Witness : None (the scheduled witness, Mr Vusimuzi Matlala, was postponed) Evidence Leader : Adv Chaskalson SC.
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Sergeant Nkosi shared a draft letter with Mr Msibi at 8:37 p.m. on 9 February, and Mr Msibi responded that it was okay.
“If we go back first to the chats with Mr Msibi on page 97, we see Sergeant Nkosi shares that draft letter immediately with Mr Msibi. That is at 8 : 3 7 p . m . , chat number 2 . That is the draft . Mr Msibi responds to him : “ T h a t i s o k a y . ””
Sergeant Nkosi forwarded the signed document to Mr Msibi two seconds after receiving it from Mr Jacobs on 9 February at 10:24:31 p.m.
“If we go back to page 97 , we see two seconds later he forwards it to Mr Msibi , 1 0 : 2 4 : 3 1 .”
Sergeant Nkosi represented to the Czech government that Invays would be demonstrating to the South African Police, but actually there was a plan to sell grabber technology to the Kingdom of Eswatini.
“So Sergeant Nkosi has represented to the Czech government that they are , that Invays will be demonstrating to the South African Police Service . ... Now of course that is not what the Czech Republic has been told at all . The Czech Republic has been told that this is a demonstration for the South African Police Service . ... “ H a v e a p l a n t o s e l l g r a b b e r t e c h n o l o g y t o t h e k i n g d o m o f E s w a t i n i . ””
Communications continued in March 2023 regarding company details for a contract with Invays for the Eswatini deal, with Sergeant Nkosi sending screenshots and responses about the 'old man' meeting the King.
“While this was going on , on the 27 th of February , ... Starting at the top of 123 on the 14 th of March : “ H i F a n n i e m y f r i e n d , h o p e y o u a r e w e l l . D o y o u h a v e a n y u p d a t e s ? ” ... “ O l d m a n i s c o m i n g b a c k t o m o r r o w m o r n i n g f r o m S w a z i l a n d .”
The deal for Swaziland was ultimately lost, as indicated by a message from a partner of Shaun expressing disappointment on 17 October.
“it seems that the deal was lost because if one goes to page 112 , one sees that on the 17 th of October , Sergeant Nkosi forwards to Mr Msibi a message that seems to come from a partner of Shaun : “ M y b r o t h e r , I a m r e a l l y d i s a p p o i n t e d a b o u t h o w t h i n g s w o r k e d o u t o n t h e K i n g d o m d e a l .”
Mr Msibi and Shane or Shaun were aware of and involved in Sergeant Nkosi’s fraudulent conduct regarding SAPS representation.
“the only people that we can identify in that regard are Mr Msibi, who is no longer alive, and Shane or Shaun.”
Sergeant Nkosi signing documents on behalf of SAPS and purporting to represent SAPS in future agreements with international organizations or suppliers constitutes an out-and-out fraud to which everyone involved in the project with knowledge of the letter is party.
“the inference is that that is an out-and-out fraud, but it is a fraud to which everyone involved in that project is party. Everyone involved in that project with knowledge of Sergeant Nkosi’s letter, was also involved.”
Sergeant Nkosi’s use of stamp and force number could enable unauthorized transactions such as weapons deals not authorized by SAPS.
“you can see one conduct where he is signing and putting a stamp and force number to allow an international organization to come and make a demonstration to private individuals in South Africa. What if it was weapons and other things that are not authorized by SAPS?”
Themi Style CC is a close corporation with Mr Msibi as its sole director/member, presenting itself as a high-tech security company providing services to the state.
“the only director of Themi Style is Mr Msibi himself... Themi Style is presenting itself as a state-of-the-art high-tech security company with surveillance capacity and as a company that provides services to the state.”
Mr Msibi and Mr Motsumi are purporting to represent the South African state in dealings with a European dealer in high-tech security surveillance equipment, claiming to have a service level agreement from the state.
“So they are purporting to have a service level agreement from the state.”
Mr Motsumi is someone whose name General Senona, when he was still Head of the Hawks, was too scared to mention.
“Mr Motsumi is someone whose name General Senona, when he was still Head of the Hawks, was too scared to mention.”
Mr Msibi has been described by General Khumalo as the then leader of the Big Five organized crime cartel.
“Mr Msibi has been described by General Khumalo, who is the Head of Crime Intelligence, as the then leader of the Big Five organized crime cartel.”
Mr Molefe is currently on trial for murder in a matter involving firearms that can be linked to more than 30 other murder scenes in Gauteng in the last 5 years.
“Mr Molefe is currently on trial for murder in a matter involving firearms that can be linked to more than 30 other murder scenes in Gauteng in the last 5 years.”
Private parties including Mr Msibi, Mr Motsumi and Mr Molefe are passing themselves off as representatives of states and trading or attempting to trade in grabber and jamming technology that should only be in the hands of intelligence agencies under legislative controls.
“This is the sort of technology that should only go into the hands of intelligence agencies, who are then constrained to use it under fairly strict legislative controls. But what we have here is private parties passing themselves off as representatives of states, and trading in this, or trying to trade in this technology.”
Carnilinx director Mr Sayed was in close contact with General Khan and appeared to be trying to rig tenders with General Khan through the Covid period.
“whose director, Mr Sayed, was in close contact with General Khan and appeared to be trying to rig tenders with General Khan through the Covid period”
Carnilinx admitted to fraudulent schemes to defraud SARS of tobacco taxes and was not taken to criminal court.
“Carnilinx, the tobacco manufacturer whom we came across in the context of General Khan’s communications, who pleaded guilty to schemes essentially to defraud SARS, did not plead guilty, admitted, they were not ever taken to a criminal court, admitted to fraudulent schemes to defraud SARS of tobacco taxes”
Carnilinx directors contacted Mr Jothan Msibi (Pappa Joe) to recover stolen stock after robberies and he assisted them.
“when Carnilinx gets robbed, they call up Mr Msibi to sort it all out and find out who has robbed them and get their stock back”
Mr Phillips offered to compensate Mr Msibi for recovering stock and referred to Adriano Mazzotti (CEO of Carnilinx) in discussions about payment.
“Have spoken quite a bit about sorting you as a thank you for getting that stock back ... this week we will come and have a drink and square up with you”
Mr Msibi assisted Carnilinx with recovering stock from robberies, including an armed robbery at their Wadeville factory involving security guards.
“That same guy Ali arranged an armed robbery at our other factory at Wadeville. The security guards were in on it. ... one call from you will sort everything out”
Mr Msibi used Mr Nxumalo to rig a tender for him at Ekurhuleni for the Project Management Unit contract for the BRT project.
“we see that Mr Msibi appears to have used Mr Nxumalo, who is someone who we previously have met in connection with Mr Msibi, to rig a tender for him at Ekurhuleni.”
Mr Nxumalo forwarded the tender advertisement for the PMU contract PS-PT17-2023 to Mr Msibi on 3 June 2023.
“Mr Nxumalo sends to Mr Msibi a WhatsApp in chat number 3 at 4:43 in the morning, which forwards the tender advertisement for this project management unit that Mr Msibi wanted for Kamprock.”
Mr Nxumalo denies authoring the message 'This one is not a panel. Is it spoken for? I have two people asking.' and claims it was incoming or from someone else.
“Thus far, Mr Nxumalo has told us nothing other than what we told him. ... I record for the Commission's assistance that item 3 of the extract is marked incoming, whereas the notice proceeds on the basis that I wrote those words”
Mr Nxumalo notified Mr Msibi on 24 October that the PMU tender had been submitted for the week's BEC and the Department had confirmed.
“Mr Nxumalo notifies Mr Msibi that: “PMU … has been submitted for this week’s BEC. Department has confirmed.””
The PMU tender for City of Ekurhuleni integrated rapid public transport network was awarded to Kamprock (Pty) Ltd in November 2023.
“the successful bidder in relation to the provision of a project management unit and technical services for the development of the City of Ekurhuleni integrated rapid public transport network ... was none other than Kamprock (Pty) Ltd, who had been nominated by Mr Msibi in April of that year.”
Ms Nxumalo is associated with Kamprock.
“Do we also know from the earlier chat that Nokuthula Nxumalo is associated with Kamprock?”
Mr Msibi sent Ms Nxumalo's contact card to himself on 4 May 2023.
“that is the contact card that was sent on 4 May 2023 from Mr Msibi to Ms Nxumalo. Page 142.”
On 23 September 2023 Mr Motsumi sent Ms Mashazi's contact card to Mr Msibi.
“on the 23rd of September, chat number 4, Mr Motsumi sends a contact card to Mr Msibi and that contact card is at page 93. ... It is the contact card for Ms Mashazi, who was then the city manager of the Ekurhuleni”
Mr Msibi called Ms Mashazi on 25 September 2023.
“Mr Msibi then, on the 25th of September, called her. That is at page 26.”
Mr Karim was a visitor to Mr Msibi's farm, previously unknown, and there is a connection via Ziggy Investments joint venture with Transnational Coaches linked to Mr Msibi and Paruk family.
“we learned yesterday that he was a visitor to Mr Msibi's farm. We did not know about that previously. But what we do see is some connection between his joint venture through his company Ziggy Investments and a company Transnational Coaches... linked to Mr Msibi comes or is addressed in a series of chats... counterparty appears to be linked or to have contact with the Paruk family, P-A-R-U-K, who is the family that apparently controls Transnational Coaches”
Adv Chaskalson states there is no evidence yet on certain trade details and plans to approach the Reserve Bank for tracing.
“we have no evidence. We will try to clarify that. In particular, we will go to the Reserve Bank and see if they can trace details in relation to that trade.”
Chats show communications regarding bids for subsidized bus transport contracts previously sole preserve of Putco, including specific tender for Gauteng routes.
“the beginning of the chat is preoccupied with communications relating to what appears to be a bid involving Mr Msibi for one of these subsidised contracts... tender for the supply of quality road-based subsidised public transport services for Gauteng province”
Chats reference requirements for subcontractor including CSD, BEE level, operating licence, routes and percentages, sent to Mr Msibi, with Themisty le as the entity.
“the sender sends to Mr Msibi requirements of what the subcontractor is going to need, CSD, BEE level, operating licence... Mr Msibi then sends back details of presumably the entity... that is Themisty le again”
Minister of Transport withdrew concurrence to advertise new tender due to Putco's court interdict, placing tender evaluation on hold, as per state attorney's letter.
“the Minister is going to abide a dispute that is before Court... the Minister of Transport has indicated in a written communique... that he has withdrawn his concurrence to advertise the new tender... the tender and the evaluating of bids must be placed on hold”
Payment of R700,000 from Transnational Coach Lines to SANTACO sent to Mr Msibi, with mention of waiting for R300,000, total intended R1 million, short due to North West companies' arrears to joint venture.
“a payment of R700,000 from Transnational Coach Lines to SANTACO... “Now I am waiting for the 300,000.”... the North West Transport Investments and North West Star... are in arrears... the joint venture is short on paying Mr Msibi”
Mr Msibi's accountant inquired whether payment was made to Tucofin (Pty) Ltd, a company where Mr Msibi was director until 2024.
“the accountant of Mr Msibi is asking whether we... have paid Mr Msibi's money. And the address that is given is Tucofin (Pty) Ltd... Tucofin was a company in respect of which Mr Msibi himself was a director, but he is listed as deceased... he was a director until 2024”
A payment of one million rand was made to Tucofin (Mr Jotham Msibi's company) on 3 August 2022, following a screenshot on 1 August.
“That payment is at page 317, and it reflects a payment of a million rand to Tucofin, which is Mr Msibi’s company.”
There was an attempt to interfere with prosecutions in relation to defeating the ends of justice, as evidenced by messages between Mr Jotham Msibi and Advocate Makhosini Msibi on 16 August 2022.
“it does seem that there is an attempt to interfere with prosecutions in relation to defeating the ends of justice here.”
Sean (involved in a dagga growing project at Jack Frost Pharmaceuticals in Germiston) requested Mr Msibi to send two guys to Germiston to scare people snooping around the premises.
““After noon Chief. I know you are dealing with a lot and this is minor rubbish, but if you could get a chance, please send two of your guys to Germiston for me. I will meet them and point out who needs to be spoken to. My grow team is still getting watched. I can use my Congo guys, but I know your guys will create more fear in these people. Thanks my brother.””
The licence to Jack Frost for cultivation was originally issued on 19 September 2022, meaning activities prior to that date occurred before this licence was in effect and may constitute illegal cultivation of dagga if no other permit existed.
“the licence given to Jack Frost, and it is issued originally on 19th September 2022. So everything that we have looked at thus far is before this licence was in effect.”
Production of dagga by Mr Msibi and others, including Jotham Msibi, appears to have been unlawful prior to the licence.
“it appears they were involved in the production, unlawful novel production of dagga.”
Prima facie the licence granted to Jack Frost under section 22(1)(c) of the Medicines and Related Substances Act did not authorise the growing of dagga on the scale shown.
“this licence certainly did not authorise it.”
