Hearing day 106

Warrant Officer Marumo Joseph Magane was present at the beginning of a drug bust operation in Aeroton and received the tip-off to attend the drug bust.

“Warrant Officer Magane, who was right at the beginning when the tip-off was given to attend the drug bust”

Warrant Officer Marumo Joseph Magane has a statement consisting of 131 pages, which he has read, considered, and confirmed his signature on.

“your statement is 1310 pages . And if you go to the last page of that document, you will see that there is a signature under, can you confirm that that is your signature ? On page 12, I can confirm that this is my signature .”

Warrant Officer Marumo Joseph Magane clarified that his surname was previously spelled incorrectly as Mogana, but he recently rectified it to Magane by 2021, his correct surname.

“When I first applied for my identity document, it was back then in 1991. My surname was wrong spelled as Mogana. So I recently rectified my surname to Magane . So when the incident took place in 2021 , I was, my surname was still written as Mogana . So that is why you will see now it appears as Magane, which is the correct one.”

Warrant Officer Marumo Joseph Magane joined the South African Police Service on 5 October 1988 as a Student Constable and has held multiple positions in Pretoria West Police Academy, Alberton Visible Policing, Alberton Detectives and CIMAC office since 1 January 2005.

“I am employed as a police officer stationed at Zonkizizwe SAPS and currently attached to CIMAC offices since the 1st January 2005 . I then joined the South African Police Service on the 5th October 1988 as a Student Constable . I attended my basic training in Pretoria West Police Academy and completed my basic training on the 12th November 1999 . I then worked at Alberton Visible Policing, which is also known as Vispol, until the 30th June 2003 . I then took a transfer to Alberton Detectives from the 1st August 2003 until the 30th December 2004 . I got promoted to the rank of a Senior Constable at Zonkizizwe Crime Prevention . I was then transferred to CIO, which stands for Crime Information Office, currently known as CIMAC, which also means Crime Information Management Analysis Centre, from the 1st September 2005 until current.”

Warrant Officer Marumo Joseph Magane explained that CIMAC is responsible for crime statistics compilation, their escalation to the cluster level and onwards to the national office; CIMAC members do not conduct investigative work except for some searches and seizures.

“This is an entity that is responsible for our crime stats. The stats that are released quarterly, they are our custodians... We are responsible for that. So we compile them, then escalate them to the cluster level. Then from the cluster, they will be consolidated and sent to province... That until it reaches the national office... I do not do any investigative work. ... I do searches and seizures. I am also operational.”

Warrant Officer Marumo Joseph Magane described his duties as supervising members, monitoring data integrity, disseminating analysis products to relevant role players, conducting environmental scanning at crime hotspots, taking photographs of features contributing to crime, and interviewing complainants, witnesses, and victims to ascertain causative factors.

“My duties are as follows: To supervise members and monitor data integrity at the station... To disseminate analysis product information to the relevant role players... To conduct environmental scanning at hotspots... Take photographs of relevant features identified as factors contributing to crime... Interview complainants, witnesses, victims of a crime that has been reported.”

Warrant Officer Marumo Joseph Magane clarified that conduct of environmental scanning involves visiting spots highly hit by crime to ascertain causative factors, advising operational managers where to focus, and providing more information on causative factors.

“This talks to visiting spots that are highly hit by crime, where prevalent crimes are happening. So I must visit those spots, ascertain what are the causative factors and so that when I advise the Operational Manager as to where to focus and maybe give more information as to what are the causative factors.”

Complaints of crimes come to the Crime Scene Coordinator (CSC), then an investigator is appointed who takes further statements to verify the crime details, because some complainants tend to lie.

“The complainant will come to the CSC. Then, after reporting the case, the same complainant will be referred to my offices so that I can get more information, because some complainants, they tend to lie.”

Warrant Officer Magane attends active crime scenes and is considered an operational member who receives a danger allowance, which is only paid to operational members; non-operational members do not get this allowance.

“Yes, I do. I am operational. I am also getting a danger allowance, which is only paid to operational members. If you are office bound, you do not get such an allowance.”

Warrant Officer Magane's duties include verifying if the crime reported by complainants matches reality, for example uncovering cases where a person reported hijacked was not actually hijacked but handed over the vehicle to someone else.

“Page 11 of 213 was hijacked at a certain spot, but when you drilled deep into that information, you find that that person was never hijacked. Instead, maybe he handed over the car to someone else. So that is the duties that I do.”

Warrant Officer Magane conducts observational duties outside, reacting incidentally when he perceives crime in progress, which justifies his operational status and danger allowance.

“Suppose when I am doing observation, observation are done outside. Maybe I am there and I see something that maybe a crime is being committed, so I must act. In that sense, I am operational and I am, besides, I am not confined. The duties that I am doing, they do not limit me for being involved in other operations.”

Warrant Officer Magane's involvement in attending to crime scenes is incidental, not part of his day-to-day work, but part of his daily duties is environmental scanning and driving around to detect new potential criminal opportunities, reporting these to the Station Commander.

“I am not every day outside and … doing crime prevention duties... it is part of my daily duties. Because this is required that I give feedback. I give feedback to the Station Commander. Even if there is no crime that is prevalent at a certain spot, but I must drive around and see if there are no new features that might end up maybe giving opportunity to criminals.”

Warrant Officer Magane has participated in a dagga bust but had no prior experience with drug busts before that.

“No, prior to that, the only thing that I did information was about Dagga, not specifically drugs... I am saying I was involved in a, or like a Dagga bust.”

Warrant Officer Magane's responsibilities include interviewing suspects arrested for serious crimes to get more information, compiling profiles of suspects arrested for serious crimes, compiling crime statistics reports over various time frames for comparison, conducting briefing and debriefing of shift members, compiling reasons for crimes and shift displacement of crime documents, and compiling linkages and association analysis.

“- : “ • Interview suspect arrested for serious crimes for more information. • Compile profiles of suspect arrested for serious crimes. • Compile monthly, quarterly, semester, and annual crime statistics reports in comparison with the same report for the previous year. • To conduct briefing and debriefing of shift members. • To compile reasons for the crime and the shift displacement of crime document. • To compile linkages, association analysis based on the metrics, profiles, and other information.””

On 9 July 2021 at about 06:25 a.m., Warrant Officer Magane received a call from Deputy Chief Director Samuel Mashaba of Gauteng Traffic Police regarding information about a truck allegedly carrying drugs near Roodekop next to Leondale area under Alberton SAPS. Warrant Officer Magane was unable to assist immediately but promised to try to get members from the Dog Unit. He called Sergeant Maja from SAPS Ekurhuleni K9 Dog Unit but was told Maja was sleeping as he had worked a night shift previously. Warrant Officer Magane clarified that Sergeant Maja is from SAPS Ekurhuleni K9, not Ekurhuleni Metropolitan K9.

“It was on Friday, the 9th of July 2021 at approximately 06:25 a.m. when I received a call from Chief Samuel Mashaba. Chief Samuel Mashaba works at Gauteng Traffic Police and holds the rank of a Deputy Chief Director. Chief Mashaba called me regarding information about a truck which was allegedly carrying or transporting drugs. He was asking me for assistance or manpower and so to say in order to follow that information. According to his information, the alleged truck was somewhere around Roodekop, next to Leondale area, which falls under Alberton SAPS. It told Chief Mashaba that I was still busy at my station, at Zonkizizwe, so I was not able to assist him immediately, but I promised him that I would try some members that I know from Dog Unit. In this regard, I called Sergeant Maja from Ekurhuleni Metropolitan Department Dog Unit, which is EMPD K9. But he unfortunately told me that he was sleeping as he worked a night shift the previous night. It then called Chief Mashaba back to give feedback from Sergeant Maja.””

Warrant Officer Magane knew Deputy Chief Director Samuel Mashaba prior to the incident as an acquaintance through a former colleague; they were not friends but sometimes met at parties.

“I met Chief Mashaba through a colleague of mine. I would simply say Mashaba it is an acquaintance person. We were not friends, but we used or, but we used to meet maybe when there is a party or, but I met him through a former colleague. That is how I knew him.”

Warrant Officer Magane contacted Sergeant Maja from SAPS Ekurhuleni Drug Unit for assistance during the incident because Maja works with drugs-related cases.

“Like I said, I called Sergeant Maja, who is working with drugs. He is actually on the Drug Unit.”

When Warrant Officer Magane received the call from Chief Mashaba, 'manpower' referred to other police officers to come and assist because Chief Mashaba was alone and requested support; also, Mashaba asked him to come and assist himself if available.

“Manpower, he actually wanted other members to come and assist him. He requested other police officers to come and assist him and because he was alone... No, he was also asking me to come and assist if I am available.”

A member belongs to K9 unit at Ekurhuleni and is specialized in handling drug detection dogs within K9 unit.

“No, he belongs to K9 at Ekurhuleni.”

The K9 unit has special dogs for different detection tasks such as drugs, DNA, and tracking of suspects and firearms.

“the dog that he is handling specializes on drugs. These drugs, these dogs differs. You get dogs for DNA. ... then you get dogs for tracking, then you get dogs for drugs.”

Chief Mashaba calls the witness for assistance with manpower, and the witness confirms this is within his function to work outside the station when required.

“when Chief Mashaba calls you for assistance with manpower, you say, that is what you say. That is correct,”

The request for assistance from Chief Mashaba does not fall under the witness's listed functions in paragraph 3, which include duties from 3.1 to 3.10, such as environmental scanning and dealing with crimes at scenes.

“It does not fall under paragraph 3.”

Chief Mashaba's request for assistance fell outside the jurisdiction of the witness's station, because Chief Mashaba was at Londi in Alberton, while the witness's jurisdiction was Zonkizizwe prison.

“the CSC members are only allowed to work within our, the jurisdiction or the prison of Zonkizizwe. So when Mashaba was asking this assistance, he was at Londi, Londi which falls under Alberton.”

When the witness received the call from Chief Mashaba, he was at the station visiting the on- and off-parade as a duty officer, which involves inspecting operations during shift changes.

“When I received the call, I was at the station, visiting the station as a duty officer. I was visiting the on- and off parade, like when the night shift changes where, as a duty officer, you are sometimes expected to inspect whether everything is in line with the operations.”

At the location after being called by Chief Mashaba, the witness met Chief Mashaba and a gentleman named Mr Tumelo Nku, who was introduced as an informant and explained information about a truck allegedly carrying or transporting drugs.

“Upon my arrival at the said location, I met Chief Mashaba driving a grey VW Golf 7 and another gentleman unknown to me driving a charcoal BMW 7 series... This man came to be known to me as Mr Tumelo Nku... After a detailed explanation of the information by Mr Nku, Chief Mashaba further requested Mr Nku to further explain the information to me in detail.”

Contrary to transcript wording, only Chief Mashaba and the witness went inside the truck stop at Yellow Jersey Company, Mr Nku was left behind.

“I think here the statement, it is only me and Chief Mashaba who went to that truck stop, not Mr Nku. Mr Nku was left behind.”

Chief Mashaba was driving a grey VW that was a police vehicle.

“No, it was a police vehicle.”

The alleged drug-carrying truck arrived at Roodekop industrial area in Alberton on Thursday the 8th, with registration and container details shown to the witness via Cellphone by Mr Nku.

“A truck which was, which arrived the night before, which was on Thursday the 8th, ... Arrived at Roodekop ... This truck was allegedly carrying drugs or transporting drugs. He also showed me the registration number and the number of that alleged container on his cell phone, showed me the picture of that container and the truck.”

Mr Nku is the informant of Chief Mashaba.

“Informant, yes. ... Mr Nku, that is correct there.”

Mr Nku used to work at Transnet and had information about a truck due to Transnet's role in container transport from harbours, but the source of the informant's information was never interrogated in detail.

“Mr Mashaba explained to me that Mr Nku used to work at Transnet, so he still have information about Transnet matters... According to the information that was given to me ... I then assumed that he got it maybe through his source or in whatever way. ... I did not go deep into getting more information from Mr Nku as to how is he getting this information, because he was no longer working at Transnet.”

The Yellow Jersey Company is a logistics company contracted to Transnet to transport containers from the harbour to various places including Roodekop industrial area.

“Transnet, I meant the containers that comes, Yellow Jersey was contracted to transport containers from the harbour to various places. So that is Transnet Harbour.”

Warrant Officer Magane introduced himself as a member of SAPS and showed his appointment card when introducing himself at the scene, while Mr Mashaba also introduced himself but did not produce an appointment card.

“We introduced ourselves by showing them our appointment cards and we also told them that we are from the police ... It is only me who produced ... Yes … Mashaba also introduced himself”

Mr Mashaba was the senior officer in charge during the incident.

“Mr Mashaba, he was the senior ... So he is in charge? Yes, that is correct, Commissioners.”

At the premises, Magane and Mashaba met a man named Hardug who was the manager of the place, explained their presence as protocol and the reason for their visit.

“The security guards then referred us to their manager inside the offices. We found a male person by the name of Hardug, who confirmed that he was the manager of that place. We then introduced ourselves as protocol and explained the reason for our presence at the premises.”

Warrant Officer Magane explained that 'protocol' means introducing themselves as police and stating their reason for visit upon entering premises.

“As required, when you enter a premises, you must introduce yourself if you, as a police, and the reason for your visit.”

Magane and Mashaba informed Mr Hardug that they were following information about a truck carrying a container from Durban that was suspected to be carrying drugs, but they were unsure of the quantity.

“We explained to him that we were following information about one of their trucks which was carrying a container from Durban and that according to the information at our disposal, the container was carrying drugs, but we are not sure about the quantity of those drugs.”

Mr Hardug did not know the contents of the container and requested that at least the truck be followed or escorted to the customer so that it could be opened in front of the owner of the merchandise, which Magane and Mashaba agreed to.

“Mr Hardug explained that he does not know the contents of the container, and we requested him to open the container, but he pleaded with us to at least follow or escort the truck to the customer, so that we can open it in front of the owner of the merchandise inside the container. This seemed like a reasonable request, and we agreed to the suggestion.”

The intention of the police was to call all relevant role players, including DPCI and national SAPS office, to come and process the scene if drugs were found, rather than seizing drugs immediately.

“No, no, no, we were going to phone all the relevant role players to come and process the scene ... We were going to source assistance from DPCI, the national office ...”

The 'relevant role players' that would be called included the national SAPS and DPCI.

“National SAPS, that is correct, and DPCI.”

If the container had been opened and drugs found, the police planned to cordon off the scene to secure it for further investigation.

“We were going to cordon the scene ...”

If drugs inside the container were not visible due to wrapping, K9 or other experts would be called to detect the drugs.

“We would have called K9 or other people who have experience in this field.”

The police would not have opened the container without reason but would have called K9 experts after opening the container to verify the information of drugs inside.

“No, we were going to wait for them to come in ... To verify the information ... After opening the container, we were going to source relevant K9 people to come in.”

Mr Hardug requested the police to follow or escort the truck to the customer so the container could be opened in front of the owner, which the police agreed to and arranged for security personnel to accompany to ensure safe delivery.

“Mr Hardug explained that he does not know the contents of the container and we requested him to open the container, but he pleaded with us to at least follow or escort the truck to the customer so that we can open it in front of the owner of the merchandise. I also suggested that Mr Hardug can also send their security personnel to accompany us to make sure the truck reaches its destination safely, and he agreed.”

Police explained to Mr Hardug that they had information that a truck carrying a container from Durban was carrying drugs, although the quantity was uncertain.

“We explained to him that we were following information about one of their trucks which was carrying a container from Durban, and that according to the information at our disposal, the container was carrying drugs, but we are not sure about the quantity of those drugs.”

Warrant Officer Magane believed Mr Hardug's information that there were drugs in the container, which is why they took extensive measures regarding the container.

“That is correct, Commissioner.”

Information can be false and must be verified before becoming positive evidence.

“information only become positive when you have verified. Sometimes information can be false”

Despite information suggesting illicit drugs were in the truck, the police allowed the truck to be moved from its parking spot to avoid opening the container without owner's consent as the person present was not owner, and they had no search warrant.

“Because, you see, the owner of the premises actually was not giving us a consent to open the container as he was not the owner. So we fell into that trap that, no, let us follow this container to its destiny, destination, so that upon our, upon its destination, then we, the owner then he can give us permission to search, because we were not having a search warrant.”

Warrant Officer Magane personally agreed to escort the truck after their request was accepted.

“That is correct, I did agree with ...”

Magane did not call the intended customer or cordon off the area as a crime scene despite having reasonable suspicion of suspicious material in the cargo.

“What was stopping you from saying, call the intended customer, we are cordoning off this area, let him or her or them come here because this is a crime scene because of your reasonable suspicion? Was it not something that you could have at least reasonably done?”

Warrant Officer Magane's team did not have a search warrant and was concerned about civil claims if they searched without consent, so they decided to follow the truck to its destination instead of applying for a search warrant.

“because we were not having a search warrant. So section 22 give a provision that if you have got a reasonable suspicion and you want to search the premises, if the owner of the premises is not giving consent, then you are going to sit with a problem ... We then apply for a search warrant, if that is a option ... I think it was an oversight from us because he is suggesting for us to follow the truck until its end destination. We felt that at least we were getting cooperation from him, that is why we decide to follow the truck until to the destination”

Warrant Officer Magane and team found the container and truck, but did not find anything inside the container when opened.

“you find the container, you find the truck. But there was nothing inside”

The truck was parked with other trucks at Yellow Jersey, and the team moved from one potential crime scene (premises of the truck) to another (destination) without searching the entire premises with full resources.

“there were other trucks that were parked there ... you see my difficulty is that if you moved that truck as you did and you followed it to its destination ... had you brought in the entire team, including the sniffer dogs and whatever, they could have searched the entire premises”

Warrant Officer Magane accepted the risk of moving the truck without a search warrant and without knowing full risks, including the possibility of illicit drugs being taken by others.

“I accept that and I take this as, I do not take this, I take this as serious and definitely if something might have happened, but God forbid it never happened. But there were possibilities ... That possibility arises because you have already now told Mr Hardug that there are drugs in this truck. That possibility that in fact you could potentially have ended up with these illicit drugs being taken by somebody else, because now you have shared the information that this truck is carrying drugs ... I will be honest with you, that we did not think of. But possibilities, I do not rule out the possibilities of that happening .”

Mr Hardug informed the team that the truck was destined for Aeroton at Scania, Aeroton, but Warrant Officer Magane did not know the specific location of Scania within Aeroton.

“he said this truck was destined for Aeroton, at Scania in Aeroton ... but I did not know the place where this, the place where Scania is located”

Warrant Officer Magane knew the distance for escorting the truck to destination as between 20 and 25 kilometres.

“I knew the distance was between 20 and 25 kilometres”

Adv Baloyi accused Warrant Officer Magane and SAPS of not considering the risk of driving the truck with drugs, revealing the truck contained drugs to someone outside their circle, thus creating risks.

“You did not consider at all the risk of driving with those drugs in that truck ... You have created a risk that someone else might just take those drugs from you on the road ... I am not concerned about Chief Mashaba, I am talking about you, SAPS, that you think it is appropriate ... it is not appropriate having disclosed already to the security at the gate that there is a truck that has drugs on it, you have now disclosed to Mr Hardug in there and then you deem it appropriate”

Warrant Officer Magane taking the contact details of Mr Hardug was done because he felt part of the team despite it being a Traffic Department operation, while Chief Mashaba did not do so.

“Before we left the premises ... I left my numbers with Mr Hardug and he also ... gave me his numbers ... Did Chief Mashaba do the same? No, no, no, only me did that ... I felt that I can just leave my numbers because we are a team ... It is a Traffic Department operation”

Mr Nku, an informant, followed the police contingent to the second crime scene, although it was not discussed or agreed that he would be part of them, and this is not ideal for an informant's safety.

“you allowed the informant, Mr Nku, to follow you ... we went to our different cars, so we drove together ... That was not discussed whether Mr Nku will be part of us or will follow us ... it is not ideal for an informant, especially having given you the necessary information, to be part of your contingent to a potential second crime scene ... You go into a potential dangerous situation, dangerous for him who is a civilian ... He was always sitting in his car ... For me, it was not going to be a problem as long as he was not partaking ...”

Warrant Officer Magane received instructions on handling an informant from Chief Mashaba and would not dictate to Mashaba how to handle the informant.

“this is the explanation that I got from his handler, Chief Mashaba and I would not dictate for Mashaba to how he must handle his informant”

Warrant Officer Magane acknowledged relying on Chief Mashaba's previous experience in the handling of an informant and defended Mashaba's decisions.

“I would not have power to say, Mr Mashaba, tell your informant, because I suggested ... If he had problems ... he would have said, maybe advise Mr Nku not to be part of the operation”

Warrant Officer Magane would have allowed the informant Mr Nku to be present during the operation as long as the informant was safe and his identity concealed.

“I think if the informant ... if I was a handler and the informant was having such a concern, as long as he is safe and his identity is concealed, I was not going to have any difficulty”

Warrant Officer Phokungwane could not assist because he was unwell after taking a COVID-19 vaccine and was indisposed.

“He also could not assist because he said he was not feeling well after taking a COVID-19 vaccine and therefore indisposed”

During an operation, Warrant Officer Magane called various members from different units for backup and assistance, including Warrant Officer Chidie from Crime Intelligence in Germiston, Brigadier Lewele from DPCI in Germiston, and Warrant Officer Phokungwane from Alberton CIS.

“I called Warrant Officer Chidie from Crime Intelligence Unit in Germiston ... I then called Brigadier Lewele from DPCI in Germiston ... I then called Warrant Officer Phokungwane from Alberton CIS”

Warrant Officer Magane only had one vehicle for complaints and CAC duties at Zonkizizwe Police Station, which is why no other officers from Zonkizizwe were called for assistance during the operation.

“Zonkizizwe at that time ... I left Zonkizizwe ... other office members were not available. It is only a sector vehicle, and we are operating with only one vehicle for the complaints and CAC duties”

Warrant Officer Magane chose to call people from outside his police station because even if he called his own station, they would not come along given their other focuses and duties.

“I knew that even if I can call them they would not go with me, because they will focus on doing CAC duties and attending to complaints around”

Warrant Officer Magane did not consider calling other members of Zonkizizwe Police Station because it did not cross his mind.

“That did not cross my mind, Commissioners”

Warrant Officer Magane called people he knew would have a mandate and could work outside their specialization during the operation, not calling at random.

“I was calling people that I know that they will have a mandate, or they can work outside and ... I was calling people that I know they are always available, or that I have worked with them before”

Warrant Officer Magane called Brigadier Lewele from DPCI because he knew he was the head of DPCI in Germiston and because Brigadier Lewele is part of Serious Anti-Corruption, not SANEB.

“I called Brigadier Lewele ... he is the Head of DPCI in Germiston ... No, no, he is at Serious Anti-Corruption. ... I did not have numbers of a SANEB member at DPCI, so I was going to ask him to organize a SANEB”

The operation involved following a truck allegedly carrying or transporting drugs to Aeroton, at Omnia Industrial Park, where a container was supposed to be delivered to Scania Warehouse.

“We then followed the track until we reached Aeroton, Omnia Industrial Park, where the container was supposed to be delivered at Scania Warehouse”

Warrant Officer Magane stated that another officer, Warrant Officer Phakula, who also handles drug-related cases, agreed to assist if needed.

“...Warrant Officer Phakula, who also has a mandate to handle cases of drugs-related and other high-profile cases, agreed to say no, he is willing to come and assist.”

Warrant Officer Magane admitted he did not contact the police stations responsible for the area where the drug search operation was conducted in Johannesburg.

“No, I did not contact them.”

Warrant Officer Magane acknowledged that to involve Warrant Officer Phakula, he had to verify positive information about drugs in the container by opening it first.

“...you would have had to open the container and establish that the information is positive before you called him.”

Warrant Officer Magane admitted conducting a search operation in Johannesburg jurisdiction without notifying the responsible police stations and not asking for backup.

“...it means you are conducting a search operation in the Johannesburg jurisdiction, and you are doing so without notifying the police stations that are responsible for that area.”

Warrant Officer Magane admitted he did not think about the possibility that owners of drugs in the container would try to interfere violently.

“No, I will be honest with you, that never come to, I did not, it never come to that extent that ...”

Warrant Officer Magane stated he did not consider the drug container operation dangerous, despite the drugs potentially being owned by criminals who might try to stop the police.

“No ... You know, like I was alluding that when duty calls, sometimes you tend to even forget that the so-called death ... You just tell yourself that whatever happened ...”

Warrant Officer Magane acknowledged the need for refresher courses in policing because officers tend to forget important things and do not apply them.

“...that is why we need a refresher course, because I was at the college in 1998. The other basic things, we tend to forget them, and we do not apply them many more. I agree.”

Warrant Officer Magane explained his primary duties do not restrict him from conducting operational work outside his typical office-bound role.

“My primary duties does not confine me from doing other duties which are operational.”

Advocate Baloyi SC stated that Magane's Commander said Magane's duties are office-bound and that he was not aware of the operation.

“As a Commander, I was not aware of the operation, since the member's duties are office-bound, doing crime information, management, coordination for the station.”

Warrant Officer Magane disagreed with his Station Commander who stated that Magane's duties are office-bound and that he was not aware of this operation.

“If I call him, if he was not happy about this, he was supposed to stop me and say, you are not allowed to do that ... Like I say, I fully disagree with my Station Commander.”

The cargo container carrying drugs landed at Durban port and was destined for Scania, but was transported by a Yellow Jersey truck whose driver is employed by Yellow Jersey, not Scania.

“At Scania, we found a person... Ms Jolene Wentzel... she was working at Scania as a Warehouse Supervisor and she also confirmed that the container was carrying their stuff from Brazil... the container was a load for Scania... Then the truck belongs to Yellow Jersey... the driver of the truck is in fact employed by Yellow Jersey, not by Scania.”

Warrant Officer Magane requested Ms Wentzel and her colleagues to open the containers so they could verify the information, and the container was opened.

“we requested Ms Wentzel and her colleagues to open the containers so that we can verify the information. The container was opened”

When the container was opened, some black bags started falling from it and others were trapped at the back of the container. A seal inside a white plastic had the same serial numbers as the seal a Scania employee broke when opening the container. Ms Wentzel said this was very strange and unusual.

“as soon as the doors were opened, some black bags started falling from the container, and others were trapped at the back of the container. I also found a seal which was inside a white plastic. The said seal had the same serial numbers as the seal that a Scania employee has just broken when opening the container ... but she said this was very strange and unusual”

The container was opened by a staff member, and the seal matching the broken seal serial numbers raised suspicion about how the goods were received.

“The container was opened by one of their staff members ... I then inquired from Ms Wentzel if this is how they received their stuff, but she said this was very strange and unusual”

There was confusion about the seal with the same serial number as the one broken by the Scania employee, and Warrant Officer Magane asked Ms Wentzel if the delivery usually comes with such a seal.

“I was trying to ascertain if this ... has the same serial numbers as the seal that was used to lock the container ... I asked Ms Wentzel if their stuff is delivered with a space seal? I do not know if I am answering you correctly”

The focus of the inquiry was both on the seals and on the drugs contained in the container, particularly the bags that fell down.

“it was also on the drugs also, because I also asked her if this is what they were expecting, the load, the bags that fell down”

The black bags that fell from the container were stashed at the back of the container next to incomplete truck parts such as a door panel without wheels and engine but with doors and windshield.

“this photo here depicts ... the black bags that were stashed at the back of the container and with the white ... this white thing like a door ... it is actually an incomplete assembled body part of a truck ... bags ... are just next to the doors of the container”

Warrant Officer Magane was driving a black Nissan bakkie with registration MPV 00 to Aeroton.

“when you went to Aeroton, you went there driving a black Nissan bakkie? I think it is MPV 00 ... That is correct”

The truck involved is a Scania truck, and the white panel is the front part of the truck, which is a complete structure without wheels and engine but with doors and windshield, needing assembly.

“Scania is a trucking company ... it is a complete structure but without wheels and engine, but the doors are there, only the windscreen and the axle, it still needs to be assembled”

The container is still attached to the truck and has not been offloaded.

“the container is still attached to the truck”

The container was already open when inspected.

“the container is already open ... It is opened”

Warrant Officer Magane took the photographs depicting the black bags stashed in the container.

“These pictures were taken by myself”

The bags fell off the truck when the doors to the trailer were opened.

“when you opened the doors to the trailer ... That is when the bags fell off”

Warrant Officer Magane learned about a specific matter only from the Commission.

“I only learned from this Commission.”

The significance of a seal with the same serial numbers as the one broken by the Scania employees is that it is a spare seal used by criminals to reseal the container if intercepted, so the end user does not suspect tampering.

“This spare seal ... it is actually supposed to be used when criminals or whoever intercept the drugs along the way. So that when they broke it open, they can seal, they can use the spare seal so that the end user cannot suspect that the original seal was cut open along the way before it reaches”

The top seal depicted in photo 153 was cut open before the container was opened, and the spare seal was found inside the container unused.

“The top pictured depicts the seal that was cut open, and the other one is the one that was found inside the container... I am saying this seal, the top one, is the one that was cut upon, it was cut before the container was opened. The down one, the one beneath is the one that was found inside the container, the unused one.”

Warrant Officer Magane showed the seal to Jolene, the warehouse manager, who was confused about the presence of the spare seal inside the container and had no idea about it.

“Firstly, I called Joleen, the warehouse manager, and showed her this seal. I was explaining that I asked her if this is how, and I was also including the black bags, that this is how you receive your stuff. Then she was also confused as to where this thing was coming from. She did not have any idea about the spare seal that was found inside the container.”

Warrant Officer Magane did not take any pictures of the truck lock or seal before opening the truck, which he admits was an oversight and a deviation from proper crime scene handling procedure.

“No, I did not do that... that was an oversight from me.”

Warrant Officer Magane was more concerned with what was inside the container than preserving the original sealed condition of the crime scene, leading to contamination of the crime scene.

“No, actually, I was interested or I was more concerned in what is inside the container...”

Warrant Officer Magane admits that by opening the truck and allowing bags to fall out before other components such as K-9 unit or DPCI arrived, he contaminated the crime scene and did not follow required procedures.

“...you are looking at these seals and things have then been taken out... I think it is a function of you simply not being familiar with what happens at crime scenes when you come across a scene like that.”

Warrant Officer Magane accepts that he contaminated the crime scene, but asserts it was not intentional and that he tried to preserve the scene to the best of his ability.

“...I will take the second one, that maybe I would not be comfortable to say ignorant, but all what happened, it was not through intention of contaminating the scene. I am trying to preserve the scene at the best of my ability.”

Warrant Officer Magane and one SAPS member and a traffic officer opened the container and handled the bags without waiting for other relevant components to arrive, despite no urgency.

“...it is just the two of you, one SAPS member and one traffic officer...You did not wait for relevant components... there was nothing urgent at that point.”

Warrant Officer Magane explained that they removed all the drug bags from inside the container to keep them in one place.

“My explanation will be that we further wanted, because there were other bags that were stuck inside, so we thought it would be relevant to take all the drugs... to take all the bags and keep them at one place.”

Warrant Officer Magane knew about the Local Criminal Records Centre (LCRC) and that it is responsible for attending scenes and taking photographs.

“Yes, I know LCRC... It is a Local Criminal Records Centre... That is correct.”

Warrant Officer Magane did not call the Local Criminal Records Centre to the scene before removing the bags, only called them after all bags were taken from the container; fingerprint evidence contamination occurred.

“I did call them, but it was after all the bags were taken from the container... after you and your team had put your fingerprints all over?”

The Scania employees also put their fingerprints all over the seized items as they helped load the bags.

“The Scania employees had put their fingerprints all over the stuff... We also requested them to help us to load the bags.”

A 7 Series BMW without number plates but with a valid permit was present at the drug bust scene; Warrant Officer Magane knew the vehicle belonged to someone trustworthy, and the occupant was not participating in the operation.

“That 7 Series BMW ... It did not have number plates, but it had a valid permit... Because I knew who the vehicle belongs to, Commissioner, to be quite honest with you. And the occupant of that BMW was not even taking part.”

Warrant Officer Magane had just met a person that morning and did not know his address, identifying the person as Mashaba's informant.

“You had just met the person that morning. You did not know who it was.”

There was a BMW 7 Series vehicle with no number plates parked near the container being searched at a major drug bust crime scene, which was problematic for crime scene management.

“you go to a crime scene, a drug bust, a major drug bust, with somebody who is driving a BMW 7 Series, and it has no number plates. And it parks right next to the very container that is being searched.”

Warrant Officer Magane stated that the BMW vehicle was parked about 300 metres from the scene and not closer.

“the car that the Commissioner is referring to, it was parked inside, but it was not closer to the scene of crime. It was about 300 metres from the scene.”

Warrant Officer Magane insists the BMW was about 300 metres away, no intent or possibility existed to place any bag from the scene into the BMW.

“I agree it was in the same vicinity. But there was no intention of, and it was not going to be possible for any bag whatsoever to be taken from the scene and be put inside that BMW.”

ADV Khumalo disagreed stating the BMW was inside the Scania premises and near the scene, thus a problem for crime scene management as bags could be easily taken and placed in the vehicle.

“it is inside the Scania. ... It is near the scene of this major drug bust. ... this vehicle is there with you because it is accompanying you and Mashaba. ... is that not in itself a problem? ... bags can easily be taken and be put in the back of this vehicle. Do you see that?”

ADV Khumalo argued that 300 meters is about the size of two soccer pitches and photos showed the BMW was not that far away.

“300 metre is the size of two soccer pitches. This is not 300 metres away...this is not even 100 metre. And this BMW does not seem, looking at these photos, to be further than this distance.”

Warrant Officer Magane testified he was at the scene and that the BMW was not even close; it was not possible for a bag to be taken from the scene and put in the vehicle, with many people and security guards present.

“I was at the scene. It was the space or the distance that was between the scene and the BMW. ... There was no way that one would have carried a bag, take it to that, in the presence of all the people who were there, the security guards and everyone.”

Warrant Officer Magane escorted a yellow Volvo truck from Roodekop to Aeroton; it was already parked next to Scania's loading bay and belongs to a different company.

“the Volvo truck that you escorted from Roodekop to Aeroton was yellow in colour... The one that we escorted was already parked next to Scania loading bay. These are two different companies.”

Warrant Officer Magane and Mashaba were clueless and did not have experience in handling drug busts but intended to verify information and have a successful operation.

“the sole intention was to verify the information, have a success operation, even though both of us were not having any experience in handling the drug busts.”

At the drug bust crime scene, many people including Warrant Officer Magane, Mashaba, traffic officers, and Scania employees handled bags with their bare hands which seriously tampered with the crime scene.

“A number of people, you, the traffic officer, Mashaba, Scania employees, all of you handle all of those bags with your bare hands. That is serious tampering.”

Warrant Officer Magane admitted that handling the bags with bare hands was serious tampering.

“I agree to that, Commissioner.”

Warrant Officer Magane called the LCRC after tampering with the bags, which were already in the bakkie, expecting the LCRC to take some action despite the tampering.

“you call the LCRC later when the bags were already in your van, I assume, your bakkie. ... That is correct.”

The LCRC's role was to come and take photos when counting, as per procedure, but they did not perform what they should have done at the beginning before the tampering.

“Actually, we called the LCRC to come and take photos when we count because that is the procedure.”

Warrant Officer Magane referred to the information regarding following about drugs found inside the container when he said the operation was a success, but he had not actually seen drugs, only black bags assumed to contain drugs.

“I was referring to the information that we were following about those drugs, the drugs we found inside the container.”

Warrant Officer Magane took photos and sent them to Station Commander Lieutenant Colonel Albert Chauke informing him that the operation was a success.

“I took out my phone and took photos and also sent to my Station Commander, Lieutenant Colonel Albert Chauke, informing him that the operation was a success.”

Warrant Officer Magane admitted that he and others moved black bags containing drugs without gloves, potentially contaminating them with their DNA and fingerprints, which could have made it difficult for the LCRC to properly lift forensic evidence later.

“Definitely, yes, Commissioner. None of us had gloves on. Most possibly. DNA, fingerprints. That is correct. I accept that, but can I also say something?”

Warrant Officer Magane accepted that not wearing gloves would have made it difficult for LCRC later to conduct a proper job of lifting fingerprints and DNA from the bags because now it is contaminated with their own DNA and fingerprints.

“And so made it difficult for LCRC later on to conduct a proper job of lifting fingerprints and DNA from those bags, because now it is contaminated with yours. Do you accept that?”

Warrant Officer Magane confirmed that the LCRC attends scenes of drug busts and their function includes trying to lift fingerprints and DNA from coverings and bags.

“Do you know, as a matter of fact, that the LCRC attends these scenes and one of their functions is to lift, to try and lift fingerprints and DNA from these coverings and from the bags.”

Warrant Officer Magane stated that one cannot easily lift fingerprints from plastic, only from metal, indicating contamination of the bags' fingerprints and DNA might not be as critical as supposed.

“WARRANT OFFICER MAGANE”

Warrant Officer Magane acknowledged the evidence that LCRC attends such scenes for fingerprint and DNA lifting but initially did not know this himself.

“No, I do not know. I know, Commissioner. Maybe, Commissioner, if I come across such a scene, I will be able to do my best.”

Warrant Officer Magane communicated only with Phakula from Pretoria's National Office Nino, and had not called anyone else while waiting during the operation.

“Yes, and he confirmed. ... No, no, it was ... I was waiting for Phakula. That is correct. That is correct: ... National Office Nino.”

Warrant Officer Magane confirmed black bags suspected to be carrying drugs were loaded onto a service bakkie by Scania staff for transportation to enable the truck to reverse closer to the loading bay.

“While there were bags already on the ground, stuck near the wheels of the trailer. As a result, we instructed Scania staff to load the bags at the back of my service bakkie.”

There were 23 large bags of suspected cocaine at the scene.

“...where it says it was 23 large bags of suspected Cocaine.”

Ms Wentzel denied knowledge of the black bags suspected to be carrying drugs while expecting a truck cap from Brazil; driver Mr Brightman Vusi Mthembu also denied knowledge of the bags. These individuals along with warehouse supervisor and receiver were arrested for dealing in drugs possession.

“Ms Wentzel confirmed that they were expecting a truck cap from Brazil, but denied any knowledge of the black bags, which were suspected to be carrying drugs. We also interviewed the driver, Mr Brightman Vusi Mthembu, and he also denied any knowledge about those bags. It was 23 large bags of suspected Cocaine. We then placed the driver of the truck, the Warehouse Supervisor, Ms Wentzel, and the Warehouse Receiver, Mr Cornelius, under arrest for dealing in drugs possession...”

The police arrested the driver for dealing or possession of drugs without confirming the contents of the bags.

“Why did you place him under arrest for dealing with drugs or being in possession of drugs? You did not know that it was drugs in those bags at that stage.”

At the time of arrest, the police did not know the bags contained drugs, and could have been anything like blankets or powder.

“At this stage, you did not even know that it was drugs. For all you knew, it could have been blankets in those bags.”

Suspicion of drugs was later confirmed, but at arrest time police did not know the contents for certain.

“At this stage I would say based on our suspicion, which were later confirmed.”

The police had suspicion but not certainty that the bags contained drugs, yet arrested for dealing/possession of drugs.

“Now, you have got bags and you suspect that they are Cocaine, but you take it a step further. You say you arrest him for dealing in drugs...”

The bags were not opened before arrest; thus, the arrest was based on unconfirmed suspicion and hearsay from an informer.

“You are the one that effects an arrest based on suspicion of matter that you have not even had a look at... All you have is black bags.”

Warrant Officer Magane agreed arrest was premature as police had not opened or confirmed the contents of the bags.

“My answer to that, Commissioner, I would say it was premature.”

The arrested driver was employed by Scania and had the container sealed from origin (Brazil). No evidence the driver broke the seal.

“We established earlier that the truck belongs to Scania, and the driver is employed by Scania... container which has a seal to it ...”

The police arrested the driver for transporting drugs based solely on him being the driver, without proof he put the drugs in the truck.

“By virtue of him being the driver from Durban, we arrested him based on that.”

Two members from Booysens VISPOL, Sergeant Ndou and Constable Makwambiri, arrived and reported receiving a 10111 call about people impersonating police officers.

“two members from Booysens VISPOL, Sergeant Ndou and Constable Makwambiri arrived in a marked police bakkie and told us that they have received a call from 10111 about people who were impersonating to be police officers”

The drugs and suspect were planned to be booked at Booysens Police Station, not Alberton, because the drugs were found in Aeroton, the scene of the crime.

“The drugs were going to be booked at Booysens. And the suspect was going to be booked at Booysens.”

Warrant Officer Magane did not report or announce the presence of the drugs or themselves to Booysens Police Station, which caused Booysens to be unaware of the drugs and their presence.

“You did not report yourselves to Booysens Police Station... Booysens does not know you are around. Booysens does not know that you have got this amount of drugs.”

Warrant Officer Magane did not call the emergency number 10111 despite many other officers being called for help and available.

“when you arrive there, you are calling all of these people to come and help you, and many of them are not available, why did you not call 10111?”

Warrant Officer Magane admitted not calling an escort and not transporting seized drugs in an open police vehicle without proper escort.

“I definitely would not have risked to transport these drugs without proper escort and without, like, in an open bakkie like this.”

Warrant Officer Magane confirmed they were not going to leave until the scene was properly handled and everything processed at the scene.

“the scene was still far from over. We were not going to leave until the scene was properly handled and everything processed at the scene.”

The drugs had not been opened or removed from their container when loaded on the vehicle with only Warrant Officer Magane and Mashaba present.

“You have not even opened the container. The drugs have not yet fallen out. There is nobody else.”

The bags were loaded onto the back of Warrant Officer Magane's bakkie solely to secure them, without any ulterior motive.

“The intention of loading these bags at the back of the bakkie was solely to secure them. Nothing else. There was no other ulterior motive.”

A News24 newspaper article dated 22 February 2025 deals with the disciplinary proceedings relating to General Khan.

“this is a News 24 or Media 24 newspaper article from the 22nd of February 2025... they deal with the disciplinary proceedings relating to General Khan.”

The newspaper article mistakenly identified the vehicle involved as a 5 series instead of a 7 series, which was an error.

“the newspaper article had identified the vehicle as a 5 series and not a 7 series... It is a 7 series... It is a human error, Commissioner.”

A WhatsApp chat appears in the newspaper article, showing participants discussing cocaine and containers, with threats to the police.

“there is something that appears to be a WhatsApp chat between two people... these people know that there was Cocaine and it belonged to somebody... Then send the pigs with the seal... I am getting heavy threats...”

Warrant Officer Magane did not participate in the WhatsApp chats referenced in the newspaper article and does not know who the other participants are.

“No at all... No at all... I do not know.”

Warrant Officer Magane stated that on the day of the incident he was the first to be arrested and his phone was taken around 12 o'clock, so he distances himself from the WhatsApp chat.

“on this day in question, on the 9th, I was the first one to be arrested. And so, my phone was taken away at around 12 o'clock... I would like to distance myself from this chat.”

Warrant Officer Magane requested assistance from Warrant Officer Phakula, who confirmed he would bring some people to assist.

“you had testified earlier on that you requested Warrant Officer Phakula to come and assist you... and you further stated that he said he will bring some people to assist him.”

Warrant Officer Magane admitted to misleading two police officials from Booysens about going to Alberton; it was not his intention to go to Alberton.

“when Commissioner Baloyi asked you earlier on about Alberton, you said no, you were in fact misleading the two police officials from Booysens. It was not your intention to go to Alberton.”

A written statement by Sergeant Phakula indicates that Warrant Officer Magane contacted him to assist in a possible drug matter and said he should join him in Alberton, though Magane later says the arrangement to go to Alberton was not the actual intention.

“I was contacted by Warrant Officer Magane to assist him in a possible drug and that he should join me in Alberton... The only thing that I said to him... was that upon confirmation of the information, then I will revert to him... That was not the arrangement.”

A statement by Captain William Modupi, called by Warrant Officer Phakula, shows that he was informed to join in Alberton but found they had left when he arrived and was told they were now in Aeroton.

“I received a call from Warrant Officer Phakula informing me that they are following up on a certain information and I must join them in Alberton... I proceeded to Alberton... only to find that they have left... they informed me that we are now in Aeroton.”

Warrant Officer Magane arranged with Warrant Officer Phakula to follow the truck until it reaches Aeroton and then call Phakula to come through, instead of meeting at Alberton.

“the arrangement was that we follow the truck up until it reaches Aeroton. And upon verification of the information, then I will call Warrant Officer Phakula to come through.”

Warrant Officer Phakula's statement that he proceeded to Alberton SAPS as informed because they might bring in the truck and driver to Alberton for detention matches exactly what Warrant Officer Magane told the Booysens Police officers.

“I then proceeded to Alberton SAPS as I was informed that they might be bringing the truck and the driver to Alberton for detention. It is a place where the crime scenes started initially. It is exactly what you say in your statement you told the Booysens police men.”

Warrant Officer Magane accuses Warrant Officer Phakula of being untruthful in stating that after contacting his superior, Commander Sephungu, he received permission to proceed and assist Magane, and that he then proceeded to Alberton SAPS because he was told the truck and driver might be brought there for detention.

“Warrant Officer Phakula is being untruthful in his statement when he says that: “After he contacted his superior, Commander Sephungu, and informed him, I received and gave permission to proceed and assist Warrant Officer Magane.” That is what he says: “I then proceeded to Alberton SAPS as I was informed that they might be bringing the truck and the driver to Alberton for detention.””

Warrant Officer Magane confirms that Phakula is untruthful about the arrangement to proceed to Alberton and deny that part of the discussion.

“I would say so. Because this was not part of our discussion.”

Advocate Baloyi accuses Warrant Officer Magane and Mashaba of having ulterior motives in handling the transport of drug exhibits and not following proper procedures, suggesting the drugs were being taken elsewhere and would not be accounted for.

“... it indicates all the probabilities that you are the one that is being untruthful about what you said to Phakula ... the real intention about what was going to happen with those trucks and in fact the real intention was they were not going to Booysens. You were taking them elsewhere. You and Mashaba ... There was no good intention on your part to get these drugs to be properly dealt with as prescribed by the law. In fact, you had ulterior motives about putting them in that van and you were going to take them away. They would not be accounted for.”

Warrant Officer Magane denies having any intent to steal the drugs or act improperly, stating he left his RICA-registered cellphone with Mr Arthur and that Omnia Park has cameras everywhere making it impossible to steal unnoticed.

“Commissioners, with all fairness, I do not agree... If I had an intention of doing the wrong thing, I would not have left my cellphone with Mr Arthur. My cellphone that is RICA on my name. Omnia Park is a modern industrial area which I think it has cameras all over. And so, I would not be so dumb to go steal in front of everybody ... My identity was not concealed... I was going to be easily traced.”

Advocate Baloyi criticizes the poor planning of the operation by Warrant Officer Magane, highlighting failure to call proper law enforcement role players, use of an open bakkie to transport bags of exhibits, and ignorance of cameras at the crime scene.

“It was badly planned. That is why it was such a mess... You did nothing... no LCRC, no TRT to come and escort you... It is about ensuring that these drugs are properly processed... you put these bags in an open bakkie ... You did not know there are cameras at Scania... It is a badly planned thing.”

Advocate Baloyi alleges Warrant Officer Magane and Mashaba were middlemen in a drug consignment operation, did not call any drug enforcement role players, left before processing was complete, and lied about destination to Scania personnel.

“You so happened to be in the middle of it. You and Mashaba happened to be in the middle of it... you have not called a single role player involved with drug enforcement... no LCRC... no Booysens... they surprise you by arriving... You lie to them to say the drugs are going to your station... you lie to say they are going to Alberton... you are being untruthful about this... this whole operation was never... you would have played things by the book if there was intent... you had ulterior motives.”

Warrant Officer Magane denies any intent to steal drugs or leave before the scene was properly processed, and asserts he received the call from Mashaba that morning and was briefed before proceeding.

“Even from the bottom of my heart, I had no intention of driving away from the scene before the scene was properly processed... I only received the call from Mashaba that particular morning. And from there, I was briefed... I will stand by the truth... If I had intention of stealing the drugs ...”

Warrant Officer Magane asserts he had no intention of stealing the drugs or taking them elsewhere; he met Nku for the first time that morning and called Warrant Officer Phakula because Phakula was involved in other drug-related investigations.

“I had no intention of stealing the drugs or taking them elsewhere. Hence, I am saying I am not lying to the Commission ... I had no intention of taking the drugs from where they were recovered and to another destination ... I called Warrant Officer Phakula because he was involved in other investigations that were drug related.”

The K-9 unit was called to the scene to confirm that the substance in the bags was indeed drugs.

“K-9 unit were waiting for K-9 to come and further confirm that this are real drugs. And they were coming and they did arrive.”

Warrant Officer Magane acknowledges that before Warrant Officer Phakula arrived, he had already put the drug bags onto his bakkie, and he had arrested three people at the scene.

“by that time, even before Phakula arrived you had already put the bags onto your bakkie ... then earlier on you also say you had already arrested the three people ... That is correct.”

Warrant Officer Magane details that before leaving the scene, the counting of the drug bags was to be done in the presence of a photographer whom he personally called; he gave the photographer his details and background of the operation to ensure the scene was properly processed.

“The counting was going to be done in the presence of a photographer because I personally called the photographer ... and give my particulars like service number, contact number, and give a brief of the background of the operation as to how it started and everything ... I would not know if I was still going to leave the scene with that bakkie open bakkie which cannot even drive 60.”

Warrant Officer Magane states that he was going to take the 23 drug bags to Alberton and had counted and taken a picture of them for his superior before loading them onto his vehicle.

“You put them onto, you back up your van to the trailer, to the container ... there are 23 bags ... you had even taken a picture to send to your superior ... you are going to take them somewhere ... to Alberton in fact ... if Booysens had not arrived, you would have taken them to Alberton ...”

Warrant Officer Magane states that contrary to suggestions, Booysen's bakkie did not block him from leaving the scene; he was not inside his vehicle and approached Booysen's team actively; Booysen's officers assisted him in securing the scene and they were cooperating.

“At no stage Commissioners that I intended to leave the scene ... there is a narrative that was being pushed that I was blocked by Booysen's bakkie ... when they arrive, I was not even in the car ... Booysen are the one who actually helped me to cordon off the scene. So, we were working together. They were assisting.”

Warrant Officer Rikhotso from Crime Intelligence caused obstruction by questioning the authority or enquiry file permissions at the scene, distracting the team from their work, and mentioning Major General Feroz Khan was coming to the scene.

“Warrant Officer Rikhotso from Crime Intelligence ... started asking if we have any authority or any enquiry file registered ... was causing some obstruction and distraction ... specifically said Major General Feroz Khan from Crime Intelligence was coming to the scene ... so we ignored him and proceeded with our duties ... a lot of police members, security officers and civilian members at the scene made it difficult to work.”

Lieutenant Colonel Maluleke from DPCI National Office and other officers were summoned by Warrant Officer Phakula to assist at the scene, and Major General Khan complimented the good work done despite the crowding at the scene.

“Lieutenant Colonel Maluleke from Crime Intelligence arrived and she was more than happy about the arrest and even complimented of the good work that we have done ... Lieutenant Colonel Maluleke from DPCI National Office arrived together with Warrant Officer Masuma also from DPCI as they were summoned by Warrant Officer Phakula to come and assist us with the scene ... Major General Khan arrived immediately after Warrant Officer Phakula ...”

Major General Khan arrived at the warehouse, met with Scania management, and ordered the police to stop their operation, later disarming Chief Mashaba of his service firearm to prevent warehouse searching.

“Major General Khan went straight to the warehouse and met with the Scania management and after that he came back to us and ordered us to stop with our operation. He asked who was the driver of the bakkie which was loaded with the black bags, and I answered it was me. He then instructed me to go inside the bakkie. Then a big argument ensued between Major General Khan and Chief Mashaba, whereby Major General Khan ended up disarming Chief Mashaba of his service firearm and stopped the guys from docking it from searching the warehouse.”

Warrant Officer Magane was made to sit in a car and photographed as if he were a suspect during the police operation at the warehouse, while drugs were being counted with some bags already opened, and several senior officers were in charge of the counting.

“I was made to sit in the car while I was photographed as if I am a suspect. Members of DPCI from Germiston and Johannesburg arrived at the scene with Major General Kadwa, the Provincial Head of DPCI. There seems to have been a briefing between Major General Khan, Brigadier Sekgobela, Lieutenant Colonel Mabaso and Captain Sebola. Right after that, Warrant Officer Phakula, Chief Mashaba, Mr Nkua and myself were arrested and put at the back of a Booysens SAPS bakkie which was driven by Sergeant Ndou and Constable Makwambiri. We were kept at the back of the bakkie for some time. At some stage, we were then taken from the back of the bakkie to observe the counting of the drugs. To our surprise, we find that already 10 bags were already opened. Brigadier Sekgobela, Captain Dale, Captain Sebola, the arresting officer, are the ones who were in charge of the counting, in counting the drugs.”

They were detained at Booysens Station for a weekend without visitors, water or food from outside, allegedly by General Khan's instruction.

“We were detained at Booysens Station for a weekend until Monday the 12 July 021 when we appeared at court. While at Booysens Station holding cell, we were told allegedly by General Khan's instruction, Kadwa, that we were not allowed to have visitors, water and food. I am referring to the food that were coming from outside.”

Warrant Officer Magane was suspended without salary from 9 July until 21 July 2021 due to arrest and incarceration, then again suspended for 6 days from September to November 2021 facing departmental charges for corruption, dealing in drugs, and defeating the ends of justice; he was found not guilty on all charges on 7 February 2022.

“I was then suspended in terms of section 3(2) of the SAPS Act 68 of 1995 from the 9th of July until the 21st. This type of suspension is applied when a member is arrested and incarcerated. It is a suspension without salary or allowances. My suspension was then uplifted after I was granted bail and I resumed my duties on the 22nd of July 2021. I was then suspended again for a period of six days in terms of Regulation 10(3) of the SAPS Disciplinary Regulation of 2016 from the 0th of September until the 20th of November. I was charged with the following three charges departmentally... 1. Regulation 5(4)(f), corruption. 2. Regulation 5(4)(g), dealing in drugs. 3. Regulation 5(4), defending the ends of justice. The Chairperson of the disciplinary hearing, Brigadier Nevhuhuli found me not guilty on all charges on the 7th of February 2022.”

At court, Captain Sebola testified they were arrested for allegedly stealing 700 kilograms of cocaine, but could not answer questions about the weighing methods or exhibits; the magistrate suggested their arrest was premature.

“During the bail trial, Captain Sebola testified that we were arrested for allegedly stealing 700 kilograms of Cocaine. The Presiding Magistrate asked him if the exhibits were weighed and what method of weighing was used, of which Captain Sebola could not answer. The Magistrate also suggested to him that Captain Sebola and his team rushed to arrest us prematurely. Again, he could not answer.”

The case of defeating the ends of justice and obstruction of police officers arose from their arrest and detention overseen by General Khan, Major General Kadwa, Brigadier Sekgobela and Captain Sebola, and was investigated by IPID and Deputy Public Prosecutor's Office in South Gauteng.

“Booysens CAS 252/10/2021, defeating the ends of justice and obstruction of police officers from executing their lawful duties. This case emanates from our arrest and detention at Aeroton as overseen by General Khan, Major General Kadwa, Brigadier Sekgobela and Captain Sebola. After a lengthy, slow investigation by IPID, the matter was taken to the Deputy Public Prosecutor's Office in South Gauteng for decision.”

The Independent Police Investigative Directorate (IPID) recommended that all members involved in an arrest be charged departmentally, though members of the Directorate for Priority Crime Investigation (DPCI) were not charged.

“IPID then recommended that all members who were involved in our arrest must be charged departmentally. General Khan was charged separately and members of DPCI were not charged.”

Major General Khan was found not guilty of defeating the ends of justice and other charges at a departmental hearing presided by Lieutenant General Nhlanhla Mkhwanazi, KwaZulu-Natal Provincial Officer.

“Major General Khan was found not guilty for defeating the ends of justice and other charges. The departmental hearing of Major General Khan was presided by Lieutenant General Nhlanhla Mkhwanazi , KwaZulu-Natal Provincial Officer.”

While the commissioner was deciding on Major General Khan's matter, the DPCI issued a report clearing all their members and there were media reports that witnesses were facing imminent re-enrolment of their case, and the case was provisionally withdrawn on 12 November 2022.

“While the Commissioner was still deciding on the verdict of Major General Khan's matter, DPCI issued a report that cleared all their members. At the same time, there were media reports that witnesses of Major General Khan's hearing, which is us, were facing an imminent re-enrolment of their case. Our case was provisionally withdrawn on 12 November 2022.”

Warrant Officer Magane was charged departmentally with criminal charges related to dealing in drugs, but these charges were provisionally withdrawn in November 2022.

“IPID then recommended that all members who were involved in our arrest must be charged departmentally. General Khan was charged separately and members of DPCI were not charged... dealing in drugs was one of the charges... the charges were withdrawn against you in November 2022.”

General Kadwa allegedly issued instructions forbidding detainees at Booysen Station holding cell, including Warrant Officer Magane and others, from having visitors, water, and food, because they were treated as high-profile suspects.

“While at Booysen Station holding cell, we were told allegedly, as per by General Khan's instruction, Kadwa , that we were not allowed to have visitors, water and food.”

A criminal complaint case was opened against Major General Kadwa, Major General Khan, Brigadier Sekgobela, and Captain Sebola by Warrant Officer Magane and others who were arrested.

“The complaint was against General Kadwa , Major General Kadwa , Major General Khan , Brigadier Sekgobela , and Captain Sebola.”

The charges against Warrant Officer Magane and others were withdrawn in November 2022 after representations were made to the National Director of Public Prosecutions' office by their lawyers and advocates, specifically Advocate De Kock who has since passed away.

“The case was finally – we made representation to the NDPP's office through our lawyers and advocate... The charges were finally withdrawn... Advocate De Kock... the one who decided on our matter. So the charges were finally withdrawn. That is correct.”

There is a letter directed to Major General E A Kadwa from the Director of Public Prosecutions regarding the request for re-enrolment of the docket related to Booysen case number 9807/2021, known as State v Magane and 3 Others.

“The letter is directed to Major General E A Kadwa... this matter relates to the request for a re-enrolment of the docket, Booysen's case number 9807/2021. And that is the matter of the State v Magane and 3 Others.”

The office of the Director of Public Prosecutions has decided to prosecute the suspect in the matter of Warrant Officer Magane's case once pending investigations have been finalized.

“The office has decided to prosecute the suspect in this matter. This matter will be enrolled as soon as practically possible once the pending investigation have been finalized.”

Warrant Officer Magane has not been contacted since February 2025 about the possible re-enrolment of the charges related to his case.

“Have you been contacted since the letter in February 2025 about the possible re-enrolment? No, not at all, Commissioners.”

The criminal case against the accused was ultimately withdrawn by the National Director of Public Prosecutions (NDPP), effectively burying the matter.

“our case has been finally withdrawn from the NDPP's office. That is how this matter was buried.”

No letter confirming final withdrawal was available; only an order of provisional withdrawal existed.

“What we have is an order of provisional withdrawal, nothing else.”

A letter sent by the accused's attorneys in May 2025 to follow up on alleged re-enrolment was never responded to.

“there is a letter that was sent by his attorneys to follow upon this alleged re-enrolment. But that letter was never responded to. But that letter, it was sent in 2025 in May.”

The letter from the accused's attorneys speaks of a provisional withdrawal awaiting the decision of the National Prosecuting Service in 2024, and does not mention a final withdrawal in 2022.

“that letter from the attorneys speaks of a provisional withdrawal while awaiting the decision of the National Prosecuting Service. And then it speaks in paragraph 3 of correspondence in 2024. So it does not mention a final withdrawal in 2022.”

The letter containing reasons for not prosecuting was produced by Advocate De Kock from the Office of the NDPP and shared with the Evidence Leader.

“there is the ruling from the Office of the NDPP ... that should be the outcome of the representations and providing reasons why the State is not prosecuting.”

Advocate De Kock decided to withdraw the matter because photographs clearly showed no vehicle blocking the way for the accused's vehicle at the scene.

“this talks to the reasons as to why Advocate De Kock decided to withdraw the matter: "Captain Sebola allegedly alleged that Sergeant Ndou's marked police vehicle was parked in such a way to block the way for Magane's vehicle... It is clear from the photographs that there was no vehicle blocking the way for Magane's vehicle not to leave the scene."”

Photographs of the scene were taken by Skynet personnel without interference by the accused, and the accused could not later deny the existence of drugs or allegations against them.

“photographs were taken by Skynet personnel... Ms Wentzel also confirmed that there was no interference from the accused when they were taking photos. It would have been impossible for the accused to deny the existence of the drugs... and to deny the allegations made against them.”

The scene was chaotic and improperly managed, with confusion over involved vehicles and poor control, described as a 'stuff-up'.

“there was such confusion and utter chaos... the entire scene was a stuff-up, and there was no control whatsoever... initially it was everybody involved, then nobody, then somebody... The scene was a joke...”

Warrant Officer Magane agreed the scene was not properly managed and that he and Chief Mashaba initially stuffed it up before it came under control of DPCI members.

“the scene was not properly managed... Initially it was myself and Chief Mashaba... because now at this time, the scene was already under the control of DPC members...”

Advocate De Kock advised Major General Kadwa that after careful consideration of all available evidence and factors, there are no reasonable prospects of a successful prosecution in the matter of State v Magane and 3 Others.

“De Kock says: "After careful consideration of all available evidence and factors, I am of the view that there are no reasonable prospects of a successful prosecution."”

In February 2025, the Deputy Director of Public Prosecutions informed Major General Kadwa of the intention to reinstate charges, implying the matter was still alive at that time.

“in 2025, in February 2025, is when Deputy Director of Public Prosecutions informs General Kadwa of the intention to reinstate.”

The letter does not convey that charges have been withdrawn provisionally, contradicting earlier statements asserting provisional withdrawal only.

“'So this letter, on its face, does not convey that charges have been withdrawn provisionally. Do you accept that?' - 'Maybe. It does not say that.'”

In 2022, the prosecution matter relating to a specific case was provisionally withdrawn and kept being postponed until the Judge or Magistrate got upset.

“they agree with the recommendations not to pursue the prosecutions herein, and they say they are aware that the matter was struck from the roll... kept asking for postponements until the Judge or Magistrate got upset with them”

A BMW 7 Series vehicle and its occupant were involved in an incident where the occupant was told to sit in his car by General Khana and later arrested and taken to Booysen's Police Station.

“What happened to the BMW 7 Series and the occupant of that vehicle? Was he also arrested? ... He was arrested with you and taken to Booysen's”

The occupant of the BMW 7 Series vehicle was accused number 4 in the case relating to 715 kilograms of cocaine and was arrested alongside the driver and two others.

“He was accused number 4 in our case ... you effected arrest of three people, the driver and two other people”

The owner of the Scania vehicle was present at the scene during the loading of bags onto the van but was just sitting in his car observing, and was not asked to leave.

“Throughout the process as you were instructing the Scania people to assist you to load the bags onto your van, what was the owner of this vehicle doing? ... He was sitting in his car ... just observing”

The occupant of the BMW 7 Series vehicle who was an informer was allowed to remain at the scene despite being exposed publicly, which is unusual and concerning in police operations involving informers.

“... Nku had previously given information to other police ... a handler explained ... Nku was told that they did not find anything ... He was sitting in his car ... And you can not explain why he remained at the crime scene ... I have a worry that the presence of that person there was to look at those drugs and see what was to happen to them ... An informer follows the police and goes to the scene and remains until he is arrested, which is troubling ... he was always in his car ... an informer does not expose themselves and show who the perpetrator is ...”

Despite the risk of exposure, the police member Warrant Officer Magane did not see a problem with having an informer exposed publicly at the crime scene who was later arrested.

“The police, the Scania people ... do not see the risk or problem of exposing someone who has been said to be an informer ... are you not exposing the informer to danger? ... no, it did not cross my mind ... he was always in his car ... I would also say it was worrying”

Warrant Officer Magane has attended a handling informer course and acknowledges that handling an informer depends on the handler, who is the principal of the informer.

“That is correct. I know. I have attended a handling informer course ... it depends on the handler ... you are the principal of your informer”