Hearing day 114

Lieutenant Colonel Kwazikwakhe Goodenough Sibiya is a member of the South African Police Service attached to the Directorate for Priority Crime Investigation, Serious Organized Crime Unit SANEB in Durban.

“I am a Lieutenant Colonel in the South African Police Service with PERSAL number 70533318 ... I am attached to the Directorate for Priority Crime Investigation, Serious Organized Crime, Unit SANEB in Durban.”

Lieutenant Colonel Sibiya began his police career in 2005, progressively promoted through ranks up to Lieutenant Colonel by December 1, 2024.

“In 2005, I began my career with the police as a Student Constable. I was appointed as a Constable in 2007... Most recently, December 1, 2024, I was promoted to a Lieutenant Colonel at DPCI, SOCI.”

In 2020, Lieutenant Colonel Sibiya and Lieutenant Colonel Moodley were temporarily transferred from Financial Investigation to Organized Crime as a duty arrangement by Provincial Management including General Senona, Brigadier Nyuswa and Colonel Singh.

“In 2020, both Lieutenant Colonel Moodley and I temporarily transferred from Financial Investigation to Organized Crime as part of a duty arrangement done by Provincial Management ... Provincial Management, it was General Senona, Brigadier Nyuswa, and Colonel Singh.”

Lieutenant-Colonel Sibiya denies all allegations against him related to the events of 22 June 2021, stating his involvement was limited to what he was requested and instructed to do.

“I deny the allegation level against me. This affidavit demonstrate that my involvement in the event of 22 June 021 was limited and restricted to what I was requested and instructed to do. Any allegation contained in this notice, its attachments that is not specifically addressed and admitted herein must be taken as denied.”

Lieutenant Colonel Sibiya denies the allegation concerning his involvement in a drugs seizure that occurred on 22 June 2021 at CHC Depot in Isipingo.

“I deny the allegation levelled against me. The affidavit will demonstrate that my involvement in the event of 2022, January 2021 ...”

On 22 June 2021, Warrant Officer Mpangase requested Lieutenant-Colonel Sibiya to assist him in following up information concerning a possible drug bust.

“On the 22nd June 021, Warrant Officer Mpangase requested me to assist him and Lieutenant-Colonel Jacob to follow up upon information concerning a possible drug bust.”

Lieutenant-Colonel Sibiya was not promoted into Organized Crime by June 2021; promotion occurred on 1 September 2021.

“No, not yet. I was not promoted at that point in time. I was only promoted on the 1st of September 2021.”

In June 2021 Lieutenant-Colonel Sibiya was still under temporary transfer rather than fully promoted.

“So, in June you are still under that temporary transfer? Yes.”

In June 2021 Lieutenant-Colonel Sibiya was attached to the DPCI unit focusing on economic protected resources and was not specialized or primarily functioning in large-scale drug investigations.

“At the time, I was attached to DPCI unit focused on economic protected resources. Large-scale drug investigation were not my area of specialization or primary function.”

Organized crime has three components: SANEB, EP, and NPVC according to Lieutenant-Colonel Sibiya.

“Organized crime has got three components. It is SANEB, EP and NPVC.”

Narcotics investigations were outside Lieutenant-Colonel Sibiya's duties at that time.

“And in terms of Narcotics, would that have been outside your duties? Yes. Yes.”

At the time, Lieutenant-Colonel Sibiya's duties as an Investigator at Economic Protected Resources included investigating human trafficking, kidnappings, non-ferrous metal theft, copper theft, and fuel theft, but not narcotics.

“My duties, I was an Investigator at Economic Protected Resources, which deals with human trafficking, kidnappings, non-ferrous metal, theft of copper, theft of fuel. So, those were the things that I was investigating at the time.”

Prior to the attached period, Lieutenant-Colonel Sibiya was involved in some narcotics operations.

“Prior to that, had you been involved in things relating to narcotics or operations relating to narcotics? Yes, I was involved in some operations involved in narcotics.”

Inside the container, black canvas bags with tape near the door and white sacks on top were discovered, filled with bricks of suspected cocaine wrapped in black and yellow tape, totaling approximately 541 bricks weighing about 1 kilogram each.

“When the doors were opened, we noticed inside the container black canvas bags with tape placed next to the door and some on top of the white sacks. When these bags were inspected inside them, we were all shocked and surprised by the quantity of drugs found. They contained bricks of suspected Cocaine wrapped in black and yellow tape, some written Jaguar and Tik Tok packages with approximately 1 kilogram per brick. The total number of the bricks from the 27 bags was 541 bricks suspected Cocaine.”

On 22 June 2021, Lieutenant-Colonel Jacob, Warrant Officer Mpangase, Captain Duma and Lieutenant-Colonel Sibiya met an African male introduced by Captain Duma from Crime Intelligence Unit, who provided information about 27 bricks of pure cocaine stored inside a container at CHC Depot 14th Avenue East in Prospecton.

“We met an African male who was introduced by Lieutenant Colonel Jacoba as Captain Duma from Crime Intelligence Unit. Captain Duma addressed us. Lieutenant Colonel Jacoba and Warrant Officer Mpangase and indicated that he has information from an informer about 27 bricks of pure Cocaines stored inside the container at CHC Depot at 14th Avenue East in Prospecton.”

The container with serial number BEAU5955535 was inspected by Lieutenant-Colonel Jacobs and others; the seal was intact but broken by an employee of the depot in the presence of management, DPCI members, Captain Duma of CIORS, and depot security members.

“The container with serial number BEAU5955535 was placed down for inspection and the shipping document were handed over to Lieutenant Colonel Jacobs. The doors of the container were inspected by Lieutenant Colonel Jacobs. The seal was intact with seal number, that. The seal was broken by an employee of the depot in the presence of the management of the depot, DPCI members, Captain Duma of CIORS members and depot security members.”

Lieutenant-Colonel Jacobi instructed members to proceed to Isipingo SAPS and requested members from ORS Durban Harbour for assistance.

“Lieutenant Colonel Jacobi informed us that we should proceed to Isipingo SAPS. He requested members from ORS Durban Harbour to assist.”

At Isipingo SAPS there was a shortage of forensic exhibit bags to properly store the drugs, leading to a request for exhibit bags from the charge office, which also did not have them.

“Warrant Officer Mpangase requested for the exhibit bag from Warrant Officer Perumal. However, Perumal indicated that he did not have any forensic bags. Warrant Officer Mpangase requested that I must go and request for the bags at the charge office. I went to request for the bags at the charge office. Members indicated that they do not have forensic bags.”

Approximately 541 bricks of suspected cocaine were counted and booked out as exhibits at Isipingo SAPS by Warrant Officer Mpangase.

“The total number of the bricks from the 27 bags was 541 bricks suspected Cocaine. All the exhibits were entered in the Isipingo SAP 13373/2021 by Warrant Officer Mpangase and booked them out.”

Lieutenant-Colonel Jacobs informed Brigadier Nyuswa about the unavailability of storage space at Isipingo SAPS, and the exhibit was to be kept at Port Shepstone Organized Crime Unit walk-in safe.

“Lieutenant Colonel Jacobs indicated that he has informed Brigadier Nyuswa about the issue of unavailability of storage at Isipingo SAPS. After some time, Lieutenant Jacob informed us that the exhibit will be kept at Port Shepstone Organized Crime Unit walk-in safe.”

The exhibits were transported from Isipingo SAPS to Port Shepstone Organized Crime Unit walk-in safe and handed over to General Senona and Brigadier Nyuswa, acting Unit Commander of Port Shepstone.

“On arrival at Port Shepstone Organized Crime we met General Senona, Brigadier Nyuswa, the acting Unit Commander of Port Shepstone and other members. We offloaded the exhibit from the two vehicles and placed them inside the walk-in safe. The acting Unit Commander locked the safe, handed over the keys to Warrant Officer Mpangase who checked the safe door and took the keys. He handed the keys to General Senona at the main entrance.”

On 23 June 2021, Lieutenant-Colonel Sibiya was informed by Warrant Officer Mpangase that they needed to go to Port Shepstone to place the exhibit inside forensic bags and collect keys from provincial office due to no parking at the site.

“On the 23rd June 2021 in the morning, I was informed by Warrant Officer Mpangase that we needed to go to Port Shepstone to place the exhibit inside the forensic bags. We then went to provincial office to collect the keys. We remained in the vehicles since there was no parking and Warrant Officer Mpangase picked up the keys.”

Warrant Officer Mpangase collected keys from the safe and took samples from exhibits at Port Shepstone DPCI, and these were entered and booked out in the SAPS records.

“The safe was opened by Warrant Officer Mpangase in their presence and he took the sample from the exhibits and we went to Port Shepstone SAPS with Warrant Officer Mkhomo from Port Shepstone Organized Crime SOCI and the exhibit were entered in the Port Shepstone SAPS 138H9/2021 by Warrant Officer Mpangase and he also booked them out.”

Warrant Officer Mpangase handed over five samples and an enquiry file to the speaker to hand over to Lieutenant Colonel Jacob the following day.

“Warrant Officer handed over to me five samples and an enquiry file to hand it over to Lieutenant Colonel Jacob on the following day.”

On 1 July 2021, Lieutenant Colonel Jacob requested the speaker to accompany him and Warrant Officer Mpangase to CHC Depot to unpack a container with 5395 50kg bags of animal feed according to the packing list.

“On the 1st July 2021 I was requested by Lieutenant Colonel Jacob to go with him and Warrant Officer Mpangase to CHC Depot do an unpack on the container. We proceeded there. We conducted a count of a total of 5395 bags of 50 kg bags of the animal feed. This corresponded with the packing list.”

The speaker denies failing to cordon off the crime scene, stating that Warrant Officer Mpangase received the initial information and Lieutenant Colonel Jacob assumed command, so establishing the cordon was their responsibility, not the speaker's.

“I deny that I failed to cordon off the crime scene. Paragraph 11(3)(a) of National Instruction 1/2015, this is a duty to secure and protect the crime scene by establishing an inner and outer cordon falls squarely on the first responder. As stated above, I was not the first responder. Warrant Officer Mpangase received the initial information and Lieutenant Colonel Jacob as the senior officer assumed command. The responsibility to make the initial scene safe and to establish a cordoning thereof, rested with them and subsequently with Lieutenant Colonel Jacob as the crime scene commander. I was acting under their command and was never instructed to perform this function, nor would it have been within my mandate to do so without such instruction.”

The speaker denies failing to ensure exhibits were properly sealed and labelled, citing that this duty rests primarily with the crime scene supervisor from the Local Criminal Record Centre (LCRC) and that the scenes were not processed at the depot due to an unusual risk assessed by Lieutenant General Jacob.

“I dare that I failed to ensure that the exhibits were sealed and labelled. Paragraph 14(3)(c)(iv) of the National Instruction 1/2015 stipulates that the crime scene supervisor from the Local Criminal Record Centre , LCRC, is responsible for ensuring that all the evidence collected is locked and handled correctly including being sealed at the crime scene where practically possible. Furthermore, SAPS National Instruction 8/2017: Property and Exhibit Management National Instruction, 8/2017 , at paragraph 14(8)(vii) and (ix) requires that drugs be sealed in forensic evidence collection bags and that this must be done in the presence of the suspect. The decision not to process the scene at the CHC Depot and consequently not to call the LCC was taken by the crime scene Commander , Lieutenant General Jacob due to the circumstances defined above on the unusual scene at the depot and the risk thereof.”

The speaker denies failing to transfer exhibits to the Forensic Laboratory (FSL), stating his involvement was limited to being present at discovery and that the responsibility for submission lies clearly with the investigating officer.

“I deny this allegation. My involvement with the exhibit non-existent beyond being present at their discovery. The responsibility for the submission of the exhibit to the FSL is clearly delineated in the National Instruction.”

The speaker denies failing to call the Local Criminal Records Centre (LCRC), stating that as a subordinate officer acting under the command of Lieutenant General Jacob, he had no authority to make such a call.

“I deny that I failed to call the LCRC. Paragraph 13(2)(f) of National Instruction 1/2015 is unequivocal. The crime scene Commander must take immediate responsibility in requesting that the Crime Scene Examiner from the LCRC attend the crime scene for processing. I was a subordinate officer acting under his command and had no authority to make such a call.”

The speaker states that the duty to ensure submission of exhibits to the FSL within 7 working days lies with the investigating officer and the station and detective commander, roles the speaker did not hold.

“Paragraph 20.4.2.15(3)(f) of the National Instruction 8/2017 places the duty on the investigating officer who must ensure submission within 7 working days. Paragraph 0.4.3. Similarly, paragraph 8.3 of the National Instruction 8/2017 places the responsibility on the Station Commander, SAP 13 official and the Detective Commander. I held none of the designated roles.”

The speaker confirms his presence at the scene with Lieutenant Colonel Jacob and Warrant Officer Mpangase, asserting his actions were consistent with a subordinate officer providing support, denying involvement in any theft of the exhibits, and noting he was attending training at SAPS Paarl Academy during the incident.

“I can confirm that I was present on this scene and give the overwhelming and significant scope of the seizure and the complexity in circumstances at the CHC Depot. My actions were limited, transparent, consistent with the duties of the subordinate officer , mainly providing support and manpower. There is no actual basis to suggest I was a party to the design or coincided that Major General Flynn alleges. I wish to inform the Commission of my strong commitment to policy . Having served diligently in the force for the past two decades with pride , I categorically state that I was not involved in the theft of this exhibit. Additionally , at the time of the incident , I was attending training at SAPS Paarl Academy in Western Cape. The course commenced on the 17th October 2021 to the 3rd December . During this duration of training , I only travelled once to Durban, KZN on the 29th October 2021 till the 2nd November 2021.”

The speaker denies participating in any scheme to store exhibits in unsafe storage and make them vulnerable to theft, asserting he was following lawful instructions and that decisions creating vulnerability were made by senior management, not by him.

“I deny this serious allegation in the strongest possible term. I was not part of any scheme , nor did I engage in any process designed to make the exhibit vulnerable to the theft. My conduct was at all times bona fide authentic. I was following the lawful instruction of a senior. The decision which Major General Flynn retrospectively identified as created vulnerability were not my decision. These include the decision not to process the crime at the depot , the decision not to call the LCRC , the decision not to store the exhibit at the police station of jurisdiction , namely Isipingo , and the decision to transport the exhibit to the DPCI premises in Port Shepstone was the senior management decision.”

The speaker experienced difficulties in the Financial Investigation unit, including severe headaches from long hours on the computer and requested help from Colonel Moodley, who advised him to get spectacles.

“When I spent long hours in the computer, I would have severe headache. I made a request to Colonel Moodley, who was still the Commander there. He also advised that I should try and get spectacles, maybe they might assist me, of which I did, but still I could not get assisted because every evening when I spent considerable amount of time in the computer ,”

Lieutenant Colonel Sibiya and Colonel Moodley were temporarily transferred to Organized Crime in 2020, with Moodley going to SANEB section and Sibiya to EPR section.

“In 2020, we were called by Colonel Singh...myself and Colonel Moodley, we are transferred to Organized Crime at number 136, but Colonel Moodley will go to SANEB section, then I will go to EPR.”

The temporary duty arrangement to Organized Crime did not have a specified duration and could be ended when management called them back.

“We were not given a specific time as to how long is the duration that we will be there. A duty arrangement, normally they do not give you a duration. They will call you when they want you back.”

Lieutenant Colonel Sibiya's temporary assignment lasted from 2020 until his promotion in September 2021, after which he took up a position at Organized Crime in SANEB section.

“For me, I think it was when I was told up until I was promoted. When I was promoted, then I had to take up my post at Organized Crime, but only at a different section, not EPR, at SANEB section.”

During his temporary placement, Lieutenant Colonel Sibiya was stationed at Economic Protected Resources within the Organized Crime office.

“Before you were promoted to SANEB, where were you in that period when you were in temporary placement? ... Economic Protected Resources. ... in the same office at Organized Crime.”

Lieutenant Colonel Sibiya was promoted to SANEB in September 2021.

“I was promoted to SANEB in September, stof September I was promoted to SANEB, 2021.”

Lt-Col Sibiya presented five sample exhibits to Warrant Officer Mpangase in Durban between June 24 and before July 1, 2021, who then handed them to Colonel Jacob the following day at the office.

“The five samples were with the investigating officer, Warrant Officer Mpangase. In Durban. ... He says to me tomorrow he will not be in the office in the morning, so he wants me to hand over these five samples and enquiry to Colonel Jacob. Then I took possession of the sample and enquiry, put them in my steel cabinet. The following day ... Colonel Jacob was present. Then the following day I handed over the enquiry and the samples.”

Lieutenant Colonel Sibiya's involvement with certain exhibits was limited to being present at their discovery on June 22, 2021, but he later handled the exhibits on June 22, 23, and 24, 2021.

“My involvement with the exhibits was non-existent beyond being present at their discovery. ... I also handled the exhibit on the 23rd and the 24th. So I think maybe we need to amend that to say the exhibit, I handled them on the 22nd, the 23rd and the 24th.”

Lt-Col Sibiya states that Warrant Officer Mpangase and Colonel Jacob did not act according to the National Instruction in relation to the scene investigated.

“They were not according to the National Instruction.”

Lt-Col Sibiya says he was following instructions given by seniors, which were lawful at the time, even though certain decisions such as not calling LCRC were questionable.

“I am talking about the decision or the instruction that were given to me. Everything I did was as per instruction. ... At that point in time, Chair, they were lawful to me, at that point in time.”

Lieutenant Colonel Sibiya states that his involvement in the investigation was minimal as he mainly assisted two seasoned SANEB investigators who handled everything.

“It was very minimal, because I had two seasoned SANEB investigators who were handling everything. So for me it was just to follow orders and assist in terms of whatever request they are making for me to assist them.”

Lieutenant Colonel Sibiya does not consider the instructions and decisions made by Colonel Jacob and Warrant Officer Mpangase as lawful.

“would you say that those decisions that were taken and the instructions were lawful, that were done by Colonel Jacob and Warrant Officer Mpangase ? No”

Lieutenant Colonel Sibiya acknowledges that he was asked to handle important tasks such as sampling and handling exhibits alongside Warrant Officer Mpangase.

“you accept that you were tasked at various instances. You went with Warrant Officer Mpangase for sampling and you were handling the exhibits. Yes.”

Lieutenant Colonel Sibiya accepts he was third in line of involvement after Captain Duma and Colonel Jacob, and below Warrant Officer Mpangase in the investigation tasks before 1st July.

“Of all the individuals that were involved in the scene and subsequently up to the 1st of July, in terms of the tasks, you were the third in line... Captain Duma... Jacob who was in charge... Warrant Officer Mpangase... and then yourself... Yes, you can say I was the third one...”

Lieutenant Colonel Sibiya states that if he is available to assist, he normally helps everyone in the office who requests help, but the responsibility lies with the investigating officer.

“If you are requested to assist and you are available to assist, I normally assist everyone in the office who request assistance. So I do not see anything wrong by assisting. But the person who is responsible is the investigating officer who is responsible for everything.”

Lieutenant Colonel Sibiya had subordinate relationship with Colonel Jacob and was just a colleague to Warrant Officer Mpangase.

“Subordinate relationship... No social relationship... Just a colleague”

Lieutenant Colonel Sibiya has conducted several operations with Colonel Jacob as the team leader, mostly operations involving search warrants but no prior drug seizures before June 2021.

“With Colonel Jacob I had conducted operations with. Quite several because he was my team leader... we have executed some search warrants at the premises in Phoenix... no drug seizure... this was my first drug seizure...”

Lieutenant Colonel Sibiya states that the first drug seizure he was involved in was at the CHC depot.

“It was my first drug seizure. It was my first time even entering the depot.”

Lieutenant Colonel Sibiya admits that on 2 June 2021 he was aware of the National Instructions applicable to drug seizures but the handling of the suspected cocaine did not comply with those instructions.

“As at 2 June 2021, you were already aware of those prescripts... Would you say what was done that day in terms of handling the suspected Cocaine itself complied with the prescripts that you were aware of at the time? No.”

Lieutenant Colonel Sibiya believes that the responsibility for the crime scene lies with the crime scene manager and the investigating officer, not himself.

“If the crime scene manager is there and an investigating officer, the responsibility lies with them.”

Lieutenant Colonel Sibiya admits that he participated in handling the bags of suspected cocaine at variance with the prescripts he was aware of, including loading them onto the ORS vehicle, driving following the vehicle, and assisting with offloading and counting the bags at Isipingo Police Station.

“Did you not handle the bags, for example? Yes, I did. You handled the bags. Yes. And even after the loading, you loaded them onto the ORS vehicle, did you not? I did. And you drove following the ORS vehicle? Yes, I did. And on arrival at the Isipingo Police Station, you also assisted with the offloading of the bags? Yes, I did, Chair. You also assisted with the counting of the bags? Yes. Correct? Correct, Chair. All of this being done at variance with or not in accordance with the prescripts of which you were aware?”

Lieutenant Colonel Sibiya initially says he did not see that the prescribed procedures were being flouted at the time of the container inspection.

“At the point in time, Chair, when this thing was happening, I did not see that the prescripts are being, they are not being followed.”

Lieutenant Colonel Sibiya states that in the police they work with instructions and command.

“My response to you, Chair, in the police we work with the instructions and command.”

Lieutenant Colonel Sibiya acknowledges knowing the importance of calling the LCRC at the crime scene to allow proper collection of DNA, fingerprints and photographs according to expertise standards.

“I know. ... You are correct, Chair.”

Lieutenant Colonel Sibiya initially denies being aware that the LCRC had to be called and that this prescript was being flouted but later accepts with experience he can say they were flouted.

“I do not agree, Chair... Now, with the experience that I have now, I can say, yes, they were flouted.”

Lieutenant Colonel Sibiya admits that the LCRC was not called as required and he had been instructed to take photos himself instead.

“I was instructed to take photos, Chair.”

Lieutenant Colonel Sibiya states the crime scene commander can make operational decisions and flout prescripts if he can explain why.

“Operationally, the Commander can make an operational decision and flout the prescript.”

Lieutenant Colonel Sibiya states he was not given any explanation regarding the decision to not call the LCRC.

“No, I was not given any instruction as to.”

Lieutenant Colonel Sibiya suggests he cannot categorically say the prescripts were not flouted as he does not know what informed the decisions made operationally by the Commander.

“Can you say they were not flouted, because you do not know what informed the decision or decisions that were taken.”

Lieutenant Colonel Sibiya confirms with hindsight that the prescripts were flouted, but at the time of the operation (22 June) he did not see anything wrong with Colonel Jacobs' decision.

“Now, with the experience that I have now, I can say, yes, they were flouted. But then when this thing was happening on the 22nd, I did not see anything wrong with the decision that was made by Colonel Jacobs.”

Lieutenant Colonel Sibiya states that protective clothing such as gloves was used when handling the bags, implying that DNA and fingerprint evidence was not corrupted by their handling.

“We were using protective clothing, gloves, Chair.”

Lieutenant Colonel Sibiya admits that had protective measures not been used, DNA and fingerprint evidence would have been corrupted by their handling, which he accepts.

“Okay, so you are saying you did not corrupt DNA, you did not corrupt fingerprint in your handling of these. It seems to me you would have, necessarily, you would have. You accept that you would have done that? Yes.”

Lieutenant Colonel Sibiya confirms it was his first container inspection, and he was asked by Mpangase to assist following a possible drug bust, though he found this curious.

“It was my first container inspection ... When you were suddenly asked by Mpangase to come and assist to follow up in a possible drug bust.”

Lieutenant Colonel Sibiya states he did not know anything about the drug bust before being asked to assist.

“I did not, Chair.”

On the day of transporting exhibits from Isipingo to Port Shepstone, members from NPVC were used, and the following day SANEB members took the lead in bagging exhibits, indicating inter-section assistance happens.

“...on the very same day when we were transporting exhibit from Isipingo to Port Shepstone, we used members from NPVC. The following day when we were going to bag exhibit, members from SANEB were utilised ...”

Colonel Jacob and Warrant Officer Mpangase were from SANEB and took the lead during the evidence collection at the crime scene and depot, while LT-Col Sibiya did not make notes as he trusted the investigating officers.

“...Colonel Jacob and Warrant Officer Mpangase, they were from SANEB, so they had to take the lead. For me, I did not even make notes, because I knew that the investigating officer and the crime scene manager, they are there...”

LT-Col Sibiya was asked to take photos at a drug bust despite not having expertise or prior experience at depots or crime scene management.

“...you are the person who was asked with taking the photos at a drug bust, and you have no experience clearly in doing that...”

Colonel Jacob also took photos at the drug bust but it was his first time at a depot, which LT-Col Sibiya was not aware of.

“Colonel Jacob was also taking photos ... It was also his first time at a depot, by the way. ... I did not know that, Chair.”

ADV Khumalo SC suggests senior colleagues deliberately chose an inexperienced person to handle photos so there would be no questioning of them, implying improper conduct by Colonel Jacobs.

“...the impression I get ... is that they deliberately chose somebody who is clueless... so that you would not question them even when they are doing something improper.”

LT-Col Sibiya explained that in their office, when information comes in, the person from the relevant section takes lead while others provide backup and assistance, regardless of rank.

“...when the information comes in and there is a person from that section you assist. When you are at the crime scene, they will provide guidance regardless of rank... the people from that section will take the lead but the other member will provide backup and assistance...”

LT-Col Sibiya carries a pocket book but does not take investigative notes because those notes are normally taken by the investigating officer to collect contact numbers and identify statements at the crime scene.

“...I do carry a pocket book, but the notes that I was referring to are the ones that are normally taken by the investigating officer... those are the kind of notes I am talking about.”

LT-Col Sibiya accepted that he did not know if this deliberate choice was the motive but he trusted the experienced people to know what to do at the crime scene.

“...I trust that they are there as experienced people, they will know what to do...”

LT-Col Sibiya agreed that because of lack of knowledge about handling drug busts and usage of photos are involved, he would not question the actions of senior colleagues.

“...if they were doing something wrong, you would not be able to question them, because you also did not know how a drug bust gets handled...”

LT-Col Sibiya's pocket book records his activities such as attending the CHC Depot and picking up Colonel Jacob, then moving to Port Shepstone to store exhibits and reporting off duty.

“The activities that you have done ... attended at CHC Depot ... picked up Colonel Jacob ... then moved to Port Shepstone to store exhibits ... then I report off duty.”

ADV Sikhakhane suggests LT-Col Sibiya was put in a situation deliberately so he was unable to question Colonel Jacobs when handling the samples.

“...with hindsight, do you not think that you were being put into a situation deliberately so that you are unable to question ... Colonel Jacobs?”

ADV Sikhakhane highlights that LT-Col Sibiya did not know the prescripts or rules regarding sampling, valuing, destruction, and grading of exhibits during drug busts.

“What seems to be the case ... is that you did not know the prescripts at the time ... you would not know anything about sampling equally ... you would not know anything about valuing, destruction and the types or grades of the exhibits.”

LT-Col Sibiya confirms that Warrant Officer Mpangase requested assistance from him because he was in possession of the state car during the drug bust operation.

“Initially, Warrant Officer Mpangase acted as if, because I was in possession of the state car, so he requires my assistance.”

Lieutenant Colonel Sibiya states that Colonel Jacob did not brief them on their individual tasks but only informed that they were going to meet Captain Duma, who had important information.

“he only told us that we are going to meet Duma, he is got very good information that we need to act upon, but we will hear from Duma when he briefs us”

Warrant Officer Mpangase told LT-Col Sibiya that Colonel Jacob was off duty but will report on duty for them to pick him up.

“...Mpangase told me that no, Colonel Jacob will report on duty, that is why we are going to pick him up.”

Lieutenant Colonel Sibiya explains that Colonel Jacob jumped out of the car before he parked and then called him to come and meet Captain Duma, who started briefing them.

“Then after parking and then Colonel Jacob called me. Then I went to them. Then he introduced me to Duma. He said this is Captain Duma from Crime Intelligence, he is the one with information. Then Captain Duma started briefing us.”

Lieutenant Colonel Sibiya clarifies that he was driving when Colonel Jacob exited the car and that the Colonel went towards Captain Duma's car for the briefing.

“We came around the parking, I stopped, he said stop, he jumped out of the car, I came in the other side of the parking, I parked, then he called me.”

Lieutenant Colonel Sibiya denies that there was any discussion between Captain Duma and Colonel Jacob in his absence before the briefing.

“No, I do not think there was a discussion.”

Lieutenant Colonel Sibiya states there was only one security officer at the boom gate of the CHC depot and he did not see any firearms on the security officers present.

“Yes, the security guy at the boom gate next to the main road. Just one security guy at the boom gate. No, I did not see firearms. I do not remember if the security at the gate was armed.”

Lieutenant Colonel Sibiya says it was the first time he had been to the CHC depot and they followed Captain Duma who said he had been to the depot for inspection of the container.

“Yes, it was the first time being there. Captain Duma just told us that he has been to the depot, so we will follow him to the depot for inspection of the container.”

Lieutenant Colonel Sibiya says that when they arrived at the CHC depot, Colonel Jacob jumped out of the car with Captain Duma and went to the offices of the depot managers, leaving others behind at the cars.

“There was some area where we parked. Then Colonel Jacob jumped out of the car with Captain Duma. When the vehicles were parked, Captain Duma and Colonel Jacob went to the offices of the depot managers. We remained next to the cars there.”

Lieutenant Colonel Sibiya states that after the meeting with the depot managers, they were accompanied by a lady who introduced herself as Mrs Pillay and showed them the container which was stacked with other containers on top and had container numbers to distinguish it.

“They came back with a lady, I think. She introduced herself as Mrs Pillay and other people that were accompanying them. And then she pointed at the container that we were interested in, but the container was stacked with other containers on top. They have got the container numbers, so that they used to distinguish which container is this.”

Colonel Jacobs initially said the container could have been moved to another spot in the depot for proper search without impediments, but LT-COLSIBIYA later questioned the availability of such space.

“Colonel Jacobs said ... the container could be moved to another spot within the depot ... But you say it could not”

The container to be inspected had to be brought down from the stack for inspection, but space limitations existed within the depot due to stacked containers potentially more than 6 meters high, making movement and inspection difficult.

“for the container to be inspected, we have to bring it down from the stack and then open it, inspect it ... the space was not there ... the containers are stacked to maybe even more than 6 metres high, but where we were, there was no space”

LT-COLSIBIYA and another officer, Mpangase, were in the parking area and observed the movement around the management offices, possibly identifying other places where containers could have been placed for inspection.

“myself and Mpangase, we were maine[d] in the parking, and then they went around to the management offices ... maybe they were able to identify other places that they could have placed a container”

LT-COLSIBIYA stated that the containers were stacked closely and the space between them was very minimal, making it difficult to lay all the bags and move within the containers for search purposes.

“even in between containers, the space was very minimal for us to be able to lay all the bags. It was going to be very difficult for us to move within the containers there”

As the containers were moved, machinery moved the top container to the side, then the next container to the other side, placing the container of interest to the side, but the space remaining was insufficient for counting and inspection.

“when they were moving the containers, they moved the top container, placed it on the side ... took the container that we were interested in, placed it on the side. Then the space there was not enough for us to be able to do the counting”

The space constraining the inspection was the space in front of the container door where the inspection was to take place, constrained by other containers placed around the container to be inspected.

“I am meaning the space in front of the container that we were about to inspect ... where the container is open ... It was the containers that were placed around the container”

Machinery was moving picking up containers from the other side of the depot and others conducting inspections, limiting available space between containers for search activities.

“Picking up containers from the other side of the depot and also other people conducting inspections”

LT-COLSIBIYA confirmed that machinery was moving in front of the container to then move to the other side of the containers, across from the door side.

“the machinery would be moving in front to the other side of the container ... That side is opposite where the doors are ... in front of the door, then it would be moving to the other side”

Some containers were being moved past the container of interest while LT-COLSIBIYA was there, but not necessarily those lined up next to the container of interest.

“They were moving other containers passing the ones that we were interested in searching ... Not necessarily the ones that were next to the one that we were about to search”

Colonel Jacob stated that the only hindrance to movement was two metres behind Lieutenant Colonel Sibiya as he faced the containers, and he never mentioned machinery moving next to the containers being picked up.

“The only hindrance in terms of movement that he told us about was that there was movement behind you. Two metres behind you. He never said anything that suggests that there was movement of machinery right next to the containers. With containers being picked up.”

Lieutenant Colonel Sibiya saw some machinery moving in front of the containers.

“Chair, for me, I saw some of the machinery moving in front of the containers.”

Lieutenant Colonel Sibiya confirmed that there was movement two metres behind him and two metres from the doors of the containers, as stated by Colonel Jacob.

“That was the case.”

The photo shown in evidence is from a later demonstration of a 1000 kg bust and is not related to the June CDH depot seizure incident.

“The photo we are looking at is not – it is the one of the 1000 kg bust a month later. So, this scene is not the scene where the CDH depot incident in June happened.”

Advocate Sello confirmed the container was pulled up for demonstration purposes and that Colonel Jacob's comments about the container size do not relate to the particular seizure being discussed.

“Commissioner Khumalo, I confirm it was pulled up yesterday for demonstration purposes. To deal with the point Colonel Jacob was making about what he meant by the size of the container. That definitely I confirm does not relate to this particular seizure.”

Lieutenant Colonel Sibiya stated that even when considering the size of the bags seized, the space available would still have prevented inspection in front of the container at the scene.

“I think, Commissioner, considering the magnitude of the bags and the space required for the bags, still we were not going to be able.”

Lieutenant Colonel Sibiya stated that movement of machinery was a relevant factor that caused Colonel Jacob to move the crime scene.

“It is not, sorry Chair, it is not irrelevant because it is one of the factors that caused us to move the - that caused Colonel Jacob to move the crime scene.”

Lieutenant Colonel Sibiya confirmed that the geographic space in front of the container was so limited that conducting a search there was impossible regardless of machinery movement.

“S o geographically that space was impossible in front of the container, anywhere in front of the container. The space was so limited that even without machinery moving up and down, which somehow was able to move up and down, but even without that machinery you could not have conducted the search in front of the container.”

Lieutenant Colonel Sibiya agreed that the limited space prevented a search in front of the container and that machinery movement was one factor causing the crime scene to be moved by Colonel Jacob.

“Yes, Commissioner.”

Lt Col Sibiya stated it was a possibility to cordon off the whole area and close it down to operate, but that would also require removing containers close to the container being searched to have space to work.

“It was a possibility to cordon off the whole area and close it down. It was a possibility to close, to close the area so that we were able to operate. But it would have meant that even though those containers that were close to this container that we were intending to search, they would have been also to have to be removed so that we can have enough space to work.”

Lieutenant Colonel Sibiya confirmed the bags seized were found laid in about two parking bays at the police station, not in a single parking bay.

“It is not a single parking bay. It looks like 2. It is 2 parking bays.”

Lt-Col Sibiya explained the difficulty in counting exhibits as bags had to be opened and counted accurately at the parking lot due to concerns about allegations arising from discrepancies in initial versus recounted numbers.

“You need to be sure ... Because on these seizure of that 999, the initial report, they said they have recovered 1000 bricks. When they recounted now, it was 999. So, when you are dealing with such, you need to be sure”

Lt-Col Sibiya stated that the decision not to cordon off the scene was made by Colonel Jacob and that he complied with this instruction without challenge, despite any misgivings.

“I had already said that if we were going to close shop, it was going to be done ... If a Commander says this is a decision I am taking, you cannot challenge your Commander”

Lt-Col Sibiya observed that there were a lot of people at the depot during the processing of the crime scene, including members from management, DPCI, Captain Duma, and O.R.S members.

“I saw O R S members. I also saw people wearing reflectors from customs ... there were a lot of people ... management of the depot ... three of us from D P C I ... Captain Duma ... O R S members”

Lt-Col Sibiya relied on his memory and photos he took on the day for the details in his 2022 affidavit, despite not taking notes during the incident in June 2021.

“I was taking photos ... I sent the photos via WhatsApp ... I relied on the photos ... the affidavit that I deposed was in January 5, if I am not mistaken, 2022 ... still remember some of the things”

Lt-Col Sibiya obtained SAP numbers, enquiry file numbers, and other investigation details from the enquiry file before it was taken, which were included in his affidavit.

“Those SAP numbers, SAP 13 details, the enquiry file numbers ... from the enquiry, before it was taken ...”

Colonel Sibiya asserts he obtained information from his pocket book or pocket diary.

“I think in my pocket book.”

Colonel Sibiya confirms most of the information in his statement to the Commission comes from two affidavits he proposed.

“Most of it comes from these two affidavits that I proposed. This one and the further statement.”

Colonel Sibiya denies that he, Colonel Jacob, Duma, and Mpangase together approached the depot manager; he states only Colonel Jacob and Duma went to the office while he stood in the parking area.

“No, that is incorrect. It is incorrect. I never went to the office. We were standing in the parking. It is only the two that went to the office.”

Colonel Sibiya states he does not remember whether ORS people were there before or after the seal was broken, but later clarifies the ORS people arrived after the seal was broken at the depot to assist.

“I think when you were now speaking, you said you do not remember whether the ORS people were there before or after the seal was broken. ... ORS people, they came after the seal was broken.”

Colonel Sibiya admits he made a mistake by initially saying the ORS were there before the seal was broken, clarifying they were actually requested by Colonel Jacob after the seal was broken due to the discovery of drugs.

“What makes me remember that it was after the seal was broken was the fact that they were requested by Colonel Jacob to assist.”

Colonel Sibiya states he did not know the identities of ORS members before this hearing day but knows them now.

“I did not know them before this day. I knew them after.”

Colonel Sibiya says he saw people wearing customs uniforms at the crime scene which led him to mention customs officials in his first statement, but this is not reflected in his statement to the Commission.

“When we are at the crime scene, I saw people wearing customs uniforms.”

Colonel Sibiya acknowledges his Commission statement does not mention customs officials even though he saw people wearing customs jackets, suggesting it may have been a typographical error.

“It is not there. I think, Chair, that may be it might be a typo error, but I know that I saw people from customs.”

Advocate Baloyi accuses Colonel Sibiya and Colonel Jacob of having identical and copied statements about the presence of customs officials.

“My concern is that you and Colonel Jacob, your statements are the same on this issue ... you have done exactly that. You have looked at each other's statement, that is what it looks like, and you repeat what the one has said in their statements.”

Colonel Sibiya denies copying Colonel Jacob's statement, stating they may have discussed issues but not for the purpose of preparing the affidavit.

“Chair, I never copied his statement. He never copied my statement. Obviously, I report to Colonel Jacob as a Unit Commander. Now and then we will have discussions. Not to say we are telling each other what to write in your affidavit, no.”

Colonel Sibiya denies Colonel Jacob sought to influence him between June or July 2021 up to 1 June 2026 regarding his statement.

“No.”

Lt-Col Sibiya did not have details such as names of people present when the seal was broken at the crime scene, as he was not the investigating officer.

“I did not have details as I was not an investigating officer. Normally, an investigating officer will acquire all the details of the people who are at the crime scenes”

There was a crowd of people wearing overalls gathered around the container, with no attempt made to cordon off the area.

“There was no attempt to cordon off ... there is just a lot of people gathered wanting to see what was seized”

Lt-Col Sibiya was given instructions by Colonel Jacob to take pictures of the seal being broken using a state phone before it was broken.

“The instruction to take pictures was given to me before the seal was broken because I got the photos of the seal before broken ... I was using my phone ... as a state phone”

Lt-Col Sibiya did not share Colonel Jacob's concern about possible invasion or attack while remaining at the scene.

“I never thought of that”

Lt-Col Sibiya felt uncomfortable with the number of people very close to the container and the exhibit being crowded, prioritizing safety and security.

“I also felt very uncomfortable with such exhibit with quite a number of people ... considering we were only four members”

Lt-Col Sibiya and the team took protective measures, were armed when conducting the drug bust, and took safety as a priority due to uncertainty about who else was collecting the drugs.

“We fetched the drugs ... We were armed ... your first priority is safety ... you would take protective measures just in case you are ambushed”

Lt-Col Sibiya was going to the depot to conduct a drug bust operation and was informed by Mpangase to request assistance.

“I was just informed by Mpangase, requesting assistance ... when I got to CSC depot, there are drugs”

Lt-Col Sibiya was allowed to assist by Captain Majola on 23rd and 24th despite the office being locked and Colonel Jacob being absent.

“And then Captain Majola’s office was locked but I contacted him. Hence, he allowed me to assist again on the 23rd and on the 24th.”

Lt-Col Sibiya did not know of a document that required reporting before assisting but reported to Captain Majola's office who was acting while Col Jacob was on leave.

“No, no, I do not know of such a document. Your report to your Immediate Commander of all the activities that you are about to partake. So, you just inform him. ... I went to Captain Majola’s office who was acting, because Colonel Jacob was on leave.”

Lt-Col Sibiya informed Captain Majola before going and after returning about the activities he was requested to assist with by Warrant Officer Mpangase who placed him on duty.

“I informed him to say I have been requested by Warrant Officer Mpangase to assist him. He said, no problem. ... Then in the morning on the 23rd, I briefed him of what has transpired on the 22nd. Then he was all right.”

Lt-Col Sibiya's role was to be available to assist as required by others during the operation.

“It depends on what type of assistance is required by the people that you are assisting. ... Yes, to assist them, yes.”

Other members from ORS were also called to assist and conducted inspections during the same operation alongside Lt-Col Sibiya.

“Yes, from ORS who were also conducting inspection. Then Colonel Jacob requested, after seeing a vehicle, requested them to assist us in taking the exhibit to the police station.”

Colonel Jacob had a brief conversation with Warrant Officer Mpangase and then instructed members from ORS to assist with taking exhibits to the police station.

“Colonel Jacob had a brief conversation with Mpangase, and then Colonel Jacob went on and requested members from ORS to assist. Then he then informed us that they are going to come, they will be assisting us, then we need to load the bags and go to Isipingo.”

Lt-Col Sibiya clarified that his notes about space being limited and risk to members and exhibits were his own observations and not discussed with Colonel Jacob or Warrant Officer Mpangase.

“Those were my observations of the situation, and I have not discussed them with anyone, so yes. ... No, it is not what was said on the scene.”

Lt-Col Sibiya did not recall the reasons Colonel Jacob cited for deciding to go to Isipingo and only recalled being told to load bags and proceed there as requested assistance.

“I do not recall, Chair. ... I remember him saying that I have requested for assistance, let us go to Isipingo. Let us load the bags and go to Isipingo, SAPS.”

Lt-Col Sibiya and Colonel Jacob gave the same explanation for moving to Isipingo but said they did not discuss this on the spot and it was based on their own observations.

“Those were my observations of the situation... Not only us conspiring, maybe trying to plot something, It could also be that what I was observing is the very same thing that he was observing.”

Warrant Officer Mpangase's diary did not record any explanation for departure from the National Instruction of bagging, counting, and calling LCRC at the scene, which is a breach of instruction.

“He does not give that explanation, and it is an important thing, you would agree, right? Because it is a breach of your instruction, National Instruction. Breach as in the instruction is clear. It says you must bag, you must count, you must bag on the scene, you must call LCRC.”

The ORS members present during the operation worked at the harbour, which explains their involvement as ORS members.

“They are working at the harbour. That is why they are ORS members.”

Sergeant Govender and Sergeant Mkhize were not present at the breaking of the seal at the harbour depot.

“These ones came after Sergeant Govender and Sergeant Mkhize ... they were not present at the breaking of the seal”

Colonel Jacob requested assistance with transport at the harbour depot.

“Colonel Jacob went and requested assistance in terms of providing us with transport”

All members from the ORS arrived after the seal was broken at the harbour depot.

“all the ORS members, they came after the seal”

Disposable gloves were used when loading exhibit bags at Isipingo.

“We were using disposable gloves”

Three vehicles were used to travel to Isipingo carrying exhibit bags and personnel from ORS and other officers including Colonel Jacob, Warrant Officer Mpangase, and Captain Duma.

“it was three vehicles. It was the Hyundai H1 that was carrying all the exhibit with the members from ORS. And the Golf that I was driving with myself, Colonel Jacob and Warrant Officer Mpangase and Captain Duma's Corolla behind us”

Colonel Jacob briefed LT-Col Sibiya and Warrant Officer Mpangase during the trip to Isipingo because they did not have enough bags and needed to gather more there.

“He indicated that due to the fact that we did not have enough bags and we must proceed to Isipingo so that we can gather more bags and bag the exhibits”

There were not enough bags at the depot to hold all 27 bricks of exhibits.

“we had bags, but they were not enough. ... we had bags that could accommodate 27 bricks”

The bags that could accommodate the exhibits were in the car driven by LT-Col Sibiya, not brought by Colonel Jacob.

“No, no, they were in the car that I was driving”

No one else arranged for bags for the exhibits apart from LT-Col Sibiya, and no one talked about bags besides him.

“Otherwise, no one else had arranged for bags. No, no one talked about bags.”

Colonel Jacob went and got SAP13 who is a clerk, and returned with Warrant Officer Perumal.

“Warrant Officer Perumal was the SAP13 clerk”

Colonel Jacob went and got SAP13 (official) and returned with Warrant Officer Perumal at Isipingo.

“Firstly, it was Colonel Jacob who went and got SAP13. And then he came back with Warrant Officer Perumal”

The photos related to the investigation have been updated in the third file as exhibits CJC271 and CJC272.

“We have been able to get the photos and we have handed them up. ... updated in the third file as EXHIBIT CJC271 and CJC272”

The photos taken by Colonel Sibiya during the investigation were of poor quality, highlighting the need for qualified people to take crime scene photos.

“Even the quality is not great... qualified people should be taking crime scene photos because the quality of these photos is not great”

Colonel Sibiya captured the picture of the serial number during the investigation to ensure documentation.

“I captured that one. I had to make sure”

The container subject to the investigation was confirmed by Colonel Sibiya to be the one in the photo identified as container on page 970 of the exhibit file.

“Do you confirm that is the container that was the subject of this investigation ... Yes”

The containers at the site in question were stacked on top of each other, with the container subject of investigation placed on the ground.

“There are containers stacked on top ... this one was placed on the ground”

Lieutenant Colonel Jacob informed personnel to proceed to Isipingo SAPS and requested assistance from ORS Harbour members.

“Lieutenant Colonel Jacob informed us that we should proceed to Isipingo SAPS. He requested members from ORS Harbour to assist us.”

ORS members left before the complete counting operation finished and did not consider waiting for the SAP 13 as their operation.

“They got there. Your bags were offloaded and they left to go and carry on with their job. So waiting for the SAP 13 does not come into it because they say it was not their operation. They were just a lift to you. They were not helping with your operation.”

ORS members were called to assist but did not participate in the counting of exhibits, only observing while the bags were offloaded and counting was done by DPCI members.

“They assisted us in offloading the bags. When we started counting, they were still there. But they were not counting. They were observing while we offloaded the bags.”

Oral evidence shows a dispute that Colonel Jacob amended his position to accept ORS presence during counting but agrees they left before completion.

“Colonel Jacob amended his position, which was initially like yours. And he said, ja, maybe they were there, actually, I think, something to that effect. They were there when we started counting and they, of course, left off to do their work.”

ORS members have a record of their role and participation in the operation which must be explained and accounted for in official documents.

“If they were part of an operation, they must have a record of their own, of their participation, what they saw, what they got involved with, what they did. They must be able to explain their involvement.”

Colonel Jacob accepted that ORS members were not part of the operation but only provided transportation for the consignment to Isipingo.

“Colonel Jacob, who was in charge of the scene, accepted that they were not part of the operation. He accepted that all that they did was to give you a lift, to give the drugs a lift. So they provided you with transport, and that is what they were called for.”

Lt-Col Sibiya insists ORS members were present and participating during the counting, disputing claims they only observed and left early.

“When we were counting drugs, I am still standing firm. They were there. I insist that they were there. According to my recollection, they were there up until we finished counting. Then they left. I think they were also waiting for a 13 number.”

There is disagreement between Lt-Col Sibiya and others (including Mpangase and Colonel Jacob) about the role and participation of ORS in the counting operation, specifically whether ORS were part of the operation or merely providing transport.

“Mpangase does not mention them as part of his operation. He mentions you and Jacob and Duma, and Jacob, rather, and Duma. He does not mention them as part of an operation, including in the counting. You are the only one that is mentioning them as part of the operation to the point where you say they waited for the SAP 13. They were called for that. That is what they say in their statements. They helped transport this consignment to Isipingo. Maybe let me remove the words say part of the operation, but they participated in the operation by conveying the drugs from the depot to the police station.”

Lieutenant Colonel Jacob and his team escorted individuals to Isipingo SAP where they assisted in offloading black bags containing suspected cocaine bricks which were then counted by DPCI members.

“Then we were escorted by Lieutenant Colonel Jacob and his team to Isipingo SAP, where we assisted in offloading the black bags. The DPCI members were busy counting the bags. The yellow and black bags, bricks, sorry, of suspected Cocaine when we left the scene.”

Lieutenant Colonel Sibiya confirms that after finishing counting the bags, the bags were still present as he included this in his affidavit and cannot say it is wrong.

“This is according to his version. If I remember well, when we finished counting, they were there. That is why I put it in my affidavit. So I am unable to say that this affidavit is wrong or right.”

Warrant Officer Perumal expressed to Lieutenant Colonel Jacob that there was no space to store the drugs at the station when seeing the number of bags.

“Initially, when he came and saw the number of bags, he said, so much? I do not have space.”

Lieutenant Colonel Sibiya claims Warrant Officer Perumal must be lying because it would have been illogical for him to call Colonel Jacob to inform commanders about lacking space at the police station if they actually had space.

“I would say the man is a liar. Why would we call Colonel Jacob to contact our Commanders informing them that we do not have space whereas we are at the police station?”

Warrant Officer Perumal stated in his statement that Colonel Jacob did not tell him about wanting to store the exhibits at SAPS 13 storeroom; rather they have a safe place to store them and there was enough space at the station.

“Colonel Jacob did not tell me that he wanted to store the exhibit in the station SAPS 13 storeroom. Rather, he said they have a safe place where they will store them. There was enough space at the station to accommodate the said exhibit. I did not implicitly indicate to Colonel Jacob that there was no space to store large amounts of drugs.”

Lieutenant Colonel Sibiya denies Warrant Officer Perumal's statement about there being space at the station and questions why Perumal allowed exhibits to be booked in without forensic bags if bags were available.

“I think this paragraph is not speaking the truth. And I can tie this paragraph also with the issue of the bags. As a very experienced SAP 13 clerk, if he had bags, why did he allow the exhibit to be booked in without bags? Because once you are a custodian of the SAP 13, regardless of rank or what, you are in charge of the SAP 13, then you accept exhibits that are not put in the forensic bags.”

Lieutenant Colonel Sibiya states he did not know there was space at the police station on 22 June and only heard Perumal say there was no space.

“I did not know. I only heard Perumal saying that there is no space.”

Lieutenant Colonel Sibiya asserts Warrant Officer Perumal clearly stated he did not have space for the drugs and denies that Colonel Jacob asked about storage space.

“I also did not say that Colonel Jacob asked Perumal about the space. I said Warrant Officer Perumal said he did not have space.”

There is an important issue regarding the National Instruction requiring that exhibits be dealt with at the police station where the crime occurred, but the diary of Mpangase does not record how exhibits ended up in Port Shepstone; only Sibiya and Jacob claim this, and Jacob later retracted his firm position.

“You will agree it is an important issue because the National Instruction does require you to do all of this at the police station where the crime occurred. Now, the diary of Mpangase does not record such an important fact that would explain the anomaly and irregularity of taking these exhibits to Port Shepstone. How do they land in Port Shepstone? There is no record of that. It is you and, it is only you and Jacob in the written statements who say this, but now it is only you because Jacob in his testimony ended up retracting his firm position in saying, actually, I do not remember explicitly asking him or having a discussion with him about space.”

Warrant Officer Perumal was approached by Colonel Jacob from DPCI who informed him about the recovery of a huge quantity of drugs from CHC containers in Prospecton, and the intention was to book it into the SAP 13 register, sign for it, and take it away without intending to store it at Isipingo.

“On the 22nd of June 2021, I was approached by Colonel Jacob from DPCI who informed me that they recovered a huge quantity of drugs from CHC containers in Prospecton, and they want to book it into our SAP 13 register and sign for it and take it away.”

The intent all along was just to book the drugs, sign, and take them away; there was never an intention to store the drugs at Isipingo.

“So the intention all along was just to book it and sign and take it away. There was never an intention to store it at Isipingo.”

The SAP 13 exhibits are signed out for analysis and not because of lack of storage space; whoever completed the SAP 13 does not indicate it was due to space issues and the purpose is analysis.

“The exhibits are signed out for analysis, not because of space. Whoever completed that SAP 13 does not say, because we have no space, we are taking it to storage. He says we are signing it out for analysis.”

Warrant Officer Perumal said he did not have space to store the drugs.

“Warrant Officer Perumal explicitly refused to keep the exhibits on the day, and that I should have been aware of the same.”

Lt-Col Sibiya heard Warrant Officer Perumal say he has no space around the time the exhibit bags were taken out of the bags during offload.

“It was when the exhibit were taken out of the bags, that is where one of the Perumal said, so much drugs, I do not have space.”

Lt-Col Sibiya overheard Warrant Officer Perumal talking to Colonel Jacob on 22 June 2021 at SAPS Isipingo stating that they do not have space to store the drugs and discussing that a team would arrive to escort the drugs.

“On 2021-06-22, the day of the seizure, while at the SAPS Isipingo, I overheard the SAP 13 Clerk Warrant Officer Perumal talking to Colonel Jacob, stating that they do not have space to store the drugs. Thereafter, I overheard speaking over the phone, indicating that we require a place to store drugs. After deliberation, Colonel Jacob informed us that the Brigadier had indicated that a team would arrive to escort the drugs.”

The exhibits related to the investigation were ordinarily kept at the police station of jurisdiction, including Isipingo.

“all the exhibits are kept in the police station of jurisdiction”

Lieutenant Colonel Jacob indicated that he had spoken to Brigadier Nyuswa about a safe place to keep the exhibits away from Isipingo.

“Lieutenant Colonel Jacob indicated that he has spoken to Brigadier Nyuswa about a safe place to keep the exhibits”

There was an omission in earlier statements regarding the reason why exhibits were not kept at Isipingo police station; this omission required clarification.

“I think, Chair, it is an omission. That is why we tender oral evidence to clarify all other evidence or explain or elaborate more.”

Investigating Officer Captain Mashau requested LT-COLSIBIYA to make a clarifying statement regarding the events on the day of the seizure and storage of exhibits at Isipingo.

“He needed me to clarify, Chairperson, the issue of what happened on the day of the seizure when we went to Isipingo”

Warrant Officer Perumal, the SAP 13 clerk, was not agreeing with the statement that there was no space at the police station, which prompted the need for clarification.

“He indicated to me that Warrant Officer Perumal is not agreeing with what we are saying, that there was no space at the police station. So we needed to clarify more.”

The Investigating Officer at the time of clarification was Captain Mashau, who required clarity on the disputed storage space issue.

“It was Mashau by this time”

There was a denial by Warrant Officer Perumal regarding the request for storage space at the police station, causing the investigating officer to seek additional clarification.

“I think, Chair, it was because maybe Perumal was denying the issue that the storage was requested. That is why he wanted me to clarify more.”

Up to a certain point, Perumal, Jacob, and LT-COLSIBIYA were not disagreeing about the storage of exhibits, but a disagreement arose later when LT-COLSIBIYA made a subsequent statement.

“Up to that point, Perumal, Jacob, and yourselves were not disagreeing because all your three statements up to that point where we book these things in, we took them out.”

There was a sudden change in the statements regarding the issue of disagreement over storage space between Perumal and Colonel Jacob, despite prior consistency.

“You and Colonel Jacob have suddenly flipped or changed. All of a sudden, when with the two of you as well there was never an issue around this..”

If the statement was not needed, it would not have been taken, implying that the clarifying statement was necessary and requested by the Investigating Officer.

“If they did not need this statement, they were not going to take it.”

All three role players (Colonel Jacob, Warrant Officer Perumals, and Lt-Col Sibiya) were agreed that there was no inconsistency regarding why an issue needed clarification.

“all three role players are agreed on this issue”

Lt-Col Sibiya put a clarification statement in his statement, mentioning people and times, and the investigation team also took that statement, implying a request was made that needed clarification.

“But for the fact that I put it in my statement and I am mentioning the people and the times, the investigation team also took the statement. They were not going to accept any statement that they did not request, which means the request was made.”

Without a reasonable explanation, the later version of events by Lt-Col Sibiya and Colonel Jacob appears to be concocted and does not make sense.

“Absent an explanation that makes sense, this later version by you and by Colonel Jacob appears to be concocted. The explanation you give does not make sense.”

Warrant Officer Perumals told Colonel Jacob there was no space for the exhibit bags, prompting the need to take them to Port Shepstone; this conversation was overheard by Lt-Col Sibiya, but neither Perumals nor Jacob recall the detail fully, requiring Sibiya to remind them.

“It could only be because Warrant Officer Perumals said to him there is no space ... you overheard Jacob talking to Perumals ... Neither of them remember the conversation, and it is you who must remind them that the conversation took place.”

Lt-Col Sibiya's current explanation about the conversation and why exhibit bags were not left at Isipingo is inconsistent with previous accounts and appears to be made up to provide a reason.

“I want to suggest to you that you made up, in this clarification statement, you made up a reason why these exhibits end up not being left at Port Shepstone. And what you make up is to say they had a conversation, Jacob and Perumal, and Perumal said, I do not have space.”

Colonel Jacob did not recall the exact reason for the clarification, and Lt-Col Sibiya was not in a position to make a decision on where the exhibit must be kept.

“The bottom line, Chairperson, I was not in position to make a decision as to where the exhibit must be kept.”

Several statements (including by Colonel Jacob and Mpangase) contradict Lt-Col Sibiya's account about the conversation regarding lack of space and storage of the exhibits, making his account incorrect.

“Jacob, that you say, had a conversation with Perumal, says I never engaged him about this. Mpangase says nothing about it. He signs out, Mpangase signs out for analysis. So all of those things, they indicate that your account about this issue, it cannot be correct.”

Colonel Jacob referenced an implicit norm that large amounts of drugs are booked out of station SAP 13 for safe storage, distinct from stating there is no physical space in the station.

“Warrant Officer Perumals implicitly indicated that they did not have space and it is the norm for large amounts of drugs to be booked out of the station SAP 13 for safe storage.”

Colonel Jacob's first statement was unsigned and unacknowledged initially, but he later accepted it as his first statement.

“This is Colonel Jacob's. My gosh, it is unsigned. He probably did not... He accepted it. He accepted it. I raise that issue when Advocate Sello took him through it. And he accepted that this is his first statement.”

Warrant Officer Mpangase entered exhibits into the SAP 13 register and the member in charge was Warrant Officer Perumal, who acknowledged and immediately booked out the exhibits.

“Warrant Officer Mpangase entered the exhibits into the SAP 13. The member in charge of the SAP 13 was Warrant Officer Perumal. The exhibits were acknowledged by him and immediately booked out by Warrant Officer Mpangase.”

The exhibits could not be accommodated at the station and arrangements were made for them to be stored at a secure location in Port Shepstone, but it is not stated that Warrant Officer Perumal was the source of this statement or he refused to accommodate exhibits.

“The exhibits could not be accommodated at the station and arrangements were made for it to be stored at a secure location in Port Shepstone. It does not say that Warrant Officer Perumal said that he could not accommodate them. It does not suggest that that came from Warrant Officer Perumal.”

Warrant Officer Perumal did not force the issue of storing the exhibits and had reservations about the safety of the exhibits at the station.

“I did not force the issue of storing the exhibits as I had reservations about the safety of the exhibits at the station.”

There was a discussion about exhibit bags between Warrant Officer Perumal and Warrant Officer Mpangase, leading to the request to the Charge Office for more bags because the bags in the car were insufficient.

“Warrant Officer Mpangase requested for the exhibit bags from Warrant Officer Perumal. However, he, that is Warrant Officer Perumal, indicated that he did not have any forensic bags. There was a discussion, hence I had to go to the Charge Office to request because I was the only one who knew, I think, less than five bags that I had in the car.”

Sergeants at the Charge Office told Warrant Officer Mpangase that there were no forensic bags available there.

“I found two Sergeants there. One of them was a Charge Office Commander. I requested for the bags, and then I was told they do not have bags.”

LT-Colsibiya had less than five exhibit bags in the car, sufficient to accommodate 27 bricks of drugs.

“Less than five bags I had. They could accommodate the 27 bricks.”

Exhibit bags are normally placed at the boot of state vehicles and are requested at the station or office, but they are not easy to get, especially bigger sizes.

“We normally place exhibit bags at the boot of the state vehicles. We request at the station, sometimes at the office. Exhibit bags are an issue, and they are not easy to get, especially the bigger sizes.”

It is possible for a police station or official to have no exhibit bags at all, and some police stations do not have forensic bags at all times.

“It is a possibility that a police station or any official or office member would not have any exhibit bag. ... Yes, it can happen. It does happen. Some police stations, they do not.”