Hearing day 105

The drug bust in Aeroton involved approximately 715 kilograms of cocaine.

“715 kilograms, yes”

The street value of one kilogram of cocaine is roughly R40,000.

“The street value of a kilogram of Cocaine is roughly R40000 per kilogram”

Colonel Francois Steyn joined the South African Police Service in 1987 and worked in various units including Vehicle Theft Unit, Vehicle Finance Fraud Unit, Organised Crime Unit and Serious Organised Crime Unit with increasing ranks, currently serving as Unit Commander in West Rand Serious Organised Crime Unit.

“I joined the South African Police Service in 1987... transferred to the Hillbrow Vehicle Theft Unit...promoted to captain ...Unit Commander of the Vehicle Finance Fraud Unit...Organised Crime Unit in Pretoria...promoted to Senior Superintendent ...Unit Commander of East Rand Organised Crime Unit... transferred to Priority Violent Crime Unit as Team Leader ... Provincial Coordinator for SANEB ... transferred to West Rand Serious Organised Crime Unit, where I was appointed Unit Commander, and currently still serving there.”

There have been serious allegations of police interference in the investigation of this drug operation.

“there have been serious allegations of police interference in the investigation of this crime”

There have been no arrests currently linked to this drug operation.

“there have been no arrests currently linked to this operation”

The drug bust occurred on 9 July 2021.

“And this occurred on 9 July 2021, this drug operation?”

The total street value of the approximately 715 kilograms of cocaine seized is roughly R3 billion.

“so an amount this size is quite high value , it is roughly R3000000000”

SANEB stands for South African Narcotics Enforcement Bureau, a provincial team responsible for investigating serious and violent crime, established around 2016 to combat illicit drug trade escalation.

“SANEB stands for South African Narcotics Enforcement Bureau... established around 016 to combat and escalate... SANEB team was together with the NPVC team... established to combat the escalation in illicit drug trade in South Africa.”

KFR stands for Kidnapping for Ransom investigations dealt with by the DPCI.

“KFR stands for Kidnapping for Ransom Investigations, dealt with by the DPCI.”

During 2022, the NPVC and SANEB teams were disbanded; Colonel Steyn remained as project manager for undercover investigation into a drug syndicate at the provincial office while continuing as Provincial Coordinator for SANEB and KFR investigations.

“During 2022, both NPVC and SANEB teams were disbanded... I remained stationed at the provincial office, where I continued with being the project manager of undercover investigation into a drug syndicate... I continued to perform duties as the Provincial Coordinator for SANEB and KFR...”

Colonel Steyn has completed numerous specialised investigation courses including forensic investigation, criminal investigation, detective, organised crime, anti-kidnapping and extortion courses along with tertiary qualifications in policing, security management, project and strategic management.

“During the course of my career, I completed numerous specialised investigation... forensic investigation course, criminal investigation course, detective course, organised crime course, anti-kidnapping and extortion course... tertiary education... national diploma in policing... national higher diploma in policing... BTEC degree in policing... diploma in security management, private security management, certificate in project management and a year's certificate in strategic management.”

Currently Colonel Steyn serves as Unit Commander for Serious Organised Crime Investigations in West Rand and coordinates major investigations involving narcotics, cash-in-transit robberies, police killings, illicit gold and diamond dealing, infrastructure crimes, trafficking in persons and kidnapping for ransom.

“My current responsibilities, as I am serving as a Unit Commander for Serious Organised Crime Investigations in West Rand... I also oversee investigations involving narcotic-related offences, cash-in-transit robberies, police killings, illicit gold and diamond dealing, infrastructure-related crimes, trafficking in persons and kidnapping for ransom investigations... I am also continuing duties as Provincial Coordinator for SANEB and KFR investigations... I coordinate most major investigations dealt with by the aforesaid structure within the Gauteng province.”

SANEB is responsible for narcotic investigations, has a National Coordinator Brigadier Devon Naicker, and coordinates international narcotics investigations including cooperation with foreign law enforcement agencies.

“the unit responsible for narcotic investigations, commonly referred to as the SANEB section... SANEB further has a National Coordinator by the name of Brigadier Devon Naicker, who performs similar coordinating functions, but on a national level... Such functions will, inter alia, include engagement and coordination with foreign law enforcement agencies”

Colonel Steyn is particularly interested in narcotics investigations because criminals use innovative methods to transport and hide drugs, and drugs are the root cause of most crimes in society.

“the criminals come up with very innovative ideas in terms of transporting their drugs, hiding their drugs... drugs, in essence, is the root cause in our society at large of how most crimes are being committed”

The narcotics problem in the country is large and persists regardless of significant drug seizures, exemplified by the Booysen case where over 700 kilograms were taken off the street but the street price did not decrease significantly.

“we took over 700 kilograms off the street and still that did not influence the street price that much... that just goes to show how big the problem is and on what amounts these drugs come into our country”

Drugs cause other forms of crime such as theft and robbery, including within families where drug users steal from relatives to feed their habit.

“Other forms of crime, Commissioner, people would steal and would rob... sometimes also deal with the Social Crime Prevention individuals at station level where families are being torn apart because family members that are drug users would steal from their own family to feed their habit”

One major challenge in narcotics investigations is the delay in obtaining forensic analysis reports from the Forensic Science Laboratory (FSL), sometimes taking months.

“One such challenge is the delay that the investigators are experiencing to obtain the analysis reports from FSL, the Forensic Science Laboratory... might take months for the investigators to actually receive an analysis report or 21 statement”

The long turnaround time for forensic analysis reports is due to the workload at the Forensic Science Laboratory.

“It has been explained to us that, at the end of the day, it is the workload that the Forensic Science Laboratory sits with”

Another challenge is the transportation and safeguarding of narcotics exhibits, including the need for extra security and safety measures while transporting large consignments.

“The further challenge relates to the transportation and safeguarding of narcotics exhibits... you have to make extra security and safety plans that you have to have in place to actually secure those exhibits when it is transported from point A to point B”

There was a shortage of correct vehicles for transport of narcotics exhibits for a long time, but the Directorate for Priority Crime Investigation (DPCI) now has armoured vehicles which has improved the situation.

“For a long time, we did not have the correct vehicles... The DPCI has now obtained armoured vehicles, which will make that a lot easier”

During the COVID period, there were challenges in staffing for safeguarding narcotics exhibits since most entities operated on skeleton staffs, making it difficult to get extra people from teams such as the TRT, Highway Patrol, and Flying Squad to assist, but availability has improved since then.

“it was during COVID times, and there was a number of challenges because most entities operated on skeleton staff... to get extra people like the likes of the TRT, the Highway Patrol, the Flying Squad, to assist on actually safeguarding these exhibits was a challenge at that time, but that has also bettered from then to now in terms of availability”

There is a lack of experienced and dedicated prosecutors capable of handling sophisticated narcotics prosecutions.

“The second or the following challenge is the lack of experience and dedicated prosecutors capable of dealing with sophisticated narcotic prosecutions”

There are specialised prosecutors within the NPA environment dealing with specific crimes such as fraud, and there are even special fraud courts.

“you have specialised prosecutors dealing with, for example, fraud, and there is even special fraud courts”

It would be ideal if prosecutors handling narcotics cases had the same specialised training as law enforcement so they are more aware of the challenges faced.

“it would be ideal if one can have prosecutors that actually got through some of these narcotic training with us so that they are very much aware of the challenges we sit with”

Cannabis cases are challenging to place on the court roll even though cannabis is considered a gateway drug.

“it is for the most part a challenge to actually get some of these cases placed on the court roll. And when we have specialised prosecutors, it would make our job much easier. ... Cannabis is where drug use starts at, Cannabis”

Successful prosecution is essentially dependent on proper investigation.

“But you would agree that what is essential for successful prosecution at root is investigation, proper investigation?”

Colonel Steyn agrees that investigation is essential for successful prosecution.

“Absolutely. And that is why I also...”

South Africa has a very extensive coastline that facilitates transfer of drugs from larger vessels to smaller vessels that can go ashore at very small harbours or beaches making drug trafficking easier.

“We also have a very extensive coastline in the Republic that further facilitates the transfer of drugs, for example, consignments of drugs from larger vessels to smaller vessels. And these smaller vessels can then go ashore at very small harbours or even on the beach, for that matter, if that craft is small enough.”

There should be escalated and constant training on the latest developments in illicit drug trade environment for SANEB members.

“the specialised training that, in my humble opinion, is suggesting in terms of the skills of SANEB members that should be escalated, and further training and constant training on the latest developments within this environment of illicit drug trade and so forth, ja.”

South Africa has approximately 72 border posts creating substantial policing challenges relating to drug trafficking.

“South Africa has approximately 72 border posts, which creates a substantial policing challenge in relation to drug trafficking.”

Large drug consignments may be transferred using floating devices that are thrown overboard by corrupt seamen from larger vessels to be retrieved by smaller vessels.

“So what they do is they manufacture or come up with a floating device. And this floating device is then packed with these bricks ... This floating device is literally just by corrupt seamen on that vessel just thrown overboard. And they sometimes even go as far as have a transponder on this floating device that the smaller vessel's crew can pick up on and then trace this floating device and then uplift it from the sea itself.”

Narcotics exhibits must be retained until finalisation of the criminal proceedings, a process that can take years, causing challenges regarding availability of storage.

“At present, narcotics exhibits must generally be retained until finalisation of the criminal proceedings, and that process can take years.”

Narcotics powder and tablet forms are stored at the Forensic Science Laboratory, but cannabis plants are not stored there.

“All of them are stored, but not plants. And if I mean plants, the Cat plant and Cannabis plants are not stored at forensics. But the powder and tablet form narcotics are indeed being stored at forensics, Commissioners.”

It is not certain if the retention instruction is law or protocol, but it is followed as an instruction to protect the case in court.

“I am not sure if it is law. I speak under correction, Commissioner. But it is an instruction because at the end of the day, if those exhibits are asked for by the defence and we are not able to produce them, that might definitely harm our case in court, Commissioner.”

Narcotics exhibits can only be destroyed after the court case is finalized, as the defence has the right to examine and test exhibits during the trial.

“One can only destruct and destroy these narcotics after the court case. Reason being, throughout the court case, the Defence can ask to actually see these exhibits. ... If those exhibits are asked for by the defence and we are not able to produce them, that might definitely harm our case in court, Commissioner.”

In several foreign jurisdictions including EU countries, USA, South America, and Australasia, legislation permits retention of representative sample for evidence and analysis while the rest of the narcotics consignment is destroyed to ease storage burden.

“In several foreign jurisdictions, to interalia include most EU countries, the USA, South America, Australasia, there is legislation that permits the retention of representative samples for evidence purposes and also for the analysis of these exhibits. And then the rest of the consignment is then destroyed. So a smaller number of the exhibits is then kept, which would make the storage there of much easier.”

Colonel Steyn's unit, with assistance from Crime Intelligence, recently gathered information leading to the discovery of a large, clandestine cannabis farm located in a remote area.

“my unit , with the assistance of Crime Intelligence , have picked up information of quite a large Cannabis farm .”

Detection of drug laboratories, including Crystal Meth laboratories which can be operated clandestinely in people's homes or garages, remains a significant investigative challenge.

“the detection of these drug laboratories . For the most part , Crystal Meth laboratories , one can run out of your garage at your house .”

The Aeroton case involved a drug consignment concealed inside a container carrying body parts for Scania trucks, exploiting the space left due to container movements at sea.

“The Aeroton case , for example , it was a container containing body parts for Scania trucks . ... this drug consignment is then placed in that cavity . ... The Aeroton case , which took place on 9 July 2021 .”

The rip-on-rip-off method of drug trafficking, where narcotics are concealed inside legitimate cargo consignments and containers are tampered with en route, requires infiltration by corrupt law enforcement to succeed.

“narcotics are frequently concealed in so-called legitimate cargo consignments . This concealment takes place in the country of origin where those containers are packed . ... because of the issue that these containers move a lot at sea , there is a space left between the door of the container and the body parts itself ... The Aeroton case , for example , it was a container containing body parts for Scania trucks ... this drug consignment is then placed in that cavity . Duplicate seals are then manufactured and the container is sealed again ... this container is then placed on a vessel ... Then , as was indicated , this drug syndicates then have to employ some or other person within law enforcement ... so that they can try and stop this container from going its normal route to allow them to do the other rip-off ...”

Corrupt officials within customs, police, SARS or similar agencies remove drug consignments from containers at bond yards through the rip-on-rip-off method and then redistribute the drugs to syndicates for further distribution.

“In the case of the illicit side and the criminal element within the law enforcement environment , they would remove at the bond yard , they would remove by ripping off this drug consignment , they would remove it and they would seal it again to say that we found nothing and they then would distribute it to the drug syndicates for further distribution .”

It is not humanly possible to inspect every container arriving daily at the Durban port, which handles on average 4000 to 4500 containers per day, making a complete search impractical.

“the port of Durban on an averaged day , that time when we had a look at it , deal with I think about 4000 to 4500 containers a day . So it would make it a task that is not humanly possible to literally check every container .”

Containers at South African ports are only searched or randomly sampled when there is specific information or a tip-off indicating the possibility of illicit contents.

“We only search those where you have information that there might be something in it ?”

The successful execution of the rip-on-rip-off drug trafficking method depends on the involvement of corrupt officials within law enforcement.

“in my humble opinion , I do not think these syndicates would be able to deal with the rip-on-rip-off method if corrupt officials are not involved .”

At the end of July, the risk manager of Scania informed that a container with a lot of police interest arrived at the harbour.

“I got a call from, at that time, the risk manager of Scania and he indicated to me that there was a container that came into the harbour... at that depot, this risk manager indicated to me that there was a lot of police interest in this specific container.”

Scania's risk manager requested that the Directorate for Priority Crime Investigation (DPCI) be involved exclusively to avoid involvement of other law enforcement agencies with the container matter.

“he then requested that, because of the issue of the 9th of July, he then requested that, can the DPCI not get involved in this, to come to this yard of the transporter to actually deal with the matters so that there is no other law enforcement involvement into this container.”

The container in question contained one tonne of cocaine, found in body parts and in a cavity between the parts and the container door.

“And that was one tonne of Cocaine in that shot... it was also body parts, and in that cavity between the parts and the door of the container, they uncovered 999 kilograms of Cocaine bricks that was reported then to me later.”

There was a developed trust relationship between Scania's risk management and the DPCI, which led Scania to specifically request DPCI assistance regarding the container case.

“Scania was happy with the way that we dealt with the Booysens, the Aeroton case. And there was sort of a trust built between the Scania risk-management people and the DPCI. So hence the call from their side and assistance requested specifically from the DPCI.”

Through intervention by Brigadier Naicker, the cocaine was taken to the DPCI head office and then sent to the Forensic Science Laboratory in Pretoria the next morning.

“That Cocaine, through the intervention of Brigadier Naicker, he is at our DPCI head office, through his intervention, the Cocaine was the very next morning brought up to Forensic Science Laboratory here in Pretoria.”

The cocaine was sealed at the port of Santos, Brazil.

“They informed me it was also from the port of Santos in Brazil.”

The DPCI is not the only narcotics enforcement team in South Africa; Gauteng also has a Provincial Investigation Unit within SAPS Detectives that investigates narcotics cases, usually focusing on drug labs, but the DPCI is involved in major drug busts.

“There is, I cannot talk for other provinces, but Gauteng also has a Provincial Investigation Unit... part of SAPS Detectives, not DPCI Detectives and they also do indeed deal with narcotic cases... usually when there is major drug busts, the DPCI will in some way, for or fashion, also be involved in that investigation.”

The ideal policing situation would be for SANEB to be the central body called to a drug bust scene, but manpower limitations make this difficult with only small drug busts being handled by SANEB personnel.

“That would be the ideal. But as I mentioned during the challenges, the issue of manpower within the SANEB environment can be a challenge... small drug busts... totally overload the SANEB personnel... But it would be ideal if one could have enough manpower for one central point, yes.”

For major drug consignments like heroin or cocaine that are not grown in South Africa, the matter typically becomes a DPCI responsibility due to international border trafficking.

“When you talk about a big consignment and specifically something like Heroin or Cocaine that is not grown in South Africa... it would be a DPCI matter.”

On 8th July, Gauteng Traffic Chief Mr Mashaba enquired at the yard of the transport company about a container arriving after office hours, which was held until moved to Scania's premises the next morning.

“During the morning of 8th July... Gauteng Traffic Chief Mr Mashaba made enquiries at the yard of the transport company... so that container was there that evening... On the 9th of July in the morning, that container was then moved to the premises of Scania.”

Mr Nku was an informant to Mr Mashaba and a civilian who contacted Mr Mashaba regarding drug information.

“he was an informant to Mr Mashaba”

Mr Nku contacted Mr Mashaba and other police officers for assistance on the morning of the 9th regarding a container with drugs.

“he contacted them on the morning of the 9th for assistance”

There was an unsuccessful attempt to search the container at Yellow Jersey because there was no search warrant, and the officials were advised to deal with Scania, the end user.

“there was an unsuccessful attempt to search the container ... the people at Yellow Jersey indicated to him that he does not have a search warrant”

Mr Mashaba and colleagues proceeded to Scania under police escort; however, no formal police escort accompanied the truck—only Yellow Jersey security personnel did due to discomfort with the enquiry.

“except for Mr Mashaba and company, there was no police escort per se. It was security personnel from Yellow Jersey ... that escorted the truck”

The appropriate protocol at Yellow Jersey would have been to seize the truck, obtain a search warrant, and search the truck at Yellow Jersey, rather than follow the truck to the next destination.

“I would have placed the seizure on the truck and I would have obtained a search warrant and I would have searched the truck at Yellow Jersey”

It is not standard operating procedure for Traffic Police to search and seize containers for drugs by calling random police or security personnel without proper authority.

“Traffic Police have authority to just call a random policeman and a random security guard to come and help them search the container? No ... that is not standard operating procedure”

The size of the drug consignment justifies escalating the matter to the Provincial Investigation Unit and involving the Directorate for Priority Crime Investigation (DPCI).

“If I see the size of the consignment after searching, I would definitely involve the DPCI ... at least to the Provincial Investigation Unit dealing with narcotics”

Traffic Police's primary role is traffic enforcement, but they also have a duty and power to deal with crimes if they occur in the course of their duties.

“Traffic officers or people in the traffic law enforcement space, their functions include crime prevention ... if a crime happens, they have a duty to, or power to deal with that.”

If a crime happens in the presence of a normal member of the public, they can act but still need to involve the police; traffic officers are allowed to operate in designated areas and should normally call the right people to the scene.

“If a crime happens in their presence, they can act on it, but they still need to involve the police. If my memory serves me well, a traffic officer also is just allowed to operate in the area that he is designated for.”

Traffic Chiefs or Chiefs of Traffic generally do not have specific training to handle drug enforcement situations such as drug seizures or busts.

“Generally speaking, I am of the opinion that I do not think so (training), but again, it is my opinion, I cannot elaborate on the specific training that this Chief has undergone.”

Private security companies assist with crime prevention in collaboration with the South African Police Service but do not act independently.

“Even private security companies is also not mandated per se, but their main operation is to assist with crime prevention, but they do not do that on their own, they do that in collaboration with the South African Police Service.”

Basic in-service training on drug enforcement has been provided to traffic officers and traffic wardens by request from the MEC of Safety and Security Gauteng, but specialist training in drug enforcement takes years to build up and is not usual.

“I have been requested to give sort of in-service training. The first time it was three days, the second time it was two days, to give in-service training to the traffic officers and even to the traffic wardens. I know this is also a point of contention in Gauteng, but to give training to them, a very basic training, because that type of training takes years because you have to build up specific experience... but to give them sort of just a sense on what to do.”

Officers who encounter suspected drug seizures at crime scenes must safeguard the crime scene and call the correct specialised personnel with proper training to handle narcotics.

“You need to contact the correct people, here is the people that you need to talk to, and here is how we deal with it. Rather safeguard the crime scene and get the people with the proper training in.”

There are no formal protocols guiding police officers on how to proceed when they encounter drugs or drug information on the spot; officers will call someone within their station or jurisdiction but it is not formalized.

“There is no protocol which guides a member on the spot who either comes upon information or comes upon drugs, who they should call next, how they should process that... There is nothing like that.”

Senior persons like Mr. Mashaba should know that they cannot call anyone from crime stats analysis to assist at a major drug crime scene; crime scene management protocols must be followed and the right trained people should be called.

“A senior person like Mr Mashaba... ought to have known that at the end of the day, you cannot call someone that does crime stats analysis at a police station to come and assist him with major drug information. So, there is nothing in writing... but if you know you are going to sit with a major crime scene, you have to follow crime scene management protocols and then if I have that type of information, I would love to have someone with me that can actually deal with the correct protocols in terms of crime scene management.”

In the incident described, the civilian employee of Yellow Jersey was able to issue an instruction mandating attendance or non-attendance at a scene, which is unusual and atypical practice.

“The civilian employee of Yellow Jersey is able to issue an instruction and say, we are going. Come or do not come, but we are going. That is actually what happened.”

Upon arrival at Scania warehouse, Officers Mashaba and Mogana allegedly opened the container and later claimed that bags containing narcotics fell from the container, which were then loaded onto Officer Mogana's vehicle, an unmarked black Nissan bakkie.

“Upon arrival at Scania, the two officers, Mashaba and Mogana, allegedly opened the container and later claimed the bags containing narcotics fell from within the container, necessitating the bags to be loaded onto Officer Mogana's vehicle. It is an unmarked black van. It was a Nissan bakkie.”

Inside the black canvas bag is a brick wrapped in plastic with a picture on it, specifically a red bull insignia linked to a drug syndicate's specific request for products exported into South Africa.

“inside the black canvas bag is this brick that is also wrapped in plastic”

Bags containing bricks wrapped in black canvas at sea were protected by black tape on the right-hand corner from Colonel Steyn's side.

“the black tape that was used to covert those bags”

The bags that allegedly fell from the container were black rubber-type bags made of very sticky material, which is not normal baggage; their handles are made from the same sticky material.

“These are not actual bags. It is sort of black rubbish bags as we know them, combined with a very broad type sticky type that these bags are manufactured with. It is not normal bags. Even the handles of these bags are made with that sticky type of the black bags.”

The contents of the black bags are typically what was later established to be a brick of cocaine.

“What you are looking at there is the content of those black bags. That would typically be what was later established to be a brick of Cocaine.”

There are variations of the red bull insignia on the bricks, which may indicate different sections within the syndicate or different syndicates within the same consignment.

“variations on the bull ... it can meant that it was for different sections within the syndicate or even a different syndicate that comes in on the same consignment”

The bricks have a specific insignia of a red bull, representing a specific part or section of the drug syndicate products.

“a particular insignia , that is a red bull ... the end users , being the drug syndicate , specific syndicate has specific insignia that they request put on to the product”

About 31 bricks were carried in the canvas bag, stacked in three layers high.

“It looked like 31 bricks”

Although analysis was not yet done, from previous experience it was believed these bricks were cocaine weighing more or less a kilogram.

“We did not at that stage determine it was Cocaine per se . But out of previous experience ... we believe that this was bricks of Cocaine weighing more or less a kilogram”

The seized bricks of suspected cocaine were packed in exhibit bags after being counted and photographed at the Scania premises in Aeroton.

“the bricks were then sealed in official exhibit bags ... at the Scania premises in Aeroton”

Lieutenant Colonel Sebola was the Investigating Officer and one of the people intending to arrest at the crime scene where Colonel Steyn arrived.

“Lieutenant Colonel Sebola was the Investigating Officer and at that stage crime scene manager as one of the people that he was intending to arrest”

Photographing the sealed container before it was opened was done to show tampering had not occurred before police became involved.

“to show that if there is going to be a court case , to show that that seal is still intact ... that there was no tampering with that seal up to that point”

The crime scene where the bags fell out of the container was not secured when officers were present.

“Was it secured here ? No , it was not”

Allegations arose that officers on scene loaded drugs onto a vehicle to drive them away.

“There were also allegations that the three officers on scene had loaded the drugs on the scene in order to leave with the drugs”

The bags loaded onto the black bakkie were allegedly going to be driven away by police.

“the bags that were loaded onto the black bakkie were going to be driven away”

Sergeant Ndou was in charge at the scene when Colonel Steyn arrived and handed over the scene to him, after which Colonel Steyn interviewed all suspects and obtained their explanations.

“He was introduced to Sergeant Ndou, who was in charge, and handed the scene over to him. The scene was explained, as well as those implicated. He was informed by Sergeant Ndou that the members wanted to leave the scene, and he parked his vehicle in front of the Nissan. He interviewed all the suspects and obtained their explanations.”

The officers first on the scene were Traffic Chief Mashaba, Officer Mogana, and Officer Phakula, who allegedly wanted to leave the scene and remove drugs from the bakkie.

“So, it was Sergeant Ndou who was at the scene when he arrived. It is his evidence that says that the officers on the scene at the time, the first officers on the scene, that would be the Traffic Chief Mashaba, and Officer Mogana, and Officer Phakula. Were allegedly wanting to leave the scene, remove the drugs from the scene in the bakkie. Is that correct? In terms of this report, yes.”

The radio conversation on the day began at 08:23 and involved contacts between Zulu 1 Desk 4 and Bravo Sierra Control, with Sergeant Ndou as Bravo Sierra 2 Control.

“The actual radio conversation is transcribed. And it begins, and this is important because what it does is it starts to give us a timeline on the day of when things began to happen. So here, the radio conversation begins at 08:23 in the morning, is that correct? According to the record, yes. At 08:23 and 30 seconds am: 'Zulu 1 Desk 4 Mike called Bravo Sierra 2 Control.'”

The radio communication included a report about a truck hijacking at Aeroton involving drugs found inside the truck, which was escorted by police, and only one suspect was involved; the driver was to be arrested but was later not arrested.

“'Bravo Sierra 12 said yes. Bravo Sierra 2 at that complaint Aeroton truck hijacking. The truck was not hijacked. The truck was being escorted by police. They suspected that there was something wrong under the truck and that the truck was opened and found drugs inside the truck. The driver will be arrested. There is only one suspect.' The driver of the truck was not arrested as we came to learn, is that not so? That is correct, Commissioner.”

Normally, the driver of the truck with drugs would not be arrested under such circumstances but would first be questioned to determine involvement in transporting drugs.

“Would the driver of the truck be arrested normally under these circumstances? No necessarily. One would first have a look at what role he played, if any, in terms of the transportation of these drugs. But I think that report, if I read through the report, seemingly Bravo Sierra 12 had the interview with these people that were following the truck from Roodekop to Aeroton... They mean the deduction I am making, it would be Traffic Officer Mashaba.”

The driver of the truck was questioned, and there should be a statement from him in the docket.

“Was the driver questioned? To my knowledge, yes, he was. There should be a statement from him in the docket as well.”

Bravo Sierra 2 had a conversation with Mr Mashaba and others and was told they were following the truck which was not a hijacking; eventually it was said at 11:23 that the police had escorted the truck themselves (Mr Mashaba and colleagues). Drugs were found in the truck, and the suspect was likely the truck driver.

“Then Bravo Sierra 2 responded and seemingly they then had a conversation with Mr Mashaba and company and they received the explanation of why are they following the truck and it is not a truck hijacking ... at 11:23 it was said that they have indeed escorted the truck and the police, by the police, in my opinion, refers there to themselves, Mr Mashaba and the people ... they found that there were drugs inside the truck and they were of the view that the suspect in this case would be the truck driver himself.”

A call was received at the 10111 centre about a report of a truck hijacking at a specific address, and the centre would call a vehicle close to the scene to respond and investigate.

“a call came through and in the 10111 centre they know where the vehicles are ... the 10111 centre would naturally call a vehicle close to the scene and say, please go and have a look, please respond, we have a report of a truck hijacking at this specific address.”

Sergeant Ndou went to the scene, responded to the call, and reported back what had happened.

“Sergeant Ndou went to the scene and that he was reporting back that this is what happened rather than Mashaba relaying it via Sergeant Ndou ... He goes to the scene. He responds to the call.”

There was a roadblock near or at the scene conducted by Scania Security, also called a highway patrol vehicle.

“Scania Security also called a highway patrol vehicle which was conducting a roadblock nearby or near the scene ...”

Sergeant Phakula called the K9 unit and it was his brother's K9 unit that was called.

“Sergeant Phakula who says that he called the K9 unit and that it was his brother's K9 unit that he had called.”

More and more law enforcement officers came to the scene, including K9 unit members.

“More and more law enforcement officers came to the scene, including K9 unit members.”

There were allegations by several members at the scene that General Khan prevented the K9 unit from conducting the inspection.

“There were allegations by several members at the scene that General Khan had prevented the K9 unit from conducting the inspection.”

At the crime scene, there were many people, police and civilians, in and around the scene, which contaminated the crime scene.

“The scene was contaminated. There were way too many people at the crime scene, police and civilian, in and around the scene.”

Colonel Steyn was not present at the stage when General Khan allegedly prevented the K9 inspection, and thus cannot comment directly on that allegation. He only arrived after General Khan had left the crime scene.

“I was not there at that stage. I did not specifically hear that. But, and again, at the time I arrived at the crime scene, General Khan was no longer on the crime scene.”

General Kadwa instructed Colonel Steyn and members to attend the scene of a major drug crime.

“General Kadwa as set out in my main affidavit ... He phoned me ... around 11 o'clock to indicate that there was a major drug crime scene that he wanted me and my team to attend to.”

Only a very small portion of the crime scene was cordoned off, specifically the area of the black bakkie with the container at the back. It is advisable to make a substantial cordon in such cases.

“A very small portion of the scene was cordoned off ... The only piece that was cordoned off was the black bakkie standing next to the truck with the container on the back ... it is advisable to make quite a substantial cordon in around a scene like that.”

The outer cordon area is larger and would include people with tasks such as taking statements being allowed in, whereas the inner cordon is restricted to specific task personnel.

“the outer cordon would be a little bit of a wider area ... certain people with specific taskings would be allowed in the inner cordon, whereas other people ... would be in the outer cordon”

The inner cordon at the crime scene was complied with but the outer cordon was definitely not complied with on arrival.

“the inner cordon was complied with, but the outer cordon definitely not”

On 2021-07-09 at 11:45, Warrant Officer Wood attended an alleged crime scene on request of Officer Rikhotso, but had not arrived by the time COLONEL STEYN and the investigating officer arrived at around 1:00.

“On 2021-07-09 at 11:45, due to a request of Warrant Officer Rikhotso, I attended an alleged crime scene ... I did not see her there”

Warrant Officer Wood was the stand-by member for the Local Criminal Records Centre (LCRC) for that specific area and was responsible for assisting with photographs and fingerprints at the crime scene.

“Warrant Officer Wood, at that time, was the standby member for LCRC, the Local Criminal Records Centre, for that specific area ... to assist with photographs and fingerprints”

The paragraph asserting Warrant Officer Wood's presence at 11:45 was incorrect; she likely received the call at that time but arrived later around 1 o'clock.

“this paragraph 4 at 11:45, it is not correct ... I think that would be more correct”

The sketch plan of the crime scene shows container A as the one with the drugs, vehicle B is a black bakkie, vehicle E was a red Kia, the vehicle of officer Phakula, and vehicle C was parked next to vehicle D, a silver BMW belonging to Mr. Mashaba's informer Nku.

“That would be A ... B would be the black bakkie ... E would be one of the vehicles ... I think that was Phakula's vehicle ... It was a red Kia ... C is Mr Mashaba's informer ... D is a silver BMW”

The inner cordon at the crime scene would typically be from the container in front of vehicle E, around vehicle A, extending where Warehouse 7 starts.

“The inner cordon would typically be from the container in front of Vehicle E, around Vehicle A, and there on the sketch where Warehouse 7 starts”

On arrival at about 1 o'clock, the outer cordon was not cordoned off.

“The outer cordon was not cordoned off on my arrival.”

It is disturbing that when COLONEL STEYN arrived at 1 o'clock, the two-way radio communication that started in the morning had not taken place and the outer cordon was not established.

“So many hours have gone by ... this is 1 o'clock when you arrive, that had not taken place”

Captain Sebola was the crime scene manager and in charge of the scene at the time COLONEL STEYN arrived at about 1 o'clock.

“I was informed that Captain Sebola was the crime scene manager, and so he was in charge at that time”

The outer cordon would be from outside the top line of Warehouse 7 to at least the bottom line of Warehouse 4, and would include vehicles C and D.

“The outer cordon would be from the outside ... from the outside of Warehouse 7 ... to at least the bottom line of Warehouse 4 ... and then I would also have cordoned off Vehicle C and D”

Mr. Mashaba went to Yellow Jersey and was told he could not search.

“He went to, I think, Yellow Jersey, and he was told, no, you cannot search.”

Information from Mr. Mashaba's informer was first received on 8th July.

“information, according to Mr Mashaba, he got the information on the 8th for the first time from his informer”

The next day the vehicle was escorted to the truck to Scania.

“The following day, they escort this vehicle to the truck to Scania.”

It is not good practice to have an informer on the physical crime scene because it exposes the informer; informers are supposed to be in the background and not exposed.

“it is ... not a good thing to have an informer on the crime scene because then you can expose him ... an informer is supposed to be a person in the background and not to be exposed”

Captain Sebola, now Lieutenant Colonel Sebola, was the designated investigating officer and crime scene manager, who took over the crime scene management and found the reasons for presence of three officers on scene unsatisfactory, recommending their arrest for dealing drugs.

“Captain Sebola ... was the designated investigating officer and took over the crime scene as the crime scene manager ... he was of the view that the reasons for their presence were unsatisfactory and that they ought to be arrested for dealing in drugs”

On arrival, COLONEL STEYN found the informer still on the crime scene.

“when you arrived, was the informer still on the crime scene? ... Yes”

COLONEL STEYN's second-in-command, Lieutenant Colonel Ludick, was instructed to contact General Kadwa and arrange standby members to attend the scene.

“I then instructed my second-in-command, Lieutenant Colonel Ludick ... to contact General Kadwa and arrange the standby members and himself to attend the scene”

COLONEL STEYN was contacted by Major General Kadwa about a large consignment of drugs found in a shipping container truck at Scania Trucks premises in Aeroton to attend with his team.

“On Friday, 2021-07-09 ... I received a call from the Provincial Head, DPCI Gauteng, Major General Kadwa ... The General informed me ... a large consignment of drugs was found in the back of a container truck (shipping container)”

General Kadwa attended the scene along with standby members and was found there by COLONEL STEYN at about 1 o'clock.

“He did arrive with standby members, and I found him and the standby members at the scene when I arrived there at about 1 o'clock”

Colonel Steyn arrived at the scene around 1 o'clock on the same day of a meeting he was involved in, and found a large number of police officers and detectives present, including members of his team Brigadier Sekgobe (DPCI Serious Organised Crime Provincial Commander) and General Kadwa (DPCI Provincial Head).

“I arrived at the scene at about 1 o'clock on the same day. I found a large number of police officers on scene, uniformed and detectives. Also on scene were members of my team, Brigadier Sekgobe al. The Brigadier is the DPCI Serious Organised Crime Provincial Commander and, in essence, my direct commander. Also, there was General Kadwa, the DPCI Provincial Head.”

Colonel Steyn described the scene as chaotic with around 40 to 50 police officers and many police vehicles present, and the area had not been cordoned off, further contaminating the scene.

“there was a lot of police officers, a lot of police vehicles there. And I would describe it as close to chaotic. For forty, 50 people, easy. And in this area that you said that had not been cordoned off? Indeed correct, Commissioner. So further contaminating the scene, yes.”

Lieutenant Colonel Ludick delegated the scene management to Captain Sebola in Colonel Steyn's absence because they make turns who is the next investigating officer, and it coincided that time with Captain Sebola.

“he was not an investigating officer. We sort of make turns on who is then next investigating officer. And this time the coin fell with Captain Sebola at the time.”

When it comes to large drug consignments believed to be transnational or trans-international trafficking of illicit narcotics, DPCI typically takes over investigations because of their larger footprint and national coordination including with foreign agencies.

“when it comes to this size of drug consignments, it is clearly a transnational or even trans-international trafficking of illicit narcotics that is taking place. So that is why the DPCI would typically take over such an investigation. Because we have a bigger footprint and as I indicated earlier, our national coordinator also deals with law enforcement agencies outside of our borders. So that is why it would typically be a DPCI matter, Commissioner.”

Captain Sebola requested Colonel Steyn's help with managing a chaotic crime scene by instructing team members to set up an outer cordon and restrict non-essential personnel to manage contamination at the scene.

“Captain Sebola indicated to me that he requests me to assist with the following issues. [1] He complained that there were too many people within the crime scene. I instructed some of my team members to cordon the immediate area around the vehicles involved the truck with the container and the vehicles on which the exhibits was loaded onto. Non-essential personnel were moved outside the cordoned area.”

Senior members of SAPS like Chief Mashaba from Traffic should know that large drug consignment matters are DPCI matters and contact DPCI accordingly.

“In my opinion, he should have known as a senior member, yes, Commissioner.”

Captain Sebola was more concerned with safeguarding the exhibits according to protocol, which is why the outer cordon was initially not established at the chaotic crime scene.

“Captain Sebola, one must understand, as I mentioned, Commissioner, it was a chaotic scene, and I think he was more concerned with safeguarding the exhibits as our protocols need us to do. The exhibits and the suspects, he was concentrating on that and that is why I think he initially left the outer cordon not to be done.”

Colonel Steyn instructed people to cordon off the outer area to control the chaotic crime scene.

“I instruct people to cordon off, to do an outer cordon, yes.”

General Kadwa, although present at the chaotic scene, would not have involved himself in ground operational issues but would have stayed in the background and been briefed on the situation.

“Generally speaking, General Kadwa would not have involved himself in ground operational issues. So, he would have not instructed people to coordinate, to do X, Y and Z. He was, typically he would just be in the background, and he would be briefed what was going on.”

The suspects identified and dealt with included Mr Mashaba, Mr Nku (sometimes misidentified as Ndou), and Phakula, totaling four suspects involved.

“suspects? Mr Mashaba, Mr Ndou, Phakula, and I cannot now remember the fourth one, but there were four suspects Commissioner. That was Nku, Commissioner.”

Colonel Steyn assisted Captain Sebola by coordinating members to take witness statements and deal with suspects including conducting interviews and warning statements to better understand the crime scene and roles of suspects.

“He requested members to assist in taking witness statements. I also asked members to talk to Captain Sebola for him to indicate whose statements need to be taken. He indicated to me who the suspects were and requested members to deal with them. I tasked members accordingly. Starting interviewing the suspects, start taking their warning statements to get a better gist of the crime scene and their role on the crime scene.”

Colonel Sephungu was the commander of Warrant Officer Phakula and was on leave at the time of the operation, but Phakula contacted him concerning drug-related information, and Sephungu came to the scene despite being on leave.

“Colonel Sephungu as being the Commander of Warrant Officer Phakula , a member of the National Investigation Unit based in Pretoria . Warrant Officer Phakula was one of the persons placed under arrest. ... he is actually on leave , but received a message from his member , Warrant Officer Phakula , at 08:27 , that he was following up on drug - related information . ...Colonel Sephungu , as I remember correctly and as I stated here , was on leave at the time . ... But even though he was on leave , he came to the scene , Colonel Sephungu ? That is correct ... No , that is not normal . If you are on leave , you are on leave . You are not supposed to involve yourself with official duties when you are on leave .”

It was not normal for Colonel Sephungu to come to the scene while on leave and involve himself with official duties.

“No , that is not normal . If you are on leave , you are on leave . You are not supposed to involve yourself with official duties when you are on leave .”

Captain Nortje and Warrant Officer Morris were specifically instructed to handle exhibits' safeguarding, counting and general handling at the scene.

“I specifically told Captain Nortje and Warrant Officer Morris to deal with the issue of the exhibits . The safeguarding , counting , and general handling of the exhibits .”

Colonel Steyn instructed Captain Nortje and Warrant Officer Morris to handle the issue of safeguarding, counting, and general handling of the exhibits at the scene.

“I specifically told Captain Nortje and Warrant Officer Morris to deal with the issue of the exhibits . The safeguarding , counting , and general handling of the exhibits .”

Officer Wood of the LCRC arrived at the scene sometime after Colonel Steyn and was busy photographing the scene and exhibits including the remainder of the black bags for DNA and fingerprint checks.

“The LCRC was busy at another scene , arriving a little bit later , and dealt with the photographing of the scene and the exhibits and the ‘leftovers ’ of the black carry bags as well as that was handed to the LCRC member for DNA and fingerprint analysis . ... the bags that , the remainder of the black bags that we saw in the earlier photographs . ... She was busy photographing the remainder of the black bags . As I indicated , it was given to her on the scene . But she would photograph it before she leaves with it to go and check for DNA fingerprints in and outside these bags .”

The Forensic Science Laboratory (FSL) could not assist with photographing exhibits at the scene due to skeleton staff from COVID and storage space problems; the LCRC was busy at another scene and arrived late to photograph the scene and the remaining bags handed to them for DNA and fingerprint analysis.

“Forensic Science Laboratory indicated that they were not able to assist as they were running on skeleton staff because of COVID and also had a problem with storage space . LCRC was busy at another scene , arriving a little bit later , and dealt with the photographing of the scene and the exhibits and the ‘leftovers ’ of the black carry bags as well as that was handed to the LCRC member for DNA and fingerprint analysis .”

There was contamination at the scene in Port Shepstone, which destroyed the integrity of the evidence.

“There was contamination . It destroys the integrity of the evidence .”

Due to the lack of storage space and COVID-related staffing shortages, the Forensic Science Laboratory was unable to assist with photographic documentation of the exhibits at the scene, which was managed instead by LCRC arriving late.

“Forensic Science Laboratory indicated that they were not able to assist as they were running on skeleton staff because of COVID and also had a problem with storage space . LCRC was busy at another scene , arriving a little bit later , and dealt with the photographing of the scene and the exhibits ...”

The forensic lab lacked storage space due to the large number of exhibits stored and the extended retention times required by legislation.

“There is just no space . Literally , there is no space . Exhibits being stored there and it also reverts back to the prior thing that I said in terms of the legislation where we currently have to keep exhibits for way too long and one runs out of space .”

There is only one main forensic laboratory in Pretoria in Gauteng, one in Cape Town, and the one in KwaZulu-Natal (KZN) was damaged by serious flood damage and thus not operational.

“In Gauteng , there is one lab in Pretoria . That is the main forensic lab . And I know there is one in Cape Town . There used to be one in KZN as well , but the one in KZN got damaged . It had serious , serious flood damage . So , exhibits at that time were no longer going there .”

The evidence bags remaining from earlier photographs were handled by Officer Wood, who photographed them before sending them for DNA and fingerprint analysis.

“These are the bags that , the remainder of the black bags that we saw in the earlier photographs . The remainder of the black bags was put in these evidence bags , and she was busy photographing the remainder of the black bags . As I indicated , it was given to her on the scene . But she would photograph it before she leaves with it to go and check for DNA fingerprints in and outside these bags .”

The person with the long coat in a photograph is Brigadier Sekgobela, Colonel Steyn's direct commander, and Captain Nortje is standing just in front to her left side.

“The person with the long coat looks like Brigadier Sekgobela , my direct Commander . And then just in front of her , to her left hand side . That would have been Captain Nortje .”

When the bags were still on the back of the black bakkie, they started unpacking the bags and a photograph was taken showing the bags.

“I instructed those two to start unpacking this black bakkie and this is where they started. In other words, they were busy unpacking these bags and as the bags were put there, this photograph was taken.”

Upon opening the first bag and seeing bricks wrapped in black and transparent wrap, the team suspected these bricks to contain cocaine.

“When they opened the first bag and they saw the bricks, they called me over to say, Colonel, come and look what we ... well, as I said earlier, although it needed to be confirmed by analysis by forensics, we knew that we had a very, very large indication that we are dealing with Cocaine bricks here.”

The evidence bags were sealed in front of the suspects as required, but Colonel Steyn is not sure if this was actually done or not.

“The evidence bags sealed in front of the suspects, yes ... I am not sure if it was done, no.”

There was no record completed by Mr. Mashaba or his team reflecting how many bags had been removed from the container onto their vehicle.

“Commissioner, I am not aware of any such record ... To the best of my recollection, such a record does not exist.”

The bricks suspected to be cocaine were wrapped in black and transparent wrap with markings including a bull in red color and a seagull in black on a white background, totaling 715 bricks counted and sealed in official exhibit bags.

“The exhibits were packed in black bags with handles. The two members who I assigned to deal with the exhibits...opened these bags and showed me that it contained bricks...wrapped in black and transparent wrap...Out of experience, the team believed these bricks to contain Cocaine...The bricks also had markings on it and the two I can remember was a bull red in colour and a seagull in black colour with a white background...The count came to 715 in total. The bricks were then sealed in official exhibit bags and recorded.”

The exhibits were transported to Booysens SAPS in an official police vehicle under armed guard and handed into SAP 13 register.

“I assisted Captain Sebola to make arrangements for the exhibits to be transported to Booysens SAPS...The exhibits were transported to Booysens SAPS in an official police vehicle under armed guard (SAPS members). The two members who I appointed responsible for the exhibits also accompanied the exhibits to hand it into the SAP 13.”

The SAP 13 register dated 9 July 2021 records drugs dealing case from which exhibits 3.1 to 3.49 were booked in, describing a sealed bag containing 18 bricks of suspected cocaine.

“And we see on the left-hand column on that page the date 9 July 2021...And it lists the crime, dealing in drugs...describes the exhibits that are booked into the register...3.1 describes 1-time sealed bag with serial number PAB000297151 containing 18 times 110 kilogramme bricks...suspected Cocaine.”

The SAP 13 register entries amount to 684 bricks, which conflicts with an expected total of 700 or 715 bricks from other statements and records.

“Now, I have counted these and in fact, it amounts to 684. I do not know whether you have checked this count...I have not checked it, no...The 684 bricks at total versus the 715 stated and expected.”

The omission of total number of bricks at the end of SAP 13 register entries complicates maintaining the chain of custody and evidence integrity.

“They did not write in the number of bricks...I would agree with you, Commissioner. That would have been much easier... That omission impacts chain of custody and the integrity of the evidence.”

Records kept by officers Morris and Nortje might have accounted for the discrepancy in the number of bricks, but Colonel Steyn was not present when the exhibit was booked into SAP 13 register.

“I think if we have a look at Morris and Nortje's statement, they kept record of this. I do not know if one was just missed or something. But I totally agree with you. That would indeed make a lot of sense. ... I was not there when this exhibit was booked into the SAP 13.”

Chain of custody errors in SAP 13 register, such as omission of number 16, might become significant for prosecution success and must be corrected.

“The error in the SAP 13 register 3.12 looks like it was just an error if one does a cross-check. But it could become significant...Each step along the way is hugely important...That is why this question is quite important.”

Warrant officer Morris recorded 16 packages in exhibit 296842, which corresponds with the SAP 13 register discrepancy about number of bricks.

“Warrant officer Morris...paragraph 9 of Morris's statement...from the sixth sports bag...the second entry...you will see 296842...And it says 16 packages.”

There is a discrepancy in the count of 715 drug blocks reported by Warrant Officer Morris and Captain Nortje compared to the 700 blocks recorded in the SAP13 register.

“I still do not then have an answer to the discrepancy”

715 blocks weighing approximately 715.86 kilograms were handed over to forensics, which does not align with the initial count of 700 blocks.

“715 was handed in, and it weighed 715.88 kilograms”

Captain Modise, a forensic analyst, reported receiving 49 sealed evidence bags containing 715 solid substance blocks, despite other sources indicating only 700 blocks.

“During the execution of my official duties on 21 July 2021, I received 49 sealed evidence bags... The total number of solid substance blocks was 715”

Warrant Officer Morris and Captain Nortje should explain the 15 block discrepancy in the exhibit count reported to Captain Modise.

“Warrant Officer Morris and Captain Nortje should explain why this discrepancy of 15 blocks”

Booysen SAP13 clerk counted the exhibit bags as part of the handover process and protocol was strictly followed.

“when they handed it into the SAP13 clerk, the clerk was also doing the count... All of that totally in accordance with protocol”

Brigadier Jones, Station Commander of Booysen, raised safety concerns about the exhibits because of a large number of visitors and demonstrations outside the police station over the weekend.

“He firstly indicated to me that this arrest of these four people drew a lot of attention... he called it a large number of visitors throughout the weekend... even demonstrations outside the police station”

The SAP13 storage facility at Booysen is considered not safe enough by Brigadier Jones because it lacks 24/7 guard or video cameras, causing concern for the safety of the exhibits.

“He believes that this SAP-13 storage facility is not safe enough because it does not have a 24-7 guard or video cameras or anything like that, so he was concerned for the safety of these exhibits”

A person expressed serious concerns about the safety of exhibits due to extra movement around his police station.

“he had serious concerns about the safety of these exhibits”

Brigadier Jones was concerned that protests or suspects might interfere with the possession or safe keeping of the seized drugs.

“And was his concern that the protestors might try to – was it his concern that the suspects might have a hand in the disappearance of the drugs?”

Multiple phone calls were made by a person concerned about the exhibit safety, which became irritating but was intended to ensure safety of the exhibits.

“He actually called me, for lack of a better word, and I do apologise. It was starting to get irritating, the number of calls she actually made to me ... because he wanted to also see to the safety of those exhibits.”

A sealed evidence bag was received containing a solid substance wrapped in plastic and adhesive tape, which was determined to be one kilogram of cocaine.

“during the execution of my official duties 10 August 021, I received one sealed evidence bag... she determined that it is Cocaine and that it weighs one kilogram”

One brick of cocaine got stuck inside adhesive wrapping around the sports bags and was initially missed but later retrieved.

“one of these bricks got stuck inside this adhesive wrapping that was around these bags, and that block was missed... One of those blocks got missed, and it was then retrieved by Warrant Officer Woods”

The adhesive wrapping where the canvas bag was wrapped had a strong adhesive inside, causing a brick to get stuck inside it.

“the wrapping was, it had a strong adhesive on the inside... and it must have gotten stuck in one of those because the 23 bags that was unwrapped”

Captain Nortje reported to Colonel Steyn telephonically on 19 July 2021 that forensics were ready to receive the exhibits and handed over the exhibits to him and Warrant Officer Morris that day, with all items still in order and accounted for.

“While I was off sick with Covid, Captain Nortje reported to me telephonically that on the 19th of July 021, that forensics indicated that they were ready to receive on that day and that he handed in the exhibits, him and Warrant Officer Morris handed in the exhibits on that day ... all still accounted for”

The drugs were transported from the SAPS College safe premises to Forensic Science Laboratory after the 9 July drug bust.

“at this point in time, this was where the drugs were now transported from the SAPS College to FS L ... from the safe premises to FS L”

The drugs were booked into SAP13 on 9 July 2021.

“That was the day it was booked into the SAP 13... On the 9th, correct”

The drugs were taken to the SAPS Training College on 12 July 2021 and locked in a safe storeroom.

“on the 12th, the Monday, it was then taken to the SAPS Training College ... and locked into a storeroom ... As a safe storeroom”

Captain Nortje was in total control of the exhibits after they were unloaded into the strong room and the keys were handed to him with instructions to move the exhibits to the Forensic Science Laboratory when ready.

“I handed the keys to Captain Nortje, with the instruction to see to it that the exhibits be moved to Forensic Science Laboratory as soon as they are ready to receive it ... it would have been Captain Nortje that was in total control of the exhibits henceforth”

Colonel Steyn admitted moving the drugs to the SAPS Training College was a breach of protocol but was motivated by concerns for safety.

“But I had to take a decision in an effort to try and mitigate further risks to the exhibits, and hence my decision to take that move out of protocols”

Colonel Steyn believes protocols allow seven days to move exhibits from SAP13 to Forensics, and that after that time they should not be kept at SAP13 longer than necessary.

“I think protocol allows us seven days, and within the period of seven days we need to move it to Forensics from SAP 13 at a station ... to keep it in SAP 13 longer than is absolutely necessary”

There is a logged and countersigned process for receiving exhibits at the Forensic Service Lab, involving a clerk and a counter signature for everything received.

“when it is logged in with the Forensic Service Lab, is there a clerk who then receives it, and so there is a counter signature for everything that is received”

Colonel Steyn is aware that if Forensics cannot receive the exhibits they have a responsibility to find storage capacity but if they cannot, an alternative arrangement must be made for safeguarding the exhibits.

“If they say, I cannot receive, I have to make alternative arrangements... for the better of the exhibits for the safeguarding to the best of my ability until such time that they were able to accept it”

Small tears were discovered in some evidence bags when handed over at the Forensic Service Lab, likely caused by multiple movements of the bags from crime scene to Booysens to College to Forensics.

“there were some bags with small tears in them”

The tears in the evidence bags were too small for the bricks inside to have fit through, and the Forensic lab did not accept exhibits if bags were compromised or improperly sealed, resealing them into new bags without damage.

“the tears were so small that the bricks would not fit through at a tear like that ... they refuse to accept it ... they actually resealed these into other bags that were ... not have any damage to them and it was then accepted as such at Forensics”

Approximately eight of the evidence bags were affected by this re-sealing process replacing them with new sealed bags with new exhibit numbers.

“And I think there were about eight such bags ... they resealed it and we handed it in”

After returning from isolation, Colonel Steyn assisted Captain Sebola by inspecting the docket, issuing written instructions and obtaining outstanding statements related to the investigation of the source and potential destination of drugs.

“On my return from isolation, I further assisted Captain Sebola in inspecting the docket ... issued written instructions ... I also assisted with obtaining some of the outstanding statements”

In 2024, after an IPID investigation into the matter, the IPID case was dismissed by the DPP with no charges against members including Colonel Steyn, but a departmental investigation into DPCI members was requested and conducted by Major General Gerber, which concluded members acted correctly and no departmental steps were taken.

“During the course of 2024, after an IPID investigation ... the IPID case was dismissed by the DPP ... But the IPID requested a departmental investigation ... Major General Gerber was appointed ... After his investigations ... no departmental steps will be taken”

The IPID recommended initiating disciplinary proceedings against five SAPS and Hawks members, including Major General Khan, Major General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola, after an investigation based on various statements and evidences including a radio control transcript and forensic report.

“The recommendation is to initiate disciplinary proceedings as the SAPS members involved are ... Major General Khan, Major General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola”

Four members of the Hawks were arrested on 9 July 2021 and charged with drug dealing related to the Booysens case, but Major General Khan and Kadwa claim lack of involvement or control at the crime scene.

“evidence revealed that ... the complainant and three others were arrested on 9 July 2021 and charged with dealing in drugs as per the Booysens case ... Major General Khan and Kadwa ... unable to explain their role at the crime scene ... General Kadwa indicated he did not do anything at the crime scene as he remained in his car”

Major General Kadwa was standing next to his car at the crime scene and did not issue any instructions or oversight while present.

“What I personally saw ... he was standing next to his car ... while the entire time you were present, he did not issue any instructions or exercise any oversight”

Major General Gerber was the Provincial Head of the DPCI in Mpumalanga at the time and conducted the investigation, interviewing Colonel Steyn telephonically and obtaining a statement.

“Major General Gerber ... was the Provincial Head of the DPCI in Mpumalanga ... He did telephonically interview me and I tendered a statement”

Major General Gerber exonerated the four Hawks members he investigated.

“Ultimately he exonerated the four that he investigated, the four Hawks members”

The complainant in the IPID investigation was Mr Mashaba and three police officers who were arrested, including a traffic officer and two police officers, plus a private individual.

“the complainant ... Mr Mashaba ... the three police officers who were arrested ... the traffic officer and the two police officers, and then the private individual”

The charges against Colonel Steyn that the DPP dismissed were corruption and defeating the ends of justice.

“If my memory serves me well, it was corruption and defeating the ends of justice”

A meeting was held on 3 December with Forensics where Colonel Steyn and others requested to physically see the exhibits but the consignment could not be found and Forensics indicated there was a problem.

“the first meeting we had with the people at Forensics in an effort to try and address this tasking that I received... they went and looked for it, but they could not find the whole consignment and they returned to us and they said to us, well, there is now a problem”

Colonel Steyn contacted Brigadier Allen after the Forensics staff could not find the consignment and requested her to assist and intervene in the matter because he did not get joy from her personnel.

“I then contacted Brigadier Allen who is their commanding officer, and I requested her to assist with this tasking and to actually intervene because I did not get joy from her personnel”

In early February 2025, Brigadier Allen informed Colonel Steyn that they found the exhibits in the storeroom but the exhibits were no longer in brick form but in forensic plastic transparent bags with no markings, only tags describing the lab number and case number.

“In the beginning of February she contacted me and informed me that they found the exhibits in the storeroom but that the exhibits were no longer in the brick form but in forensic plastic transparent bags with no markings on it but the bags had tags on them describing the lab number as well as the case number”

General Kadwa made a call to the DPCI National Head of the Anti-Corruption Section requesting an investigation into the missing evidence matter in early February 2025.

“General Kadwa decided to phone the DPCI National Head of the Anti-Corruption Section and requested an investigation into the matter”

There was a discrepancy in weight between the original consignment of 715.86 kilograms and the current weight of 579.40 kilograms, leaving 136.46 kilograms unaccounted for.

“Based on the original weight of 715.86 kilogram, it only weighed in now at 579.40 kilogram so 136.46 kilograms was missing”

The forensic exhibits were deteriorating because the plastic wrapping with logos had to be removed for testing every brick, leading to the degradation of the packaging and loss of evidence integrity.

“she indicated that that started to deteriorate obviously because of the fact that they had to remove some of this powder to actually analyse it, that wrapping then deteriorated further because they literally, if I understand it correctly, they tested every brick. So, because they opened those bricks, it started to deteriorate and they decided to remove the wrapping and just put it in other bags that they used then to put the evidence in after they have analysed it”

Forensic testing is done on small samples from each brick, not on the entire original 715 kilograms, so it is not possible that testing accounted for the missing 136 kilograms.

“they cannot test, if they test all 715, there is nothing left. So it would be small samples out of each brick, in my understanding, that they do test”

The missing 136 kilograms of evidence powder is a significant loss from the storage room and was upsetting to those involved.

“136 kilograms are not accounted for. That is quite a lot to carry out of the storage room. Indeed. It was quite upsetting to us at the time”

The forensic storeroom was chaotic, with kilograms of exhibits piled on top of one another and on the floor, making it very difficult to locate specific items.

“Lack of a better explanation, chaos... it was kilograms and kilograms of exhibits lying on top of one another and roof height... All in one room. Different bags with the tags on them... I do not know how they would know to go to the back of this facility to retrieve certain items. It is like a puzzle”

The forensic storeroom was secured with strong room doors requiring sign-in and cameras were observed at the entrance, presumably as part of ongoing Anti-Corruption Section investigations.

“There is serious strong room doors in front and you have to sign... I saw cameras. If they are working, I cannot answer. I think so, yes, ought to be... part of the investigation by the Anti-Corruption Section Head”

Colonel Steyn overheard that the call regarding the missing evidence investigation was made by General John Matroos who heads that section in the DPCI, succeeding General Kadwa who is no longer in the police.

“I overheard the call that General Kadwa made ... it was General John Matroos who was heading up that section within the DPCI”

A statement was taken from Warrant Officer Morris regarding the recount, with a question about why the recount was done from their side.

“last week they took a statement from Warrant Officer Morris, and I was approached on Friday, past Friday, to tender a statement from my side on, actually one of the questions that they ask is why was the recount done from our side?”

The street value of 136 kilograms of drugs missing is roughly 55 million.

“Times 400,000 . . . It is roughly 55 million.”

If the missing drugs had entered the street market, it would not be possible to identify them due to their similarity with other cocaine powders.

“I do not think so, reason being I do not know if it was removed in those blocks where we found it in, because that would be the only way to identify it . . . Cocaine is a white powder, the end product is a white powder, so it will be very difficult to identify that on the street per se”

There was a media report dated 22 February 2025 discussing a crime intelligence battle and key witnesses in Feroz Khan disciplinary to face drug charges.

“there is a media publication ... dated 22 February 2025 . . . Crime Intelligence Battle, Key Witnesses in Feroz Khan Disciplinary to Face Drug Charges . . . discusses what happened at the Aeroton scene and the four suspects that were arrested”

The report reveals Nku and Mashaba were in indirect communication with an East Rand businessman allegedly a middleman between a Brazilian drug operation and local operations, and encrypted messages showed Nku discussing employees at the Durban port.

“The report reveals Nku and Mashaba were in direct communication with an East Rand businessman, who appears to have been the middleman between a drug operation in Brazil and local operations. . . chats from encrypted messaging services revealed that Nku was talking about certain employees at the Durban port”

Internal Hawks investigators obtained WhatsApp messages and cellphone analysis indicating that evidence likely to prove crucial to Khan's survival in disciplinary proceedings leaked to the media from an internal report.

“evidence that it leaks, essentially, comes from an internal report . . . Can you confirm whether you know about these WhatsApp messages and the evidence regarding Nku and the Durban businessman?”

Colonel Steyn confirms knowledge of similar presentations by the Provincial Crime Management Centre (PCMC) but not this specific WhatsApp message evidence; he did not know how the media obtained the information.

“I know there was analysis done by our PCMC ... but to where this comes from, and I have not seen this prior today . . . I do not know where they have gotten this . . .”

Leak of confidential information to the media compromises criminal investigations because it informs criminals about what the police are investigating, thus hampering investigations into syndicates.

“the risk of it is plain and simple to the fact that at the end of the day, if these types of things are published, it makes it easier for the criminals to see what we are looking at and how we do our investigations, and that would hamper further and future investigations into this type of syndicates”

Wood's sketch of the Aeroton scene was drawn later in the day than photographs showing a black bakkie with black bags and a marked police vehicle parked in front of it.

“You will see a photograph of the black bakkie with the black bags on top of it . . . also in front of that ... a marked police vehicle parked right in front of it . . . Wood's sketch was only done at a particular point in the day . . .”

Mashaba and others likely transported the drugs openly in a black bakkie without protection.

“So Mashaba and them would have transported the drugs open in this way, if they had had their way? That looks like that . . . And without protection”