Mr Ngoato denies he was absent at 9:30 due to awaiting a ruling on a different matter, stating he arrived on time and only left to attend to the issue of files being amended without his knowledge.
“I arrived on time, Commissioner. I sat my bags, and nobody indicated anything to me and I went to go and pick up my clients so we can proceed in here”
Mr Ngoato was not at the inquiry at 9:30 because someone was amending his client's files in his absence without informing him, which he took serious exception to.
“I found somebody consulting with my client in my absence, amending my files in my absence and I took serious exception to that.”
Documents were handed to Mr Ngoato's client and placed in the client's file without informing Mr Ngoato, which impacted his ability to guide the client.
“They went and handed documents to my client in my absence and to put into the client's file . . . I will not be able to guide the client if documents have been slotted in his file without me knowing about it.”
Mr Chaskalson SC was not aware of the issue until Mr Ngoato returned after 9:30 and explained the cause of the delay relating to file amendments without Mr Ngoato's consent.
“I was not aware of this whole episode until after Mr Ngoato returned after 9:30 . . . I had, what I had been told was from the security, the Commission security officer, was that he had anticipated that the ruling was going to be handed down first . . . It turns out that there is this issue which was brought to my attention by Mr Ngoato when he came in after 9:30.”
The Commission acknowledges the wrongfulness of the attorney amending files without client counsel present and undertakes it will never happen again.
“There is a concession by Mr Chaskalson that it was wrong for the attorney to have done what they did and there is also an undertaking that it will never happen again.”
Sergeant Nkosi sent to Mr Motsumi on 26 January 2025 an article titled 'Breaking: SAPS KZN in crisis' containing allegations against General Mkhwanazi and General Khumalo, accusing them of corruption and posing a national security threat.
“On the 26th of January 2025, at 13:54, you sent to Mr Motsumi an article entitled 'Breaking: SAPS KZN in crisis' . . . It makes a range of allegations against General Mkhwanazi and General Khumalo, accuses them of corruption, accuses them of posing a great threat to national security.”
An article forwarded by Sergeant Nkosi on 2 February 2025 alleges General Mkhwanazi promised witnesses promotions to Colonel in exchange for arranging or assisting the dismissal of General Khan.
“This article alleges that General Mkhwanazi promised witnesses that they would be promoted to Colonels in exchange for arranging or assisting the dismissal of General Khan.”
General Mkhwanazi tried dishonestly to persuade witnesses to change their affidavits so that General Khan would be dismissed from the police on bogus charges.
“General Mkhwanazi tried dishonestly to persuade witnesses to change their affidavits so that General Khan would be dismissed .”
Three key witnesses confirmed they were approached by Lieutenant General Mkhwanazi to change their affidavits so that Major General Feroz Khan would be fired and dismissed from police on bogus and trumped up charges.
“It is confirmed by three key witnesses that they were approached by the appointed departmental Chairperson, KZN Provincial Commissioner, Lieutenant General Mkhwanazi, to change their affidavits so that Major General Fe... dismissed from the police on bogus and trumped up charges.”
Sergeant Nkosi claims General Sibiya likes General Mkhwanazi, though evidence suggests otherwise, with some contention about their relationship.
“He likes him . Yes . ... I have to put it to you that you know that answer is false . He does not like General Mkhwanazi. All of the evidence we have seen thus far is that he does not like General Mkhwanazi. ... I am saying what you are saying to me is not true. He likes him .”
General Sibiya once called Sergeant Nkosi to his office to try to make peace with General Mkhwanazi because they were not getting along at that particular time in their work.
“General Sibiya once called me upon his office to go to General Mkhwanazi and try to make peace between them because they are not, they were not getting along in the line of work at that particular time .”
Presidency sent a stern warning to Police Chiefs including National Police Commissioner Lieutenant General Fannie Masemola and Crime Intelligence Head Lieutenant General Dumisane Khumalo for corruption, fraud, and theft of crime intelligence funds.
“Presidency sends out stern warning to Police Chiefs, National Police Commissioner, and Crime Intelligence Head. President Ramaphosa and GNU parties asked the ID and the Independent Investigative Director to probe the National police Commissioner, Lieutenant General Fannie Masemola and Lieutenant General Dumisane Khumalo of corruption, fraud, and the theft of crime intelligence funds.”
Sergeant Nkosi refuses to answer definitively on the relationship between General Sibiya and the National Commissioner and General Khumalo due to lack of proof and only shares rumours.
“I have not seen them both on the same office or the same place that not been getting along . I am just avoiding to say something that I do not have proof of . I might have maybe heard, or maybe, you know most rumours in the passages of the police, they will just talk, these two are not getting along, or they are pretending . So I do not want to mention that, because then next question I will be asked, how did you know ? Then when I say now from the passages, I do not have facts on that .”
General Sibiya is very close to Sergeant Nkosi and he would know about General Sibiya's relationships with other generals like Khumalo and the National Commissioner.
“Sergeant Nkosi, you are very close to General Sibiya, we know that . From all the evidence that we have looked at, you are very close to him . You would know what kind of relationship they have, whether they get along very well, whether they avoid each other, what General Sibiya's view is of them . You would know that .”
Lieutenant General Fannie Masemola and Lieutenant General Dumisane Khumalo were served arrest notices after investigations into crime intelligence corruption by Parliament's Police Portfolio Committee.
“National Police Commissioner, Lieutenant General Fannie Masemola appeared weak and shaken when confronted by the ID. ID had served him with arrest notices for five senior officers within Crime Intelligence division, including its National Head, Lieutenant General Khumalo .”
National Police Commissioner Lieutenant General Fannie Masemola appeared weak and shaken when confronted by the Independent Directorate and was served arrest notices for five senior Crime Intelligence officers including Lieutenant General Khumalo.
“National Police Commissioner, Lieutenant General Fannie Masemola appeared weak and shaken when confronted by the ID. ID had served him with arrest notices for five senior officers within Crime Intelligence division, including its National Head, Lieutenant General Khumalo.”
Lieutenant General Fannie Masemola blamed the collapse of Crime Intelligence on Lieutenant General Khumalo and KZN Provincial Commissioner Nhlanhla Mkhwanazi.
“He then blamed the collapse of Crime Intelligence at the hands of Lieutenant General Khumalo and KZN Provincial Commissioner, Nhlanhla Mkhwanazi.”
Sergeant Nkosi sent General Mkhwanazi a message saying "Ziyakha Manje" with three laughing emojis to express shock at what was happening.
“When General Sibiya sent me this thing, I was shocked. If forwarded again to General Mkhwanazi. Then I was shocked. To me, when I am shocked, I say, "Ziyakha Manje" ... and sent three laughing emojis.”
Adv Chaskalson SC alleges that Sergeant Nkosi did not send laughing emojis to General Mkhwanazi, supported by chat evidence apparently withheld from the bundle.
“I want to put to you that you did not. I will take you to the reference. I am not sure it is in this bundle, but I certainly have the chats with General Mkhwanazi, and there were no laughing emojis in that chat.”
Adv Chaskalson SC says all chats, including those between Sergeant Nkosi and General Mkhwanazi, were disclosed on a memory stick but not included in the main bundle.
“We have certainly disclosed the chats, we just did not put them in the bundle. All of the chats have been put on a memory stick and given to my learned friend.”
Mr Ngoato stated there are no chats between Sergeant Nkosi and General Mkhwanazi in the disclosed bundle and that the disclosed chats are on a memory stick not included in the bundle.
“In the entire bundle, there are no chats between Sergeant Nkosi and General Mkhwanazi. They have not disclosed that to us.”
Mr Ngoato notes objection to chats being put on memory stick and questions why relevant documents are not in the main bundle but only on memory stick.
“Why have it in a memory stick and not have it in the bundle if you wanted us to be able to do it? Why have others in the bundle and not in the memory stick?”
Adv Chaskalson SC states memory stick contains all chats and Mr Ngoato will be able to review relevant extracts after lunch if necessary.
“If Mr Ngoato wants to see the chat with General Mkhwanazi, I can pull out the relevant extract, give it to him at lunchtime, and we can come back to this if it is necessary after lunch.”
Sergeant Nkosi used laughing emojis to denote shock in his message, which is unusual but he expressed it that way at the time.
“Ordinarily one would not use laughing emoji to denote shock. Do you agree? Yes, I agree, Commissioner. How can it be then that in your case you would have used laughing emoji to denote shock? At that time, it was me, yes. Shocked.”
Sergeant Nkosi knows Galito as Baba's chef, but does not know his full name; he confirms that Galito is an EFF spokesperson.
“I know Galito because I know him from the farm. He was Baba's cook. ... I just saved him like that. Baba's chef. ... Since I have known him, I have addressed him as Galito. Everyone is addressing him as Galito. I am not denying or admitting to that, but I know him as Galito.”
Sergeant Nkosi stated that Mr Sibande is not a member of the EFF but he saved Mr Zenzi as an EFF spokesperson in his chats, although he admitted this was wrong.
“Does Mr Sibande hold a position in the EFF ? ... No , no , no , he does not . ... He is always with the EFF. I can say he is a member of the EFF . ... I might have saved him as EFF spokesperson , but he is not an EFF spokesperson . Maybe the problem is how I save these people . ... I said he is a member of the EFF , but he is not a spokesperson of the EFF .”
Sergeant Nkosi admitted he wrote 'EFF spokesperson' in brackets after Mr Sibande's name in his chats without the proper justification and said he saved him wrongly that way.
“I might have saved him as EFF spokesperson , but he is not an EFF spokesperson . Maybe the problem is how I save these people ... I said maybe this is how I saved him . I saved him wrongly .”
Sergeant Nkosi acknowledged that he used the descriptor 'EFF spokesperson' wrongly and that it took him a long time to clarify this because it was difficult for him to admit.
“It took forever for you to say you wrote EFF spokesperson because he always talks about the EFF , not that he is a spokesperson of it . It took forever for you to say that eventually . Why is that so ? ... I am sorry about that ... This is a very simple and innocuous issue . I do not understand why you should be cagey about it .”
Sergeant Nkosi said he saved Mr Sibande as an EFF spokesperson because in interactions, EFF topics always come from him, even though he is not a spokesperson.
“When we interact with him most of the time , EFF things always come out of , from his mouth . So I just , I decided to save him as EFF spokesperson .”
Sergeant Nkosi acknowledged within police chat groups a photo was circulating of someone in the police cells, and he shared that photo with General Sibiya on a public platform among police officials.
“It was on public news and it was on the public platform , one , and it was circulating amongst police officials , then I sent it to General Sibiya as well .”
Sergeant Nkosi sent a picture showing that members of Crime Intelligence, including General Khumalo, were arrested and held in custody to Mr Motsumi, who was not a member of SAPS.
“I did not discuss General Khumalo or his people ... The same people who were arrested there ... That is correct ... Including General Khumalo ... Yes ... Because he is there.”
Sergeant Nkosi clarifies that Mr Motsumi is not a SAPS member and questions why he was sent sensitive SAPS information regarding arrests, implying possible special interest or relationship.
“Mr Motsumi is not a member of the SAPS, so you have to have an explanation why you are sending him information about SAPS members being arrested... The only reason you would have sent it to him... is because you knew he would be interested in this story.”
Sergeant Nkosi says he and Mr Motsumi are fans of General Mkhwanazi and share information about him.
“Mr Motsumi and myself, we are the fans of General Mkhwanazi. Each and everything, whether it is bad or it is good about General Mkhwanazi, we share it and we discuss it.”
Sergeant Nkosi sent various reports and investigations about General Khumalo and General Masemola, including one with no mention of General Mkhwanazi, to Mr Motsumi.
“You see that the "ID guns for National Police rogue unit", you also sent that to Mr Motsumi... Page 574.. Just about an investigation into General Masemola and General Khumalo for fraud... but one does not mention General Mkhwanazi.”
General Khumalo is close with General Mkhwanazi, and all matters that could affect General Mkhwanazi's emotions are shared with him directly.
“General Khumalo is close with General Mkhwanazi. So now, each and everything that we think that it might affect the emotions of General Mkhwanazi, we just share it. If it affects him directly, we share it viz-a-viz to him, General Mkhwanazi now.”
Sergeant Nkosi claims that he sent some materials to Mr Motsumi that did not involve General Mkhwanazi, just as others that did involve General Mkhwanazi.
“Most I sent where General Mkhwanazi is involved. But this one, I sent it.”
On 26 June at around 22:11, Sergeant Nkosi sent Mr Motsumi a screenshot of a WhatsApp conversation with General Mkhwanazi following the arrest of General Khumalo and other Crime Intelligence officers.
“on the day of the 26th of June, and at 22:40, you send to Mr Motsumi a screenshot of a conversation, of a WhatsApp chat that you had with General Mkhwanazi. You will find that WhatsApp chat on page 191.”
General Mkhwanazi sent Sergeant Nkosi a YouTube link to the Tupac song "Last motherfucker breathing" following a call at 22:32 on 26 June.
“and then immediately after your call at 22:32, he sends you a link, a YouTube link to a song of Tupac with a great title that unfortunately I cannot mention publicly.”
General Mkhwanazi was sending the Tupac song to Sergeant Nkosi on the day General Khumalo was arrested as a symbolic message meaning he is fighting until the bitter end.
“Yes, that, and General Mkhwanazi is sending that to you on the day that General Khumalo has been arrested.”
Sergeant Nkosi rejects that Mr Motsumi is worried about General Mkhwanazi without having discussed the arrests with him, affirming ongoing discussions about the arrests and feelings involved.
“I differ with your statement. One, Mr Motsumi, he love General Mkhwanazi with everything. So there is no way that I would send Mr Motsumi if Mr Motsumi maybe to celebrate or what. No, no, no.”
Sergeant Nkosi disagrees that the story about sending the Tupac song as a symbolic fight message to Mr Motsumi is false and insists it is a true story based on shared fandom and mutual concern.
“No, it is a true story. ... Mr Motsumi, he love General Mkhwanazi with everything. ... So that is why I am sending him because of myself a fan and him, we are worried.”
Sergeant Nkosi explained that caring about someone emotionally does not require being friends but can come from being a fan, which justifies his concern about General Mkhwanazi's feelings after General Khumalo's arrest.
“according to me, Commissioner, you know when you care about someone and someone is in, or you think that those, or that person is not emotionally okay, and whether you are not, whether you are friends or not, but for the mere fact that you care about that person because you are a fan, you would have interest, man, how is this person feeling after all.”
Sergeant Nkosi sent Mr Motsumi Tupac's lyrics to Mr Motsumi because he was busy annoying him with Tupac's songs on that weekend, not due to concerns about General Mkhwanazi's reaction.
“I said there a reason that I am sending Mr Motsumi Tupac's lyrics is because on that weekend we were riding and I was busy annoying him with Tupac's songs. So when this thing happened, when General Mkhwanazi sent me this, I sent it to him.”
An unnamed speaker asserts that Sergeant Nkosi is not being truthful about the reasons he sent the material to Mr Motsumi; the real reason was due to Mr Motsumi's interest in events involving a faction in the SAPS referred to by Mr Chaskalson.
“The only explanation that makes sense, it is because he had an interest in it, and you are not being truthful in your answer.”
General Sibiya sent Sergeant Nkosi a document on 12 February 2025 containing an email from a journalist querying about alleged relations with kidnapping kingpin Esmael Nangy, and donations received from Nangy.
“On the 12th of February 2025, General Sibiya sent you a document... The document is an email from a journalist... "It has come to our attention that you have had a relationship with alleged kidnapping kingpin Esmael Nangy..."”
Sergeant Nkosi was told about Mr Nangy by people working in Brigadier Ramangwa's team during kidnapping investigations, but not about Mr Matlala in that context.
“I heard about Mr Nangy when I started to work closely with Brigadier Ramangwa. Mr Nangy's name was being discussed ... even not directly with me ... But when we spoke about Mr Nangy, Mr Matlala was not mentioned.”
Sergeant Nkosi denies knowing of any allegation that when Mr Matlala's house was searched for Jerry Boshoga, Jerry Boshoga had in fact been moved to Mr Nangy's house.
General Sibiya forwarded a document enquiry about alleged kidnapper Mr Nangy to Sergeant Nkosi so that he could give it to Mr Matlala, instructing him to send it to Mr Matlala.
Sergeant Nkosi identifies a person as an expert in kidnapping cases who worked with SAPS to solve such cases, mostly collaborating with General Khana and members of the intelligence kidnapping team.
“This person is working in- when I came to organise crime, when we were still working on kidnappings, this is the person whom we were given to work with. According to the head office, he is an expert in kidnapping cases... Mostly he would work closely with General Khana and some members of intelligence kidnapping team.”
There is a suspicion that on 6 December 2024, Mr Matlala was tipped off by someone within SAPS about a planned raid on his house, and potentially others may have also tipped him off.
“there is a suspicion that on the day, the 6th of December 2024, Mr Matlala was tipped off by somebody within SAPS that GCI ops will be raiding his house. And there is a suspicion that you or somebody else may have tipped him off”
Despite forming a task force and NIU investigating the kidnapping case, no results were found at the suspects' address initially, and the complainant was sceptical due to close ties with Mr Matlala.
“but unfortunately, with the task force and NIU, but we did not get anything in those said address. But as we were continuing, because I was personally involved there, Mr Matlala's name kept on popping out. But unfortunately, the complainant was sceptical to talk exactly what is happening, because he was also a closer. He was Mr Matlala's friend.”
Sergeant Nkosi contacted General Sibiya about the kidnapping case and was told the suspect was in Cape Town and that a team would be formed to investigate.
“I immediately contacted General Sibiya and said, hey, there is this case here. I have got the location, I have got the victim, we need to act swiftly. By then, we did not know who the suspect was. General Sibiya said to me, he is in Cape Town, but as soon as he lands, he will make a plan. Indeed, as soon as he landed, he instructed Brigadier Ramangwa to form a team. The team was formed.”
Sergeant Nkosi had constant communication with Mr Matlala on 4, 5, 6, and 7 December 2024 about a kidnapping case in Copperleaf involving a child and the child's mother.
“I remember very clearly. It was the 4th, 5th, 6th, 7th. There was a kidnapping, Commissioners, in Copperleaf, of a kidnapping of a child there, and his mother. I was phoned by the complainant, together with my unregistered informant. They gave me a pin. I quickly responded. I went there, on that particular scene of crime.”
Sergeant Nkosi advised the complainant to give any information directly to Brigadier Ramangwa to prevent leaks.
“I then advised the complainant that the relevant person here is Brigadier Ramangwa. I even, maybe, prefer if you do not even give me anything, because there are a lot of police officials here. We cannot trust that who is leaking information to who and how. That is how I connected the complainant directly now to Brigadier Ramangwa. Telling the complainant now that it is best and better to, whatever that you have, give it to Brigadier Ramangwa, so that the information must not leaking anyhow.”
Brigadier Ramangwa and Colonel Mashabela were involved in investigating the Jerry Boshoga kidnapping issue, interviewing the family and progressing the docket around 4-5 December 2024.
“Now, the issue of Jerry Boshoga pops in now. So, there was a team that was investigating this Jerry Boshoga issue and what so forth. But according to what they were just investigating, maybe verbally, but on the docket, there was nothing. Then Brigadier Ramangwa and another Colonel, I will just remember him now, Colonel Mashabela. They moved in. They met with the family. They interviewed the family. That is when they decided to take the docket. Then from there, they interviewed the mother thoroughly, the wife. The dockets started to move. So now, as it moves, now it starts to be between 4 and 5 of December now.”
Sergeant Nkosi recounts an incident where Mr Matlala stopped a call during a police task force presence at his house, causing concern and prompting immediate contact with General Sibiya.
“During my call with Mr Matlala, I heard him. He said, hey, drop the phone. Task force is in my house. Task force is in my house. I will come back to you. I will come back to you. Then the phone went mute. Immediately, I called General Sibiya.”
Sergeant Nkosi was not aware that there was a parallel investigation team on Mr Matlala, which was mostly composed of KZN officers except General Mkhwanazi.
“I did not know that there was another team that was investigating Mr Matlala parallel. The people who were there is special task force. And most of them is from KZN. I do not know anyone from KZN except General Mkhwanazi.”
Sergeant Nkosi confirms that he told Mr Matlala on 4 or 5 December that the police wanted to interview him in relation to the Jerry Boshoga kidnapping case, implying Mr Matlala knew he was regarded as a suspect.
Sergeant Nkosi states he wanted to put it in a more understandable and decent manner that Mr Matlala was informed by him about being regarded by the police as a suspect in the Jerry Boshoga case.
“I want to put it in a more understandable and decent manner.”
Sergeant Nkosi informed a businessman to come to the police station for an interview related to an ongoing investigation, regarding a Dikgale kidnapping, not the Jerry Bosoga kidnapping.
“I had to inform him ... Not Jerry Bosoga kidnapping. The Dikgale kidnapping ... I did not inform him about that ... It was on the basis of investigation.”
A task force arriving at Mr Matlala's house found him talking on the phone to Sergeant Nkosi, who identified himself as from the Head of Organised Crime under Brigadier Ramangwa.
“the task force arrived at Mr Matlala's house, he was on the phone with a SAPS member ... I have identified myself from head office ... under the immediate supervision of Brigadier Ramangwa.”
Sergeant Nkosi was part of a team under Brigadier Ramangwa investigating allegations related to Mr Matlala and the possible kidnapping of Mr Bosoga.
“you were involved as part of the team under Brigadier Ramangwa ... to investigate the allegations against Mr Matlala or the possible involvement in the kidnapping of Mr Bosoga.”
Sergeant Nkosi maintained that at the time of investigation he was not directly involved with Mr Matlala but would help occasionally when caught up in Masina on another matter, and did not see a conflict of interest due to his close relationship with Mr Matlala.
“At that particular time...I was not directly involved ... I did not see it as a conflict because of the docket carrier ... I did not see any conflict of interest.”
Sergeant Nkosi admitted having a close and intimate relationship with Mr Matlala, seeing him socially, yet not perceiving this as a conflict of interest in the investigation involving Mr Matlala.
“Given your close relationship... you go biking together, you visit each other ... I did not see it as a conflict of interest.”
Sergeant Nkosi confirmed that the docket relating to Mr Bosoga had little information, and he had access to this docket and could inform Mr Matlala about it.
“I said earlier that the docket, there was nothing in the docket. ... Yes.”
Sergeant Nkosi confirms awareness of allegations that Mr Bosoga was moved to Mr Nangy's house by the time police arrived at Mr Matlala's house during the operation.
“I am aware of the allegation being made ... Yes.”
Sergeant Nkosi did not see or acknowledge a conflict of interest in his involvement investigating Mr Matlala despite their close relationship, despite counsel suggesting he should have excused himself.
“You are putting a conflict position ... I did not see or think that you should not be involved ... I did not see any conflict ... I did not.”
Sergeant Nkosi admitted he sent an email about the Nangy enquiry to Mr Motsumi, a businessman concerned about safety and security in South Africa.
“One of the reasons that I am sending some of the stuff, especially on crime, to Mr Motsumi , one is because he is a businessman and being a businessman, he also has interest on the safety and security of the inheritance of South Africa .”
The allegation is that the so-called expert advisor, who the police were engaging, was paid by Nangya, not that the police were paid by Nangya.
“the allegation here, as I read it, is not that the police were paid by Nangy. It is that this expert so-called advisor who the police were engaging was paid by Nangy.”
Sergeant Nkosi shares material involving police wrongdoing selectively with Mr Motsumi, because he believes Mr Motsumi has an interest in what is happening in the country.
“I sent to him because he is got an interest in what is happening in the country.”
Sergeant Nkosi acknowledges selectively choosing what information to send to Mr Motsumi and does not send everything that comes to his attention or is in the public space.
“you were selective in what you sent to him. You did not send him everything and anything. That is a fair assumption to make. You chose what it is that you sent to him.”
Sergeant Nkosi denies that the communication with Mr Motsumi was just because Mr Motsumi is interested in the safety of inhabitants, stating that is an unsatisfactory explanation.
“that you were just sharing with him because he is interested in the safety of the inhabitants of this country. This does not deal with safety of inhabitants of this country. ... I want to say that it is not as it looks that I am sending sensitive information to Mr Motsumi.”
Sergeant Nkosi acknowledges forwarding internal SAPS reports about arrest relating to business robberies in Mooinooi in the Northwest to Mr Motsumi.
“you forwarded to Mr Motsumi an internal SAPS report about a series of arrests relating to business robberies in Mooinooi in the Northwest, an internal SAPS report.”
Sergeant Nkosi shares a great deal of confidential SAPS information with Mr Motsumi, which looks like leaking information to enable Mr Motsumi's own activities.
“there is a great deal of confidential SAPS information that you share with Mr Motsumi. And certainly, from the outside, it looks like you are leaking SAPS information to him so that he can take advantage of it in his own activities.”
Sergeant Nkosi denies leaking sensitive SAPS information to Mr Motsumi and says he only shares because of a love for the country and concern about safety and security.
“That is not true. ... Mr Motsumi has got no interest in these criminal reports that I send him... I am just sharing with him because of the love for the country and his concern about the safety and security of the Republic.”
Sergeant Nkosi shared the audit report with Mr Motsumi because he knew Mr Matlala owed Mr Motsumi money and would be concerned if the contract was terminated.
“you said you shared the audit report with Mr Motsumi because you knew that Mr Matlala owed him money and that he would be concerned if Mr Matlala's contract with SAPS is terminated.”
Sergeant Nkosi shared an audit report specifically for Mr Motsumi's benefit because Mr Motsumi is concerned about criminality and crime in the country.
“specifically asked you for whose benefit were you sharing that audit report and you said for Mr Motsumi's benefit”
Sergeant Nkosi often discusses crime, progress, and growth with Mr Motsumi, which is why he shares crime-related documents primarily with him.
“I think it is on the basis that I often discuss with him about these things that are happening around. We discuss crime, we discuss progress, we discuss growth and so forth. That is the reason sometimes I see it fit only send to him.”
The document shared by Sergeant Nkosi was not a confidential SAPS document at the time he sent or received it because it was already circulating on social media and the news.
Advocate Baloyi SC stated the document in question was an internal SAPS communication addressed to a General.
“This is internal SAPS communication. Somebody reporting to someone internally. You did not pull this from the media. It is an internal SAPS-write-up.”
The document, identifying suspects, was shared by Sergeant Nkosi with Mr Motsumi on 27 May, which is against the SAPS practice of not identifying suspects before court appearance.
“No. Now, looking at this document, it identifies suspects. And remember it is the 27th of May when you shared it with Mr Motsumi.”
The document containing the suspects' details was shared with Mr Motsumi on 27 May before public notification on 29 May 2025, so it was confidential and not public domain.
“all suspects will appear in Brits Court on the 29th of May 2025. But you, on the 27th of May, have already shared this document including the details of the suspects with Mr Motsumi. So, you cannot be correct when you say it was already in the public domain”
Sharing the complainant's name, address, and cellphone number, as well as witness details, is internal SAPS information and should not be disclosed to the public or civilians like Mr Motsumi.
“this document has the name and the address of the complainant... It tells Mr Motsumi, who is the complainant. It gives him the address, and it gives him the cellphone number of the complainant ... It also has the details of a witness. Gives the name of the witness and says where the witness is. That is information that you share with a member of the public whose interests you have not clarified to us... This is internal SAPS information that is never shared with the public.”
The document lists detailed stolen property including serial numbers of pistols and rounds, and the names and dates of birth of suspects including their nationalities and case involvements.
“It lists the details of what exactly was stolen. The truckloads of chrome. Pistols. It even gives serial numbers of pistols. And the number of rounds ... It has names and dates of birth of suspects following their arrests ... It also says they are involved in certain case numbers ... It lists them at the bottom of that page and then at 596 ... it also says when the suspects will appear ... It says investigations will continue to track the buyer and tracking of the stolen chrome.”
Sergeant Nkosi insists he is not shy about sending a classified document to Mr Motsumi and packages the document as both allegations and praise about police work.
“I am not shying away from sending a classified document... I am sending this to Mr Motsumi to praise the good work the police have done... I am sending this in the sense that the police have done a good job, or at least they have arrested people.”
Sharing internal police information with Mr Motsumi, including witness names and complainant details, cannot be justified by his interest in crime and shows lack of openness about the reason for sharing such information.
“Here you are you have shared with Mr Motsumi ... you give him the name of a witness, for example, and the cellphone number and the address of a complainant and of a witness... There is another reason you gave it to him, and you are not open and frank about why you gave him that information.”
Sergeant Nkosi says he is sending the document to Mr Motsumi to praise the police good work despite allegations against police.
“I am sending this to Mr Motsumi to praise the good work that the police have done... Even though I send allegations against the police, I am also sending you good things that the police have done. This was already in public, but for me, I am sending it in that sense that the police have done a good job... they have arrested people and whatsoever.”
Sergeant Nkosi admits that the name and cellphone number of the complainant and witness are not typically known to the public and sharing them raises concerns.
“Why did you need to know the witness name? ... Why did you need to know that the police have recovered pistols with serial numbers? Why did Mr Motsumi need to know that kind of information?”
Mr Mnisi wanted to meet Sergeant Nkosi and Mr Mashile in January 2024 to coordinate peace between Mr Mnisi and Mr Lekukela due to their conflict at Tshwane.
“It was a peace meeting where I was supposed to coordinate between Mr Mnisi and Mr Lekukela”
General Shibiri introduced Sergeant Nkosi to an informant who had information about kidnappers and illicit cigarettes sourced from Zimbabwe.
“He informed me that this one has got information of the kidnappers. That was according to General Shibiri. And he also got the information about the illicit cigarettes that had been sourced from Zimbabwe”
Sergeant Nkosi conducted verification operations in Limpopo and Centurion related to addresses connected to kidnappers and illicit cigarettes, and reported findings to General Shibiri.
“The first operation was in Limpopo. ... I took the photo to General Shibiri ... I went to another address again in Centurion, I took picture, location, send to General Shibiri”
Sergeant Nkosi wrote down and photographed an address given by the informant where people were being held against their will, and sent it to General Shibiri.
“I wrote it on a diary, and I took the same picture and sent it to the General”
General Shibiri briefed Sergeant Nkosi about the informant and the addresses that the informant would point out, alleging irregularities at those addresses.
“General Shibiri briefed me first in the presence of the informant, that this informant is going to show you the said addresses that he alleges that there is irregularity there”
Advocate Chaskalson alleges the story about the timeline of meetings and photographs with the informant is false and logically inconsistent, because the photograph was taken in June 2025 but communications started in February 2024.
“That story's false ... photo taken on the 13th June 2025 ... communicating ... since the 14th of February 2024”
Sergeant Nkosi asserts that he was introduced to the informant by General Shibiri and insists his version of the dates and meetings with the informant is accurate, denying any deceitful intent.
“I still stick to my gut when I say the said informant was introduced to me by General Shibiri ... I still put it to the Commission that what I say is what transpired ... I did discuss it with General Shibiri because he is the one that we introduced to meet this person.”
Adv Chaskalson challenges Sergeant Nkosi's timeline, stating it is impossible to mistake the spacing of the meetings as one week apart rather than 4-10 months apart.
“I do not think it is possible to make a mistake of this nature ... those meetings would have to be 4 to 10 months apart, not one week apart.”
Adv Chaskalson asserts that the photograph taken by Sergeant Nkosi shows a SAPS screen containing a SAPS officer's service number, home address, and email address, which implies whoever took the original photograph had access to a SAPS internal computer.
“If you look at the picture, it is a SAPS screen. It has the service number of a SAPS officer. It has the home address of a SAPS officer. It has the SAPS email address of a SAPS officer. So whoever took the original picture that you photographed would have to have been someone with access to a SAPS computer.”
Sergeant Nkosi agrees that the photograph shows SAPS internal data and acknowledges he does not know how the informant from Pakistan obtained the picture.
“Yes, I do agree ... Not my informant ... That is the reason I raised it up with him.”
Adv Chaskalson states that the chats between Sergeant Nkosi and the informant from Pakistan were not included in the initial evidence bundle and their relevance only became clear once the photograph evidence was presented.
“This informant chats with Sergeant Nkosi certainly are not in the bundle ... I did not realise they had any relevance whatsoever until this evidence was given.”
Mr Ngoato disputes the claim that Tshwane documents were provided three weeks ago stating that the documents were only delivered to his office the preceding Friday and that new documents have been continuously arriving, causing difficulties in preparation.
“The documents on Tshwane were only delivered on my office this Friday. ... New documents were now surprisingly brought up ... just as we are continuing with it, new documents tried to slip into my files this morning ... This cannot be accepted.”
Adv Chaskalson confirms the Tshwane documents were provided electronically three weeks ago but the paginated bundle was only delivered physically recently; thus, the documents were available to Mr Ngoato earlier though he claims otherwise due to not reviewing the electronic versions.
“The Tshwane documents ... were provided electronically ... about three weeks ago ... What Mr Ngoato got was the paginated bundle on Friday ... The documents forming part of the paginated bundle had been sent to him electronically weeks before Friday ... So his complaint that he has not seen these documents before is factually incorrect.”
Adv Chaskalson states that giving all documents from Sergeant Nkosi's phone to Mr Ngoato would be impractical, so a filtering process is exercised based on relevance and fairness, and the chats are only relevant to disproving Sergeant Nkosi's answer about meeting dates.
“If I were to give ... everything that we have downloaded from Sergeant Nkosi's phone ... that will be thousands and thousands of documents ... So we exercise some sort of filtering process ... This chat that we are talking about is relevant only to disprove the answer that the witness has just given now ...”
Mr Ngoato denied ever being electronically shared the documents and said he printed everything he received and took an effort to ensure it.
“The documents were never shared with us. On the 3rd of March is when I responded to the affidavit that the Commissioner requested that I should submit.”
Mr Ngoato expressed frustration over the continual emergence of new documents in the questioning causing issues of credibility and the burdensome task of handling thousands of pages without sufficient time.
“And the reason I raised this issue is the continuing trend that every single time a line of questioning come up, I allow the witness to finish answering it, but then becomes an issue of credibility at the end of the line of question to say, no, you are actually lying or what you are saying is false. Because if we pull out the following documents, we will prove you wrong… new documents are revealed and revealed … I indicated to you, it was not just a bank statement. It was also written statements and again it was a manner in which it was trying to sneak into my file giving somebody who is not even a member of the law firm to go and edit my files…”
Mr Ngoato rejected the notion that documents could be added to his file without his knowledge and stressed the need for prior consent for any additions.
“The decency and the collegiality will require you come to me as an attorney of record. These are the additional records that we want to have. You do not go to my files without my knowledge and want to put it in there.”
The evidence leaders exercise discretion in selecting which documents out of a large volume are relevant and will share documents if they become relevant during proceedings.
“Mr Chaskalson said of those, he was going to use only 1300 and something pages...they often use their own discretion with regard to what they consider to be relevant...fairness do dictate...the documents should then be shared if and when that arises.”
Mr Ngoato requires a heads-up when a document has not been shared with him so he can request access to it to avoid ambush during testimony.
“Simply what I am required is that if you are to refer to a particular document and you are aware that you have not shared that document, just give me a heads-up...and share the document with us.”
It is unfair and prejudicial for a witness to be ambushed with documents they had not previously seen, which damages their credibility in answering questions.
“I do not appreciate and it cannot be fair that my client is being ambushed on documents that he had never had sight of and he is being told you are not telling the truth, because this goes into his credibility in terms of answering.”
A witness cannot testify with impunity on documents their attorney and counsel have but which are not included in the bundle until the witness testifies down a relevant line.
“A witness cannot be entitled to testify with impunity in relation to documents which his attorney has and which I have, but which are not in the bundle...we did not anticipate the documents were going to be relevant until the witness testified down a particular line.”
On 22 January, Mr Chaskalson provided Mr Ngoato with a memory stick containing every chat including hundreds of other chats, and the documents were only bundled for cross-examination two weeks ago.
“On the 22nd of January, we gave Mr Ngoato a memory stick with every chat we have...We did not believe they were going to be relevant until the witness presented certain answers...Everything in the bundle was made available to Mr Ngoato two weeks ago.”
Sergeant Nkosi's informant had access to SAPS personnel computer systems and was in possession of SAPS personnel details meant to be confidential.
“He knows people inside SAPS who are going to leak SAPS personnel details...that informant is in possession of information that he should not be in possession of.”
Sergeant Nkosi informed General Shibiri about the informant leaking SAPS personnel information but took no further steps against the informant.
“I informed the matter to General Shibiri...Did you take any steps against this informant? No...Because I referred the matter back to General Shibiri...I was expecting such to be done by him...he said to me he would make a follow-up.”
The informant wanted to communicate an address where kidnappers were holding people against their will, and chose to do so by providing the SAPS personnel screen giving the address details of a SAPS officer.
“the informant to give you an address where the informant said he had heard kidnappers were holding people against their will ... by providing you with a SAPS personnel screen, giving the address details of a SAPS officer”
The address given was that of an officer investigating Mr Matlala and Mr Molefe, but Sergeant Nkosi denied knowing this at the time and not making a follow-up.
“this address, as you well know, is the address of an officer, the home address of an officer, who was investigating Mr Matlala and Mr Molefe . Do you deny that you knew that? ... At that time, I did not know. I only knew that when this information was provided to me by the Commission. But at that time, I did not know, nor make a follow-up on it.”
Sergeant Nkosi gave the address only to General Shibiri and possibly no one else, consulting with General Shibiri at his office and likely sending it via WhatsApp or otherwise.
“the only person you gave this address to was General Shibiri ... I went and consulted with him at his office ... I must have WhatsApp this picture to General Shibiri ... I might have sent it to him ... Usually when I talk, I also send it.”
The picture of the address was not sent to General Shibiri via WhatsApp as there was no WhatsApp trace of it on Nkosi's phone but was sent by some other means such as calls, though Nkosi stands by having sent it.
“this address was not WhatsApp'd to anybody ... It is saved on your phone. It is a picture taken by you, but it is not linked to any WhatsApp ... We use WhatsApp. We use calls ... I stand by my statement. I did ... I might have.”
Sergeant Nkosi sent General Shibiri the informant's information to ask him to make a follow-up as the informant refused to reveal particulars of those who gave him the information.
“I wanted him to make a follow-up ... because the informant refused to tell me about the particulars of those people who were giving him information. That is the reason I was referring the matter to General Shibiri, with the mind that the informant might have maybe a better comfort with him to tell him who are those people who gave him such.”
Sergeant Nkosi denied leaking information to people unhappy with the investigating officer's inquiries into Mr Matlala and Mr Molefe.
“there are several people who were not happy with what this officer of the SAPS was doing in his investigations ... And if you were leaking information to those people, you would have a huge incentive to lie about what you were doing. ... That is not true.”
The follow-up on the addresses received from the informant showed that there were no persons residing there and that observation by Intelligence was needed to have a successful operation.
“I said those addresses compared to that one of Limpopo, they look quite the same. Nobody had been staying there for quite some time. We need observation to have a successful operation.”
Sergeant Nkosi had the address of the location before receiving a picture from the informant, so he did not need the informant to send the picture but accepted it as additional information.
“So you did not need this from him? ... Because you went to the place, you had the address, you say you take pictures of it... I did not need it... He provided it to me, so for me it was advantageous.”
Sergeant Nkosi was physically shown a location by informants during an investigation, and he took pictures and pin drops to General Shibiri as part of the follow-up investigation.
“The informant showed me the place... I would take a photo, pin drop to General Shibiri.”
General Shibiri sent photographs to Sergeant Nkosi, contrary to Sergeant Nkosi's claim that he was the one who sent pictures to General Shibiri; Sergeant Nkosi claims this is false information and expresses suspicion about the source of these photos.
“These photographs are in fact sent from General Shibiri to you ... It is false information ... I am the one who sent the pictures to General Shibiri... It makes me suspicious.”
The date of the photos and the timing of Sergeant Nkosi's second meeting with the informant are inconsistent by 16 months, which Sergeant Nkosi attributes to a possible human error in communication documentation.
“If we compare the date of the photograph at what you say was the second meeting ... that date is June 2025... might have been an error on my side ... a human error.”
Sergeant Nkosi states he personally visited the property with a colleague and used a vehicle equipped with AVL, supporting his presence at the location, but he denies sending the pictures to General Shibiri, stating he sent them, and suspects that the photos being sent from Shibiri to him is due to someone else downloading and reversing the messages.
“I am the one who went there... I had a witness ... I took the picture and sent the location... I know I am the one who went there... I think there is a problem with the person who downloaded this album... I am the one who sent it.”
General Shibiri communicated to Sergeant Nkosi via WhatsApp about the address details of a foreign national renting property in Jane Furse, including living there and keeping cigarettes on the premises.
“General Shibiri WhatsApp'd you the address in Jane Furse Limpopo, and he says, he gives you a name, a foreign national, he is renting property, he lives there and also keeps his cigarettes stock on the premises.”
Sergeant Nkosi insists the pictures are false and denies that General Shibiri sent the pictures to him; despite the AVl technology supporting his location, the pictures supposedly sent from Shibiri to him are false information.
“The pictures are false... even the AVL will not help us... I am the one who sent him the pictures.”