Witness: Mr Nku.
Evidence Leader: Adv Mosikili.
Witness: Mr O' Sullivan.
Evidence Leader: Adv M Sello SC.
427 claims
369 transcript pages
2 published files
transcript: done
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Extracted claims
unrated
judicial process
90% conf.
Mr Nku decided to produce a further statement after consultation regarding matters raised on Thursday, indicating he wants to address those issues and will read the statement into the record.
“he has produced a further statement which he will read into the record, Chairperson, and he will explain, Chairperson, the circumstances that made him decide that he wants to do a further statement and why he wanted to come forth on the issues that we were raising with him on Thursday”
Mr Du Plessis, Mr Nku's attorney, was present on Friday but chose not to participate in the consultation. There is an agreement that Mr Du Plessis is not needed today, though no formal withdrawal has been made.
“Mr Du Plessis was present on Friday but decided not to be part of the meeting or the consultation, so he stayed outside. And Mr Nku can confirm that the agreement between him and Mr Nku was that he will not be needed today but he has not formally withdrawn, but that is the agreement between Mr Nku and Mr Du Plessis that he can confirm”
Mr Nku had reservations and fear about fully disclosing in his previous statements but after consulting with his spiritual leader, he decided to come to the Commission and set the record straight.
“In relation to the draft of the statement, upon my testimony on Thursday, I have had a long and hard chat with my spiritual leader. The dismay was indicated. It was, it became clear that regardless of what I fear, I must come to the Commission and lay it bare and then the Lord will take care of the rest. There had been reservations in what I have inserted in my previous statements and it was mainly out of fear. So after that chat, I saw it fit and correct that I need to come to the Commission and set the record as straight as I can and it was a conscious decision that one took.”
Mr Nku was introduced to a person known as 'IBY' or 'EBY' by his distant relative Mr Kebby Maphatsoe, a former Deputy Minister in Military Veterans between 2014 and 2019, which introduction he regarded as significant and credible at the time.
“I was introduced to a person known to me as IBY or EBY, by my distant relative Mr Kebby Maphatsoe. Mr Maphatsoe was known to me not only as a relative but also as a person who had occupied a public office including serving as a member of Parliament and as Deputy Minister in Military Veterans between 2014 and 2019. The introduction was therefore one that I regarded significant and credible at the time.”
Mr Maphatsoe informed Mr Nku in or about May 2021 that he allegedly required assistance relating to a shipment involving drugs connected to Iby's competitor, with the intended objective of using information to enable law enforcement to intercept the consignment.
“Mr Maphatsoe informed me that I by allegedly required assistance in relation to the movement of a consignment. I was informed by Mr Maphatsoe that I by required assistance with tracking a shipment which was said to involve drugs and which was allegedly connected to Iby's competitor. As it was explained to me the intended objective was to use information relating to the shipments so that law enforcement could intercept the consignment.”
The main objective of the bust was that the consignment must not reach its intended recipient, who is a drug trafficker and competitor of Iby Boss; the bust being recorded was crucial for credibility and reputation reasons.
“The main objective was that the consignment must not reach its intended recipient an bust is significant in that that would be the only indicator to I by that that was successful to do. Say for instance if the consignment was stolen without a recording of a bust there would not have been proof that the intended objective was met and over and above that an occurrence of a bust becomes recorded. It becomes a matter of public information so from a credibility point of view it would affect the reputation of the other party. The objective was not particularly relating to the consignment itself, but there are broader based schemes in terms of having access. So, the bust being lawful or unlawful, the most important thing was the bust occurring and a bust recorded, an objective would have been met.”
The intended recipient and Iby Boss both knew about the consignment and that the drugs were on the way, and Mr Nku was tasked by Mr Maphatsoe and Iby Boss to make sure the competitor does not get the shipment.
“Iby Boss would have to know that the consignment is intended for his competitor. ... And the competitor also knows that the drugs is on its way. ... You are then there ... tasked by Mr Maphatsoe and Iby Boss to make sure that this rival does not get the intended shipment, the drugs.”
Iby Boss is a drug trafficker and his competitor, also a drug trafficker, was the intended recipient of the consignment.
“Iby Boss is a drug trafficker, correct? ... The intended recipient is also a drug trafficker. ... And the intended recipient is a competitor of Iby Boss.”
The bust would have the benefit for Iby Boss of cutting or short-circuiting his competitor, disrupting the competitor's reliability and continuing supply relationships with suppliers.
“And then in that scenario what is the benefit to Iby if the drugs gets confiscated, so if there is a bust, whether lawful or unlawful? He would have cut or short circuited his competitor.”
If Iby Boss had obtained the drugs, it would have led to a turf war because the drug bricks are branded with a particular brand indicating their gang affiliation.
“If he would have gotten them, there would have been a turf war, because it would seem... there are markers of sorts ... indicating gang affiliation.”
There were no intentions to conduct the bust operation alone; the intended outcome was always for there to be a bust to establish the competitor's unreliability to their suppliers.
“No, at no point were there any intentions to do it alone. The intended outcome was for there to be a bust, ... so the whole point was for there to be a discovery that the competitor is unreliable to the people they are dealing with.”
Mr Nku had direct WhatsApp communications with a person called Alpha, who is identified as Iby Boss; however, he disputes that certain screenshots presented show direct chats with Alpha, explaining that some were forwarded from another device.
“Mr Nku had direct WhatsApp communications with a person called Alpha, who is identified as Iby Boss; however, he disputes that certain screenshots presented show direct chats with Alpha, explaining that some were forwarded from another device.”
Mr Nku received a screenshot image on 1 July 2021, forwarded by another user on the app, containing sensitive information which he kept private due to the nature of the information and the difficulty of encroaching on the network involved.
“it was forwarded to me ... it is on your device on 1 July 2021 as an image, as a screenshot ... It is another user on the app ... my reasons for keeping tabs, I would request not to place them on a public forum because there is highly sensitive information relating to this”
Mr Nku met with the person who introduced him to "Ibiy" and exchanged phone numbers, allowing communication via WhatsApp or other platforms.
“indeed, Chair ... the then you exchanged telephone numbers with this person ... indeed ... we could communicate with him through WhatsApp or any other platform”
Communication on the screenshot from 1 July 2021 involves two people, Alpha and another person responding to Alpha, on the device belonging to the person responding, not a three-way chat as initially suggested.
“It is two people, it is Alpha and whoever it is that is responding to Alpha ... I agree, Chair”
The screenshot sent to Mr Nku by John Wick on 1 July 2021 contained information about a plan involving shipment and advice given about offloading methods related to drug transport.
“this was relative to a plan by Ibiy to, so they were planning a shipment basically and there was, I would say he was being advised, of the strategy in terms of the planning ...”
Mr Nku states that becoming part of a criminal network's planning is extremely difficult without a specific request for intervention from the network.
“I am saying, Advocate Segeels, that to just come and encroach in a network, it is not easy. These are people who are seasoned in what they have been doing, so for me to get to that stage where I become part of their plannery in the network, it is extremely difficult, unless when they would reach a difficulty and request intervention that would be a last draw on their end”
Advocate Segeels suggests that Mr Nku succeeded in becoming part of the network since he received a screenshot of a conversation relevant to the network planning.
“But it seems from this text that you succeeded, because why would they send you a screenshot of a conversation between John Wick and Iby if you had not been successful in becoming part of their network”
Mr Nku clarifies that getting an 'inside man' during planning is not the same as being inside the network itself, and he is reluctant to publicly disclose reasons related to having an inside man.
“Succeeding in terms of getting an inside man is not similar to succeeding being inside yourself. So, that is why I say that I would not want to publicly divulge reasons why one had an inside man”
Mr Nku denies that the screenshot communication about shipment relates to the drugs that ended up in Aeroton and denies involvement in the planning discussed in the screenshot.
“no, no, it does not relate to this ... this is planning basically ... I would have had further communications regarding that ...”
Mr Nku's involvement was not with the Aeroton consignment that landed but rather with a different consignment that was in planning.
“I was getting information fed... So, it would seem that they were planning a shipment... Still consignment still to come... No, a different one... That was still to come...”
Mr Nku explains that he was gathering intelligence informally during the planning phase and only knew one individual personally until 2021, and that contact with John Wick was incidental due to being in the same environment.
“I only knew the gentleman that year in 2021... John Wick character is not someone that I knew just that yet. It is someone that, it is just that it happened that one became aware, oh, you are in the same room with certain individuals, so that is why for me it was easy to get information from him, albeit I am not part of the planning”
Mr Nku kept tabs on a group related to the consignment planning not at Aeroton due to the nature of the organization the informant was from, and he fears public disclosure would endanger his life.
“My reasons for keeping tabs and wanting to, or rather being involved in a sense of getting the information... directly relates to the type of organisation that the gentleman is from, which divulging that publicly would put my life even in more danger than it already is... For me to keep tabs was directly in relation to the organisation that the gentleman is involved with”
Mr Nku states that his introduction to the consignment group by Mr Maphatsoe was vague and not specific to any consignment but was part of internal planning connected to competitors of Iby.
“The introduction was not consignment specific, I would say that, but it was because they also had an inside man on the other side... yes, so this is their internal planning... It was not planning for disrupting other people's operations... The mandate was rather there is so-and-so who is in the same business as Mr Iby”
Mr. Nku met with Iby and was asked to organize a bust to discredit a competitor's network.
“The mandate was look, there are people that are our network's competitor, I would love you to organize a bust, ... make sure that it is out there and that network is discredited”
Mr. Nku assisted Iby with a delayed shipment of parts related to a flagged container, which underwent rigorous inspection and was eventually cleared through proper channels.
“The shipment had been delayed... container is flagged... undergoes rigorous inspection ... it seemed to be a paperwork issue ... let your clearing agent send all the relevant paperwork to Transnet ... I think that was cleared but it was handled between the clearing agent and the Transnet people”
Mr. Nku was introduced to Iby in relation to a political and legal matter in Western Africa involving a high-ranking official, and received financial aid for himself and his associates.
“I got introduced to him relating to, I needed, my associates and I needed financial aid but it was mostly a political matter in Western Africa ... there was a legal matter pertaining to a high-ranking official there which I needed financial aid on. That is how we actually got introduced”
Mr. Nku has a conversation on WhatsApp with Chief Mashaba and Iby about keys related to a matter on 25 and 29 June 2021, involving VJ and difficulties with keys.
“Conversation is the 25th of June 2021 ... and screenshot on your phone is 29 June 2021 ... mentioning keys ... that conversation is between you and Chief Mashaba and that conversation is the 25th June ... and ... you also have that conversation with Iby also on WhatsApp ... He is pleading to check with him ... he won't give me the keys or the phone ... he put up a big stink about General Mashaba ... and someone called up about the keys, not Mashaba, said he works with him ...”
Mr Nku confirmed there was a WhatsApp request from someone named Iby to Chief Mashaba to get keys related to a car that belonged to a person who was in hospital.
“there was a request ... on my WhatsApp's directly from Iby to request that Chief Mashaba get him the keys ... relating to a car which had office keys ... the person to whom those keys belonged was in hospital”
There is a chat screenshot dated 21 May 2021 involving Mr Nku and others discussing the keys and container and seal, with a person named Philipp Plein involved.
“a chat which is an image, a screenshot on your phone and it is 21 May 2021 ... can you get the pics of the container and seal ... so it is not going to happen today ... boss, the driver details still have not been loaded yet”
The phone number communicated on the chat corresponds to Mr Nku's number, though he did not save it as Philipp Plein on his phone.
“Indeed, this was my telephone number, but I never saved it as this ... on Truecaller ... So that number did not always have that as an alias in Truecaller”
The name Philipp Plein was saved by a person named Alpha in the chats, and is not necessarily the name Mr Nku uses for himself or was known by.
“On these chats, it is Alpha who had saved you as Philipp Plein ... It does not matter that you do not call yourself or ever called yourself Philipp Plein.”
Mr Nku denies that every occurrence of the name Philipp Lane in the chats is him, but accepts that every other place the name appears would have to be his phone number attached to it.
“I c o n c e d e t o w h a t C o m m i s s i o n e r K h u m a l o i s s a y i n g , t h a t e v e r y o t h e r p l a c e w h e r e t h e n a m e w o u l d a p p e a r , i t w o u l d h a v e t o b e m y p h o n e n u m b e r a t t a c h e d t o i t .”
Mr Nku states his main objective was to have a shipment intercepted and disrupted before reaching its intended recipient.
“S o t h e m a i n o b j e c t i v e w a s f o r t h e r e t o b e a p a s t ... t h e i n t e r c e p t i o n s h o u l d h a v e h a d t o h a p p e n , a s l o n g a s i t w o u l d h a v e d i s r u p t e d t h a t c o n s i g n m e n t r e a c h i n g i t s i n t e n d e d r e c i p i e n t .”
Mr Nku intended to use his contacts within Transnet and the broader logistics environment to identify, trace and monitor the movement of the shipment and to have Chief Mashaba coordinate or facilitate operational aspects of retrieval or interception before operational steps were taken.
““ A s I u n d e r s t o o a n d f o r m u l a t e d i t a t t h e t i m e w a s t o u s e m y c o n t a c t s w i t h i n T r a n s n e t a n d t h e b r o a d e r l o g i s t i c s e n v i r o n m e n t t o i d e n t i f y , t r a c e a n d m o n i t o r t h e m o v e m e n t o f t h e s h i p m e n t . O n c e t h e r e l e v a n t i n f o r m a t i o n h a d b e e n o b t a i n e d , m y i n t e n t i o n w a s t o i n v o l v e C h i e f M a s h a b a t o c o o r d i n a t e o r f a c i l i t a t e t h e o p e r a t i o n a l a s p e c t s o f t h e r e t r i e v a l o r i n t e r c e p t i o n b e f o r e d e a l i n g w i t h t h e s t e p s t h a t w e r e t a k e n .””
Enforcement of seizure of goods did not always result in complete or proper seizure; sometimes only a portion was formally recorded or booked into custody.
“enforcement did not always result in what I understood to be a complete or proper seizure of all goods discovered. In certain instances, only a portion of the goods appeared to be formally recorded or booked into official custody”
Chief Mashaba would contact the witness to enquire whether he had access to information concerning illegal activities to benefit either through recovered goods or exerting pressure on persons involved.
“Chief Mashaba on occasions when he required money would interact. He would contact me to enquire whether I had access to information concerning illegal activities from which he might benefit either through a portion of what was recovered or through exerting pressure on the persons involved”
Mr Nku sought assistance from Mr Zama Khuzwayo within Transnet to obtain tracking information about a shipment arriving in South Africa; this was necessary before operational steps could be taken.
“I enlisted Chief Mashaba to assist with the request communicated to me by Mr Mphatswe Ngibi. Before any operational steps could be taken, it was necessary for me to confirm the existence of the shipment and establish its movement once it arrived in South Africa. For that purpose, I travelled to Durban. My intention in travelling to Durban was to approach an acquaintance of mine within Transnet, Mr Zama Khuzwayo, so that he could assist in retrieving the relevant tracking information relating to the shipment”
Mr Khuzwayo was internally blocked from accessing live tracking information on the shipment within Transnet, allegedly due to higher-level interference to limit employee access to specific container consignment information.
“Mr Khuzwayo informed me that, unfortunately, he was blocked internally from accessing the same. The suspicion is that someone higher could have blocked that access for other reasons, to limit the number of Transnet employees from this particular container. From my knowledge and understanding of the Transnet system, it appeared to me that the persons associated with the shipment may have had contacts in Transnet who were monitoring the consignment and activated this limited access within Transnet. The effect of this was that other persons attempting to access the relevant information would be blocked or prevented from doing so”
Usually only registered contractors affiliated with Transnet service providers are allowed to collect consignments; independent truckers are required to be registered to participate.
“usually when collections are made, they are made by, I would say, affiliated logistics companies, companies which are – they form part of the service provider model within Transnet. So they are in the database. They then become part of their active directory. So even if you were an individual trucker, you would have to be registered”
Within Transnet, access to tracking and container information can be blocked or limited by higher-ranking officials or IT administrators to restrict access to flagged containers.
“in instances where there would be interests around specific containers, high-ranking officials within the company would block access or would have IT administrators, people they work close with, to limit or block access. So it would be as if it is a dedicated case. So I would say a soft block of some sort, as if that container is flagged, the file only to be opened by a case manager in that regard. So the difficulty that he incurred was gaining access to the file itself pertaining to the container in question”
MR N K U confirmed that tracking and trace information exists for a container transported by a truck, which eventually arrived at Yellow Jersey depot.
“this is the same truck that eventually was, at least arrived at Yellow Jersey ... confirmed that the truck was in fact on the move and provided information regarding the truck's whereabouts after departure from Durban port”
MR N K U was provided a contact person, Sandra Hedendracht of Yellow Jersey, who confirmed the movement and location coordinates of the truck carrying the container.
“The contact person was Ms Sandra Hedendracht of Yellow Jersey. Ms Hedendracht confirmed that the truck was in fact on the move and provided information regarding the truck’s whereabouts after departure from Durban port”
The truck had not yet arrived but was already in the Gauteng area and was expected to arrive early to potentially meet the owners at the depot before 6:30 AM.
“the truck had not arrived, but yet it was not far off. It was already in the Gauteng area... the reason why I maintained to Chief Mashabatha that we need to be there by 6.30, was a high possibility of obviously the owners coming through.”
Mr Nku made three calls to Sandra, with the last call on a landline sharing information about the location of the truck.
“at least on page 11 we have a recording of three calls that you made to Sandra?... she was sharing information about the location of the truck as it was coming towards Yellow Jersey.”
Telegram timestamps appear to be in UTC, needing a two-hour addition to match South African time.
“the Commission has also come to accept that at least on Telegram you need to add two hours to the time reflected there... if it is UTC then we add two hours.”
Mr Nku forwarded a message to Chief Mashabatha with the coordinates to Yellow Jersey and a request to be there before 6:30 AM.
“you text or you forward a message to Chief Mashaba, sending him at least what appears to be the location or the coordinates to the Yellow Jersey in Roodepoort... you send a message that follows to say we need to go there, and lastly you mention the time where it says before 6.30.”
Mr Nku was advised to be early at Yellow Jersey depot before 6:30 AM to anticipate owners showing up before the bust.
“upon the advice that I got on the call that I made that it might be that when you do the bust after 6.30, the owners would have been there before you. So try to be there earlier, before .30.”
Initial plan was for Chief Mashabatha to arrange law enforcement agencies to intercept the truck at appropriate locations, possibly at weigh bridges.
“At that stage I expected Chief Mashaba, given the position within the DPCI, to arrange for the involvement of the appropriate law enforcement agencies and personnel... the truck could be tracked and intercepted at an appropriate location, including possibly at one of the weigh bridges along its route.”
Tracking information was not obtained in time to intercept the truck on route, so the operation was planned at Yellow Jersey depot where the truck was located.
“because the tracking information was not obtained in sufficient time to permit an interception while the truck was still en route, I formed the view that the operation would instead have to be planned and carried out at the Yellow Jersey depot, where the truck was understood to be located.”
Upon receipt of live truck tracking information, the plan was to engage Chief Mashabatha to intercept the truck at one of the weigh bridges before reaching Yellow Jersey depot.
“you are saying that had you received the information regarding the live tracking of the truck, then the initial plan was to engage Chief Mashaba to at least intercept the truck before it reaches Yellow Jersey? - At the weigh bridge... Yes, at one of the weigh bridges.”
On the morning of 2021-07-09, Mr Nku met Chief Mashabatha and proceeded to Yellow Jersey where he observed Chief Mashabatha had arrived alone without law enforcement or operational support.
“On the morning of the 9th 2021, I met with Chief Mashabatha, we proceeded to Yellow Jersey. I was surprised to observe that Chief Mashabatha had arrived alone and was not accompanied by any visible team of law enforcement officials or operational support.”
By around 7:20 AM, Warrant Officer Mogana arrived at the scene in a black NP300 Nissan vehicle and was briefed by Mr Nku about the truck and information.
“At around 7:20 a.m., a gentleman in a black NP300 Nissan, which I learned later to be Warrant Officer Mogana, arrived in the scene. I briefed him about the truck and any information I had.”
Chief Mashabatha assured Mr Nku not to be concerned and that support was on its way, making several telephone calls.
“Chief Mashabatha informed me that I should not be concerned and assured me that support was on its way. He then made a number of telephone calls and thereafter repeated his assurance to me that the required support was coming.”
Chief Mashabatha and Warrant Officer Mogana went inside Yellow Jersey premises to follow up on the information and appeared to agree to open the container, witnessing black duffel bags fall out which matched previously sent pictures containing alleged drugs.
“Chief Mashaba and Warrant Officer Mogana went inside the premises of Yellow Jersey to follow up on the information I provided. Within a few minutes, the two came back and Mashaba told me to follow them... They seemed to have agreed to open the container. As soon as they opened the container, I witnessed black duffel bags falling off the container. These bags matched the pictures of the black duffel bags that were sent to me previously containing alleged drugs by Iby.”
Mr Nku expected Chief Mashabaan and colleague to take the black bags containing drugs to the Alberton police station, but instead a marked police van and additional police including the Flying Squad arrived, indicating tension and deviation from the initial agreed plan.
“I was then satisfied that the job was being well executed. At this point, I expected Chief Mashabaan and his colleague to take the black bags to the Alberton police station. However, soon thereafter, a marked police van arrived on the scene. I witnessed Chief Mashabaan and Warrant Officer Mogana engaged with the two police when he had just arrived. My initial assumption was that the marked police van was there to escort Chief Mashabaan and the consignment to Alberton police station, as initially agreed. However, more police men arrived, including the Flying Squad.”
Mr Nku confirmed that the number of bricks/blocks in the consignment was 805.
“And perhaps maybe to round off that paragraph, you indicate that you were informed that the bricks would be, or the blocks would be 805. Do you still confirm that number?
Yes, I confirm that.”
Mr Nku's ultimate aim was sabotage to ensure that the drug consignment did not reach its rightful owner, even if exhibits were not all booked, indicating deliberate action against the consignment's delivery.
“My ultimate aim was to sabotage and ensure that the drugs do not reach the rightful owner. The logic behind this was that if the consignment was sabotaged, it would benefit as he was the competitor to that consignment.”
Mr Nku deliberately omitted reading the word 'either' in paragraph 26 of his statement because he had marked it for removal with Advocate Ncube.
“Mr Nku, do you see that we scratched the words, Chair, I do not want to read them into the record... He had indicated that he wants to remove certain words. ... No, it was deliberate, Chair. I did not read the either as I had already marked this along with Advocate Ncube.”
Mr Nku's mandate was to ensure the consignment did not reach its rightful owner, consistent with what Chief Mashaba would have done if he made the bust; he maintained neutrality.
“Commissioners, my mandate was that this consignment does not reach its rightful owner. That is what Chief Mashaba would have done as long as he makes the bust. I would have remained neutral.”
Mr Nku explained the tension between different South African Police Service (SAPS) members as more police arrived, especially Warrant Officer Rikhotso, and he was later approached by Warrant Officer Mogoboya who inquired about his involvement and informed him General Khan was on his way.
“As more police arrived, in particular Warrant Officer Rikhotso, I noticed there was tension between different SAPS members. I was then later approached by Warrant Officer Mogoboya, who asked me what was my involvement, to which I told him that I was the source and then told me that General Khan was on his way.”
Mr Nku called Dr Precious Mabuza, daughter of the late Deputy President Mabuza, to share his discomfort with the drug bust situation. Dr Mabuza promised to inform Lieutenant General Mboto of the Hawks in North West Provincial Head office, but Mr Nku's phone was taken away and he did not receive that call. Later, Dr Mabuza informed him that Lieutenant General Mboto tried to call him multiple times after his phone seizure.
“I then called Dr Precious Mabuza, who is the daughter of the late Deputy President Mabuza. I told her that I gave information to SAPS about a drug bust, but the situation was making me feel uncomfortable. She promised me that she will inform Lieutenant General Mboto from Provincial Head of Hawks, DPCI North West. However, my phone was shortly taken away and I did not receive that call. I was later informed by Dr Mabuza that General Mboto tried to call me multiple times on the day, by the time my phone had been seized.”
Mr Nku stated that his view of Chief Mashaba was that Chief Mashaba could take a portion of the consignment and also claim victory for the bust, but he would remain neutral, his mission being to prevent the consignment from reaching its competitor.
“My view of Chief Mashaba was that he could take a portion of consignment and simultaneously claim victory for the bust. Whichever way, I was neutral, my mission would have been achieved, preventing the consignment from reaching its competitor. This view is informed by previous incidents and experiences I have observed regarding Chief Mashaba.”
Mr Nku states that his role was neutral and aimed at preventing a consignment from reaching its competitor, informed by previous incidents regarding Chief Mashaba.
“I was neutral as my mission would have been achieved, preventing the consignment from reaching its competitor... This view is informed by previous incidents and experiences I have observed regarding Chief Mashaba.”
Mr Nku confirms that the silver grey BMW he was driving was registered in the name of Mohammed Baba, with an agreement that he (Nku) would purchase it and pay in installments, with Baba initially supposed to buy the car but lacking funds.
“If further confirm that the silver grey BMW series which I was driving at the scene... was registered under the name of one Mohammed Baba. My agreement was that I by would purchase the vehicle on my behalf and I would pay in instalments until final payment.”
Mohammed Baba is described as a dealer-stalker with cheaper prices allowing him to buy cars at much less than the book value, and he lacked funds to buy the vehicle himself, leading to an arrangement involving Mr Iby to facilitate the purchase.
“Baba, initially he was to purchase the car for me. But then because he did not, he is a dealer-stalker, so he did not have the funds... we then agreed that we would approach Iby to make the purchase...”
The car was brand new, bought as a BMW, with payment and sale arrangements between Baba and Iby, and Mr Nku being the ultimate beneficiary but not the direct purchaser.
“It is a brand-new vehicle from what I understood... the sale agreement for this motor vehicle was between Baba and Iby... I was the ultimate beneficiary... payment arrangement was between the two of them.”
Mr Nku explains that Baba and Iby had a longer relationship than him with each other, so Baba acted as a common trusted party in the vehicle purchase transaction with Iby on behalf of Mr Nku.
“Chair, one of the reasons would have been as half, that is why I, the how parts were actually directed to the why part and that is because Mr Baba and Mr Iby had a much longer relationship than I do and Mr Baba had a much longer relationship as opposed to myself and Iby... Mr Baba becomes a common trusted source or trusted party between the two of us in terms of vouching that okay, even if this man does not come good on his promise, I will sort it out, because we have got a much longer history in terms of car sales between myself and Mr Baba.”
Mr Nku confirms that R60,000 cash he had was intended to pay Mr Zamu Khuzwayo in Durban for Transnet tracking information on a truck, but Khuzwayo was unable to provide access to the system, so no payment was made.
“I further confirm that the R60,000 cash that I had with me was intended to pay people in Durban, in particular, Mr Zamu Khuzwayo, to provide me with Transnet tracking information of the truck. However, as explained earlier on, Mr Khuzwayo could not get me the access to the tracking system. As a result, I did not pay him...”
R60,000 was originally owned by Mr Nku but was intended to be reinvested with people facilitated by Mr Mphaswe, including a particular person in Durban named Mr Zamu Khuzwayo.
“The R 6 0 , 0 0 0 w a s m i n e , b u t t h e u n d e r s t a n d i n g w a s t h a t I b y w i l l r e i n v e s t m e i n t h e p a r t o f t h a t a r r a n g e m e n t w h o w e r e f a c i l i t a t e d b y M r M p h a s t w e [ ? ] .”
Chief Mashaba was supposed to organize law enforcement to arrive at the 'Yellow Jersey' location at 6:30 am to confiscate drugs, but there was no reason to pay him cash for this assistance.
“Chief Mashaba was supposed to organise law enforcement and they were to arrive at Yellow Jersey at 6 . 3 0 in the morning and law enforcement confiscated all these drugs, what was going to be the benefit for him to wake up at 5 . 0 0 in the morning to be there at 6 . 3 0 for something that SAPS or DPCI was going to take and claim credit ? ... There would not have been any reason , because , hence I say , in my experience , in my past experiences , there have been instances I have given information and then things comes short . So I would not have had any need to pay him . I stayed there , hence I maintained that I was neutral . My number one objective was to make sure that there is a bust , it is a recorded bust.”
Mr Nku asserts he was supposed to spend the R60,000 in Durban and was not meant to bring it back with him.
“The 6 0 , 0 0 0 p a r t , a c t u a l l y , I w o u l d h a v e c a m e b a c k f r o m D u r b a n w i t h o u t i t . I s h o u l d h a v e c a m e b a c k f r o m D u r b a n w i t h o u t i t , u n d e r n o r m a l c i r c u m s t a n c e s , b e c a u s e i t w a s s u p p o s e d t o b e s p e n t t h e r e , n o t f o r m e t o c o m e b a c k w i t h i t .”
Mr O'Sullivan was involved in crime-fighting efforts for 40-50 years, beginning in 1978 when he received an award from Scotland Yard for preventing a crime and arresting a suspect.
“my crime-fighting efforts go back some 40 or 50 years, in fact. In 1978, I received an award from Scotland Yard for preventing a crime in place and arresting a suspect”
Mr O'Sullivan focused on drug cartels and organised crime regarding corruption during his police career until he was dismissed by then-Commissioner Jackie Selebi.
“I started focussing on drug cartels . I also started focussing on Organised Crime in so far as corruption is concerned . My career in the police came to a rapid end when I was dismissed by then-Commissioner of Police Jackie Selebi”
Mr O'Sullivan joined the police in 1990 and served for 36 years, voluntarily giving between 60 to 80 hours a month beyond the required 8 hours.
“I joined the police back in 1990 , which is now 36 years ago . I gave of my time freely on a regular basis . Most reservist police officials would put in between 10 eight and 15 or eight and 20 hours a month . You are required to do eight . I regularly did 60 to 80 hours a month”
During the first 10 to 14 years, Mr O'Sullivan made a number of arrests and was shot three times on duty.
“During that first , shall we say , 10 or 12 or 14 years , I made a number of arrests as a police official . In fact , I was shot on duty three times .”
After leaving the police, Mr O'Sullivan formed a charity called Forensics for Justice focused on fighting corruption within the criminal justice system, financed by himself.
“I formed a charity called Forensics for Justice , which I financed myself . Forensics for Justice focused on dealing with corruption within the criminal justice system”
Mr O'Sullivan was a lecturer at the Police Training Centre and simultaneously conducted policing at the airport via a reservist unit he helped form, including members speaking different languages to impact crime at the airport.
“I was also carrying out policing at the airport in the Border Police . So there was a reservist unit at the airport which I helped form , which comprised of about 35 volunteer members , and I selected people that spoke different languages so that we could have some impact on the crimes that were taking place at the airport . But during the period in question here , I was the head lecturer at the Police Training Centre”
Penetration of the criminal justice system by organised crime is not new; it has been ongoing for many years before the 2025 public revelations by General Mkhwanazi.
“Penetration of the Criminal Justice System by Organised Crime is Not New ... criminals have been able to successfully penetrate the criminal justice system long before 6 July 2025”
Mr O'Sullivan served with the United Nations Police, seconded from the British Government, and later to the BSAP in Rhodesia (now Zimbabwe).
“I was working for the British Government , I was seconded to the United Nations Police , and ultimately I ended up being seconded for a period to the BSAP, which was the police in what was then called Rhodesia , is now called Zimbabwe”
General Mkhwanazi's complaint of interference by the Minister of Police dates back to 2011, during which he unlawfully complied with ministerial interference.
“interference by the Minister of Police , is something that happened way back in 2011 , at which time General Mkhwanazi elected to unlawfully comply with said Ministerial interference”
General Mkhwanazi has known about the links between organised crime and the police for many years; it is not a new phenomenon.
“General Mkhwanazi has known about the links between Organised Crime and the police for many years . It is not something he suddenly became aware of last year”
In the 1990s, Superintendent Piet Meyer, Head of Organised Crime in KwaZulu-Natal, was sentenced to 10 years for colluding with drug traffickers.
“in the 1990s , when the Head of Organised Crime in KZN , Superintendent Piet Meyer was sent to prison for 10 years for colluding with drug traffickers”
Penetration of organised crime into the criminal justice system has been going on for a long time, not just recently highlighted by General Mkhwanazi in 2025.
“Actually , it has been going on for donkey's years . And to have it suddenly thrust into the public eye on the 6th of July last year”
General Mkhwanazi has known about the links between Organised Crime and SAPS for many years, and took unlawful steps to deal with a senior police official involved in the penetration of Organised Crime into the criminal justice system.
“General Mkhwanazi has known about the links between Organised Crime and SAPS for many years ... not only his knowledge, but the steps he took, in my opinion unlawful steps, to deal with one of these senior police officials that was involved in the penetration of Organised Crime into the criminal justice system”
Commissioner Selebi interfered in the investigation of Brett Kebble's murder by allowing Kebble's Mercedes to be removed from Norwood Police Station by a brother-in-law of one of the murderers to a car body workshop, where forensic evidence was cleaned.
“Commissioner Selebi interfered in the investigation by allowing Mr Kebble's Mercedes... to be removed from Norwood Police Station by a brother-in-law of one of the murderers to a car body workshop where it was cleaned of all forensic trace evidence”
Mr Agliotti made his immoral living by importing and exporting narcotics and counterfeit cigarettes, often moving drugs and/or counterfeit cigarettes with a police escort arranged by Captain Paul Stemmet, who was not a real police officer but appointed by Commissioner Selebi at Mr Agliotti's request.
“Mr Agliotti made his immoral living out of importing and exporting narcotics and counterfeit cigarettes ... often moved drugs and/or counterfeit cigarettes with a police escort arranged by a certain Captain Paul Stemmet. Captain Stemmet was not even a real police officer. He had been appointed by Commissioner Selebi at Mr Agliotti's request”
Captain Paul Stemmet was not on the police payroll, had never undergone police training or worn a uniform, but had a police identity badge issued by Commissioner Selebi.
“He was not even on the police's payroll system and had never undergone any police training or fitting out of uniform. But the sad part about it is he had a police identity badge that was issued by Commissioner Selebi”
Mr Clinton Nassif bribed Commissioner Selebi to expedite firearm licenses for a security company, and later supplied the same firearm used to murder Brett Kebble in September 2005.
“Mr Nassif also bribed Commissioner Selebi so that he could expedite the issue of firearm licenses for a security company. Mr Nassif later supplied the same firearm that was used to murder Mr Brett Kebble in September 2005”
Mr Agliotti made a first draft confession to the Scorpions in his attempt to obtain indemnity in return for implicating Commissioner Selebi; Commissioner Selebi was sentenced and his appeal was dismissed.
“Annexure B1 is the first draft confession made by Mr Agliotti to the Scorpions... Annexure B2 was the judgment of the High Court sentencing Commissioner Selebi. Annexure B3 is the judgment of the Supreme Court of Appeal dismissing the appeal of Commissioner Selebi against this sentence”
Commissioner Selebi maintained relationships with persons such as Mr Agliotti and Captain Paul Stemmet who engaged in narcotics and counterfeit cigarettes trafficking; Selebi was bribed by Mr Clinton Nassif; these facts are supported by documents.
“Mr Selebi or Commissioner Selebi maintained relations with persons such as Mr Agliotti and Captain Paul Stemmet who made an immoral living out of importing and exporting narcotics and counterfeit cigarettes... And Mr Selebi rather, being bribed by one Mr Clinton Nassif. Those facts... derive from the documents that you list at your paragraph 1.2.10”
MR O'Sullivan has personal knowledge of the facts about these relationships and the murder of Brett Kebble, having met a source the morning after Kebble's murder who gave him information about the gun used.
“I do have personal knowledge ... The morning after Brett Kebble was murdered... on the morning of the 16th of September 2005, I met with a source at the McDonald's at Bruma who gave me the information about the gun that was used to kill Mr Kebble”
Suspension of Vusi Pikoli as NDPP was aimed at preventing the arrest and charging of Commissioner Selebi; this decision was taken unlawfully by then Justice Minister and then President.
“The then Justice Minister... took, in my opinion, an unlawful step, together with the then President, in suspending Vusi Pikoli because I understood that that suspension, in fact, was aimed at preventing the arrest and charging of Commissioner Selebi”
The Agliotti syndicate, a drug cartel and counterfeit cigarette cartel, had infiltrated the criminal justice system at the highest level, using their contacts to continue criminal activities undetected.
“the Agliotti syndicate , which was a drug cartel and counterfeit cigarette cartel , they had well and truly infiltrated the criminal justice system and were utilising , at the highest level in the criminal justice system , their contacts to enable them to continue with their criminal activities undetected .”
Radovan Krejčer was heavily involved with a chain of strip clubs known as Teazers and involved in importing women to work in these clubs, with attempts on the investigator's life linked to this case.
“I had identified Radovan Krejčer as being heavily involved with a gentleman from a chain of strip clubs known as Teazers . And I had identified that he was involved with importing , for want of a better expression , ladies to work in these type of clubs . And I was trying to get the police to take action against him . And in every turn I was failing .”
General Mabasa, the Gauteng Provincial Head of Crime Intelligence, contacted the investigator out of the blue to get information about Radovan Krejčer and expressed intent to take him down.
“I had not been in communication with him ever before that , and he invited me to his office . I went there , and he told me , no , he heard I have got information about Radovan Krejčer and he wants to take down Radovan Krejčer .”
General Mabasa's wife was a director of a company together with Radovan Krejčer's wife and resigned shortly after this relationship was exposed in the media.
“I find that this wife is a director of a company with Radovan Krejčer 's wife . ... the wife of General Mabasa became a director of that company on the 10th of October 2009 and she resigned as a director of that company on the 30th of June 2010 . ... that the date of her resignation is two weeks after I had exposed the fact that General Mabasa 's wife was in business with Radovan Krejčer 's wife . And it was all over the media . And then she promptly resigned .”
The investigator sent a serious complaint about General Mabasa to General Dramat and General Sibiya, who were then heads of DPCI in Gauteng, leading to General Mabasa being suspended and later given a golden handshake instead of being prosecuted for corruption.
“my complaint , which is a very serious complaint , which I sent to General Dramat and General Sibiya at the time was the head of DPCI in Gauteng . And I sent them a very serious complaint . And within a week or two , General Mabasa was suspended and then he was later given a golden handshake .”
There is a problematic culture in the police where officers who step out of line either get moved to another department or receive a golden handshake, rather than disciplinary action.
“if you step out of line , you either get moved to another department within the police ... or you get a golden handshake and you are released from the police .”
General Mabasa should have been arrested and prosecuted for corruption but was instead given a R35,000,000 golden handshake and left the police unceremoniously.
“General Mabasa left the police unceremoniously and was paid out a R 35000000 golden handshake when in fact he should have been arrested and prosecuted for corruption .”
Senior generals implicated in cases of corruption are often not arrested but receive golden handshakes and are let off the hook.
“whenever you get these senior Generals in the cases that I am referring to , who should have been arrested and charged with corruption , they are in fact getting golden handshakes and let off the hook .”
Alekos Panayi, bank manager for Cypress Bank in South Africa, was involved in money laundering between Radovan Krejčer and Lolly Jackson, which led to the murder of Lolly Jackson.
“Alekos Panayi , who was the bank manager for Cypress Bank in South Africa , who was doing money laundering between Radovan Krejčer and Lolly Jackson . And that is what led to the murder of Lolly Jackson”
Radovan Krejčer presented a fake document indicating he had transferred money into Cypress Bank, but he did not transfer any money; Lolly Jackson handed over a duffel bag full of cash with no corresponding bank transfer, causing animosity that led to the murder of Lolly Jackson.
“the final transfer they did , Radovan Krejčer presented a fake document indicating that he had transferred money into the Bank of Cypress , when in fact he had not transferred any money at all . And Lolly Jackson then handed over a duffel bag full of rand s and cash , and there was no concomitant transfer into his bank in Cypress . So that caused the animosity between them , which ultimately led to the murder of Lolly Jackson .”
Mr O'Sullivan investigated the money laundering and handed a detailed sworn statement from the bank manager Alekos Panayi to General Mabasa.
“and that is what I handed over to General Mabasa , because I had interviewed this bank manager and I had taken a very detailed sworn statement from him , and I supplied that to General Mabasa .”
Mr O'Sullivan shared investigation information about Radovan Krejčer with Generals Sibiya and Dramat to ensure knowledge was at different police levels and to avoid a single point of failure.
“Whatever I supplied to General Sibiya at that moment in time , I used to also supply to General Dramat because I did not want a single point of entry . I wanted there to be knowledge at different levels within the police about what was going on .”
General Mabasa, who called Mr O'Sullivan without solicitation, was the National Head of DPCI at the time.
“Having shared that file with General Sibiya , who you say was DPCI Gauteng Provincial Head , and General Dramat , what position did he hold at the time ? He was National Head of DPCI .”
Mr O'Sullivan mistakenly assumed General Mabasa was reaching out due to knowledge and gave him the investigation file because he concluded Mabasa and Sibiya had instructed Crime Intelligence to investigate the matter.
“I wrongly came to the conclusion that General Dramat and General Sibiya had instructed Crime Intelligence to get to the bottom of this matter , and I assumed , therefore , that General Mabasa was reaching out to me because he had knowledge . So if you have got this knowledge , then you must be involved in it . So I readily gave him this file .”
Mr O'Sullivan found out that General Mabasa's wife was in business with Radovan Krejčer’s wife and that they were directors of the same company, suggesting possible corruption.
“I immediately found out that General Mabasa's wife was in business with Radovan Krejčer's wife . They were directors of the same company . And I could not think of any logical reason other than it was to conceal some form of corruption .”
Mr O'Sullivan confirmed he did a check on the vehicle registration through a lawful, private closed-source database accessible to certified fraud examiners and forensic investigators, not the public NATIS system.
“We do not have access to the NATIS system . We have access to what we call closed - source databases . So we have to sign a code of conduct . So they are accessible by certified fraud examiners , forensic investigators . It is not the same system that the police use . It is a private system that is used . For example , Trans Union , I do not actually do the checks myself . I have staff that do it , but I do not know the systems we use , but they are all above board and all lawful .”
Certification and registration of fraud examiners is done by the Association of Certified Fraud Examiners, which has a rigorous process requiring a first degree, two years of work in the fraud field, and passing rated exams.
“The Association of Certified Fraud Examiners. There is a South African chapter. There is a chapter in most countries in the world. And it is a very rigorous process to go through. You have to have a first degree. You have to do two years of work in the fraud field and then you have to sit exams. I think the exams are rated as NQF 8.”
The activities of certified fraud examiners are regulated by the Association of Certified Fraud Examiners, which is not a state regulator but has committees and a disciplinary committee to address misconduct.
“It is the Association of Certified Fraud Examiners. ... Not a state regulator, no. ... It is very well regulated, trust me. And they have different committees. They have a disciplinary committee. So if a certified fraud examiner has been misbehaving, he can be struck off. So it is fairly well regulated.”
The code of conduct contracts with the information bureau for certified fraud examiners includes checks that ensure the person does not have a criminal record, making it a tight system used by lawyers, fraud examiners, and chartered accountants in forensic accounting.
“when you enter into these code of conduct contracts with the information bureau, they carry out checks on you to make sure that you do not have criminal record and stuff like that. So it is quite a tight system. It is used by lawyers. It is used by certified fraud examiners, and it is used by chartered accountants that are working in the forensic accounting field.”
General Mabasa's wife and Mr Krejčer's wife were directors (not just shareholders) in a company investigated in Annexure C as part of a company search.
“you say it is a company search you conducted where you established that General Mabasa's wife and Mr Krejčer's wife were shareholders in the company. ... They were both directors.”
Krejčer shot Lolly Jackson multiple times after lunging for a forged Swift transfer held by Jackson, then kicked Jackson in the chest and verbally abused him before shooting many more times.
“Krejčer lunged forward to grab the Swift transfer from Jackson, who held it out of reach. At this point, Krejčer pulled out a firearm and shot Jackson once. Jackson fell ... Krejčer crossed the floor towards him standing over him and kicked him in the side of his chest and said the following words to him: “You want to know who I am? I will show you who I am, you effing cockroach.” Krejčer then proceeded to fire many shots into Jackson.”
After murdering Lolly Jackson, Krejčer forced a witness to call General Mabasa and report the murder, revealing that Krejčer and Cyril were present at the murder scene.
“I got back into the car and drove away ... calling General Mabasa from my phone, telling him ... that Krejčer killed Jackson, and to ask for his help. He asked me who was present at the time of Jackson's murder and I told him that Krejčer and Cyril were there.”
General Mabasa was aware of and involved in attempts to manage a dispute between Radovan Krejčer and Lolly Jackson, including facilitating a meeting.
“Mabasa knew of the problems between Krejčer and Jackson having already been approached by Jackson to intervene and assist in facilitating a meeting with Krejčer.”
Krejčer murdered Lolly Jackson with multiple gunshots, and General Mabasa was involved later at the crime scene as part of a conspiracy to cover up the murder committed in the presence of George Luca aka George Smith.
“General Mabasa was later at that crime scene as part of a conspiracy to cover the fact that Mr Krejčer himself had murdered Jackson in the presence of Mr George Luca aka George Smith.”
General Mabasa was reported by the media to have said that George Smith phoned him to confess to murdering Lolly Jackson, but this was not in Smith's statement and Smith was likely unaware of it as he was leaving the country.
“it was published in the media that General Mabasa had said that George Smith had phoned him to confess to murdering Lolly Jackson”
At the time of the Selebii investigation, General Mdluli was the Provincial Commissioner of Crime Intelligence, Lieutenant General Mulangi Mphego was the Divisional Commissioner, and Mulangi Mphego was arrested by the Scorpions for interfering in the Jackie Selebii investigation.
“during the Selebii investigation, General Mdluli was the Provincial Commissioner of Crime Intelligence and the Divisional Commissioner was Lieutenant General Mulangi Mphego. And Mulangi Mphego was arrested by the Scorpions for interfering in the Jackie Selebii investigation”
The Smith affidavit is a standard patent section 104 affidavit related to police matters and is one of five affidavits made by Smith about different issues including the murder of Lolly Jackson.
“it is a standard patent section 104 affidavit... there were other affidavits... the affidavit that relates particularly to the murder of Lolly Jackson”
Mulangi Mphego was suspended, resigned and left after arrest, and General Mdluli was promoted to Lieutenant General and became Divisional Commissioner while General Mabasa became Provincial Commissioner.
“while he was on suspension, he resigned and left. And then General Mdluli was promoted to Lieutenant General and became the Divisional Commissioner and General Mabasa became the Provincial Commissioner”
Radovan Krejčer considered himself above the law due to corrupt police friends and engaged in criminal activities including murder; he is sentenced to 35 years in prison and still faces trial for multiple attempted murders and conspiracy to murder.
“Mr Krejčer, because of his corrupt friends in the police, considered himself above the law and therefore free to engage in any criminal activity he chose, including not limited to murder. Krejčer has now been sent to prison for 35 years and is still to be tried in respect of multiple attempts to murder”
Police officers started helping Krejčer smuggle cigarettes from Zimbabwe to South Africa and he later used them for drug trafficking, but there is no substantiation for the drug trafficking allegation.
“these guys from the police started helping Krejčer smuggle cigarettes from Zimbabwe to South Africa. Thereafter, Krejčer used them for drug trafficking too, but there is no substantiation for that allegation”
The individual who had phone calls logged was trying to sell a car and was actually helping with inside information about Radovan Krejčér's movements before Krejčér's arrest.
“he was actually helping me out with inside information about the movement of Radovan Krejčér because he was going to be arrested at that time. In fact, he was arrested.”
Paul O'Sullivan considered launching an urgent application against Vodacom after discovering phone records were in possession of Radovan Krejčér, but was advised against it by Senior Counsel and did not proceed.
“I planned to launch an application... against Vodacom... I drafted a sworn statement for it, but I never actually launched. And the reason I never launched was because when I got Senior Counsel's opinion, he said that I might fail with that application. So, I decided to keep my powder dry.”
Paul O'Sullivan received a tip-off from the Organised Crime Office in Germiston about Colonel Steyn arranging to drop his telephone number into 205 applications being drawn up by the Organised Crime Unit.
“Colonel Steyn was arranging to have my telephone number dropped into 205 applications that were being drawn up as part of the normal work in progress that the Organised Crime Unit in Germiston was doing.”
Vodacom disclosed to Paul O'Sullivan that they had received section 205 requests for call data related to cases of kidnapping, assault, theft, armed robbery and murder, connected to investigations in Tokoz and Primrose.
“Vodacom is obligated to disclose this information if we receive a section 205 to do so... There were three applications made... Primrose Case 09/03/2011 kidnapping, assault and theft; Tokoza case 26/04/2011 armed robbery; and the third one is Tokoza case 31/06/2011 murder.”
A senior police officer supplied the speaker's private information to gangsters, endangering the speaker's life.
“The fact that yet another senior cop has put my life at risk by supplying my private information to gangsters is something that also needs to be addressed”
Colonel Steyn received a substantial loan from Radovan Krejčer and committed a serious offence under Act 12 of 2004, warranting urgent investigation and suspension from duties.
“having now admitted to receiving a very substantial loan, he has committed a very serious offence in terms of Act 12 of 004 and I request a very urgent investigation with a suspension from duties in the meantime”
Colonel Steyn supplied Radovan Krejčer with the speaker's cellular phone records in 2011, putting the speaker's life at risk.
“I can now prove that Steyn supplied Krejčer with my cellular phone records thereby further putting my life at risk. Back in 2011 ... I have written to the Hawks requesting that Steyn be suspended and stand trial along with Krejčer for their disgusting conduct”
Colonel Steyn was not suspended or dismissed around 2013 as expected but was seen sitting at the Commission and talking about drug trafficking, allegedly being on the payroll of a drug trafficker via money received from Radovan Krejčer in 2011.
“I nearly fell off my Chair because I thought he had been suspended and dismissed back in 013. And now I suddenly saw him sitting at this Commission ... and now he is talking about drug trafficking. He was working, he was on the payroll of a drug trafficker, in my opinion, back in 2011 because he received this money from Radovan Krejčer. So now suddenly a complete turnaround”
The speaker did not kidnap or rob people in Tokoza during the period the phone records were obtained, indicating the Section 205 applications for records lacked proper grounds.
“I was not kidnapping people in Tokoza or murdering people or robbing people in Tokoza in that period ... So for three months, they were able to get my cellular phone records ... without having seen those 205s, it is just guess work”
The period in which cellular phone records were obtained coincides with Radovan Krejčer being arrested and raided in Bedfordview, suggesting a link between the records obtained and Krejčer's criminal activities.
“it fits straight in with the period that Radovan Krejčer was arrested and there were raids on his house in Bedfordview and he was arrested. And during that whole period now, he has got my cellular phone records”
Colonel Steyn admitted to receiving a loan of R408,000 from a company linked to Radovan Krejčer but claimed ignorance of the company's connection to Krejčer, explaining the loan was arranged by Cyril Beeka through the company.
“Colonel Steyn admitted to receiving the loan in question, but claimed not to have been aware that the company providing it was linked to Mr Krejčer ... Colonel Steyn says Mr Beeka had undertaken to arrange a loan for him through this company”
Colonel Steyn's explanation for the loan is feeble and could not reasonably be true according to the speaker, referencing a Mail and Guardian article and a company controlled by Radovan Krejčer.
“His story was not only feeble, but it could also not be reasonably true ... you have referenced this company, Groep Twee Beleggings, which is a company you say the articles say it is controlled by Mr Krejčer ... Colonel Steyn said Mr Beeka had undertaken to arrange a loan for him through this company ... you then conclude based on the explanation he gave, that this explanation is not only feeble, but it could also not be reasonably possibly true”
M R O 'S U L L I V A N states that in 2013, a person shifted blame for a loan involving 408,000 Rand onto Cyril Beeka, who was murdered in May 2010, implying it is convenient since the deceased cannot respond.
“he blames everything on Cyril Beeka ... who had been murdered in May 010 ... so he blames everything on Cyril Beeka”
On 9 January 2014, Radovan Krejčer was arrested and at the same time seven people were arrested planning to murder M R O 'S U L L I V A N.
“On January 9 , 2014 ... Radovan Krejčer was arrested ... and then on the 9th January in 2014 , seven people were arrested just down the road from my house , planning to murder me”
Colonel Steyn ultimately left the police force and the matter was not pursued further by M R O 'S U L L I V A N due to limited resources and bigger issues demanding attention.
“he had actually left the police ... I therefore decided not to take the matter any further ... I am a one-man band ... I had much bigger fish to fry”
Colonel Steyn was still working in the police in West Rand after being thought dismissed, which shocked M R O ' SULLIVAN and caused loss of interest in pursuing further action.
“He is not dismissed ... He is still working in the police ... He has just moved to the West Rand from the East Rand ... I was shocked ... I just kind of lost interest in the matter”
Gratification as misconduct pertains to receiving a loan or benefit in exchange for favours, described as a general corrupt relationship rather than a quid pro quo.
“gratifcation is a breach ... there can be what is described as a generally corrupt relationship ... not a quid pro quo, but a generally corrupt relationship”
The Commission Chairperson and M R O 'S U L L I V A N explained that gratification may be given without a specific immediate return, but with expectation of favours in the future as part of a corrupt relationship.
“They give it to you ... the corruptor thinks of giving you something ... they expect that at one point or another, you will also do something”
M R O 'S U L L I V A N believes the R408,000 loan was actually a payment used to pay off a bond and hence provided services in a general corrupt relationship rather than a direct quid pro quo.
“I believe it was just a payment that was used to pay off his bond ... as a result of that payment, he would have provided who knows what services”
M R O 'S U L L I V A N relates a similar pattern of corruption involving wildlife permits being issued as favour in exchange for loans or benefits, showing general corrupt relationships.
“The person issuing the wildlife permits would drag his feet ... the game farmer would phone him and say ... we will give you a loan but we need you here now to issue the permit ... that is how it starts ... it starts like that”
Mr. O'Sullivan sent an email to Radovan Krejcir's lawyers demanding R50,000,000 and stating he can now prove Colonel Steyn supplied Krejcir with his cellular phone records, putting Mr. O'Sullivan's life at risk, implying corrupt dealings between Krejcir and Steyn.
“I am demanding R 50000000 rand ... I can now prove that Steyn supplied Krejcir with my cellular phone records, thereby further putting my life at risk ... I talk about Radovan Krejcir having corrupted Steyn”
Mr. O'Sullivan admitted he never provided General Sibiya or General Dramat with evidence to prove Colonel Steyn supplied Krejcir with his cellular phone records; he was bluffing Radovan Krejcir's lawyers to make them believe he had evidence.
“No, Commissioner, I did not ... I am bluffing Radovan Krejcir's lawyers ... I want them to think I have got the evidence, but the reality is I did not have the evidence.”
Mr. O'Sullivan received a tip-off through Forensics for Justice concerning allegations that a person is involved in facilitating drug trafficking with Nafiz Modack, involved in chop shops, money laundering for criminals, protecting certain criminals including close friend of ex-Deputy National Commissioner Vineshkumar Moonoo, and lacking security clearance due to covert criminal activities and questionable business activities.
“He is involved in facilitating drug trafficking with Nafiz Modack of the Western Cape ... involved in chop shops ... involved in money laundering for criminals ... He protects certain criminals, notably Mr Preggie Padayachee ... has no security clearance because of his covert criminal activities and questionable business activities”
General Khan was an active director of ten companies, some involved in the spare parts business for motor vehicles, inconsistent with a Major General's salary and incompatible with police work concerning crime intelligence.
“General Khan was an active director of one, two, three, four, five, six, seven, eight, nine, 10 companies ... some of the companies were involved in the spare parts business of motor vehicles ... the lifestyle audit we did gave the indication that this was not a person living on a Major General's salary.”
It should be impossible for a full-time Major General in the police to be moonlighting as a director of 10 businesses, especially in an activity opposed to the work of Crime Intelligence, such as trading spare car parts.
“we find it should be impossible for a full-time Major General in the police to be moonlighting as a director of 10 businesses, at least two of those businesses indicate a trade in spare car parts, an activity diametrically opposed to the work of Crime Intelligence, given the high levels of vehicle crime in Gauteng.”
A tip-off complaint against General Khan was lodged on 24 May 2021 but General Sitole did not respond to the complaint.
“I supply that tip-off on the 24th of May, and here we are 30 days later, or 31 days later, a month later, on the 24th of June, with this complaint coming through from Ian Levitt addressed to General Sitole ... Now, General Sitole never came back to me about my complaint.”
Ian Levitt Attorneys, on behalf of General Khan, wrote a letter to the National Commissioner complaining about a tip-off complaint implicating General Khan, alleging unethical conduct by complainant Paul O'Sullivan and access to personal information in contravention of POPI Act.
“my problem with it, apart from complaining about me highlighting alleged unethical conduct on his part, the lawyer does not address any of the allegations whatsoever ... The whole thing is about complaining about Paul O'Sullivan ... that Sullivan had accessed our client's personal information ... in contravention of the Protection of Personal Information Act, POPI.”
General Khan demanded to know why a complaint was laid against him, but the witness denied ever making such a complaint to him.
“I have now got him coming to my office, demanding to know why I have laid a complaint against him ... I just denied it. I said, no, I did not lay a complaint against you.”
The scandalous News24 article (Annexure O) alleges that General Khan's ticket to an EFF Gala dinner was paid for by associates allegedly involved in illicit tobacco trade.
“... scandalous article ... talks about General Khan ... his ticket for General Khan at this EFF Gala dinner had been paid for by, shall we say, associates of General Khan who were allegedly involved in the illicit tobacco trade .”
O'Sullivan forwarded a formal complaint to General Masemola, the then Commissioner of Police, on 1 July 2023, concerning allegations related to General Khan's involvement with illicit tobacco trade associates.
“I write to the new, or then relatively new, Commissioner of Police, which is General Masemola, on the 1st of July, ... I am forwarding the original email that I have sent two years earlier .”
O'Sullivan received no response to his complaints or communications to police management about corruption allegations, which he states is typical behavior of the police service.
“No , Commissioners , no response whatsoever . And by that stage, I think it become the order of the day that any such communications were just ignored .”
O'Sullivan was unable to supply prima facie evidence to support his allegations against General Khan and others, therefore no criminal docket was opened by police management.
“I was not able to supply any prima facie evidence ... You cannot open a criminal docket based on a hypothesis .”
O'Sullivan carried out extensive investigations and criminal complaints against General Phahlane between 2015 and 2017, including lodging complaints with IPID and informing national leadership including Cyril Ramaphosa.
“Between 2015 and 2017, I carried out extensive investigations and lodged various criminal complaints against General Phahlane with IPID ... I supplied copies of my criminal complaint to then-Deputy President of South Africa, now-President Cyril Ramaphosa .”
O'Sullivan alleges he was singled out for unlawful acts by corrupt police officials instigated by General Phahlane and senior officers, including multiple arrests, raids, kidnapping, torture, unlawful imprisonment, and attempted proxy murders.
“I was singled out for unlawful action by corrupt police officials at the instance of both General Phahlane and other senior officers . The crimes against me included multiple arrests, multiple raids on my home and offices, kidnapping, torture, unlawful imprisonment, and multiple attempts at murder by proxy .”
O'Sullivan was unlawfully arrested and detained for over two years for using his Irish passport, a precaution he took due to threats on his life from Radovan Krejcir and his corrupt connections within the police.
“I was unlawfully arrested and detained over two years later for using my Irish passport ... at the time Radovan Krejcir was not in jail, but he had cops on his payroll ... they were waiting for me to come back into South Africa so they could arrange for me to be murdered .”
A formal complaint comprising three lever arch files with all the evidence was laid with a retired DPCI judge in 2016.
“I laid a complaint comprising three lever arch files and that complaint was laid in 2016 ... I laid the complaint in July 2016 and it comprised of three lever arch files with all the evidence”
DPCI and the National Prosecuting Authority were captured by unlawful conduct leading to a formal complaint in 2016.
“by that stage I am saying DPCI was captured and the National Prosecuting Authority was captured. As a result of this unlawful conduct, I laid a formal complaint”
Major General Mokotedi unlawfully infringed Mr O’Sullivan’s rights contravening section 17(1) of the SAPS Act related to his arrest on 1 April 2016 at OR Tambo International Airport.
“Major General Mokotedi is found guilty of having seriously and unlawfully infringed the rights of Mr O'Sullivan as contemplated in section 17(1) of the SAPS Act”
A campaign over several years targeted Mr O’Sullivan, Forensics for Justice, and his staff involving about 30 police officials under General Mokotedi.
“Mokotedi was the senior person who led the group of about 30 police officials who targeted me and Forensics for Justice and the staff that worked for me. So as you will see, there was a campaign over several years against us”
General Mokotedi falsely claimed under oath regarding Mr O’Sullivan’s arrest, and the cold cases were resurrected to harass Mr O’Sullivan.
“One has to be extremely gullible to accord any credence to Mokotedi's averment ... that all the complainants in the cold cases magically came out of the woodwork and urged that charges they laid against O'Sullivan years before be resuscitated or reopened ... I reject this explanation as a figment of his fertile imagination ...”
The reopening of cold cases was designed to harass Mr O’Sullivan and chill his forensic investigations against corruption.
“I am satisfied that the reinvestigation of the cases was meant to and did harass O'Sullivan. It was designed to have a chilling effect on his forensic investigations and to fight corruption”
General Mokotedi did not have the required top secret security clearance to be appointed Provincial Commissioner of DPCI, making his appointment unlawful.
“You cannot be appointed as a Provincial Commissioner of DPCI if you do not have top secret security clearance. He never had it.”
General Mokotedi failed to obtain a top secret security clearance for almost three years, which was unlawful and a transgression of police and intelligence legislation.
“The failure by Mokotedi to obtain a security clearance for almost three years is unlawful and a transgression of section 7(e) of the South African Police Service Act and section 2(a) of the National Strategic Intelligence Act”
Major General Mokotedi was appointed as Provincial Head of DPCI despite being found wanting and lacking security clearance, and instead of being dismissed, he was moved sideways within the police service.
“Major General Mokotedi was the Provincial Head of DPCI ... you are appointed as Provincial Head of DPCI and then you are found wanting and you do not have security clearance ... instead of him being dismissed, he was just moved sideways into the Police Service from DPCI.”
General Masemola did not promptly act on the DPCI judge's report and Major General Mokotedi remained on the taxpayers' payroll, not working, for about two years before finally leaving the service towards the end of 2024.
“General Masemola did not lift a finger to deal with the DPCI judge's report ... General Mokotedi only finally left the service towards the end of 2024, which means he sat on the payroll, the taxpayers' payroll, for a further two years, twiddling his thumbs. He was not working.”
The DPCI judge's report made findings largely concerning the conduct of Major General Mokotedi and recommended action against him to National Commissioner General Masemola, not against General Phahlane.
“The DPCI judge's report makes findings, is in large part concerning the conduct of Major General Mokotedi and makes findings as you have tabulated them at page 14 ... deserves the attention of National Commissioner General Masemola ... was action invited to be taken against Major General Mokotedi and not General Phahlane ... I do not mention General Phahlane.”
General Phahlane was the target of a criminal complaint opened by Mr O'Sullivan, and the conduct listed against him happened to Mr O'Sullivan and others connected to him, driven mainly by Major General Mokotedi acting on instructions from General Ntlemeza and General Phahlane.
“The only thing it is to do about General Phahlane is that all of this conduct happened against me because I opened a criminal complaint against General Phahlane ... but the driving force, according to the DPCI judge's report, was Major General Mokotedi who was acting on the instructions of both General Ntlemeza ... and General Phahlane.”
General Lebeya unlawfully agreed with General Masemola to move Major General Mokotedi from DPCI to SAPS instead of dismissing him, effectively moving the problem rather than solving it.
“Instead of dismissing him, General Lebeya unlawfully agreed with General Masemola that he could simply be moved from DPCI to SAPS. So, that is moving the problem instead of removing the problem.”
Major General Mokotedi was moved to the police division known as the Inspectorate, colloquially called the 'departure lounge', where senior officers are placed when there is no work for them.
“He was moved to the division known as Inspectorate which functions or is supposed to function as the internal standard monitoring the police ... Here you have Major General Mokotedi moved out of DPCI where he cannot be because he does not have top secret clearance, and he was put in the Inspectorate. The Inspectorate is quite commonly known as the departure lounge in the police ... if they have not got work for a senior person, they stick them in the Inspectorate and that is often where these Generals end up before they find another job somewhere.”
A copy of Mr O'Sullivan's complaint was supplied to General Phahlane instead of being investigated, leading to attacks against him and his staff.
“the complaint I laid was, a copy of it was supplied to General Phahlane instead of the matter being investigated, and that led to the attacks against myself and my staff”
After the Constitutional Court ruled suspension of Robert McBride unlawful, the IPID case against General Phahlane was reactivated 10 months after the complaint was opened.
“the Constitutional Court ruled that the suspension of Robert McBride was unlawful... which meant that in November 2016, 10 months after I had opened this case against General Phahlane, the case suddenly came alive again”
IPID was captured during the State Capture period by two Crime Intelligence officials controlling all investigations.
“unfortunately, by that stage, IPID was captured. It was during that State Capture period, and IPID was captured by virtue of the fact that two Crime Intelligence officials have been appointed to work in IPID and they were allegedly controlling all of the investigations that IPID did”
General Phahlane attempted to derail investigations through various means including appointing a so-called North West Team led by General Mabula to find dirt on IPID investigators and Mr O'Sullivan.
“there were a number of legs where General Phahlane attempted to derail the investigations into him, and those legs took various forms... One of the forms was the appointment of the so-called North West Team, which was General Mabula and a whole lot of Brigadiers and Colonels. And their job was to try and find dirt on the IPID investigators and myself”
IPID formed a task team to manage Mr O'Sullivan's complaint against General Phahlane, headed by Humbulani Innocent Khuba, now Limpopo Director of IPID.
“IPID formed a small task team, and my understanding is that the task team was headed up by this gentleman Humbulani Innocent Khuba. And he is currently the Limpopo Director of IPID... he was brought to Pretoria because they wanted somebody from outside the province to case manage my complaint against General Phahlane”
Humbulani Khuba's affidavit is missing original statement submitted to Zondo Commission but draft affidavits and email correspondence exist showing a process of iterative drafting.
“I cannot find the original affidavit that I submitted in 2020 to the Zondo Commission. However, what I have been able to locate are the emails from the Zondo Commission giving me draft affidavit... making affidavits for a commission, it is an iterative process”
General Mkhwanazi was driving a narrative that the speaker had taken over IPID and was trying to discredit the speaker by sarcastically calling IPID 'OPED'.
“That was being driven by General Phahlane that I had captured IPID... General Phahlane would even go on TV and refer to it as OPED... Very sarcastic”
In February 2018, Humbulani Khuba met Major General Nemutanzhela of Crime Intelligence in Pretoria for a meeting involving allegations of interference.
“in February 2018 he got a phone call from Major General Nemutanzhela of Crime Intelligence... I remain in the lobby while we waited for the anonymous witness... after one of his calls Nemutanzhela said to me that we could go now... I saw Lieutenant General Mkhwanazi... Mkhwanazi asked us to switch off our cellphones and hand them to him... Present in the meeting was General Mkhwanazi, Nemutanzhela and me”
Cedric Nkabinde was dismissed or resigned from IPID and then became Chief of Staff for the Minister of Police.
“It is the same Cedric Nkabinde who was subsequently dismissed or resigned from IPID and subsequently surfaced as the Chief of Staff for the Minister of Police”
General Mkhwanazi promised the speaker a promotion to Lieutenant General and said that Nkabinde and Mahlangu would also be promoted because of their cooperation.
“Mkhwanazi said that I... would be promoted to Lieutenant General... Mkhwanazi indicated that both Nkabinde and Mahlangu would also be promoted into higher ranks”
General Mkhwanazi interfered with IPID and tried to get IPID members to leave and provide dirt on Robert McBride and the speaker related to the Phahlane investigation.
“He was interfering with IPID and trying to get IPID members to leave IPID and give them some dirt on Robert McBride and allegedly against me as well”
Two Crime Intelligence officials placed in IPID by the Minister of Police managed investigations but absconded from IPID after Robert McBride was reinstated and returned to Crime Intelligence.
“These two officials absconded from IPID and never came back. They went back to Crime Intelligence... placed by the Minister of Police”
General Mkhwanazi called a dramatic media briefing on July 6th last year about interference in investigations, and was accused of interfering in the Phahlane investigation.
“On the 6th of July last year, General Mkhwanazi calls a media briefing... he talks about interference in investigations... that is exactly what he was doing in the Phahlane investigation”
Mr O'Sullivan says the interference related to General Mkhwanazi's approach in the Phahlane case is not evident in the affidavit he sees.
“You cannot see that in that statement... You would have to be involved on the ground at the time... All of this was going on at the same time as the Phahlane investigation”
Mr O'Sullivan opines the only way to get to the bottom of events is to get a detailed sworn statement from Mr Khuba or have him testify, as the affidavit does not specify interference by General Mkhwanazi.
“the only way you are going to get to the bottom of this is either to get a detailed sworn statement from Mr Khuba or get him to come and testify... he does not say anything about General Mkhwanazi approaching him to interfere”
Mr O'Sullivan states documents alone do not amount to evidence of interference; they must be read with court cases where IPID successfully stopped police interference in the investigation into Phahlane.
“The documents themselves would not amount to evidence on their own of the interference... they would have to be read together with the High Court cases... where IPID launched urgent application to stop police interference in their investigation into Phahlane”
Mr O'Sullivan states the affidavit Mr Khuba prepared in January 2026 makes no mention of General Mkhwanazi interfering in the Phahlane investigation.
“As recent as January 2026... he prepares an affidavit... he does not say anything about General Mkhwanazi approaching him to interfere in the Phahlane investigation”
At the time of the events in question, the speaker was on the ground and knew what was going on concerning Mahlangu and Nkabinde, and that Mkhwanazi was fishing for information about Robert McBride and Paul O'Sullivan.
“I knew that this related to Mandla Mahlangu, by the way, Cedric Nkabinde... he does mention that Mkhwanazi was fishing to see what he could find out about Robert McBride and Paul O'Sullivan”
The speaker agrees it is warranted to get a detailed statement or testimony from General Mkhwanazi to clarify the allegations against him.
“I agree with you, but I do believe it is warranted, if possible, to either get the gentleman in or have one of the investigators take a more detailed statement from him”
The speaker had no involvement other than the Phahlane investigation concerning Robert McBride, and it is hard to draw a conclusion from the available evidence about interference by Mkhwanazi.
“My only involvement with Robert McBride at that moment in time was the Phahlane investigation... so it is hard to draw that conclusion”
There is a need for further investigation regarding Cedric Nkabinde's conduct, though it is not a definitive smoking gun but possibly a significant lead.
“this is crying out for further, shall we say, investigation. I understand that on its own, it is not a smoking gun, but I do believe there is a smoking gun to be had here”
Cedric Nkabinde left IPID and tried to join the police as a Brigadier, prompting a written warning from General Sitole and potential court application if appointed.
“Cedric Nkabinde left IPID, tried to join the police as a Brigadier, and I wrote to General Sitole at the time, and I said I would bring a court application if he is appointed in the police”
General Mkhwanazi was involved in unlawful prosecutable conduct relating to General Phahlane in 2017 and 2018, attempting to prevent investigations and prosecutions.
“unlawful prosecutable conduct of General Mkhwanazi pertaining to General Phahlane relating to offences, I believe, were committed in 2017 and 2018, when General Mkhwanazi was involved in unlawful attempts to prevent investigations and prosecution of General Phahlane”
Cedric Nkabinde was recruited into the Phahlane camp by General Mkhwanazi and provided a sworn statement in a failed High Court case to have charges against General Phahlane dismissed.
“Cedric Nkabinde, he went across to the other side. He left IPID and he went into the Phahlane camp and he was recruited into the Phahlane camp by General Mkhwanazi, and he provided a sworn statement in a High Court case where General Phahlane launched an application to try and have the charges against him thrown out of court, and he failed”
During the relevant period, there were multiple attempts to derail the IPID investigation against Phahlane by false claims that Paul O'Sullivan was taking over IPID, which were false.
“multiple attempts trying to derail the investigation by IPID against Phahlane, Phahlane was going into the public domain and making these comments that Paul O'Sullivan was taking over IPID, which of course were false comments, absolutely false”
The Ad Hoc Committee did not obtain the statement; Robert McBride obtained it and produced it quickly with limited detail before his appearance at the committee.
“My understanding is that Robert McBride obtained the statement and that when he obtained it, with all due respect, he did not spend long enough cobbling it together. It could have contained a lot more detail and this was a quick rush job done before his appearance at the Ad Hoc Committee”
IDAC responded to a subpoena indicating the matter involving Louis Vuitton bags is a live criminal investigation and they cannot share requested information.
“the reply I got from IDAC to my lawyers was, quote unquote, these are criminal matters that remain active and IDAC cannot share any of the information and or documentation requested in paragraphs 1 to 4 of the subpoena”
A female Brigadier Russ was on the trip to Europe and received a Louis Vuitton bag which she handed to IDAC upon return to South Africa, not wanting to keep it due to knowledge of possible charges or corrupt relationship involving Mr Kistiah.
“My understanding is that Brigadier Russ was also given a Louis Vuitton bag. But when she returned to South Africa, she handed it in because she said she did not want it because she knew that Inbanathan Kistiah either was going to be charged, or she knew that there was a corrupted relationship.”
Mr O'Sullivan has never received a Louis Vuitton bag from General Mkhwanazi and doubts the accuracy of the media article suggesting otherwise.
“I have never received a Louis Vuitton bag. Instead, he makes throwaway comments, such as, at least my wife now knows what a Louis Vuitton bag is valued at... That is my understanding, Commissioner.”
Commissioner Mkhwanazi and others were subpoenaed by the Investigating Directorate for failing to declare Louis Vuitton handbags received from controversial businessmen and an ASPS supplier, Inbanathan Kistiah.
“Commissioner Mkhwanazi were last weeks slapped with subpoenas by the Investigating Directorate, ID, to explain why they failed to declare Louis Vuitton handbags they received from controversial businessmen and ASPS supplier, Inbanathan Kistiah”
The Investigating Directorate issued a subpoena listing specific requests related to the Louis Vuitton bags, including communication records, photographs, and sworn statements.
“It is that page of the subpoena. It is listing four items: '1. All ID/IDAC communications and/or subpoenas sent or served on Lieutenant General Mkhwanazi and/or General Fannie Masemola ... A photograph certified as a photo of the Louis Vuitton bag currently in the evidence locker or evidence room of ID/IDAC ... A certified copy of the sworn statement provided to ID/IDAC by the Brigadier that attended on the overseas trip with General Mkhwanazi and General Fannie Masemola'”
IDAC's response indicates these matters are ongoing criminal investigations and they cannot share requested information publicly.
“And if we accept that that is potentially the case, then the response by IDAC has got to be appropriate that these are part of ongoing investigations and they are not in a position to share the requested information with you”
Mr O'Sullivan testifies that General Mkhwanazi denied ever receiving a Louis Vuitton bag and the comment about the value of such a bag was a dismissive remark.
“No where could I see him saying, by the way, for the record, I never received any Louis Vuitton bag. Instead he gives this throwaway comment, at least my wife now knows what a Louis Vuitton bag is worth”
General Mkhwanazi allegedly turned a blind eye to unlawful political interference during his time as Acting National Commissioner in 2012 and acquiesced to unlawful instructions, then helped cover it up.
“During his period as Acting National Commissioner in 2012, General Mkhwanazi himself turned a blind eye to unlawful political interference relating to the then Divisional Commissioner of Crime Intelligence, Lieutenant General Richard Mdluli. In fact, General Mkhwanazi not only turned a blind eye, but he also acquiesced to patently unlawful instructions, then later helped to cover it up.”
Minister Nathi Mthethwa instructed General Mkhwanazi to uplift the suspension of General Mdluli, despite General Mkhwanazi later claiming this instruction was illegal but still complying with it.
“A t t h e m e e t i n g w i t h M i n i s t e r M t h e t h w a a n d t h e I n s p e c t o r G e n e r a l o f I n t e l l i g e n c e , t h e M i n i s t e r i n s t r u c t e d G e n e r a l M k h w a n a z i t o u p l i f t t h e s u s p e n s i o n o f G e n e r a l M d l u l i . G e n e r a l M k h w a n a z i l a t e r c l a i m s t o h a v e i n f o r m e d M i n i s t e r M t h e t h w a a t th i s i n s t r u c t i o n w a s i l l e g a l . N e v e r t h e l e s s , h e a c q u i e s c e d”
General Mkhwanazi uplifted the suspension of General Mdluli on 27 March 2012 and assigned him additional responsibility of protecting the President and Ministers in the VIP Protection unit despite the suspension.
“General Mkhwanazi uplifted the suspension of General Mdluli on the 27th of March 2012 and he returned to work, where he was also handed the additional responsibility of protecting the President and Ministers”
After the launch of the Freedom Under Law application, new disciplinary proceedings were instituted against General Mdluli, and on 25 May 2012, General Mkhwanazi suspended General Mdluli again, reversing his earlier decision due to public pressure.
“after the Freedom Under Law application was launched, new disciplinary proceedings were instituted against General Mdluli and on the 25th of May 2012, General Mkhwanazi recanted his earlier decision and suspended General Mdluli again. Public pressure was building”
General Mkhwanazi was pressured by President Zuma in early June 2012 to withdraw the new disciplinary proceedings and suspension of General Mdluli.
“At the start of June, General Mkhwanazi met with President Zuma and appears to have been pressurised to withdraw the new disciplinary proceedings against General Mdluli and his suspension”
General Mkhwanazi agreed not to continue as Acting National Commissioner beyond the appointment of General Phiyega on 12 June 2012, who had no policing experience.
“it was agreed that General Mkhwanazi would not continue as Acting National Commissioner beyond the few remaining weeks that were required to appoint a new National Commissioner, General Phiyega . With zero policing experience … was duly appointed on the 12th of June.”
General Mkhwanazi readily succumbed to political pressure and implemented the illegal instruction of the Police Minister to uplift the suspension of General Mdluli while knowing the instruction was illegal.
“the narrative of General Mkhwanazi shows that he readily succumbed to political pressure and implemented the illegal instruction of the Minister to uplift the suspension of General Mdluli whilst at all material times knowing that this instruction was illegal”
General Mkhwanazi stated under oath in 2020 that he knew at all material times in 2012 that the instruction to uplift General Mdluli's suspension was illegal.
In Parliament on 19 April 2012, General Mkhwanazi refused to reveal the higher authority that instructed him to lift General Mdluli's suspension, only stating he acted according to 'higher authority'.
“he said I acted according to higher authority. And when he was asked what the higher authority was, he declined to say”
General Mkhwanazi did not deny acting on a higher authority in his answering affidavit and remained silent about it for eight years until 2020.
“he does not deny that he was acting on a higher authority. In fact, he keeps quiet about it. He keeps quiet about it for eight years and only comes out with it in 2020”
General Mkhwanazi colluded with illegal interference by the Minister and President in relation to the Freedom Under Law litigation to cover up executive interference in SAPS, which he knew was unlawful.
“General Mkhwanazi's collusion with the illegal interference of the Minister and the President is even more stark... he assisted to cover up the executive interference in the SAPS, which he knew to be unlawful”
General Mkhwanazi did not admit to the allegations of executive interference in his answering affidavit to the Freedom Under Law urgent interdict, instead opposing the urgent interdict on spurious grounds.
“General Mkhwanazi did not admit the relevant facts. Instead, he deposed to an affidavit which did not respond to the allegations but nevertheless opposed on spurious grounds the urgent interdicts ought to prevent General Mdluli from executing police functions”
Judge Makgoba expressed concern about allegations of political interference in the disciplinary process and noted General Mkhwanazi had not disputed them in his answering affidavit in Part A proceedings of Freedom Under Law.
“Makgoba J expressed concern about the allegations of political interference in the disciplinary process and noted that Mkhwanazi had not disputed them in his answering affidavit”
The Supreme Court of Appeal judgment noted that General Mkhwanazi was instructed by higher authorities to withdraw disciplinary charges and reinstate General Mdluli, and that Mkhwanazi failed to make an independent decision, rendering his actions reviewable.
“Freedom Under Law relied in its founding affidavit on a statement by the then acting Commissioner, Lieutenant General Mkhwanazi, in Parliament that he was instructed by authorities beyond him to withdraw disciplinary charges and reinstate Mdluli in his office... Freedom Under Law added that in doing so Mkhwanazi had failed to make an independent decision, which rendered his actions reviewable”
General Mkhwanazi did not deal with allegations of political interference in his answering affidavit during interdict proceedings in Part A of the Freedom Under Law case.
“Though Mkhwanazi filed an answering affidavit in the interdict proceedings in Part A of the Notice of Motion, he did not deal with these allegations”
Freedom Under Law's complaint of 6 July alleged criminal interference penetrating the police and executive overreach involving ministerial interference in police management in 2012, of which General Mkhwanazi was a party and helped cover up for almost eight years, revealing it only in 2020.
“his complaint on the 6th of July last year had two legs to it. One was criminal interference or penetration of the police, and the second leg was the executive overreach, the Ministerial interference in the management of the police, which is exactly what happened in 2012. And he was a party to it, and not only was he a party to it, he helped cover it up for the better part of eighty years. And only in 020 does he come out with it”
General Mkhwanazi did not inform the Commission in confidence that he was engaged in similar activities 14 years ago, despite now speaking out about political interference.
“he did not take the Commission into his confidence and say, by the way, although I am speaking out about it now, I just want to inform you that 14 years ago, I was engaged in just the same activity”
Mr O'Sullivan asserts that the Commission was previously unaware that the conduct Mr Mkhwanazi is now complaining about was exactly the conduct he was involved in years back.
“this Commission would be completely unaware of the fact that the conduct he is now complaining of was exactly the conduct that he was involved in some years back”
Mr O'Sullivan implies that if one claims to be a whistleblower, he/she should be a whistleblower with clean hands, implying Mr Mkhwanazi may not qualify as such.
“if you are going to be a whistle blower, as he claims to be, you should be a whistle blower with clean hands”
Mr O'Sullivan suggests Mr Mkhwanazi previously colluded in similar conduct and this undermines his credibility as a whistleblower in 2025 complaining about political interference.
“he previously colluded according to you, and then come July 2025 he decides not any more”
Mr O'Sullivan argues it would have been better had Mr Mkhwanazi taken action in writing instead of speaking out at a media conference to avoid public confidence loss in the criminal justice system.
“I think it would have been better, rather than speak out at a media conference, to take action without drawing down the public confidence in the criminal justice system”
The SCA judgment (Murphy judgment) is scathing against the police and specifically against Generals Phiyega and Mkhwanazi for political interference in disciplinary processes, and it had been kept hidden for over 10 years.
“it is the High Court and it is a scathing judgment against, this is what is referred to as the Murphy judgment, and it is a scathing judgment against the police... And against, in particular, General Phiyega and General Mkhwanazi, against both of them. And this judgment has not seen the light of day for probably 10 years or more”
The Murphy judgment found that General Mkhwanazi dropped disciplinary charges on orders from unknown persons beyond the Acting Commissioner, which was unlawful and a violation of discretionary power principles.
“Mkhwanazi dropped the disciplinary charges on orders from above, is furthermore borne out by the Rule 53 record filed on his behalf... The inescapable finding is that the decision of the Acting Commissioner to withdraw the disciplinary charges and to reinstate Mdluli as Head of Crime Intelligence were taken in an attitude of subservience pursuant to an unlawful dictation from a person unknown who was beyond the Acting Commissioner”
Mr O'Sullivan quotes the judgment that the Commissioner in discharging obligations under SAPS Act must protect and give effect to SAPS discipline regulations.
“To ensure the proper function of the SAPS, the Commissioner in discharging his obligation under section 11 of the SAPS Act must protect and give effect to SAPS discipline regulations”
Mr O'Sullivan argues the failure to produce the Murphy judgment evidence and its concealment is more important than the judgment itself and it should have been part of the Commission's evidence.
“What is more important to the people of this country is that this has been kept hidden. It has been kept under wraps. It should have been part of the evidence”
Mr O'Sullivan reveals that he was involved in events 14 years ago involving similar affairs and covered it up for 8 years.
“The reason I did what I did on the 6th of July is because 14 years ago, I was involved in exactly the same state of affairs and I went along with it and covered it up for 8 years”
Mr O'Sullivan questions the significance of Mr Mkhwanazi speaking up about previous collusion and cover-up when investigating political interference.
“what difference does it make that, he has spoken up. We are investigating exactly that as a Commission, whether indeed there has been political interference”
General Mkhwanazi was involved in misconduct 14 years ago and covered it up for 8 years, only revealing a version of events at the Zondo Commission without full details of what actually took place.
“no t only was h e p r e v i o u s l y i n v o l v e d i n t h a t c o n d u c t , b u t f o r 8 y e a r s h e c o v e r e d i t u p , f o r 8 w h o l e y e a r s . A n d i t o n l y c a m e o u t w h e n h e m a d e h i s s t a t e m e n t a t t h e Z o n d o C o m m i s s i o n”
General Mkhwanazi covered up the illegal instructions he received from Minister Mthethwa and political interference from Minister Mthethwa and President Zuma, and failed to tell the truth in court until partly coming clean during interviews at the State Capture Commission led by Justice Zondo.
“General Mkhw a n a z i c o n t i n u e d t o c o v e r u p t h e i l l e g a l i n s t r u c t i o n h e ' d b e e n g i v e n b y M i n i s t e r M t h e t h w a a a n d t h e p o l i t i c a l i n t e r f e r e n c e o f b o t h M i n i s t e r M t h e t h w a a n d P r e s i d e n t Z u m a ... He... only finally came partly clean when he was interviewed by the investigators at the State Capture Commission , led by Justice Zondo .”
General Mkhwanazi's conduct in 2011-12 intended to unlawfully protect the Crime Intelligence Divisional Head, similarly to his conduct in 2025, to protect the Crime Intelligence Divisional Head and those under him.
“in 2 0 1 1 - 1 2 G e n e r a l M k h w a n a z i ' s c o n d u c t w a s i n t e n d e d t o u n l a w f u l l y p r o t e c t t h e C r i m e I n t e l l i g e n c e D i v i s i o n a l H e a d , m u c h t h e s a m e a s h i s c o n d u c t i n 2 0 2 5 i s i n t e n d e d t o p r o t e c t t h e C r i m e I n t e l l i g e n c e D i v i s i o n a l H e a d a n d t h o s e u n d e r h i m”
General Mkhwanazi covered up and maintained silence during the period of suspension and court cases involving Richard Ndluli, despite the case being public in media and the Supreme Court of Appeal detailing how General Phiyega misled the High Court and General Mkhwanazi kept quiet.
“he cove red u p , a n d s e c o n d l y , h e c o n t i n u e d t o c o v e r u p ... M a i n t a i n i n g s i l e n c e , b e c a u s e w h a t h a p p e n e d ... d u r i n g t h a t p e r i o d t h e w h o l e t h i n g w a s a r g u e d o u t i n c o u r t ... A n d t h e S u p r e m e C o u r t o f A p p e a l g o i n t o s o m e d e t a i l a b o u t h o w G e n e r a l P h i y e g a m i s l e d t h e H i g h C o u r t , a n d G e n e r a l M k h w a n a z i k e p t q u i e t”
General Mkhwanazi lodged a grievance against the National Commissioner for lodging false affidavits in court regarding Lieutenant General Mdluli’s case, but did nothing about the grievance allowing falsehoods to be presented to the court.
“Lieutenant General Mkhwanazi lodged a grievance against the National Commissioner for lodging false affidavits in court regarding Lieutenant General Mdluli’s case ... other than lodging grievance he did nothing about it . He allowed her to lie to the court”
Lieutenant General Mkhwanazi lodged a grievance against the National Commissioner about false affidavits lodged in court in relation to Lieutenant General Mdluli's case, corroborating that he did not act on the grievance allowing false information to be presented to court.
“Lieutenant General Mkhwanazi lodged a grievance against the National Commissioner for lodging false affidavits ... other than lodging a grievance he did nothing about it ... He allowed her to lie to the court”
The National Commissioner informed the court wrongly regarding Lieutenant General Mkhwanazi's actions on the Mdluli matter and wrongly stated that General Mkhwanazi had not received instructions from a higher authority; a confirmatory affidavit from General Mkhwanazi was promised but never supplied, and even the Supreme Court of Appeal could not get one.
“The National Commissioner informed the court wrongly with regard to Lieutenant General Mkhwanazi’s actions on the Mdluli matter ... she wrongly informed the court that General Mkhwanazi had not received instructions from a higher authority ... it was never supplied ... even when it went to the Supreme Court of Appeal they still could not supply a confirmatory affidavit”
General Mkhwanazi was a party to the original Part A proceedings but was not a party to later proceedings where General Phiyega was the party being sued.
“He was a party to the original proceedings ... but he was no t a p a r t y to those proceedings where now General Phiyega is the party that is being sued.”
FUL alleged that the Acting Commissioner publicly stated in Parliament that he took the decision to withdraw disciplinary charges on instructions from authorities beyond him and thus failed to act independently.
“FUL alleged that the Acting Commissioner publicly stated in Parliament that he took the decision to withdraw the disciplinary charges on instructions from authorities beyond him.”
There was a cover-up because General Mkhwanazi was asked what higher authority instructed the withdrawal of charges but refused to answer, implying concealment of the Minister's role.
“At the Parliamentary Committee, it was asked what higher authority? He could not answer. He should have said the Minister of Police instructed me. Instead, he covered the thing up.”
General Phiyega admitted she made a mistake and that her parliamentary statement about withdrawing charges was not correct; the NPA had decided to withdraw charges and she followed suit, indicating lying about the basis for the decision.
“General Phiyega’s conduct in the FUL response ... he said at Parliament was not correct. He made a mistake. What he actually meant was the NPA had decided to withdraw the charges and that is why he followed suit. The whole thing was a complete lie.”
General Mkhwanazi stated in Parliament that the decision to withdraw charges was made on or dictated by higher authority but never specified that the higher authority was the Minister of Police, resulting in criticism for lack of transparency.
“General Mkhwanazi had already said in Parliament that he made the decision on higher authority or it was dictated by higher authority ... He did not say the higher authority is the Minister.”
General Mkhwanazi kept quiet for 8 years about political interference except that in 2015 he spoke about interference without naming the party, and lodged a grievance about General Phiyega misleading the court in the Mdluli matter.
“General Mkhwanazi kept quiet for 8 years about the political interference ... as far back as 2015, he spoke about the fact that General Phiyega misled the court in relation to the Mdluli matter ... he lodged a grievance ...”
General Mkhwanazi covered up the decision and did not disclose the full details and dates of meetings related to the withdrawal of charges when giving evidence.
“He covered it up all the way along ... He kept quiet about the matter ... The information that is missing is the dates of the meeting in respect of the Police Minister. That meeting date has been kept vague ... The thing was kept vague and I am saying it was deliberately kept vague ... I am not happy with keeping it vague.”
General Mkhwanazi did not provide chapter and verse on events related to political interference at the Zondo Commission in 2020, though he mentioned dates of meetings in affidavits.
“What he stated to the Zondo Commission in 2020 was not chapter and verse. He did not ... The thing was kept vague and deliberately kept vague ... But in the affidavit before the Zondo Commission, he does mention the dates of the meetings.”
General Mkhwanazi kept the date of the meeting with the Police Minister vague despite knowing from March letters and a later June meeting with President Zuma that it occurred between March and June 2012.
“The information that is missing ... is the dates of the meeting in respect of the Police Minister. That meeting date has been kept vague ... But we know that it is March because the letters are the March letters ... and the meeting with President Zuma happens in June. So ... the date is between the two ... That is at least how I read paragraph 48, that the meeting would have happened between those two dates.”
Lieutenant Dramato authored a letter dated 23 April 2012 that relates to a meeting chaired by Advocate Hadebe at police headquarters concerning interference by the Minister of Police.
“At the bottom of 363 is paragraph 39 that gives a date on 23rd April 2012, Lieutenant Dramato authored a further letter ... he says: 'Interference by the Minister of Police' ... I chaired this meeting at the police headquarters.”
General Mkhwanazi did not disclose knowing of an unlawful instruction from the Minister of Police until 8 years later, despite frequent media coverage and court proceedings.
“the only time this comes out is here, 8 years later. It never came out before then, never.”
General Mkhwanazi's claim that he was completely unaware of the contents of General Phiyega's affidavit is unconvincing because he lodged a grievance about her untruthfulness.
“General Mkhwanazi claims in his affidavit ... that he was completely unaware of the contents of General Phiyega's affidavit ... I find that claim unconvincing because he had made a grievance against her for being untruthful in her answering affidavit to the High Court.”
General Mkhwanazi made a grievance against General Phiyega for being untruthful in her answering affidavit to the High Court, indicating he knew of the allegation of unlawful obstruction to him at the center of the application.
“General Mkhwanazi therefore knew that the allegation of an unlawful obstruction to him was at the centre of the application and the reply from General Phiyega would have to admit that central allegation if she was not going to perjure herself.”
General Mkhwanazi was aware of the unlawful obstruction allegations central to the Freedom Under Law application and chose to sidestep those allegations in his deposition, thus acquiescing to the cover-up by omission or deliberate participation.
“General Mkhwanazi was aware of the allegations in the Freedom Under Law application because the founding affidavit had been served on SAPS while he was Acting National Commissioner and he had deposed to the initial answer ... but chose to sidestep the unlawful obstruction allegation and simply not comment ... if he knew and chose to keep quiet, he colludes by omission ... or he was part of the cover-up.”
General Mkhwanazi knew the core allegation of unlawful obstruction was part of the Freedom Under Law application while he was Acting National Commissioner and chose to sidestep the allegation rather than confront it.
“General Mkhwanazi was aware of the allegations in the Freedom Under Law application because the founding affidavit had been served on SAPS whilst he was Acting National Commissioner and he had deposed to the initial answer ... chose to sidestep the unlawful obstruction allegation and simply not comment.”
General Mkhwanazi had ample opportunity during the media coverage and court proceedings to speak out but chose to keep quiet, effectively assisting in a cover-up.
“He had ample opportunity to not keep quiet, and he did not do so, and he was a policeman.”
Mr. O'Sullivan states that the individual who unlawfully reinstated Richard Mdluli had an opportunity to come clean about the truth in 2012 but remained silent until the State Capture Commission years later.
“there is no evidence between 2012 when he had an opportunity to come clean ... He kept quiet ... The first time we hear about it was at the State Capture Commission, and that comes out in his affidavit”
Mr. O'Sullivan alleges that the Acting Commissioner of Police unlawfully reinstated Richard Mdluli to work, which forced civil society to bring urgent applications to get him out of office.
“he was the one that unlawfully put Richard Mdluli back to work, forcing civil society to bring urgent applications to get Richard Mdluli back out from his office”
Mr. O'Sullivan states that during the period when President Zuma was in power, the Acting Commissioner would have known that for their affidavit to be truthful, he would have had to state he received an instruction from the Minister of Police to reappoint General Mdluli.
“he would have had to say ... he got an instruction according to his version ... from the Commissioner, from the Minister of Police to reappoint General Mdluli”
Mr. O'Sullivan criticizes lack of transparency about delaying disclosure of the truth about unlawful actions by a senior police official related to reinstating Richard Mdluli.
“I just think it should have been a lot more transparent ... I believe he should have put it out there a lot sooner”
Mr. O'Sullivan expresses disbelief that a senior police official could have been unaware of media reports about Richard Mdluli, stating it is inconceivable that no close police colleagues informed him and that he became aware because he laid a grievance.
“he became aware of it somehow because he laid a grievance”
Mr. O'Sullivan says the National Prosecuting Authority (NPA) unlawfully withdrew criminal charges related to kidnapping and murder as well as alleged fraud and corruption, and that this was mismanaged under Advocates Mrwebi and Jiba.
“they took an unlawful decision to withdraw the criminal charges ... pertaining to the kidnap and murder ... but also the alleged fraud and corruption charges ... that was being mismanaged by Advocates Mrwebi and Jiba”
Mr. O'Sullivan opened a criminal complaint for mismanagement against Advocates Mrwebi and Jiba concerning the withdrawal of criminal charges by the NPA.
“I opened ... a criminal complaint against them for the mismanagement of that whole mess”
Mr. O'Sullivan says criminal charges were not in the domain of the police but the NPA, who mismanaged the withdrawal of these charges unlawfully.
“the criminal charges were not in his domain ... They are in the domain of the NPA ... And ... they took an unlawful decision to withdraw the criminal charges”
General Mkhwanazi colluded in an illegal process of political interference designed to keep General Mdluli in charge of the division of Crime Intelligence and regularly stole secret funds.
“Given General Mkhwanazi's own collusion in an illegal process of political interference, designed to keep Mdluli in charge of the division of Crime Intelligence and its regularly stolen secret funds”
In 2011/12 General Mkhwanazi protected one General in Crime Intelligence, Lieutenant General Mdluli, and in 2025 he protected five Generals in Crime Intelligence.
“in 2011/12 he was protecting one General in Crime Intelligence which was Lieutenant General Mdluli and in 2025 he is protecting five Generals in Crime Intelligence”
Lieutenant General Mdluli had not been suspended on fraud and corruption charges and disciplinary charges were initiated separately.
“Lieutenant General Mdluli had not been suspended on the fraud and corruption charges which he introduces ... he instructed Lieutenant General Stander ... to initiate steps to implement disciplinary charges against Lieutenant General Mdluli”
Major General Solly Lazarus, Chief Financial Officer of the Secret Service account of CI, had already been suspended and charged criminally for fraud and corruption.
“Major General Solly Lazarus, the Chief Financial Officer of the Secret Service account of CI had already been suspended and charged criminally for fraud and corruption”
General Mkhwanazi instructed Lieutenant General Stander to appoint an outside person to assess the available evidence regarding General Mdluli and advise on the way forward around fraud and corruption charges towards the end of 2011.
“he then decided to instruct Lieutenant General Stander to appoint an outside person to assess the available evidence to determine whether it implicated General Mdluli and then to advise me on the way forward. These events took place roughly towards the end of 2011”
Minister's suspension of General Mdluli was influenced by an urgent application launched by Freedom Under Law on 15 May.
“soon the same day that FUL launched the urgent application, you are aware that General Mkhwanazi did suspend General Mdluli again? Ten days later. The Freedom Under Law case was launched on the 15th of May”
During the inquest into the death of Oupa Ramogibe, revelations emerged about the conduct, kidnapping, and beating of Oupa Ramogibe, which was alleged to have been convicted by the inquiry later.
“revelations were coming out at the inquest about the conduct and the kidnapping and the beating up of Oupa Ramogibe, allegedly by, in fact, he was convicted by it later”
General Mkhwanazi had to re-suspend General Mdluli because he received the urgent application on his desk and had no choice but to act accordingly.
“he did not really have much of a choice, because this application landed on his desk on the 15th of May. So ten days later, while he is doing his affidavit to respond to this application, this urgent application, he re-suspends him, and I am saying he was in a corner. He had no choice. He had to do it”
The Minister instructed actions that effectively protected General Mdluli, enabling him to continue plundering the secret fund.
“he followed the Minister's instruction and put it as high as that was action, he acted to protect Mdluli who, for purposes of plundering the secret fund”
There were efforts taken to discipline General Mdluli which were disregarded when he withdrew the suspension at the Minister's instruction.
“You disregard all the efforts that he took to discipline General Mdluli ... in fact, when he did withdraw the uplift, rather, the suspension, it was at the instruction of the Minister”
General Mdluli was colluding to keep himself in place to continue plundering the secret fund, supported by the Minister.
“He made the decision to collude, to keep General Mdluli in place, so that he can plunder, continue to plunder the secret fund in the same way as he is doing in 2025”
Freedom Under Law application was brought in two parts, Part A being an urgent interdict and Part B a review application.
“the Freedom Under Law application was brought in two parts. The Part A was an urgent interdict ... the main application is in Part B, the review application”
General Mdluli was suspended and there was a disciplinary matter and criminal case pending against him, with delays in responses from the Inspector General of Intelligence (IGI).
“I informed him that I had written to the IGI and had received a response from her regarding the disciplinary matter against him, but was awaiting her response regarding the criminal case against him ... I telephoned Advocate Hadebe to inform her that I would not be lifting General Mdluli's suspension until she has perused the criminal case docket”
General Mdluli should return to work only after the IGI has examined the criminal case docket.
“I disagreed with the IGI's view that Lieutenant General Mdluli should return to work. She had not yet read the criminal case docket ... I would not be lifting General Mdluli's suspension until she has perused the criminal case docket”
The court found that Acting Commissioner General Mkhwanazi was instructed by authorities beyond him to withdraw disciplinary charges and reinstate General Mdluli, without making an independent decision, making his actions reviewable.
“The factual basis for the challenge by FUL is that it relied on statements made by then Acting Commissioner General Mkhwanazi in Parliament, that he was instructed by authorities beyond him to withdraw disciplinary charges and reinstate Mdluli ... Mkhwanazi had failed to make an independent decision which rendered his actions reviewable”
General Mkhwanazi filed an answering affidavit in interim interdict proceedings but did not deal with the specific allegations.
“Though Mkhwanazi filed an answering affidavit in the interim interdict proceedings in Part A of the Notice of Motion, he did not deal with these allegations.”
The court concluded that decisions were either dictated to by Mkhwanazi or taken for no reason at all, as neither Mkhwanazi nor Phiyega provided reasons for impugned decisions.
“I do not believe this finding can be faulted. Moreover, after all is said and done, neither Mkhwanazi nor Phiyega gave any reasons for the impugned decision. ... the inevitable conclusion is that the decisions were either dictated to by Mkhwanazi or were taken for no reason at all.”
The Supreme Court of Appeal struck the evidence of Phiyega because there was no confirmatory affidavit from General Mkhwanazi to support it, rendering the evidence immaterial.
“what they have done in the Supreme Court of Appeal is they have struck the evidence of Phiyega because she stated on the oath that this is actually what really happened and to prove it, I am going to come with a confirmatory affidavit from General Mkhwanazi. And since there was no confirmatory affidavit, they struck that evidence. They said that is immaterial.”
In 2011/2012, General Mkhwanazi's conduct was intended to unlawfully protect the Crime Intelligence Divisional Head, similar to his conduct in 2025 to protect the same.
“For example, in 2011/2012, General Mkhwanazi's conduct was intended to unlawfully protect Crime Intelligence Divisional Head, much the same as his conduct in 2025 is intended to protect the Criminal Intelligence Divisional Head and those under him.”
The Crime Intelligence Department has a secret service account with no transparency on spending, and no clean audit report has ever been given.
“we have a so-called secrets services account, which is so secret, nobody can know how the money is spent ... No Auditor General has ever given a clean report on the Crime Intelligence secret services account.”
From 2012 to 2024, the secret services account budget increased from R9.82 million to R600 million per annum, an increase of 512%, without a concomitant decrease in crime.
“In 2012 ..., the budget for these secret services account was R9 820 million per annum. In 2024, it stood at R600 million per annum, which is an increase of 512%, which is five times the rate of inflation over that same period. But what we do not have, is we do not have a concomitant decrease in crime.”
For the last 14 years, successive heads of Crime Intelligence have been arrested and jailed for stealing from the secret services account.
“If you look at the last 14 years, is we have successive heads of Crime Intelligence being arrested and sent to jail for stealing from the secret services account.”
A letter demanding urgent suspension of persons charged with corruption was sent to Commissioner Masemola, but no suspensions have occurred.
“we have taken that media briefing of General Mkhwanazi, and ... we have sent a very strong letter to Commissioner Masemola ... demanding that these people be urgently suspended, because they have all been charged with corruption ... No one has been suspended. To this very day no one of them has been suspended.”
General Lushaba, the CFO in charge of the secret service account, was also charged with losing his laptop and firearm, but claimed they were stolen after a break-in he orchestrated.
“General Lushaba, who is the CFO, he is in charge of the secret service account, he was also charged with losing his laptop computer and a firearm ... he said that somebody came in through his window and stole his state-issued firearm and his laptop, but it actually turned out that he had invited a lady into his ...”
A police official was charged and arrested after retrieving a laptop and firearm stolen by a lady who made off with them after the official fell asleep following drinks at a premises.
“He got the police officials at the rank of Colonel to go and get his laptop and firearm back, which they did. He is charged for that. He was arrested for it and charged.”
The Chief Finance Officer of Crime Intelligence opened a docket at a police station, then had papers removed and replaced with fake papers by arranging for two Colonels to get hold of the investigating officer.
“So he got those two Colonels to go to the police station and get hold of the investigating officer on the case that he had opened and removed the papers from that docket and replaced them with fake papers.”
General Mkhwanazi accused the speaker of handing the country over to a crime syndicate because the speaker called for suspension of five Generals and two Brigadiers.
“So because I have called for the suspension of these five Generals and two Brigadiers, General Mkhwanazi is accusing me of handing the country over to a crime syndicate.”
Mr O'Sullivan denies that the press conference was meant to protect the Crime Intelligence service and says the allegations remain valid and must be investigated.
“Absolutely not . In fact, if you look at me having gone on record, on the 6th of July in the evening, I did a media call ... if he did not call that media conference, would we be sitting here today ? The answer is no . ... Not everything is what it has been painted out to be.”
Criminality has been penetrating the criminal justice system for years, even during apartheid, and is not new.
“This is not the first time that we have had criminals penetrating the criminal justice system . It has been going on for years and years . Even during apartheid it was still going on . This is not new .”
Mr O'Sullivan confirms the question of motive is within the Commission's terms of reference, but stresses the Commission should remain open minded about it.
The Chairperson clarifies that the Commission should keep an open mind on matters within its terms of reference and explore all issues except those that are clearly settled.
“So the issue, and all of that, or all of those issues, because we are yet to submit a final report, all of the issues that have arisen are issues that we must keep an open mind on, except those perhaps that are clear and on which everybody has already said something.”
Mr O'Sullivan states he brought information to the Commission having spent 36 years trying to improve South Africa and wants to contribute to justice.
“I brought the information to this Commission because I have spent the last 36 years of my life trying to make this a better country to live in for all people in South Africa and that is why, when I saw what was going on, I thought, uh-uh, I need to throw my 10 cents into the mixture as well ...”
Mr O'Sullivan was named by General Mkhwanazi because he called for the suspension of five Generals and two Brigadiers, having no knowledge of the drug cartels and other implicated parties until hearing about them in the media.
“I had no knowledge of what was going on until I heard about it in the media . But for him to name me, why was he naming me ? ... I got my attorneys to write a letter to General Masemola and demand that these five Generals and two Brigadiers be suspended . That is why I was named .”
The Chairperson rejects pursuing whether the press conference was a smokescreen and says criminality itself falls within the Commission's terms of reference.
“So the criminality itself would then have to be something that does indeed fall within our terms of reference, the criminality shielded by the smokescreen.”
There were allegedly warrants of arrest for two of the same five Generals in the police relating to criminality.
“last week or the week before there were allegedly other warrants of arrest for two of the same Generals of the, two of the same five Generals apparently are going to be arrested again”
Charges were brought against Lieutenant General Khumalo and six other members called the Crime Intelligence seven, relating to their regular employment of Ms Dineo Mokwele as a senior ranking Brigadier in Crime Intelligence Technical Support Services.
“you introduce the charges brought against Lieutenant General Khumalo and the six other members of the service, whom you term the Crime Intelligence seven ... their charges relate to their regular employment of Ms Mokwele in a senior ranking position of Brigadier in the Technical Support Services of Crime Intelligence”
There is no link between the charges of 26 June 2025 and the so-called looting of the Crime Intelligence funds; the only link is that the same people are in charge of the Crime Intelligence fund as those being charged here.
“there is no link between the charges of 26 June 2025 and the so-called looting of the Crime Intelligence funds ... The only link would be that the people in charge of the Crime Intelligence fund are the same people that are being charged here”
The charges related to the Crime Intelligence seven relate to their regular appointment of Ms Mokwele, which is distinct from the looting charges regarding Crime Intelligence funds.
“their charges relate to their regular appointment of Ms Mokwele and that is as narrow as it gets”
It is not unheard of within SAPS to appoint someone with no policing experience to high ranks based on a required expertise, including from industries like motor vehicle manufacturing.
“it is not unheard within SAPS to appoint someone with no experience at all in policing ... that person is being appointed for the expertise they possess ... applies over several types of industries or environments ... for this position, they require a certain expertise and that this expertise is to be found within the motor manufacturing industry”
General Dineo Mokwele was unlawfully appointed to a senior rank without transparency or proper recruitment procedure, allegedly committing fraud in the hiring process.
“interfered with the recruitment process to unlawfully appoint this particular woman ... it was done without transparency and it was done behind closed doors and there was no proper recruitment procedure followed ... they committed ... alleged to have committed fraud when they hired this lady”
The complaints about Brigadier Mokwele's appointment, including allegations of no policing experience for a Brigadier, were also laid by a Member of Parliament and others.
“I do not believe I was the only person that laid a complaint. I believe a member of Parliament also laid a complaint ... unsubstantiated complaint that someone with no policing experience had been appointed as a Brigadier”
Mr O'Sullivan conducted background checks and established from BMW Motors that the woman was an admin clerk, not holding the required qualifications, and she was uncooperative when questioned about her qualifications.
“I spoke to BMW Motors and I was able to establish what she was doing there and that comprised the report which I gave to the OIGI... It is an admin clerk... And when I asked her about her qualification, she did not want to discuss it with me.”
Mr O'Sullivan stated that the expertise required for the position was mechatronics, which the woman did not discuss with him when he inquired about her qualifications.
“The expertise that was required here is mechatronics, mechatronics... When I asked her about her qualification, she did not want to discuss it with me.”
Mr O'Sullivan clarified that his complaint was not about a criminal offence but a complaint to the OIGI related to improper recruitment procedures and broader complaints involving property purchases.
“My complaint was not a criminal complaint. It was a complaint to the OIGI that, and, by the way, it's at with other aspects of a broader complaint involving properties that were being purchased and other issues.”
Mr O'Sullivan received a tip-off implicating a woman recruited without going through proper recruitment procedures and made a complaint to the OIGI about it.
“My complaint was that she had been recruited without going through proper recruitment procedures. The informant that came to us told us that this person had been recruited to a position which other people had applied for and were competent to do, but that they had bypassed the procedures.”
Mr O'Sullivan denies slipping the investigation dossier under a certain member of Parliament's door and denies that anyone got any dossier from him.
“I am not in the business of jumping on a plane and flying to Cape Town to slide a dossier under anybody's door... I do not send any dossiers... Absolutely did not get any dossier from me.”
Five Generals and two Brigadiers, arrested and charged with serious crimes including corruption, were never suspended despite a letter demanding their suspension.
“five Generals and two Brigadiers, there is going to be no suspension. By the way, they were never suspended.”
The National Commissioner responded to a demand letter stating the matter was receiving necessary attention and was governed by labour laws including the Labour Relations Act and SAPS disciplinary regulations.
“The National Commissioner is aware of his constitutional duties in terms of the SAPS Act as well as the SA disciplinary regulations. It must be emphasised that this matter is receiving the necessary attention it deserves and it is a matter that involves a relationship between employer and employee in line with the Labour Relations Act as well as all the other relevant prescripts.”
MR O'SULLIVAN described the National Commissioner's response as an 'arrogant middle finger response' to the lawyer's letter of demand regarding suspension.
“A arrogant middle finger response to my attorney's letter of demand.”
Despite arrests and charges for serious crimes including corruption, the five Generals and two Brigadiers were not immediately suspended, contrary to police practice with other officers.
“...senior police officials have been suspended instantly and that, what is good for the goose is good for the gander... the five Generals and these two Brigadiers, we get this response saying, I will do what has to be done, I will comply with the legislation, but actually nothing was done. They have never been suspended.”
MR O'SULLIVAN's response letter to the National Commissioner was intended to be antagonistic and to put the Commissioner under pressure because the letter of demand legally prevented an urgent application to court for suspension.
“My response to him was meant to be antagonistic. It was meant to put him under pressure. I realize, because I took legal advice based on the letter that he had given, we were ready to bring an urgent application, but based on that letter, damn, we cannot bring the urgent application.”
Labour laws and disciplinary codes require giving employees an opportunity to make submissions before suspension can take place; instant suspension without such process would be an unfair labour practice.
“How it works is you give the employee an opportunity to make submissions about why they should not be suspended if you are considering to suspend them and depending on what they say, it depends what they say because you have to take into account what they say in their submissions and then you make a decision. Anything other than that is in fact an unfair labour practice, which our law punishes.”
Senior police officials have been suspended immediately on multiple occasions, but the five Generals and two Brigadiers charged with crimes were not suspended and later were reinstated.
“there have been multiple occasions where senior police officials have been suspended instantly and that, what is good for the goose is good for the gander. And they have been returned. They have been returned to work.”
The PowerPoint presentation used by General Mkhwanazi had metadata showing it was created on a SAPS computer, not Mkhwanazi's personal computer.
“The PowerPoint presentation used by Mkhwanazi had metadata which showed it had been created on a SAPS computer, which is, emphasis, not Mkhwanazi's computer.”
It is unknown who prepared the PowerPoint presentation and where it was typed, raising questions about transparency regarding the media presentation.
“it may well be that the person that prepared this presentation Is not from Mkhwanazi's office at all ... But until we know who actually prepared that presentation, why not be transparent about it and say by the way, on such and such a date I sat down with this person, this person, that person and we prepared this presentation ... there is an opportunity to have transparency and it would be wise to do that.”
The PowerPoint presentation was said to be prepared by a collective within SAPS, not just General Mkhwanazi alone.
“General Mkhwanazi says it is a whole lot of us ... not created on his own computer, but on another SAPS computer ... a member of SAPS ... the collective that General Mkhwanazi references in his statement”
There is a lack of transparency around how the PowerPoint presentation came into being and who actually put it together, which is not publicly known.
“the missing Information is how that presentation came into being ... That Information is not in the public domain ... there is a lack of transparency around how that presentation came to be.”
The media briefing associated with the presentation was not just a simple briefing but involved many staff from the provincial office, raising questions about the motive and transparency of the process.
“I just believe that there is a lack of transparency here and that transparency may help show the motive behind this whole process that took place, because it was not just a media briefing ... it was a lot more than a media briefing and I just think that whole thing needs to be opened up a little bit ... I do believe that somewhere along the way it may come out ... that this whole process took place ... All those people were sitting there on a Sunday afternoon.”
Mr O'Sullivan received a copy of the PowerPoint presentation unexpectedly from a journalist after the media briefing, which allowed him to check the metadata with a forensic tool.
“I would have ever thought that I would receive a copy of that PowerPoint presentation ... I did not even know the media briefing was going on until a journalist phoned me and said this guy is talking about you ... he sent it to me so not realizing I could now check, which I do with a forensic tool, I am able to pull the metadata from that and I thought oh, that is interesting.”
Mr O'Sullivan believes the media conference had a motive according to General Mkhwanazi but suspects there may have been a 'third force' influencing the matter, and questions the process's transparency and the presence of armed guards.
“when I ask this question, it links to a previous question I made ... about the motive to this media conference ... the motive according to General Mkhwanazi was that ... I am going to become a whistleblower ... I am surrounded by people with machine guns and balaclavas ... there could have been other ways of getting the same amount of attention on this matter without necessarily having this whole media briefing ...”