procedure. I do not call my friends. I call those that will assist.”

Driver of the red Kia Cerato said he was invited by Warrant Officer Magane to assist, and was unable to explain why identifiable police vehicles were chased from the scene.

“He said he was invited by Warrant Officer Magane to come assist him and upon arrival, the bags were already offloaded from the truck into the Nissan bakkie. And he could not explain why was the identifiable police vehicle – he could not explain why ... they were chased from the scene.”

Sergeant Phakula was involved on the same scene with others, but could neither explain nor respond whether he was part of the chasing of police officers away from the scene.

“He could not indicate as to whether, when Mashaba was chasing them, he was part or not, or he arrived late ... He never indicated to me that he chased them or not, but he kept quiet.”

Based on Sergeant Phakula's behavior and identification as part of the team investigating, his conduct suggested he acted in concert with those chasing the police away.

“He acted in concert with them because he identified himself as being part of the team.”

Officer Mashaba exhibited aggression towards other people who came to the scene, implying his involvement went beyond receiving information.

“You were already told about Mr Mashaba's aggression towards other people who came to the scene.”

Lt-Col Sebola was questioned whether he had undergone any drug course and if he could handle the scene, he responded that was why he called in officers to assist and that as long as he had information, he had to do the arrest.

“I asked him , you are not a police officer . You do not even – do you know what drugs - have you undergone any drug course or anything that can suggest to say you can handle this scene ? He said , that is why I am calling these officers to come and assist . Then that also pushed me to say , then , ok , you are calling this one to me , seated here I am seeing them as your friends . Then here , the marked police vehicles , they are coming here to assist upon getting that information or complaint . Why cannot you accept them to the scene ? Acquaint them with the scene because that is their area of operation , not yours .”

Lt-Col Sebola interviewed a driver named Tumelo Nku who was involved in the scene in a private capacity and previously worked for Transnet; Nku knew Chief Traffic Mashaba and the information they were working on was his.

“Interviewed the driver of the silver grey Series BMW to whom I identified myself as Tumelo Nku . His explanation about his involvement was that he was there on his private capacity and further that he once worked for Transnet before ventured into business . And the person he knows on the scene was Chief Traffic Mashaba since he used to give you information on illegal cigarettes . Further indicated that the information they are working on was his .”

Tumelo Nku claimed he was just monitoring, not a registered informer, and that being present at the scene endangered his own life since he was not supposed to be there.

“He said , no , I was just monitoring . ... I highlighted to him to say , by placing yourself on this scene , you are endangering your own life . You are even not supposed to be here .”

Lt-Col Sebola stated that informers are no longer just given information but actively work together with police, and unless they are undercover agents, informers do not have to inform and follow the police.

“Unless only if may be he is an undercover agent that is part of this operation . But you do not have to inform me and follow me . Then it is as good as saying , let us go and work . We are working together . We are no longer giving information . We are working together .”

Lt-Col Sebola insisted that Tumelo Nku, as an informer who just sat in the car and did not participate, should never have been at the scene and the car seemed suspicious especially due to permit discrepancies.

“He should never have been there . Again , if you look at that car , also , to me , it looked suspicious . Because I also investigated the issue of the permit .”

Lt-Col Sebola suspected Tumelo Nku instructed other police officers to misbehave at the scene and was monitoring the execution of these instructions.

“He is working with them . He is admitting that he is their informer , he is with them , he is monitoring . Then there was no way for me to say , let me deal with these three and leave this one . Because I wanted to see , these people , these police are misbehaving , are defeating in the presence . To my belief , they wanted to accomplish what he wanted them to do .”

Lt-Col Sebola explained that police drug enforcement does not investigate criminal matters based on their knowledge but relies on information from other state agencies, and that such operations become police operations once information is received.

“Normally , Commissioners , it comes from other state agencies . It goes to the police . Then it become a police operation . It is as good as , like , you get it from anonymous callers and all those things . Then you , whoever , if the calls get to say it enters into this agency , like , let us say it goes to my head office , my own head of office . I am based in Gauteng . Theirs is to say who is based on that area . Then they dispatch the information to whoever should be in that area . Then once I have done everything , I have to submit an information note to the people that gave me that information . If I open enquiry , I will quickly open up enquiry because every action must be based on documents to say I got this information from head office . They said they got it from so and so . Is it not that they still need to respond ? Then I write my own information note about operation that this is what happened , this is what we found , this was the end product of RUA informations so that they can communicate with whoever submitted the information .”

Lt-Col Sebola stated that criminal matters are investigated by police and not the traffic police, who have their own responsibilities and no criminal cases are referred to them for investigation.

“Criminal matters are investigated by the police . ... Unless , not the traffic officer , unless other investigative agencies have been mandated to do so , but not the traffic police , they have got their own responsibilities . No case will ever be referred to them , a criminal matter , for investigation . That is a big no .”

Lt-Col Sebola confirmed that Chief Traffic Mashaba, from Traffic Gauteng, is not part of SAPS and cannot lead a drug bust operation but can only provide information.

“He cannot , Commissioner . Here main source of information .”

Lt-Col Sebola stated that they cordoned off the scene with the assistance of two Warrant Officers.

“with the two Warrant Officers, you cordoned off the scene”

Lt-Col Sebola indicated that point E on the sketch plan was a red car, B was the black bakkie where drugs were loaded, and A was the truck, all cordoned off.

“point E was the red car , which was parked in front of a container . B was the black bakkie where the drugs were loaded , and A was the truck”

The truck and container, with contents in between, were what was cordoned off.

“the truck and the container , and obviously the contents in between , were what was cordoned off”

Colonel Steyn coordinated members of the drug section and was present at the scene to assist.

“Colonel Steyn is coordinating members of the drug section . ... His presence at the scene was of assistance”

Lt-Col Sebola confirmed that only the inner cordoning off of the scene was done by him, not the outer.

“This is the inner . ... No .”

Lt-Col Sebola introduced Colonel Steyn to the scene to call relevant stakeholders such as the Local Criminal Record Centre (LCRC) during the investigation.

“But I said , Colonel , can you , at least for now , assist in calling these relevant stakeholders ? ... LCRC should be the first to be called”

Lt-Col Sebola emphasized the importance of not contaminating the crime scene to preserve DNA and fingerprints for elimination purposes.

“The possibility that we must get the DNA from those packaged stuff had you left the scene in its original state . ... If I touch , when they check the fingerprints , should they come across mine , they will know that this was the person who was at the scene . Then we do elimination .”

Colonel Steyn called the Local Criminal Record Centre (LCRC) as part of standard procedure, which was supposed to be done urgently at the scene.

“Then Colonel Steyn called LCRC , which is a standard procedure , which is one of the requirements , which is the first thing that one has to do at the scene”

Lt-Col Sebola denied that he or his team ultimately ordered the cordoning off of the scene, stating that Phakula's testimony to that effect was a lie.

“Phakula testified yesterday that he ordered the cordoning off . Just to confirm that you deny that it is your team that ultimately did it . ... He would be lying”

Warrant Officer Phakula is working for NIU and investigates only cases that have been formally referred to his office; he does not initiate investigations himself.

“Phakula is working at NIU. Because we engaged during the interview, he is working at NIU. And there were points that I even showed to him that you only investigate cases that have been referred to your office. You do not initiate investigations.”

Colonel Sephungu was informed about Warrant Officer Phakula's working protocol but responded with a distracting engagement.

“I even informed his Colonel Sephungu. Told them both. I had an engagement with Sephungu, but that was a destructive engagement by him. Because he was trying to distract.”

Warrant Officer Phakula investigates blue light robberies and airport following robberies only on referral from the head office and does not initiate these investigations himself.

“What Warrant Officer Phakula said is that he investigates blue light robberies. He says: 'My duties included investigation at national level of blue light robberies, airport following robberies. And then head office enquiry files ...' But that is the third thing that he says. The first two, he investigates blue light robberies and airport following robberies. Are you saying he does not do that? He works only on referral? Works on referral. Only.”

Colonel Sebola indicated to Colonel Steyn that he needed officers to offload bags which were looted in a Nissan bakkie, and that four male persons were interviewed leading to their arrest.

“Colonel Steyn indicated that Captain Nortje and Warrant Officer Morris will assist me in handling those bags looted in the Nissan bakkie. And whilst we were waiting for LCRC to come, I continued interviewing four male persons. That was pointed to me by Warrant Officer-that was pointed to me. That is Warrant Officer Magane, Phakula, Mashaba, and Tumelo Nku. The outcome of the interview led to the arrest of Warrant Officer ... of the four ...”

Colonel Sebola arrested four persons after concluding from interviews that they were dealing in drugs and attempting to defeat the ends of justice.

“Those were intended to defeat the end of justice. That was the first thing that I told them. I further said, should other investigation prove you otherwise, then you will be charged with possession, with dealing in drugs. Because of the magnitude and the originalit[y] and others, hereby you are not possessing. This is pure dealing. That is what I told them. ... Your actions of defeating to me suggest that you are also dealing in these drugs. That is when I arrived at that arrest.”

Warrant Officer Woods of LCRC was present for the unloading and opening of bags that contained suspected drug bricks, with photographic documentation done during the process.

“Warrant Officer Woods of LCRC arrived at around 14H00 or so. And in the presence of all four now arrested – in the presence of the arrested, now Captain Nortje, Warrant Officer Morris, and Mashaba started offloading the black sports bag wrapped with black masking tape from the black Nissan. The first bag was unwrapped and the content inside was brick-like. ... He took photographs of those ...”

The bags contained approximately 23 kilograms of drug bricks, each brick weighing about one kilogram.

“The bags, there were about 23, but having different numbers of those brick-likes. The first bag ... it was containing around 23 bricks. Which, according to my knowledge, each brick was estimated to be a kilogram.”

LT-Col Sebola demonstrated testing one of the bricks with a pin, concluding that the substance was indeed drugs, which led to the arrest of the suspects.

“Then I took one of those bricks ... took a pin, pressed it on this, then I did that as demonstrated. You see, then now I can come to a conclusion ... I will say, you will be dealing in drugs. That is when I arrived at that arrest.”

Officers Machebe, Morris, and Nortje were responsible for offloading the bags under the scene management of LT-Col Sebola, who oversaw the opening of one bag demonstrating the contents to the suspects.

“Machebe, Morris and Nortje, they are responsible for the offloading. Everything that they are doing, I am now in charge, the scene manager. I am saying to them, there was one example of bag that was opened... I want to show this gentleman what is inside the bag ... Because they are clueless, they do not know what is in the bag. Then that is when ... that was opened.”

Warrant Officer Woods was present during the bag opening and the bag was photographed after being counted and set aside for potential further DNA testing.

“Was Warrant Officer Woods present for that process? That is correct. ... After counting, he took photographs of those. ... It can not be put in the same seal bag as those, should Warrant Officer want to further his investigation with regard to the DNA testing.”

The seized drug bricks had branding markings including red bull and a seagull, which LT-Col Sebola had seen before in other investigations and interceptions at the airport.

“Yes, the red bulls some. Others, you can see there is an eagle. ... The branding is common in my investigation of drugs. I have come across them before. I have worked at the airport, intercepted some of these.”

The four suspects were informed they were arrested for defeating the ends of justice and an additional charge of dealing in drugs.

“you then informed the fourth that they were arrested for now defeating the ends of justice and an additional charge of dealing in drugs”

The primary white substance on the pin was concluded or suspected to be cocaine.

“you saw the primary white substance which you say you concluded or suspected that it was Cocaine”

The suspects were present during the entire process of offloading, unwrapping, counting and sealing of the bags to ensure integrity of evidence

“they have to see the entire process. Offloading, opening, counting, sealing”

Officer Magane testified that the only witnesses saw some and not the entire process of counting the items.

“Officer Magane testified that he only witnessed some and not the entire process of counting”

Most drug-related insignia and loot were traced to come from Sao Paulo, Brazil, specifically from the Port of Santos.

“they were from São Paulo in Brazil also... they were tracked to be from the same direction which is Brazil... the Port of Santos in São Paulo”

Persons arrested for possession of drugs are generally unable to explain the destination of the drugs as the couriers only know the intended recipients who are ordinary persons unknown to the address owners.

“Most of the people that you are arresting... they will be charged with possession, but they are not able to explain where they are taking them to... The person, the intended recipient, will be just an ordinary person... the owners of the place, we will find them not to know the person”

Kingpins behind drug shipments are never identified; only couriers are identified and arrested.

“It is your point that you always identify the couriers, but never the kingpins”

A call was made to Lt-Col Sebola from an arrested person named Mashaba who wanted to speak to Brigadier Shibiri about an amicable solution; Sebola stated the arrested were under arrest and no such solution was possible.

“Mashaba, who is one of the arrested persons, made a call on his cell phone and he wanted me to speak to the person he was calling. And that person introduced himself to me as Brigadier Shibiri... wanted to know if there cannot be any amicable solution... And I said they are under arrest...”

Brigadier Shibiri was implied to belong to an Organised Crime group, but Lt-Col Sebola did not know if it was provincial or otherwise.

“I was told it was an Organised Crime. I do not know. I do not know if it was a Provincial Organised Crime or what”

Brigadier Shibiri appeared to be requesting not to proceed with the arrests or the direction of arrest, implying a request to avoid arrest.

“Maybe he did not want us to proceed or to take that direction that we are taking of arrest... to say, but then, not now...”

Brigadier Shibiri phoned Lt-Col Sebola at the scene and ordered arrests to be made, following a call from Mashaba to General Kadwa, who was then called himself due to the dropped call.

“He said, no, he also phoned me. He wanted to know. Because when he was calling me... General Kadwa was said, he received... if the telephone, the cellphone records could state, it will show that it was Mashaba and then General Kadwa. Because he did not call me on my phone. He was phoned by Mashaba. After dropping the call, then he called General Kadwa... and when I was presenting on what looked suspicious.”

Lt-Col Sebola was always present when Captain Nortje and Warrant Officer Morris were counting and entering exhibits but did not participate in counting or packing the evidence himself.

“I must at all times be present when they are doing this. In the counting, in the entering, those exhibits... they were counting in my presence... I was not physically counting... I was not putting them in evidence bag.”

Lt-Col Sebola confiscated all cellphones from the arrested persons as part of his investigation at the scene, while Capt Nortje and Morris were recording the exhibits.

“We continued to process the scene and Captain Nortje and Morris were recording the exhibit and as part of my investigation, I confiscated all the cellphones of the arrested person.”

The number of solid substance blocks measured about 715, with a minor packaging counting discrepancy potentially explained by one block sticking to the side of a bag due to adhesive tape and submitted late to the lab.

“Those kilograms, as long as they are above 500... 715 is the number... one of the bricks got stuck onto the side of the bags... that it was taken and put together with the rest at a later stage... I think in the docket Captain Nortje brought me another statement to say this is an additional statement... affidavit by Mabasa that deals with the additional brick... explained if you look at page 310... they discovered that one of the bricks was stuck and they gave it to the DPCI, Warrant Officer Nortje... And that was taken a month later to the lab, bringing the count to 716.”

Lt-Col Sebola monitored the movement and submission of exhibits to Booysens SAPS and was informed that drugs could not be kept long at Booysens, and forensic had no space, necessitating arrangements for later submission to forensic.

“When I was submitting those exhibits... Captain Nortje informed me that... the Station Commander of Booysens does not want those drugs to be kept there for a long time. Then... Forensic is saying they do not have a space. They are making an arrangement on the date on which they can send them to Forensic.”

An arrangement was made to remove exhibits from Booysens SAPS and keep them at Pretoria College.

“later on, I was told by Captain Nortje that an arrangement has been done, that they be removed from Booysens SAPS, and they will be kept at Pretoria College”

Any movement of exhibits must be substantiated by a statement to maintain a clear chain of custody and integrity of the evidence.

“any movement or any chain should be substantiated by a statement ... continuous possession of those drugs must have a clear passage to say, and it must also be stated, their originality”

The area where the exhibits were kept at Pretoria College is not an SAPS safe and usual check-in procedures do not exist there.

“the college or the area in which the exhibits were kept is not an SAPs safe ... the check-in that are usually done at SAP registers and a clerk and all of that, that does not exist at a college”

Lt-Col Sebola was not aware of and was not part of the arrangement to keep exhibits at Pretoria College.

“That I was not aware of and that I was not part of that arrangement”

Col Sebola is no longer personally responsible for the custody of the substances.

“No”

There were no cameras and no guard directly in front of where exhibits were kept at Pretoria College, but guards were around the college.

“there were no cameras and that there was no guard directly in front of where it was kept ... There are of course guards around the college”

Lt-Col Sebola states it is only appropriate to keep exhibits at Pretoria College if he is acquainted with the security arrangements there; otherwise, he does not accept it as appropriate.

“I will say it is appropriate only if I have acquainted myself with the type of the security where it is supposed to be ... But if it was just dropped or taken to a place where the security is questionable, that I will not accept to be appropriate”

When exhibits arrived at the lab, the lab noted small tears in exhibit bags requiring Nortje and Morris to transfer contents to new evidence bags.

“we also heard testimony that when the exhibits arrived at the labs, the lab noted that there were small tears in the exhibit bags, necessitating Nortje and Morris to use, to put eight of the bags into new evidence bags”

Lt-Col Sebola's oversight role is limited to obtaining statements of exhibits' movements to maintain integrity, while tasks are assisted by others after custody transfer.

“Mine is just to get each and every statement of the movement to say, this is what we did, so that it can still maintain the integrity of my evidence ... there were some taskings to say, you will be assisted. In terms of movement, once there is a team that has taken the custody of the exhibit, that remains with them”

By 2022, Lt-Col Sebola was no longer involved in the investigation.

“by 2022, you were no longer in this investigation, am I correct? ... Correct”

Lt-Col Sebola was not aware of the standard practice of transferring exhibits to new bags when bags were torn.

“That is a common practice, but I was not aware of this one”

Mashaba did not know Magane before 9 July 2021 and was introduced by Warrant Officer Phokungwana, who was hospitalized for COVID at the time.

“I have noticed in the downloading record of all accused, that Mashaba did not know Magane before 09-07-2021 ... introduced to each other by a person thought as Police Alberton, who became to be known to me as Warrant Officer Phokungwana, who at the time was hospitalised for COVID”

Lt-Col Sebola stated he was previously unaware that 136 kilograms were unaccounted for in the lab.

“That is news to me”

Lt-Col Sebola confiscated phones on the day and noticed suspicious communications during the download process of data from phones.

“you confiscated the phones on the day, and then you mentioned that when you noticed something in the downloading ... there is this communication”

In 2024, the lab discovered that 136 kilograms of an exhibit are unaccounted for.

“We know from testimony that sometime in 024, the lab discovers that 136 kilograms ... is unaccounted for”

Within a week, a preliminary assessment and analysis of downloaded data from phones was completed, revealing suspicious communication with potential evidential value.

“within a space of a week, I had identified, I already identified ... that is when I identified through when they were checking, because I kept in contact with the people doing downloading ... there you are having a strong case ... there is this communication chat ... suspicious communication”

Whatsapp calls show communication between Phokungwana and Mashaba while submitting a telephone number on a WhatsApp chat.

“these people called each other, Phokungwana and Mashaba. The calls lasted for - I cannot now, but it lasted – it shows that that is when he was submitting the telephone number of - because on the WhatsApp chat, he said, you will get one. Then, after that call, Mashaba is making a call too.”

There was concern about interception of a consignment related to the Isipingo drug bust in Durban, as revealed by communication between Nku and others.

“the communication was a concern about the interception ... The Isipingo intercept ... Durban ... they wanted surety that this is not going to happen to this one. That was the main communication”

Nku communicated instructions to Mr Mashaba regarding a concern about the interception of drugs.

“Nku then introduced that information to the General , of which the General is Mr Mashaba ... That is when Mashaba now called Magane ... which means, this one I can just assume to say Phokungwana was giving them the number of Magane.”

Communications indicate a worry about police getting hold of drugs during the Isipingo operation, and a request that such interception should not reoccur.

“it is only Threema encrypted message ... It was just a screenshot by Nku ... the text ... they are worried about what happened in Durban during June ... They are worried about what happened in Durban during June ... it was just saying it must not be intercepted ... concern ... the Isipingo one ... The Durban, which it was concerned.”

Mr Mashaba tried to contact Phokungwa and got a number for Magane and contacted Maluleke on WhatsApp on the day of the operation.

“he tried Phokungwa and got a number for Magane”

Sergeant Phakula was called by Magane.

“Phakula is called by Magane”

Mr Mashaba contacted Lieutenant Colonel Maluleke of Pretoria who was working in Organised Crime in Pretoria on WhatsApp on the day of the operation.

“It was Maluleke of Pretoria , who was working in Organised Crime in Pretoria”

Apart from contacting Maluleke and Brigadier Shibiri, Mr Mashaba contacted no other police officers early on that day.

“except for– okay, the police officers that were contacted , except for the one that he contacted , the Brigadier. That happened in my presence”

Tumelo Nku's phones confiscated included two cell phones, but Sgt Phakula's state cell phone was not part of the download investigation.

“there were even two cell phones. And what I have realised in the downloading, we did not get Phakula's state cell phone. It was not part of the downloading”

Communication relevant to the investigation was found on Tumelo Nku's phone including suspicious messages regarding a consignment and a photo of a Yellow Jersey truck from a ship arriving in Durban from Sao Paulo, Brazil.

“On the cell phone ... Tumelo Nku I found suspicious communication which says the police must not ... this consignment ... Durban ... a photo that shows it was taken from Apollonia ship that arrived in Durban from Sao Paulo, Brazil”

Encrypted communication occurred on Threema, not WhatsApp.

“it shows that it came from this encrypted communication known as Threema. It shows that it was not WhatsApp, it shows that they were communicating on Threema”

All communication collected was put into the docket and submitted to court.

“Everything that I am testifying about, they were in the docket”

General Khan was reportedly present at the scene during the operation but LT-Col Ebola did not engage with him and only came to know of his presence later.

“I have no seen General Khan. But it only came to my knowledge that ... there is this information that General Khan was there. But myself I did not even engage with him”

Phakula was stopped from removing seals from a motor vehicle containing drugs during the operation by General Khan.

“before he stood down, he went to the motor vehicle that had the drugs, that black police car, to remove the seals... and he was stopped from taking them”

LT-Col Ebola was instructed by General Khan to arrest some members, but he denied it as he did not see General Khan at the scene.

“I have been instructed by General Khan to arrest those members, of which I denied”

General Khan spoke to Mashaba, Magane and Phakula and then told Phakula to stand down during the operation.

“he spoke to Mashaba and Magane, I think Phakula as well, asked them who are they, who are their superiors, and he called their superiors, who answered the way they did about knowledge of these people being on the scene. We heard from Phakula that...Phakula was introduced to Khan, he went and spoke to Khan and Khan told him to stand down”

Lt-Col Sebola did not see General Khan at the scene and did not know him at the time; he only came into contact with General Khan after the case.

“I did not know General Khan by then.”

Lt-Col Sebola says General Kadwa was at the scene and he entered with Brigadier Lewela and Colonel Ludick.

“General Kadwa was at the scene. He entered the scene with Brigadier Lewela, Colonel Ludick.”

Sergeant Mashile Mogoboya stated that after General Khan arrived at the scene, he took over the scene and interviewed the first responder to the scene.

“After General Khan arrived at the scene, he took over the scene and interviewed the first responder to the scene.”

Bruce Paul Bok, Unit Commander of Serious and Organised Crimes, received a telephone call from Major General Khan of CI who asked if Colonel Maluleke was reporting to him and informed that he was going to arrest Colonel Maluleke and Sergeant Masoma for defeating the course of justice.

“At 11:55, I received a telephone call from Major General Khan of CI, who also asked me whether I had a Colonel Maluleke reporting to me... stated that he was going to arrest my member... Colonel Maluleke and Sergeant Masoma... for defeating the course of justice.”

Officer Sape from the Dog Unit stated that a yellow truck was transporting drugs from Durban Harbour and pointed out a truck driver under arrest; he was requested by Warrant Officer Phakula to search the truck and was distracted by an African male called Rikhotso who denied entry or exit from the scene.

“Warrant Officer Phakula asked me to search the truck... was distracted by an African male who was called Rikhotso ... they denied us entry or exiting the scene... accused us of coming to escort the drugs all the way from Pretoria.”

Officer Sape's statement and Warrant Officer Phakula's recounting of the events are contradictory according to Lt-Col Sebola, who says there was no K9 bakkie at the scene upon his arrival.

“I understand K9 members drive a marked vehicle with a dog. Then upon my arrival there was no K9 bakkie around the scene... The names Sape and Phakula were brought to me... I am saying this is strange because I asked questions to say, were you really at the scene? They were giving a contradicting version...”

Lt-Col Sebola states that Colonel Maluleke did not take over the scene when he arrived but was just standing as an onlooker.

“Upon my arrival, yes, I have noticed that you were there. What did you do? He could not. He was just standing like an onlooker.”

According to Officer Sape's statement, the dog was in a motor vehicle in the sun and was dehydrating, and they were informed by General Khan that the dog was allowed to leave the scene.

“Because the dog was in the motor vehicle in the sun and they informed General Khan that the dog was dehydrating and it was at that point that they were allowed to leave.”

General Khan played a significant role at the scene of the operation, making enquiries about the member's presence and expressing intent to arrest.

“General Khan played a significant role at the scene. ... Mogoboyago goes as far as saying that he was in charge of the scene at a particular point.”

General Khan asked if Warrant Officer Phakula was informed about the operation and stated he was going to arrest the member because the story given by that member did not add up.

“I again received a call from General Khan who asked me if the member Warrant Officer Phakula informed about the operation. I told him that he called me and informed me about the operation. He further told me that he was going to arrest the member because his story does not make it up.”

General Kadwa confirmed that General Khan was at the scene and provided him a briefing.

“General Kadwa also confirm that General Khan was at the scene and gave him a briefing.”

LT- COL Sebola states he never had any contact or interaction with General Khan despite acknowledging Khan's presence at the scene.

“I never interacted with General Khan. I even further say on the issue that can you dispute the fact that General Khan was there, I am still saying I cannot dispute if he was there. But the only thing that I did, I never had any contact with General Khan.”

LT-COL Sebola claims he would have seen General Khan if he had taken over the scene because he was in charge and the timing and statements do not support Khan having taken over before him.

“I would have seen him. Unless if he came before me. Because when I looked at the time frame, they speak about someone saying nine, the other one is saying 10 ... Does not look possible. Even in my presence, it did not happen.”

General Khan introduced himself at the scene and confirmed the members standing next to the black bakkie were part of his operation from DPCI Pretoria.

“He introduced himself as Khan. I asked them what they were doing there. Then one of them was Maluleke told me that this was his operation and that he was from the DPCI Pretoria. These are the members that are standing next to the black vehicle.”

General Khan called General Kadwa to the scene and also contacted General Lekalakala who was present at the scene.

“General Khan calls Kadwa. General Khan is on the scene. He calls Kadwa, General Kadwa rather: "I requested him to come to the scene. I also called General Lekalakala." General Lekalakala was there.”

General Khan's account states that he left the scene leaving General Kadwa in charge; contradicting LT-COL Sebola's claim to have been in charge of the scene.

“When he left, he left General Kadwa in charge of the scene. That is what Khan says. He is at the scene at some point that you say you were in charge of. ... Khan's account, you were never in charge of the scene. Kadwa was in charge of the scene.”

LT-COL Sebola admits he became aware of General Khan's presence at the scene only during the IPID process and had been completely silent about Khan's presence in his earlier statements.

“I am prepared to assume or accept that it is the first time that you came to know that Khan was on the scene when you are now dealing with the IPID process. You are completely quiet about Khan's presence at the scene, completely.”

The statement of Lt-Col S E Bola is silent about the presence and role of General Khan at the scene, despite his own docket containing statements placing General Khan there.

“Your statement is completely silent about Khan, even your oral evidence, completely quiet, silent about General Khan... You say nothing”

Lt-Col S E Bola says he did not see or interact with General Khan on the scene and denies that General Khan was in charge of the scene.

“I did not see General Khan on the scene. I did not interact with General Khan on the scene... General Khan was never in charge of my scene.”

Being in charge of the scene means being the crime scene manager who oversees everything from start to finish, including instructions and compiling the incident report.

“If I am in charge of the scene, I am now the crime scene manager. I am now taking note of each and everything that is within the scene. Even giving instructions... I will be able to say, now after the scene has been cleared, I have to compile my incident report about what transpired there.”

Lt-Col S E Bola admits he did not know General Lekalakala personally nor saw him at the scene, but was told by others that General Lekalakala was present.

“I did not know him... I did not see him. But somewhere after I was told that also General Lekalakala was there.”

General Khan claims he left the scene after introducing Kadwa and Lekalakala to the Risk Manager of the Scanis warehouse on 9 July 2021 at 12:00 hours.

“Kadwa and the Lekalakala arrived on the scene at 12:00 hours on the 9th of July 021. I explained the situation to them, I introduced them to the Risk Manager of the Scania warehouse. After a few minutes, I left the scene.”

Lt-Col Sebola denies that General Khan was in charge of the scene, asserting it was General Kadwa who was allegedly in charge, and claims General Khan's statement about the scene is untrue.

“that which General Khan saying, General Kadwa was in charge of the scene, it is not true”

Lt-Col S E Bola disagrees completely with General Khan's statement that Kadwa was left in charge of the scene.

“He says things that you disagree with. When he says, I was at the scene, I did all of these things, you disagree with him... He says Kadwa was left in charge. He says that in the statement. You say, no, that is nonsense. Sorry, nothing of such happened.”

Lt-Col S E Bola has never met with General Khan to discuss the contradictory statements in Khan's docket and does not know what prompted the statement to be brought to his docket.

“I have never even sat down with General Khan with respect to the statement. The statement, I do not know what prompted those who obtained it to bring it to my docket.”

Lt-Col Sebola admits he did not know General Khan at the time of the incident.

“Commissioner, let me just say it again. I did not know General Khan by then”

Adv Baloyi SC asserts that if General Khan had been at the scene, Lt-Col Sebola who was in charge would have seen him, implying that Khan's claim to have been there and introduced personnel is likely truthful unless proven otherwise.

“Let us assume he is telling the truth that he was on the scene ... you would have seen him”

Lt-Col Sebola confirms that if any police officer at the scene was doing what General Khan described, he would have seen that officer because he was in charge and controlling the scene.

“If any police officer did that on your scene that you would have been in charge of, you would have seen it”

Lt-Col Sebola maintains he did not see General Khan at the scene and that no suspect interacted with anyone at the scene.

“Commissioner, I did not see. Immediately when I was busy my suspect, nobody interacted with them”

Lt-Col Sebola states that statements included in docket are sometimes as instructed by the prosecutor and that he did not himself compile the docket statements.

“Sometimes at the instruction of the Prosecutor ... The Investigating Officer”

Lt-Col Sebola states he was given a statement dated July 2021 regarding General Khan, which he attached to the docket and took to court, but he never engaged with General Khan personally regarding the matter.

“I just attached it, I took the docket to court ... I have never even engaged with General Khan”

Lt-Col Sebola asserts he did not read or consider the statement he received regarding General Khan because he deemed it irrelevant to the matter he was investigating and that he was not interested in General Khan's statement as it did not assist him.

“because it is just that I did not even ... I did not have intention ... I was not interested in his statement”

Lt-Col Sebola indicates difficulty obtaining statements from Crime Intelligence officers and suggests their cooperation is often limited or reluctant.

“we even used to struggle with obtaining statement of people of Crime Intelligence that they are not supposed to submit statements”

Lt-Col Sebola challenges the credibility of General Khan's statement, asserting Khan did not play any part in the matter and was untruthful about his involvement.

“He did not play a part on that matter”

Lt-Col Sebola says statements concerning General Khan were brought to him by others and he did not consider or give weight to these statements because he considered the sources untruthful or on leave, and he did nothing further about them.

“the statement was brought by somebody else and you did not consider it because you deemed Sephungu untruthful because he was on leave”

The first statement obtained from Sephungu is untruthful according to Lt-Col Sobola.

“the first statement that I obtained of Sephungu indicated to me that he is untruthful”

Lt-Col Sobola did not know that Sephungu's statement was attached in his docket and it was brought to him by Colonel Steyn.

“I was not even part of the one of Sephungu. I did not know that such statement is attached in my docket...It came with Colonel Steyn”

Lt-Col Sobola became aware that Khan placed himself actively on the scene but did not challenge this as Khan was placing General Kadwa to be managing the scene.

“yes, he was on the scene. He admitted that he was on the scene, but I did not pick up that thing because if he was placing General Kadwa to be managing the scene”