Hearing day 112

Colonel Gavin Jacob joined the South African Police in January 2001 and has served in various units including the Forensic Science Laboratory, Directorate of Special Operations (Scorpions), Narcotics section, and the South African Narcotics Enforcement Bureau (SANEB).

“I joined the South African Police in January 2001 . I was appointed at the rank of Sergeant as a Forensic Analyst at the Ballistic Unit of the Forensic Science Laboratory . In April 2002 , I joined the Directorate of Special Operations , commonly known as the Scorpions . I was based in Silverton as a Special Investigator at the Crime Information Collection Unit . In November 2004 , I was transferred to the DSO Durban where I was placed within the Narcotics section .”

Colonel Gavin Houston Jacob is a Colonel in the South African Police and serves as the Unit Commander of the Durban Serious Organized Crime Investigation Unit.

“I am a Colonel in the South African Police with PERSAL . I am attached to the Directorate for Priority Crime Investigation and the Unit Commander of the Durban Serious Organized Crime Investigation Unit.”

In July 2009, the Directorate of Special Operations was dissolved and merged with SAPS, after which Colonel Jacob joined the DPCI Durban Organized Crime Unit and later the Serious Organized Crime Investigation Unit.

“In July 2009 , the DSO was dissolved and we were merged with the SAPS . I joined the DPCI Durban Organized Crime Unit , which later became known as the Serious Organized Crime Investigation Unit .”

Colonel Jacob was promoted to the rank of Colonel in February 2022 and appointed Unit Commander of the Durban Serious Organized Crime Investigation Unit, which includes the National Priority Violent Crime Section (NPVC), SANEB, and EPR groups.

“In February 2022 , I was promoted to the rank of Colonel and appointed as the Unit Commander of the Durban Serious Organized Crime Investigation Unit . The unit comprises a National Priority Violent Crime Section (NPVC , SANEB and EPR groups ) .”

Colonel Jacob coordinated drug operations, managed drug projects, dismantled clandestine laboratories, and was involved in several drug seizures at ports and container depots prior to a large seizure on 22 June 2021.

“I have coordinated drug operations , managed drug projects , dismantled clandestine laboratories , and been involved in several drug seizures at the port and container depots . Prior to the drug seizure on 22 June 2021 , I had not conducted a larger seizure .”

Colonel Jacob and SANEB conducted investigations focusing on drug projects including identifying drug syndicates, dismantling clandestine laboratories, harbour interdictions, seizures, and undercover operations.

“When he went out of the police , I took over the Narcotics group , but basically your investigations revolved around drug projects , identifying drug syndicates , drafting a project on how to address them , dismantling of clandestine laboratories , harbour interdictions , seizures , undercover operations . All major or high-level drug-related investigations were conducted by the SANEB group .”

On 22 June 2021, Colonel Jacob received information about cocaine in a container from Captain Duma of Crime Intelligence and coordinated the operation despite being on vacation leave.

“On 22 June 2021 , I received information from Captain Duma of Crime Intelligence regarding Cocaine in a certain container . He called me just after 7 a.m. on the said morning regarding the information . Captain Duma also called Warrant Officer Mpangase regarding the same information . I called Mpangase after the call from Captain Duma . He indicated that he would brief the Brigadier accordingly . ... I informed Warrant Officer Mpangase that although I was on vacation leave , I was going to book on duty to conduct this operation or attend to this information .”

Colonel Jacob admits that SANEB is responsible or involved in all major drug operations, focusing on high-level criminal value chains to disrupt wholesalers, financiers, distributors, and international traffickers.

“When it comes to our mandate, we try to focus on what we call a criminal value chain and levels 3, 4, and 5, that meaning we are looking at your wholesalers, your financiers, your distributors, your international drug traffickers. So we try to focus on those involved in the drug industry that are quite prominent... SANEB is responsible or involved in all major drug operations.”

Colonel Jacob describes his involvement in an investigation regarding a container with suspected cocaine at the CHC container depot in Isipingo on June 22, 2021.

“On the said morning, I was fetched from my residence by Warrant Officers Mpangase and Sibiya... The information was that there was a container in Isipingo with suspected Cocaine inside... We proceeded to the depot... alleged to be 27 pieces or units of Cocaine in container number BEAU595535, which was stored at the CHC container depot in Isipingo... Upon opening the container it was noted that there were numerous black canvas bags placed onto 50-kilogram bags of animal feed... Upon inspection of one of those bags, we noticed it to contain suspected one-kilogram bricks of Cocaine... 27 such bags with warehouse staff... the depot was busy with machinery traversing our immediate vicinity... Umlazi is 11 kilometres away from the depot, which I saw as a risk, and we were working in an uncovered area of the depot.”

Colonel Jacob explains that the drugs in the container were concealed using a rip-on rip-off modus operandi, where the original seal is cut, the drugs piggyback on legitimate cargo, and the container is then resealed, sometimes with duplicate or new seals to deceive consignees.

“I immediately suspected this to be a rip-on-rip-off load. This is a modus operandi whereby the drugs are loaded at the port of origin in a legitimate container... The seal is cut, bags removed, and the container is resealed. Sometimes a duplicate seal is used when resealing the container, or a new seal is used... The consignee is none the wiser, as their commodity or goods are not affected.”

Colonel Jacob states that no arrests have been made in South Africa for rip-on rip-off cases due to the difficulty of linking investigations to suspects without credible intelligence and forensic results.

“Investigations of this nature is difficult to link to a suspect. I am not aware of any arrests pertaining to a rip-on-rip-off case in KZN nor within South Africa... In the absence of credible intelligence, arrests are non-existent... We have not received any DNA or fingerprint results back from the LCRC.”

Colonel Jacob clarifies that a duplicate seal can have the exact serial number of the original seal or a different serial number; consignors usually do not notice the difference because their goods are intact.

“You can get a duplicate seal that has the exact serial number of the original seal, or they could just put another seal that does not even have the same serial number, and the consignee is not that bothered because their commodity is still intact.”

Exhibit bags containing drugs valued at approximately 200 million were loaded into a marked vehicle used by border police members, with the priority to safeguard these exhibits.

“These canvas bags were then loaded into a marked vehicle utilized by the border police members. My main priority was to safeguard these exhibits, valued at approximately 200 million.”

The depot is located 11 kilometres away from Umlazi, and proximity to Umlazi creates a risk.

“That is correct, it was 11 kilometres away.”

The container storing the exhibit bags was locked and available for further inspection later, indicating careful handling of exhibits.

“The container was locked and available for us to further inspect at a later”

Umlazi is known as a volatile and high-risk area with serious criminals, cash-in-transit robbers, and major players in the drug industry.

“Umlazi is a volatile area. We know that you have got serious criminals, cash-in-transit robbers. We know, we have got also major players in the drug industry that reside there. It is known for not being that much of a safe place, a high-risk area.”

Decision was taken not to cordon off and close the depot to avoid prejudicing the company as they were not suspects.

“I took the decision not to cordon off and close the depot. I did not want to prejudice the company by closing them down for the rest of the day, as they were not suspects in this matter.”

Senior officer on scene, as the Crime Scene Commander, has responsibility for all executive decisions regarding crime scene management.

“As the senior officer on the scene, Commissioner, any of these executive decisions that are made with regards to a crime scene and the handling thereof would have fell squarely on my shoulders.”

Crime scene evidence such as DNA, fingerprints, bullet trajectory, and crime scene photos are crucial; proper crime scene management is paramount.

“In a CIT scene, evidence uplifted from the crime scene, irrespective of where the crime scene is, is crucial. DNA, fingerprints, positioning of cartridge cases, trajectory of bullets, crime scene photos, etcetera, are all critical in proving your case. Here, crime scene management is paramount.”

Upon arrival at Isipingo SAP, the exhibit bags were offloaded and the SAP 13 clerk, Warrant Officer Perumal, was called but did not have the required size exhibit bags available.

“Upon arrival at the station, I called Brigadier Nyuswa to inform him of the seizure. The members started to offload the bags and I went to call the SAP 13 clerk, Warrant Officer Perumal. He came to the parking area and viewed proceedings. When asked for exhibit bags, he indicated that they did not have any of the required size.”

Warrant Officer Perumal signed confirming the SAP 13 373/2021 entry related to the exhibit.

“Warrant Officer Perumal signed to confirm the same.”

There were not enough exhibit bags of required specification for the magnitude of the seizure, so the count of 541 kilogram bricks of cocaine proceeded with border police members' assistance.

“My membership had a few of the bags of the required specifications, but not enough for this magnitude. We proceeded with the count of bricks of Cocaine with the Border Police members. Mpangase was noting down the count as we progressed and assisting with counting also. Sibiya and I took photos of this process. The number of 1 kilogram bricks amounted to 541.”

Brick weights were determined by experience and not by weighing; it was assumed that bricks were 1 kilogram based on appearance.

“Commissioner, we did not weigh them. Based on my experience.”

The SAP 13 entry column was poorly completed, lacking detailed description of colour, branding and number of bricks.

“I was poorly complete, more especially since there were no exhibit bags. A more detailed description of the different colours, the branding and number of said bricks should have been noted in column 3.1.”

Acknowledgement that bricks could have weighed less, such as 900 grams or 800 grams, but weight was assumed based on experience and look.

“You are correct, Commissioner. It could have been 900 grams. But based on your experience and the look of it, you assumed that it is 1 kilogram bricks.”

Isipingo SAP would not store these exhibits; efforts were made to find storage and the Forensic Science Laboratory (FSL) was contacted but had no storage space.

“I knew Isipingo SAP would not store these exhibits. I called the FSL whilst at the station, not only to attend the scene, but to ask if they had storage space for the drugs. They indicated that they did not have space.”

Durban Central SAP and Brighton Beach SAP still had exhibits from drug seizures conducted in February and September 2020 respectively, causing storage issues.

“I knew that the two police stations that normally assisted with storage, namely Durban Central SAP and Brighton Beach SAP, still had exhibits from our drug seizures conducted in February 2020 and September 2020 respectively.”

Exhibits stored at Brighton Beach SAP were seized in a drug operation in Umhlali Policing Precinct in September 2020; FSL attended that scene and took samples of a precursor chemical.

“The exhibits stored at Brighton Beach SAP were amongst those seized in a drug operation in Umhlali Policing Precinct in September 2020. The FSL attended that scene and took samples of a precursor chemical called anthranilic acid.”

Brigadier Nyuswa was called to secure storage location for the drugs and arranged with General Senona for the exhibits to be stored at Port Shepstone's Serious Organized Crime Unit.

“I then called Brigadier Nyuswa and told him that I had exhausted all avenues and that he should secure a storage location for the drugs. After a while, he called me back saying that he had discussed with General Senona and that the exhibits should be stored at Port Shepstone's Serious Organized Crime Unit.”

A team was arranged to conduct an armed escort to the exhibits at Port Shepstone, and the crime scene was handed over to Warrant Officer Mpangase, the investigating officer.

“He further arranged a team to conduct the armed escort to the exhibits to Port Shepstone. I briefed Mpangase on the instructions from the Brigadier. After a while, we were met by members of our National Priority Violent Crime Section as well as the tracking team comprising Public Order Policing members. I handed the scene over to Warrant Officer Mpangase who was the investigating officer of the matter.”

FSL requires exhibits for analysis to be sealed in bags and it would be prudent to photograph sealing process.

“COLONEL JACOB”

The next day it was discovered that exhibits were only being sealed in bags then; the officer reminded Mpangase to enter them into SAP 13 immediately to prevent queries.

“The following day, when I contacted Mpangase and learned that exhibits were only being sealed in bags then, I reminded him that they should be entered into the SAP 13 immediately to ensure there were no queries raised.”

After being dropped off at Port Shepstone, the exhibits spent the night not in exhibit bags, with no record of their specific contents or quantities.

“Am I correct in my understanding of your paragraph 32 that after they were dropped off at Port Shepstone offices, they spent the night not being in exhibit bags ? Is that a correct understanding ? That is correct , Commissioner .”

There was no record kept overnight at Port Shepstone of the exact quantities and contents of exhibits left there.

“In that period , that overnight period , there was therefore no record of what exactly , and I am speaking specifically about quantities and the content thereof , there was no record of what is there , what has been left at Port Shepstone ? That is correct , Commissioner .”

Samples suspected to be cocaine were forwarded to the Forensic Science Laboratory (FSL) for chemical analysis on instruction of Colonel Jacob who consulted Colonel Khuzwayo, Head of Chemistry at FSL.

“Since the FSL had no space for us to forward all of the exhibits, the next logical step to take was to forward samples to confirm indeed if what we had was Cocaine. I called Colonel Khuzwayo, who is the Head of Chemistry at the FSL in Amanzimtoti, and sought guidance in this regard.”

On 4 July 2021, samples were taken to the FSL Amanzimtoti for analysis, with exhibits being destroyed only after analysis reports are received, especially for matters under investigation.

“On 4th July 2021, I took these samples to the FSL Amanzimtoti for analysis. It is only when an analysis report is received from the FSL can exhibits be destroyed, more especially for matters under investigation.”

SARS Customs indicated that the container in question was one of 10 that had a detention notice on 23 June 2021 but did not share specific reasons for the flagging.

“I was in contact with SARS Customs, and they indicated that the container in question was one of 10 that they had a detention notice on 23rd of June 2021. They did not share any specific information on why they had flagged this container.”

On 19 July 2021, Colonel Jacob sent an email to Advocate Govender of the DPP's office regarding assistance in the matter; Advocate Ramkalawan was assigned and advised that statements should not be obtained at that stage from mentioned entities.

“On 19 July 2021, I sent an email to Advocate Govender of the DPP's office with regards to assistance in this matter. Advocate Ramkalawan was assigned to the matter. I discussed the matter with her, and she indicated that statements should not be obtained at this stage from any of the entities mentioned above.”

Advocate Ramkalawan advised that at the early stage of the investigation, the listed entities including the transporter, clearing, and forwarding agents should be viewed as suspects and statements should not be obtained prematurely.

“At that stage, according to her or the DPP's office, we should view them as suspects until we can with certainty say that they are not. So at that stage, she thought it was premature to obtain statements from these entities.”

Warrant Officer Mpangase filed a detention notice from SARS Customs listing the container of interest among the 10 containers cited on 23 June 2021.

“Once I had learned, when I did look at the actual enquiry file, I noted that Warrant Officer Mpangase had filed a detention notice from SARS, from Customs and I noted that the container of interest, the one that we had searched, was listed amongst the 10 that were cited on this detention notice.”

Between late July and August 2021, Colonel Jacob prepared a PowerPoint presentation on the seizure of cocaine as instructed by General Senona, including gathering statements and relevant documents.

“Between late July 2021 and August 2021, I had prepared a PowerPoint presentation on the seizure of Cocaine... as per General Senona's instruction, I cannot recall when I had sent it to him. During the course of this investigation, I had obtained and filed seven statements, together with all relevant shipping documents, email correspondence with the DPP's office, photos of the container and exhibits, as well as numerous other Customs and Transnet documents.”

Exhibits kept at Port Shepstone, Isipingo, and Durban Central were causing a lot of bother and Colonel Jacob was getting undated calls about them.

“When I did engage with him, I enquired about these exhibits kept in Port Shepstone, as well as the exhibits that were initially kept at Isipingo and now stored at Durban Central, because both of them were, more especially the ones at Durban Central, were causing me a lot of botheration. I have been getting calls, in undated with calls about them, hence my calls to FSL Pretoria.”

Colonel Jacob made calls to FSL Pretoria about exhibits that could not be accommodated for analysis or disposal and was assisted by Colonel Schorle, the Pretoria FSL liaison.

“During the next few months, I kept in touch with the FSL Amanzimtoti and made calls to the FSL Pretoria in respect of these exhibits... It would have been Colonel Schorle from FSL Pretoria. He is our go-to man. He is always assisting and the one trying to accommodate us.”

Engagement with FSL Pretoria regarding exhibits started about a month to three weeks after the date of seizure because it was hoped that exhibits stored at Durban Central would be accommodated first.

“What I can say, it would have been at least maybe a month or three weeks to a month from the date of seizure... because I was already aware of, we were trying for those exhibits that were laying at Durban Central for already a long time... hence it took me a longer while, because in my mind I knew, obviously they would try to accommodate those exhibits laying at Durban Central first, before they could accommodate these that were now seized in June 2021.”

On 22 June 2021, FSL Amanzimtoti lacked the capacity to accommodate the exhibits for analysis or disposal.

“As at the 22nd of June, the day of the seizure, FSL Amanzimtoti did not have capacity to accommodate them.”

In October 2021, Brigadier Nyuswa informed Colonel Jacob of an attempted break-in at the Port Shepstone office and instructed him to expedite investigations and analysis of exhibits for disposal.

“Sometime in October 2021, I was contacted by Brigadier Nyuswa, informing me that there was an attempted break-in at the Port Shepstone office, and that I should look into expediting investigations and the analysis of exhibits, so that exhibits could be disposed of.”

Officer Setshedi explained that seven to ten bricks of cocaine were needed to calculate an average weight for analysis reports, which would enable disposal of the exhibits.

“He explained that they required seven to ten bricks of Cocaine to weigh, so that the analysis report could reference the average weight for the total exhibits.”

On 4 November 2021, Colonel Jacob called Advocate Ramkalawan to enquire about the status of the matter and was informed that Advocate Govender was to sign off on further investigations and queries.

“On the 4th of November 2021, I called Advocate Ramkalawan, enquiring about the status of the matter. She indicated that her supervisor, Advocate Govender, was to sign off on further investigations/queries and get back to me.”

At the stage of this enquiry, Colonel Jacob was the investigating officer and Advocate Ramkalawan was the prosecutor assigned to the DPP office.

“I was the investigating officer. Advocate Ramkalawan was a prosecutor assigned to the DPP's office.”

Standard procedure required that every cocaine seizure needed to go to the DPP's office for guidance, a directive applicable at the time of the operation in question.

“There is a directive issued at our office that every Cocaine seizure needs to go to the DPP's office for guidance. It is now our standard operating procedure.”

Colonel Jacob received an instruction from Brigadier Nyuswa regarding the directive for cocaine seizures to go to the DPP's office.

“I received an instruction from Brigadier Nyuswa regarding the same.”

A recent seizure of 32 or 33 kilos at a harbour was investigated by Colonel Jacob's unit, and the DPP's office requested copies of enquiry documentation and gave guidance, as per understood practice by involved parties.

“The latest, we had 32 kilos or 33 kilos that were seized at our harbour and once again, my unit was investigating the matter. I think on day two of this, we got a call from the DPP's office to ask where is this enquiry, we need copies, we need to give guidance.”

The DPP's office does not regularly provide written tasking entries in the investigation diary, however, sometimes they send action logs or communication about how to proceed.

“The DPP's office, for whatever reason, our DPP's office, did not do that that regularly. However, they used to, in some occasions, send us an action log or some sort of communication as to what is the way forward in terms of this investigation.”

On the same day, Colonel Jacob called acting Unit Commander Lieutenant-Colonel Prinsloo at Port Shepstone to arrange for Officer Setshedi of FSL to take seven to ten bricks to FSL for weighing; Prinsloo indicated he was attending a wildlife workshop from 8-12 November 2021.

“On the same day, I called the acting Unit Commander at Port Shepstone, Lieutenant-Colonel Prinsloo, and indicated that I wished to come through with Warrant Officer Setshedi of the FSL who would take seven to ten bricks to the FSL for weighing. He indicated that he was going on a wildlife workshop from the 8th to the 12th of November 2021.”

There were many problems with the polygraph test, and passing it may not necessarily mean one actually passed it.

“I am so sorry. ... that there were all sorts of problems with the polygraph test ... Some people who supposedly failed the test in fact did not, basically because a lot of things went wrong ... passing the test may not necessarily be proof that you actually passed it.”

Warrant Officer Sander was making enquiries at FSL regarding exhibits seized at CHC Depot on 5 February 2020.

“Warrant Officer Sander of my office was also making enquiries to the FSL with regards to the exhibits seized at CHC Depot on the 5th of February 2020.”

On 8 November 2021, Brigadier Nyuswa informed of a theft of drugs at Port Shepstone, and Colonel Jacob was called to the scene with Captain Majola and others.

“On 8 November 2021, I was called by Brigadier Nyuswa, who informed me of the theft of drugs incident at Port Shepstone. I proceeded with Captain Majola to the scene. General Senona and Brigadier Nyuswa arrived a short while later. LCRC was in attendance, and Captain Majola and I canvassed the area for CCTV footage.”

Colonel Jacob asserts he has no knowledge or involvement in the theft of drugs incident and passed the polygraph test regarding this matter.

“I must add that I bore no knowledge, neither am I involved in the theft of drugs. I was questioned and polygraphed with regards to this incident. I passed the polygraph test.”

Colonel Jacob states he felt vindicated and relieved upon passing the polygraph test despite known issues with it.

“When I did pass I felt vindicated, I felt a good sense of relief ...”

Colonel Jacob asserts that Isipingo SAP has never had a problem with storing exhibits before the theft of drugs incident on 8 November 2021.

“According to evidence tendered, Isipingo has never had a problem with storing exhibits before ...”

Colonel Jacob submitted statements to General Flynn’s team addressing storage issues at Isipingo SAP relating to exhibits seized on 22 June 2021, and specifically involving Warrant Officer Perumal.

“I have submitted further statements to General Flynn's team over the years. I had expressly stated that we had an issue with storage at Isipingo SAP, more especially Warrant Officer Perumal. A statement was obtained by General Flynn's team from Warrant Officer Perumal in respect of availability of storage space and exhibit bags (on 22 June 2021).”

There was a prior seizure on 5 February 2020 involving approximately 547 kilograms of Mandrax tablets and powder.

“The previous seizure at the CHC depot on 5 February 2020 involved approximately 547, but I put 570, kilograms of Mandrax tablets and powder.”

Colonel Jacob states that Warrant Officer Perumal did not accept exhibits or have exhibit bags on 22 June 2021, and that Perumal was unwilling to keep those exhibits.

“All I know ... was that he was not accepting those exhibits, neither did he have exhibit bags. ... my colleagues on the scene have since sternly reprimanded me by saying, Colonel, Warrant Officer Perumal did not want to keep those exhibits.”

Colonel Jacob says the confusion regarding exhibits storage may stem from mixing up incidents in February 2020 with the 22 June 2021 incident at Isipingo SAP where exhibits were refused.

“I think I mixed up our previous incident in February 2020 ... and the whole debacle there ... I am the one that secured Durban Central SAP with regards to storing those exhibits that Isipingo had turned away.”

Colonel Jacob states he cannot recall explicitly asking Warrant Officer Perumal for permission to store the exhibits but knew they were not being stored and was corrected by colleagues.

“I cannot recall offhand that I did ask him ... but I know they were not storing it. My colleagues reminded me that I was wrong.”

There was storage space available for the seized drugs, approximately over half a ton could be accommodated, contrary to any suggestion that unwillingness or lack of space was the issue.

“this is my opinion . They have a storage place that could have accommodated ... over half a ton”

Warrant Officer Perumal commented that they did not have members to guard the seized drugs, indicating issues beyond just storage space including manpower problems and risk associated with the drugs.

“Warrant Officer Perumal had made a comment that they do not have members to guard these drugs”

In early 2020, Isipingo SAP stored Mandrax exhibits from February 6 until November 12, after which they were transported to the FSL Pretoria for destruction.

“these exhibits had to be stored at Durban Central SAP from the 6th of February 2020 until the 12th of November 2021 when they were taken to the FSL Pretoria for destruction”

Warrant Officer Perumal reported a member getting sick due to the drugs stored at Isipingo SAP, supporting the credibility of his concerns about the drugs and storage conditions.

“Entry 387 is made by the very same Warrant Officer Perumal, and it pertains to a member getting sick due to the drugs stored there . Surely this speaks to the credibility of Warrant Officer Perumal”

In 2021, Durham Central SAP still had exhibits booked out of Isipingo SAP from February 6, 2020, indicating they had not taken back the drugs due to lack of storage capacity.

“Durban Central still had the exhibits booked out of Isipingo SAP on the 6th February 2020”

COLONEL JACOB concluded that Durban Central SAP did not have the capacity to take back these exhibits from storage at Isipingo SAP in 2021.

“therefore Durban Central did not have capacity . That is my conclusion”

Exhibits stored at Brighton Beach SAP are kept in an unused cell due to the prospect of an arrest, which is why they have not been destroyed.

“these exhibits are stored at Brighton Beach SAP in an unused cell . There is a prospect of an arrest , hence these exhibits have not been destroyed”

Brighton Beach SAP stored exhibits from a September 2020 drug seizure in the Umhlali area, and also assisted with storage via Durban Central Organized Crime when other stations were exhausted.

“Brighton Beach SAP still has exhibits from a September 2020 drug seizure in the Umhlali area . They allowed us to store exhibits via Durban Central Organized Crime... Brighton Beach SAP was the only other station to assist storing some of these exhibits after we had exhausted police stations closer to the Umhlali area”

COLONEL JACOB concluded that Brighton Beach SAP did not have capacity to store exhibits at the time.

“are you suggesting at paragraphs 55 and 56 that the conclusion you drew at the time is therefore Brighton Beach SAP does not have capacity ? That is my conclusion”

Warrant Officer Setshed was intimidated by members who acquired his statement and was accused of stealing drugs before the investigation began, making his statement under duress.

“Warrant Officer Setshed admitted to being intimidated by those members that acquired his statement . He indicated that he was first accused of stealing the drugs before the interview began . In no uncertain terms he made it known that this statement was made under duress”

There was a narrative created with clear bias by the investigation team that falsely portrayed the theft of drugs and ignored the lack of evidence pertaining to the actual theft.

“The interpretation of witnesses shows clear biasness from the investigation team investigating the theft of drugs . I believe that in the absence of any evidence pertaining to the actual theft of drugs , a false narrative of what transpired was created . The investigation seems to have been directed towards this false narrative”

Colonel Jacob called the Head of Chemistry, Colonel Khuzwayo, on or about the 23rd of June 2021 to inquire about the procedure for taking samples, as the lab was not accepting the samples.

“I know I called Colonel Khuzwayo to ask advice seeing as how I knew that the lab was not accepting this, I just tried to get the ball rolling with regard to an analysis report. I did call her. She advised me how to take samples.”

Colonel Jacob instructed Warrant Officer Mpangase to take samples according to the guidance given by Colonel Khuzwayo around the 23rd of June 2021.

“I call Warrant Officer Mpangase directly afterward and advised him on exactly what Colonel Khuzwayo had said. And on my instruction, that is how he took, went about to obtain those samples in the manner in which Khuzwayo, Colonel Khuzwayo had guided me to do so.”

Colonel Jacob had a contemporaneous conversation on the 27th of October 2021 with Warrant Officer Setshedi about finalizing the analysis report or disposing the drugs in Port Shepstone; Setshedi guided on the scientific procedure which Jacob did not know.

“My conversation on the 27th of October with Warrant Officer Setshedi was with regards to either finalizing analysis report, either disposing, but getting rid of those drugs in Port Shepstone. It is then that he made me aware. I would not know this scientific procedure. I worked at Ballistics, not at Chemistry.”

Colonel Jacob maintains that his conversation on the 27th of October 2021 with Warrant Officer Setshedi was about guidance on quantitative analysis because initially only qualitative samples were submitted.

“I maintain that my conversation on the 27th with Warrant Officer Setshedi, he did advise me on what we needed further in order to get a quantitative analysis because we had only submitted samples that would look at the qualitative aspect of it.”

Colonel Jacob submitted samples on the 5th of July 2021 because Warrant Officer Mpangase had not submitted them after the seizure.

“I submitted those samples because when I came back from work, I had seen that Mpangase had not submitted them, hence, I submitted them on the 5th of July.”

Colonel Jacob kept a contemporaneous investigation diary, making entries day by day with times and dates of events and conversations related to the investigation including those with Colonel Khuzwayo and Warrant Officers Mpangase and Setshedi.

“Meaning it goes day by day. You write the time, the date. So I had done it I would think on the 3rd of June. When I got back on the 29th of June, Warrant Officer Mpangase had already diarized and written what he had done.”

Colonel Jacob did not make a contemporaneous diary entry regarding his call to Colonel Khuzwayo on the 23rd of June because he was on leave and not in possession of the enquiry documents at the time.

“If I was in possession of that enquiry and still at the office like I went on leave, if I was still at the office and I called Colonel Khuzwayo, I would have had that enquiry in front of me, I would have diarized to date, time, the nature of my conversation with her as well.”

Colonel Jacob states that General Flynn's testimony suggested that taking samples was unheard of.

“you say it was suggested that taking samples is unheard of ... you were referring to General Flynn's evidence”

Colonel Jacob denies any criminal conduct at the crime scene or at Isipingo SAPS in relation to the handling of exhibits.

“none of my actions at the crime scene or at Isipingo SAP amounted to criminal conduct”

Colonel Jacob clarifies that the non-availability of exhibit bags was the reason the exhibits were not sealed according to National Instruction 8 of 017.

“The non-availability of exhibit bags was the reason these exhibits were not sealed in bags as per National Instruction 8 of 017.”

Colonel Jacob states that contamination of the crime scene or integrity of exhibits was never cited as an issue during interaction with the DPP's office.

“During my interaction with the DPP's office, a contamination of the crime scene or the integrity of these exhibits ever cited as an issue”

Colonel Jacob confirms that drugs need to be sealed in exhibit bags upon entering SAPS, but that the drugs were not sealed at the scene due to unavailability of bags at the depot.

“drugs need to be sealed in an exhibit bag upon entering into the SAP... needs to be sealed at the scene in exhibit bags ... they were not sealed at the scene being at the depot... because there were no exhibit bags”

Colonel Jacob explains that the DPP's office did not raise concerns about the integrity and contamination of the crime scene.

“the DPP did not raise any concerns about the integrity and the contamination of the crime scene”

Colonel Jacob states that when short of exhibit bags, police will try to source them from other nearby police stations, but there is no go-to place for bags.

“there is no go-to place, I would say, Chair, with regards to getting exhibit bags... you try whichever station is closer to you”

Colonel Jacob admits that no enquiries were made with nearby police stations where exhibit bags could have been sourced, despite the short distance.

“No enquiries were made from those police stations”

Colonel Jacob confirms he knew from the onset that the exhibits were transported to Port Shepstone without being contained in evidence bags.

“I knew that from the onset... they were transported to Port Shepstone, not contained in evidence bags”

Colonel Jacob acknowledges he knew prior to handing over to Warrant Officer Mpangase that the exhibits were transported without evidence bags.

“So basically, you knew even before you handed over to, is it Warrant Officer Mpangase? Yes. So even before the handover, you already knew.”

The DPP office was privy to detailed information about the seizure exhibits including dates, times, and handling, but did not express any concern about the crime scene or exhibit integrity though there were issues with compliance to National Instructions.

“In the investigation diary, Warrant Officer Mpangase puts a date and time as to when he sealed them in exhibit bags, where it was done, who was present. Then there is another addendum where he has described the exhibit bag and the colour of bricks in it. So, all of that would have been privy to the DPP's office.”

The chain of custody and integrity of the exhibits were maintained despite non-compliance with National Instructions, which was acknowledged as inexcusable.

“...the chain of custody, the integrity of the exhibits, all of the above that are needed to take a matter to court was still in place, albeit National Instructions were not fully complied with, which is, there is no excuse for that.”

Colonel Jacob appointed and delegated investigating officer duties to Warrant Officer Mpangase from inception until 29 June 2021.

“It was Mpangase who was the investigating officer Commissioner at that stage from the inception up until the 29th of June 2021.”

General Flynn cited drug seizure cases from Durban Serious Organised Crime Investigation, noting some deviations from National Instruction 1 of 2015 were justified by use of discretion and investigative aids like LCRC.

“General Flynn cited drug seizure cases from Durban Serious Organised Crime Investigation... There are reasons for the members deviating from National Instruction 1 of 015. It is understood that an IO uses his discretion and uses investigative aids, namely LCRC, if he knows it will benefit his case.”

The seizure of drugs on 22 June 2021 was never under suspicion until they were stolen; Colonel Jacob denied involvement in the decision to store the drugs at Port Shepstone Serious Organised Crime Investigation or knowledge the location was unsuitable, stating he followed a lawful instruction from Brigadier Nyuswa.

“The seizure of these drugs on 22nd of June 2021 was never under suspicion until they were stolen. I did not have any hand in the decision to store the drugs in Port Shepstone Serious Organised Crime Investigation. Neither did I know that the location was not suitable at the time. I followed an instruction that I deemed lawful when allowing the drugs to be stored there... from Brigadier Nyuswa.”

On 22 April 2026, General Flynn conducted inspections and was informed about the 22 June 2021 drug seizure and other cases; he did not ask questions or seek clarity, and the investigating team later received new information implicating members in drug theft in Port Shepstone on 8 November 2021.

“On 22nd of April 2026, General Flynn was at my office conducting inspections on all our cases on hand... He did not bother to ask any pertinent questions or seek clarity on any issue regarding this matter... This led to an individual coming forward in early February 2026 who claimed to be involved in the planning and execution of the theft of drugs that occurred in Port Shepstone on 8 November 2021... The head of office investigation team was situated in Gauteng and would not have been in a position to immediately respond to this... I informed General Flynn of this new information...”

The theory that the drugs were placed in Port Shepstone so corrupt members could steal them has some credence due to the high risks at the storage place, but General Flynn should have reassessed his investigation after new information implicated some members; Flynn mentioned significant progress but did not attribute it to the Durban DPCI members.

“The high risk associated with that storage place lends credence to this theory... However, the General ought to have reassessed his investigation regarding the theft of drugs after this new information given to him by some of the very same members he is implicating. He alluded to significant progress in the matter during his evidence... He did not bother to mention that this is as a result of the Durban DPCI members mentioned above.”

General Flynn wished to meet or interview the whistleblower about the drug theft, but the relevant member who was in touch with the whistleblower engaged with Flynn alone and did not take his team to interview the individual; the investigating officer was shocked by Flynn's evidence before the Commission as it suggested drugs were placed to be stolen by corrupt members.

“General Flynn wished to meet or interview this whistleblower/informer/suspect. I immediately called in the relevant member who was in touch with the whistleblower to engage with General Flynn and I left the office. I later heard that General Flynn had sent out a team to interview this individual. From what I understand, he did not go out with his team to interview this individual who had vital information on the theft... I was left in total shock upon viewing General Flynn's evidence before this Commission... It is understandable that all of us that were involved in the seizure would have initially been viewed as suspects.”

Colonel Jacob confirms his statement about the authenticity, credibility, and veracity of the new information is based on hard evidence such as names, places, and vehicles, which can be further investigated.

“When I make this statement, I am referring to being a detective to hard evidence, to names, to places, persons, vehicles and the like, not just something hanging in the air...”

DPCI members conspired with criminal elements to carry out the crime of drug theft.

“I do believe that DPCI members have conspired with criminal elements to carry out this crime.”

General Flynn's evidence created a false narrative and orchestrated the investigation to suit it, which caused damage to innocent members and compromised the integrity of the Commission.

“The damage that General Flynn's evidence has caused to us, innocent members, by creating this false narrative and orchestrating his investigation to suit the same, is irreproachable.”

The theft incident caused embarrassment to the Directorate for Priority Crime Investigation (DPCI), the police as a whole, and the country, and should not go unpunished.

“This incident has caused embarrassment to the DPCI, the police as a whole, as well as the country, and should not go unpunished.”

The incident refers to the theft of drugs.

“The incident of the theft... The theft of the drugs.”

Warrant Officer Perumal denied the existence of a storage place and exhibit bags for the stolen drugs in a statement obtained during the investigation.

“I believe it goes along the lines where he denies that there is no storage place. He denies that there were no exhibit bags.”

The investigation team failed to properly question Warrant Officer Perumal about the storage of stolen drugs and related issues such as Mandrax entries in official books.

“The fact that the investigation team remained silent on that issue, and did not even engage Warrant Officer Perumal to ask him, what is your comment on this?”

Colonel Jacob denies involvement in the decision to store drugs at Port Shepstone and suggests General Flynn did not properly investigate this matter.

“It is clear that I was not involved in the decision to store at Port Shepstone, but it is being insinuated that I initiated or was part of this planning... General Flynn ought to have investigated properly... He had clearly not known about the fact that these exhibits were stored there.”

Drugs were stored at Durban Central for 1 year and 9 months untouched, with no official record of such storage, and thereafter taken to Pretoria to be disposed of at an undisclosed incinerator.

“They were lying at Durban Central for 1 year and 9 months untouched... there is no official record of those exhibits being stored at Durban Central... They were taken to an incinerator at some undisclosed location.”

General Flynn misled the Commission by not highlighting that exhibits were stored at Durban Central for over a year before being destroyed.

“General Flynn misled this Commission by not highlighting a pertinent point... that Isipingo had turned those exhibits away and that they were lying at Durban Central for 1 year and 9 months...”

General Flynn stated in a sworn affidavit that the exhibits were confirmed to be Mandrax, but no analysis was done and the exhibits were merely destroyed or disposed of.

“In his statement he says the exhibits were confirmed to be Mandrax... no analysis was done. It was merely destruction or disposal.”

Colonel Jacob testified that he believes members of the Directorate for Priority Crime Investigation (DPCI) conspired with criminal elements to commit the theft incident discussed.

“I do believe that the DPCI members have conspired with criminal elements to carry out this crime.”

Theory that drugs were placed in Port Shepstone so corrupt members could steal it is plausible but without credible evidence.

“In the absence of any credible evidence before his visit to my office, his being General Flynn, I can understand how it is a plausible theory that the drugs were placed in Port Shepstone so that corrupt members could steal it.”

Colonel Jacob stated that he provided credible information to General Flynn about the theft incident on 22 April 2026, but General Flynn did not revise his initial theory based on that new information.

“I can put my neck on the block to say is credible, was furnished to General Flynn ... But obviously one would have expected him to now compare this newer information ... with his initial theory, and look at the two, whether they gel ... none of that happened, despite us furnishing such credible information.”

Colonel Jacob testified he would not make a blanket denial that those involved did not have a hand in the theft, as he believed DPCI members were involved.

“I would not want to mention names, but obviously I did go on to say that I believe that DPCI members were involved.”

Colonel Jacob indicated that the narrative blaming those involved in the seizure for the disappearance of the theft is a false narrative.

“The false narrative is that those of you who were involved in these seizure had any hand in the disappearance of the theft.”

Advocate Khumalo questioned the assumed fact that the substance stolen on 8 November 2021 was cocaine valued approximately R200 million, noting the value can range considerably depending on the cocaine grade.

“What was stolen in November 8, 2021, is Cocaine, and the value of that Cocaine is approximately R 200 million ... depending on the grade ... the market value ... could easily have been 400, or could have been 00, or could have been 300.”

Colonel Jacob explained that the cocaine price depends on its grade and purity and differentiated between 'one-way' cocaine, which is only sniffed, fetching lower prices, and 'two-way' cocaine that can be cooked into crack or rock cocaine, increasing its value.

“With regard to grade of Cocaine ... whether it is a one-way or two-way Cocaine, meaning one-way is Cocaine that you only sniff, which will fetch a lower price as compared to Cocaine that you can sniff and cook into Crack Cocaine or Rock.”

Colonel Jacob confirmed that cocaine was selling for about between R300,000 to R400,000 per kilogram at that time, arriving at the approximate theft value of R200 million.

“At that stage, Cocaine was selling for about, between 180 and 400, maybe R300000 to R400000 per kilo ... So, I think that is how we arrived.”

Advocate Khumalo stated that the quality of stolen cocaine matters for black market sale as price is determined by buyer and seller negotiation based on quality grades.

“Even the people who stole what we believe to be this Cocaine and they were going to sell it in the black market, it would have mattered to them what the quality of the Cocaine is because when they sell it in the black market, the buyer and seller need to say, this is this type of quality, therefore I am selling it to you at this price.”

In any police investigation, the C-clip is the investigation diary where the investigating officer records every incident, tasking, and duty related to the investigation.

“this is your C-clip. It is your investigation diary. It is where the investigating officer will diarise every little incident, tasking, every duty he has conducted, every investigation he is conducted in respect of this investigation”

On 23 June 2021, a 24-hour inspection entry was made referencing Warrant Officer Mpangase, including a direction to obtain witness statements, liaise with the DPP's office, bring SARS/Customs on board, and forward samples to the FSR.

“The entry on C 4, page 803, it is dated 23rd of June, 2021, and this is a 24-hour inspection... Obtain witness statement from all relevant role players. Request PCMC to profile all suspects and business entities. I say, liaise with the DPP's office. Enquire that SARS Customs is brought on board... And I made an entry here, forward samples taken to the FSR.”

Customs assistance is routinely required in drug cases especially seizures through the harbour, as Customs are custodians of key documentation and systems not accessible to police.

“because Customs, we generally, all of our drug cases, especially seizure that come through the harbour, if it is not a joint operation, we still require assistance from Customs. Remember, they are the custodians of lots of the documentation, and they are privy to systems that the police do not necessarily have access to.”

A 24-hour inspection must be done as a formality in police investigations and guides the investigating officer on what to do; failure to hand over for 24-hour inspection by another officer is considered an administrative fault.

“it is a formality in the police. A 24-hour inspection must be done... It is something that is frowned upon. It is one of the boxes that you need to tick, a 24-hour inspection, guiding the member on what to do.”

The investigation diary entries may not correspond exactly with the dates of the events, and entries can be made retrospectively after returning from leave.

“I am not sure when I made this, but it is my entry dated the 23rd... So, I did not make it on the day because I was on leave... So, it looks like I made it retrospectively.”

On 1 July 2021, the container contents were verified at CHC Depot by Warrant Officer Mpangase and Tim Floweday of Mega Freight; the investigation confirmed the container was complete and could be released.

“On the bottom of the same page... To CHC Depot with Warrant Officer Mpangase and Sibiya, Tim Floweday of Megafreight present, unpack of container in order to verify the contents... that our investigation pertaining to the actual container is complete and the container could be released.”

An email was sent to Brigadier Devon Naicker regarding documentation furnished by Mega Freight; Naicker is head of SANEB Binhead office.

“I sent an email to Brigadier Devon Naicker with regards to documentation furnished by Megafreight. He is the head of SANEB Binhead office.”

Customs Commissioner was aware of the container with narcotics, but their interest likely waned after the narcotics were discovered.

“Customs Commissioner was aware of our find at that container. I cannot say with certainty, but I would think that their interest in it had waned since we had already discovered the narcotics in it.”

There was nothing wrong or red-flagged with the bone meal commodity itself, and the detention notice on the container was likely related to the drug content discovered and the point of origin port Santos.

“there was nothing wrong or there was nothing amiss with this commodity. There was nothing that was a red flag about the commodity itself. I think what was of interest was the port of origin, which was the port of Santos, which comes up frequently as one of the ports of origin of drugs, large consignments of Cocaine. So, it is possible it is based on that, but my suspicion is that they put a detention notice on it for the very same reason that we searched it”

The FSL (Forensic Science Laboratory) cannot use the sample without knowing it relates to 541 kilos of suspected cocaine.

“The FSL cannot house it. I am trying to get rid of this, whether it be via an expedited analysis report, or if you tell me I can take it straight for destruction, whichever way. So, they were fully aware.”

When sending samples for analysis, the covering letter neglected to state the cocaine suspicion explicitly, though the sample was part of a larger consignment of 541 kilos.

“When I sent it for analysis, I just sent it, I said it is suspected Cocaine, and I am sending it through for analysis. It does not make provision, but still I think maybe I should have stated that it is a sample of a larger consignment of 541”

The entries highlighted in red in investigative diaries indicate actions by inspecting officers providing advice, comments or guidance.

“Wherever you see red writing in this investigation diary would be an inspecting officer that would have been looking at this enquiry and giving advice or comments or guidance in that regard.”

Monthly or quarterly inspections of investigative diaries are standard practice depending on investigation momentum or type.

“This is a normal monthly inspection or sometimes it can be a quarterly inspection. This I am trying to see. It could have been a month end inspection. I see it is toward the end of July 2021.”

A provincial inspection team from throughout KwaZulu-Natal came to Colonel Jacob's office to inspect dockets, enquiries, and registers.

“This was done by a provincial inspection team meaning this was a team comprising of officers from throughout KZN who would now come to my office and inspect all of our dockets, enquiries, registers and so forth.”

There were no monthly or quarterly inspections from September to November 2021 of the file under discussion.

“From September till November there were no inspections? That is correct. Even the monthly inspection? Yes, there was none done. And no quarterly inspection? The quarterly inspection would have now been conducted during the 12th month. Okay, there would have been an inspection in the 12th month but however this enquiry was now taken away by head office on the 28th of November 2021 subsequent to the death of the drugs.”

The enquiry file was removed from the office by head office on 28 November 2021 after the death of the drugs.

“...this enquiry was now taken away by head office on the 28th of November 2021 subsequent to the death of the drugs.”

There was no assurance other than the affidavit and entry on the date the statement was obtained for the accuracy of the entries in the enquiry file.

“So, there is no other assurance I can give you aside from that the fact that my C-20 clip now corresponds with my A-clip. Like if I say I obtained the statement on the 1st of June. And then if you look at my A-clip you will see there is a statement obtained by myself on the 1st of June. So, I cannot, there is no other safeguard.”

SARS was assisting with investigations of the case about one month after the operation.

“You have got item three which is SARS is assisting with investigations. This is a month, 5 weeks later after the operation.”

SARS involvement in the investigation was limited and not forthcoming in sharing information about the profile of the investigated container.

“But if I have to be honest, they are not very forthcoming in sharing intricacies of where the information came from, what led them to profile a certain container you know. So, we bring them on board as a formality, but I think their mandate is first and foremost Customs and Excise.”

SARS does not have a mandate for law enforcement further investigation in drug investigations and thus provides limited cooperation.

“So with regards to law enforcement further investigation interms of drug investigations, we do not have that much cooperation. Or maybe they are not in a position to assist with further investigation. It is not their mandate.”

The objective of involving SARS was to understand why SARS put a detention on the container, as it indicated a red flag and might assist the investigation.

“Yes, you know I think the objective was to try and find out why did SARS put a detention on this. Obviously there must have been something that was a red flag, maybe something other than the port of origin, maybe something that could assist us. So, it is done, I am covering my bases, they have put a detention notice on the said container, it would not hurt our courts to engage with them, let us put it that way Commissioner.”

SARS did not put a stop on the container because it needed to be inspected by the state vet, the detention notice was for reasons other than the state veterinary inspection.

“SARS did not put a stop on this because it needed to be inspected by the state vet. That was not the reason for a detention notice.”

Colonel Jacob had a long career in narcotics investigation with the South African Narcotics Enforcement Bureau (SANEB), from 2009 to 2018 and then again from 2020, attaining the rank of Colonel and appointed as unit commander by February 2022.

“I have been involved with SANEB which is the South African Narcotics Enforcement Bureau from technically 2009 to 2018 ... from 2020 you, at paragraph 8, you went back to SANEB and this time in a senior position and by February 2022 you were then promoted to the rank of Colonel and appointed as the unit commander”

Colonel Jacob personally investigated his first drug seizure at a depot on 22 June 2021, which was also his first hands-on investigative work at the Durban Harbour drug seizure site despite many years in SANEB.

“Personally, this was my first, the one on 22nd June, seizure that I have investigated personally. It was the first seizure at a depot ... this was the first one that I took on personally.”

Colonel Jacob coordinated drug operations, managed drug projects, dismantled clandestine laboratories, and was involved in several drug seizures at port and container ports, including the Durban container port.

“I have coordinated drug operations, managed drug projects, dismantled clandestine laboratories and been involved in several drug seizures at the port and container ports.”

Colonel Jacob acknowledges that although he was present at drug seizures at Durban Harbour from the inception, he was usually not the investigating officer.

“I have been present at seizures. I was not the investigating officer. I have been there since the inception ... but I had not been the investigating officer there.”

Colonel Jacob distinguishes his involvement in drug seizures at the port between being physically involved or overseeing operations and being the investigating officer.

“I was involved ... either as a commanding officer just overseeing operations or physically there assisting with whatever needed to be done, but this was the first one that I took hands-on to investigate where I was the investigating officer.”

Colonel Jacob affirms that as a police officer present at drug seizures he would have had an interest in the operations, not just visiting out of curiosity.

“Surely you were there as a police officer and surely you would have had an interest in what was going on.”

Colonel Jacob states he was asked to include specific details in his statement by the investigators via email correspondence.

“When drafting the statement, I was part of the email that was sent to me by the investigators.”

Colonel Jacob indicates that the distinction between being involved and being an investigating officer was made to show that the 22 June 2021 seizure was the first he handled hands-on from start to finish.

“Maybe I am trying to show the Commission that this was the first one I had handled hands-on from A to Z.”

The Commission has obtained a confidential document titled 'SAPS Operational Response Services Durban Harbour Standard Operating Procedure, Cargo Operations Sector 2021-2022' authorized by Brigadier Newton as part of its enquiry into criminality, political interference and corruption.

“I received from Brigadier MG Newton Section Head Visible Policing and Operations Durban Harbour Border Policing KwaZulu-Natal . And technically ... authorising the Commission of Enquiry into Criminality, Political Interference and Corruption in the justice system to utilise the content of the standard operational procedure for cargo control Durban Harbour in an open session.”

Colonel Jacob confirmed he has never seen or familiarized himself with the standard operating procedure documents CJC 255 and CJC 256 for Durban Harbour cargo operations, despite his involvement in drug seizures.

“I have not, Commissioner.”

The inspection report is dispatched from the admin profiler once the container has been booked for inspection at the licenced depots.

“The inspection report is dispatched from the admin profiler once the container has been booked for inspection at the licenced depots.”

A licenced depot is a depot that border police have jurisdiction over and which have agreements with shipping lines to take containers from ports to them.

“It is one of those depots that border police has - these depots have an agreement with shipping lines and after the containers arrive at our harbours, at our ports, they take them to these licenced depots that border police have jurisdiction over as well.”

Colonel Jacob did not previously know that CHC depot Isipingo Prospecton fell under the responsibility of ORS at Durban Harbour.

“I did not have that understanding.”

CHC depot was a licenced depot which falls under the responsibility of ORS services at Durban Harbour.

“They were a licenced depot . Yes . Because if you go to paragraph 4 under Mission , at paragraph 5 , and that will be at page 659 . No , 87 , I think . 688 to be more precise . Page 688 . My apologies , I just want to check , yes . ... CHC depot Isipingo Prospecton. Yes , I see it, Commissioner. So then you have always known that CHC depot Isipingo Prospecton is part of the licenced depot . It falls under the responsibility of the ORS services at the Durban Harbour.”

Harbour areas including licenced depots have controlled access with boom gates manned by security guards; Colonel Jacob describes this as a controlled but not highly secure environment.

“When you enter the harbour , are these areas not behind some level of security so that I cannot just wander in ? ... There is a boom gate manned by a security guard , Commissioner . ... It is not the most highly secure , yes , but it is controlled .”

Colonel Jacob only discovered that CHC depot is one of the licenced depots when Captain or Lieutenant Colonel Duma was giving his evidence in the Commission.

“I think when Captain or Lieutenant Colonel Duma was giving his evidence.”

Colonel Jacob was aware that licenced depots are contracted to shipping lines and border police has jurisdiction over them but could not name specific depots.

“Yes , I was aware that they are licenced depots . I could not name them , but I knew they were contracted to shipping lines and border police have jurisdiction over them.”

The operations to seize drugs at the depot occur in less-than-ideal security environments, according to Colonel Jacob's testimony.

“Your testimony to this Commission is that all that activity takes place in less-than-ideal security environments . Is that your testimony ? ... In some cases , yes , Commissioner .”

Drug busts and inspections at licenced depots occur sometimes and significant seizures have been made from these containers.

“Did you know or do you know that at these depots , that is where sometimes , depending , that these inspections are undertaken ? ... And that sometimes significant seizures are made from these containers ? ... Yes , I am aware , Commissioner .”

CHC container depot itself is not a fortified or heavily secured premises except for a boom gate manned by a security officer.

“If I speak specifically about CHC container depot , the depot in itself is not a fortified premises . It is not heavily secured , except for a boom gate and a security officer manning that boom gate . There is no additional security that I was aware of .”

Colonel Jacob states that with the right manpower and tactical team, conducting seizures at the depot would not be a risk, but on its own the location is vulnerable.

“I would say , with the right manpower , with the correct members , the tactical team , you have got enough support in terms of tactical members , then it would not be a risk . But on its own , to me it is a vulnerable location .”

Colonel Jacob decided not to stop all operations after discovering drugs at the depot on 22 June, citing logistical and space constraints and he viewed the depot as an innocent party, merely in possession of the suspect container and not an offense requiring lifting physical evidence from the depot itself.

“This is my first visit to CHC Container Depot. ... The container was removed from a stack ... The working space was not that conducive. ... I made a decision ... we did not have enough bags, the area is small. This is not an offence that required us uplifting physical evidence from the depot. ... the depot itself was not, I would not even say complicit, but they are just an innocent party, happened to be in possession of this suspect container at that point in time.”

Colonel Jacob considered the crime scene to be only the container, not the depot itself, and logistical challenges prevented moving or sealing up the container at the depot.

“My actual concern is the crime scene, which is the container. The depot plays no real role in anything. ... Do I seal up that container and take the whole container to another workspace? ... If this container was at the rear of a truck travelling on the N3 and we pulled over this truck, do I now say the side of the N3 is my crime scene ... My point being ... is the container. The depot plays no role ... I made a decision ... this is not an offence that required uplifting physical evidence from the depot.”

Colonel Jacob made a decision not to move exhibits from the crime scene to the CHC depot due to being a 5-minute drive away, no available exhibit bags, and the presence of uniformed border police members, although he now regrets that decision.

“I took that decision at that stage, based on no bags, based on our situation that we were working in... I knew in my mind, I knew that Isipingo SAP is going to have exhibit bags.”

The Chairperson challenges Colonel Jacob's stated reasons for not conducting a proper operation at the container location, suggesting the explanations are a post hoc rationalisation and not in his formal statement.

“You have given a number of reasons why you considered it not to conduct a proper operation for you to work where the container was... You give just one example, and which seems not to be that important to you because you mention it right at the tail end, but it is that one reason that you give in your statement.”

Colonel Jacob states he will rue the decision for the rest of his life and regrets having made it based on the factors he explained.

“It is a decision that I will now rue, I think, for the rest of my life. It is something that I will regret. I made that decision on the day based on the factors that I have just explained.”

Colonel Jacob responds that he had minutes to make a decision and many things running through his mind at the time of the operation.

“I have got minutes to make a decision... I had a lot of things running through my mind.”

Colonel Jacob acknowledges he knew ORS Durban Harbour worked at the CHC depot area but was unaware they had sole jurisdiction there at the time of the operation.

“I knew they worked there. I did not know they had sole jurisdiction that they were there.”

These members radioed their commander to inform him they were going to assist with conveying exhibits to Isipingo SAP.

“They radioed their commander to inform him that they were going to assist with regards to conveying exhibits to Isipingo SAP.”

Colonel Jacob called members present at the CHC depot to assist with moving the exhibits; these were 4 to 6 members, some who eventually drove the vehicle.

“I called the members that were there... there were about 4 or 5, maybe even 6, 4 to 6 of them that were at the depot.”

Colonel Jacob admits he did not call the ORS Durban Harbour commander before moving exhibits from the CHC depot, despite knowing the ORS Durban Harbour had jurisdiction there.

“You never called ORS commander. No, I did not.”

Colonel Jacob was officially on leave from 10 to 30 June 2021 but was called to attend the operation on 22 June 2021 after receiving information from Captain Duma and informing Mpangase, who was to brief Brigadier Nyuswa.

“I called Mpangase after the call from Captain Duma... He indicated that he would brief Brigadier, now you have clarified Nyuswa, accordingly. I asked him to inform the Brigadier that I was booking on duty to attend to the same...”

The SAPS system shows Colonel Jacob as officially on leave during the period 10 to 30 June 2021, not working as a policeman during that time though he booked on duty to attend the operation.

“You are not working as a policeman during that time? Yes, yes, Commissioner. That is correct... The system books you off. You are not there. How do you get to attend operations during that time?”

A policeman on leave is obligated to act if there is an incident such as a robbery occurring in front of them, but for non-urgent matters approval from the Commander is needed to resume duty or book on duty.

“a policeman, if there is an accident or some circumstance, like a robbery is committed in front of you or some offence, you are obligated to act ... in this instance, this is not something that is urgent or life-threatening. I would have needed my Commander to grant approval for me to resume duty or to book on duty”

Colonel Jacob requested Warrant Officer Mpangase to inform Brigadier Nyuswa that he would book on duty for 22nd to attend an operation, which is acceptable to be done verbally in SAPS and DPCI.

“you asked Warrant Officer Mpangase had to inform him that you are booking on duty... request on your behalf from Brigadier Nyuswa that you be back on duty for the 22nd to attend to this operation”

The booking on duty is recorded by the Commander and the subordinate also makes an entry; it does not necessarily appear in the investigation diary, but in the Commander's personal diary and HR records.

“Commander will make a pocket book diary entry to that effect ... subordinate would also make an entry ... so it does happen in exceptional circumstances”

Colonel Jacob did not request time off for that day nor file documentation with HR, only made a diary entry for his booking on duty because he was on leave and did not consider it necessary to formally file it.

“I did not request that time back ... No, I did not file it ... I just made a diary entry ... I did not want to take that time back ... It was not something that was a necessity for me”

Colonel Jacob loves his job and looks forward to working, giving him a thrill to do drug busts or operations; on the 22nd of March 2026 he came back from vacation leave but was still technically on vacation leave when called to assist on a drug operation on a Sunday.

“I love my job ... I look forward to working ... it gives me a thrill to do a drug bust or any operation ... on the 22nd of March this year ... had come back from a vacation in Margate and still on vacation leave ... one of my SANEB guys called me to assist to execute a search warrant ... he asked me to come through and assist ... so I went there”

Colonel Jacob took the opportunity to participate personally in the drug operation because it is not a common occurrence to inspect a container suspected of containing drugs.

“It is not every day that you get an opportunity to participate in an operation where you are inspecting a container that is suspected to contain drugs ... it was something that ... was worth going to work for to obviously check this information out”

At the time Colonel Jacob was informed that the quantity involved was 27 kilograms, which is not significant enough to warrant him breaking away from leave personally to attend; this could have been done by a junior officer.

“My difficulty ... if you look at your entry ... all you knew that it was 27 kilograms ... it was not something ... that you needed to break away from your leave and be the one who attends ... even a junior officer ... could have done that”

Colonel Jacob states they only became aware of the exact number of kilos when they were at Isipingo during a briefing with Captain Duma.

“We only became aware of the number ... at Isipingo and did a briefing ... with Captain Duma ... only then told us it was 27 kilos”

Captain Duma initially informed them at Isipingo that there were alleged to be 27 pieces of cocaine in a container, and information from CI indicated a container containing approximately 7 kilos of cocaine was kept there.

“We met with Captain Duma in the Isipingo area. He informed us that there were alleged to be 27 pieces of Cocaine in a container number ... ... entry is made by Warrant Officer Mpangase, he lists information received from CI was that a container containing plus minus 7 kilos of the drug Cocaine was kept at Isipingo ...”

Colonel Jacob had no idea of the quantity of drugs involved when he decided to book himself on duty for a potential drug bust at the Isipingo Prospecton warehouse while on vacation leave.

“at that stage when Captain Duma had called, he reminded me that, your member I told you there is something coming on a container? It is at Isipingo, I think he did tell me. But he did not give me quantity. And I told him I am on vacation leave. He did not have to insist that much. I was wanting to go, honestly.”

Colonel Jacob admitted that when he booked himself on duty it was because it was a drug bust involving a container, without knowing the size or quantity, and that it was more satisfying to be involved in such an operation.

“No, I did not have any idea. Yes, and more especially a container was involved, Commissioner... It is more satisfying when you see I am being involved in an operation of this nature.”

Colonel Jacob stated that it is rare to get container inspection or information pertaining to a container, such events are not everyday occurrences, and that between 2020 and 2022 they had more such events than before or after that period.

“You do not get a container inspection or information pertaining to a container every day. It is something that rarely happens. I know 2020, between 2020 and 2022, we had a lot of those, but prior to that, and even subsequent after that, these are very few and far between. It is not every day that you get one of these busts.”

Colonel Jacob explained that Colonel Duma was no longer in an operational role but acting as Unit Commander in contract, and therefore operational matters were handled by the Brigadier instead.

“Colonel Duma had come back on a contract to work within the SAPS. It is those members that went off at 60 and there was an opportunity to come back on a contract. And the Colonel was not very much au fait with operational matters or anything of that nature. It is by virtue of her rank and seniority that she was Acting Unit Commander. And at that stage, they were rotating maybe on a two-week basis, I cannot recall. But there was not somebody placed there permanently or for a longer duration that now you could engage with and keep them posted on your developments.”

Colonel Jacob did not speak directly to his immediate commander Colonel Nyuswa to report back on duty; instead, he sent Warrant Officer Mpangase to do so, which he admits was an error.

“I have got no valid reason for not doing so. It was an error on my part.”

Colonel Jacob admits he should have called Nyuswa himself when he decided that the person to speak to was Nyuswa, not Captain Duma.

“I have got no response to that, Commissioner. I should have.”

The Chairperson states that returning from leave requires reporting and that not reporting is basically administrative negligence, not operational.

“You are on leave, and all that you needed to do was to report that I am coming back. I am no longer going to be on leave just for this limited period. I see nothing operational in that. That is admin. That is pure, pure admin.”

The Chairperson rejects Colonel Jacob's reason that his immediate commander was not involved in operational matters as an excuse for not reporting he was coming back from leave.

“On the reason that you give about your immediate Commander, which is that she was not involved in operational matters, I will not accept that at face value.”

Colonel Jacob admits he did not respond to the question by Commissioner Baloyi about why he did not call Nyuswa himself.

“Yes , Chair. I should have. It was an error on my part. I should have.”

Colonel Jacob and Warrant Officer Mpangase were aware of the potential operation and decided to attend the scene.

“So now we know that you and Warrant Officer Mpangase are now aware of this potential operation , and you decide to attend to the scene .”

Colonel Jacob states that his duty or operation would have commenced once he was fetched by his members to go to the depot for follow-up.

“For me , I would say once I was fetched by my members , it would have commenced for me . That is when my duty would have commenced .”

Colonel Jacob agrees with Advocate Sello's proposition that the operation starts when a decision is made to follow up on the information received, not when they arrive at the depot.

“No , I agree with you .”

Colonel Jacob confirms he decided the team to carry out the operation.

“In this instance , it was myself .”

Colonel Jacob confirms that he was the most senior officer in charge of this operation at the relevant time.

“That is correct , Commissioner.”

Colonel Jacob states the decision to involve Warrant Officer Mpangase was already made by Captain Duma but he had the power to override it.

“That decision was made already by Captain Duma . If I wanted to , yes , there would have been .”

Colonel Jacob chose Warrant Officer Sibiya to be next member of the team.

“It was at that stage Warrant Officer Sibiya .”

Colonel Jacob chose Warrant Officer Sibiya as his personal choice, not because of Captain Duma.

“That was my choice , Commissioner .”

Colonel Jacob selected Warrant Officer Sibiya for the team based on familiarity and good understanding from prior work, not because of drug bust expertise.

“He is competent enough , although he was not a fundi in drug cases , he is a Detective .”

Colonel Jacob clarifies the operation at the depot was purely a DPCI operation involving Crime Intelligence and not a joint operation with SARS.

“No , not at all at that stage , Commissioner. No . ... Yes . No , it was not .”

Border Police assistance was requested to help convey exhibits of drugs to the police station, and eventually they became part of the operation after this request.

“I just wanted to describe how did the Border Police come about to assist or to convey exhibits of these drugs to the police station. And it was upon my request. Eventually they were part of it , after me requesting assistance.”

The Border Police officers were not present when the actual container was placed and the lock was cut open; their interest was only piqued after discovering 27 bags at the warehouse.

“they were not present when the actual container was placed, when the photos were taken of it, the lock being cut open, according to my memory of that day, they were not present for that. It is only after us discovering these 27 bags that it piqued interest around the warehouse”

Colonel Jacob admits that the first statement he made, which was unsigned, included an error stating that Sergeants Mkhize and P Govender from ORS witnessed the breaking of the seal, while they did not.

“I did erroneously, I would think, Commissioner... When I looked at the statements preparing for the Commission, I saw that the Border Police guys did not, in their statement, state that they saw the breaking of the seal... So this is not correct, Commissioner.”

Ntuthuko Khuwayo was not a Customs official but a liaison person for CHC dealing with Customs issues; the witness mistakenly thought he was Customs initially.

“Ntuthuko Khuwayo was the Customs liaison guy for CHC... I think subsequently it turns out that he was somebody attached to the depot whose job was to engage with Customs... for now that is what is coming to my mind, that when I said Customs, I think at a later stage we realised, no, this guy is not really Customs”

The investigation diary entry by Warrant Officer Mpangase stating the seal was broken in the presence of Customs official Ntuthuko Khuwayo is wholly misleading as there was no such Customs official present.

“Warrant Officer Mpangase's entry in the investigation diary that the seal was broken in the presence of, interalia, Customs official Ntuthuko Khuwayo is wholly misleading. There was no such Customs official”