On 22 June 2021, Warrant Officer Mpangase booked on duty at 7:30 am at the office situated at 136 Victoria Embankment and received a call from Lieutenant Colonel Jacoba about a container suspected to contain 7 to 8 kilograms of cocaine at CHS Depot, Isipingo.
“On the 22nd of June 2021, I booked on duty at 7:30 a.m. at the office, which is situated at 136 Victoria Embankment. At an unspecified time, I received a call from Lieutenant Colonel Jacoba and he asked me if I was available for an operation and if I was, I must be on standby, because a crime intelligence operative, whom I knew, had information about a container that was containing approximately 7 to 8 kilograms of Cocaine, which was, at the time, suspected to be at CHS Depot, Isipingo.”
Warrant Officer Mpangase was employed in 2021 as a detective within the Directorate for Priority Crime Investigation based in Durban and was tasked to investigate national priority violence crimes including murder, robbery with aggravating circumstances, and bank robberies.
“I confirm that during the year 2021, I was employed as a detective within the Directorate for Priority Crime Investigation, based in Durban. I was attached to Serious Organized Crime Investigation Unit, tasked to investigate national priority violence crimes, which included murder, robbery with aggravating circumstances, bank robberies, among others.”
Lieutenant Colonel Jacoba requested Warrant Officer Mpangase to suggest another officer to assist in the operation, and Mpangase suggested Warrant Officer Sibiya, who agreed to assist.
“He then asked me who else can come with me to do this operation. I suggested Warrant Officer Sibiya to him, and he agreed. I then approached Warrant Officer Sibiya, who was sitting at his office, and agreed to assist in this operation.”
At CHC Depot, the officers met an Asian female manager who was aware of their visit and granted permission to search for the container.
“At the depot, we met an Asian female. We introduced ourselves to her as police and informed her the purpose of our visit. She told us that she is the manager of the depot, and then she was aware of our pending visit. She granted us permission to search for the container.”
Warrant Officer Mpangase, Warrant Officer Sibiya, and Lieutenant Colonel Jacoba met a crime intelligence operative at Isipingo for a briefing before proceeding to CHS Depot to search for the cocaine container.
“We then went to pick him up, and the three of us proceeded to Isipingo, where we met the CI operative, who then briefed us on the information. After a short briefing, we proceeded to CHC depot.”
The witness was assigned to take notes during a drug bust and drug interception operation, working under the supervision of Lieutenant Colonel Jacob, with Lieutenant Colonel Jacob and Warrant Officer Sibiya responsible for taking photos of the scene and container.
“My assigned role during this drug bust or drug interception was to take notes. Lieutenant Colonel Jacoba and Warrant Officer Sibiya were responsible for taking photos of the scene. At all times, I was working under the supervision of Lieutenant Colonel Jacob.”
A container was sealed and properly locked with an intact seal before it was opened to find black canvas bags containing bricks of suspected cocaine wrapped with inscriptions of Jaguar and TikTok emblems.
“The container was properly locked and sealed, and the seal was intact...Inside the bag were bricks of hard substance, suspected to be cocaine...These bricks were wrapped in yellow and black plastic wrappings, bearing inscriptions of Jaguar and TikTok emblems.”
Exhibits from the drug seizure were transported to Isipingo SAPS for safe keeping, where they were unloaded and recounted, photos were taken and the exhibits were entered in the SAP 13 register under instructions of Lieutenant Colonel Jacob.
“Exhibits were loaded in the Hyundai H1 and transported to Isipingo SAPS with the sole intention of storing them there for safe keeping...I then personally entered the exhibits in the SAP 13 register at Isipingo as instructed by Lieutenant Colonel Jacob.”
Twenty-seven bags containing cocaine were offloaded from the container and inspected, with each bag found to have 20 bricks of cocaine except one bag which had 21 bricks.
“Twenty-seven bags were offloaded from the container...each bag had 20 bricks of Cocaine. Only one bag had 21 bricks of Cocaine.”
The exhibit clerk at Isipingo SAPS said there was no space to keep the exhibits, leading Lieutenant Colonel Jacob to organize their transport to Port Shepstone for storage.
“The exhibit clerk asked me a strange question. He wanted to know where we were going to keep the exhibits...He told me that he had no space to keep the exhibits there...Lieutenant Colonel Jacob started making calls to look for a place to store the exhibits...After talking to Brigadier Nyuswa, Lieutenant Colonel Jacob told me that we must take the exhibits to Port Shepstone storage.”
The exhibits from the drug bust were transported to Port Shepstone and stored in a safe in the offices there, with a Port Shepstone official providing keys to the safe. General Senona and Brigadier Nyuswa were present during the storage and General Senona personally instructed that the safe keys be left with him.
“We arrived...at Port Shepstone offices and we were received by a Port Shepstone official who showed us their walk-in safe...General Senona was checking if the store room was suitable to store exhibits...After storing the exhibits in the safe...the safe keys were handed over to him accordingly.”
The witness and others unpacked and sealed the exhibits at Port Shepstone forensic science lab bags and entered them into the Port Shepstone SAP 13 register.
“We proceeded to Port Shepstone and unpacked and sealed the exhibits in the FSL bags...They were then entered in the Port Shepstone SAP 13 register...which was brought to DPCI offices by the Port Shepstone clerk.”
The witness took random samples from five bags for testing and sealed them in FSL exhibit bags marked with Durban Central OCI Enquiry and Port Shepstone SAP labels and handed them over to Warrant Officer Sibiya for safekeeping.
“I randomly picked up five bags and took out samples from each brick which I randomly selected...I placed the samples inside the FSL exhibit bags and sealed them...which I later handed over to Warrant Officer Sibiya for safekeeping until Lieutenant Jacob comes back from leave.”
Ntuntuko Khuwayo introduced himself as the customs official and was present during the search and seizure, similarly Sergeants Mkhize and Govender and other police officials were present as observers during the search.
“Ntuntuko Khuwayo introduced himself as the custom official...Similarly, I had no reason to state that Sergeant Mkhize and Sergeant Govender and other police officials were there observing the search if they were not there.”
The witness was shocked and surprised to hear that drugs were stolen from Port Shepstone DPCI storage because he was under the impression drugs were transported to the forensic science laboratory in Pretoria for storage.
“I was shocked and surprised when I heard that drugs were stolen from Port Shepstone DPCI storage. I was surprised because I was under the impression that drugs were long transported to forensic science laboratory, Pretoria as I had overheard...that they were going to be taken there for storage.”
The witness is an experienced drug investigator with more than 10 years doing buy and bust covert operations in KZN, but had never attended a drug interception of this magnitude from start to finish before.
“I concur with Lieutenant Colonel Jacob that I am an experienced drug investigator. I have been doing drug investigation for more than 10 years, doing buy and bust covert operations in KZN, but I have never attended a drug interception of this magnitude from start to finish, either at the harbour or container depot.”
Colonel Jacob was not on good terms with both narcotics groups headed by Captain Mbele and Lieutenant Colonel Moodley and therefore did not work with them.
“Colonel Jacob was not in good terms with both groups. Yes, he did not work with them.”
Colonel Jacob was in charge of the SANE B group split into two subgroups led by Captain Mbele and Lieutenant Colonel Moodley, groups he was not on good terms with.
“Jacob was in charge of SANE B and this particular SANE B was divided into two. One was belonging to Captain Mbele, the other one was Lieutenant Colonel Moodley. Those indeed were the groups he was not in terms with.”
On the morning of 22 June 2021, Colonel Jacob was not in good terms with Lieutenant Colonel Moodley, Captain Mbele, and their groups under their command.
“So you are telling us that Colonel Jacob was not in good terms with Colonel Moodley, not in good terms with Captain Mbele, not in good terms with all the people under them, not in good terms with the people under him, under Jacob himself. He was not in good terms with all those people.”
Colonel Jacob often called Warrant Officer Mpangase, whose area was priority violent crime, instead of the narcotics teams because he was not on good terms with the narcotics groups.
“he called you and not them on the morning? I think the reason is that he was not in good terms with them.”
On the morning of 22 June 2021, there were eleven colleagues including Colonel Moodley and Captain Mbele related to the narctotics groups; Colonel Jacob did not have good relations with at least two of them.
“Colonel Jacob did not have good relations with all eleven colleagues...Those that I am certain about, Colonel Moodley, Captain Mbele, those I am certain about.”
Warrant Officer Mpangase has done only one narcotics operation with Colonel Jacob, where drugs were found to have been removed before their arrival.
“Information also came from CI, CI operation, same person. He also gave us information about a container which was there, but I cannot remember where exactly it was...We went there and we conducted the operation, but on our arrival, the drugs were no longer there. We do not know who removed them. That is the only other operation I went with.”
Warrant Officer Mpangase was involved in drug busts within the SANE B unit where he specialized in drug investigations.
“I did work with him in the same office, but not in the drugs section. I never worked with him there.
We were working in the same office, but I was working in another section.
Drug investigations.
Yes.”
Warrant Officer Mpangase describes his role in drug bust operations as receiving information, applying for authority to purchase drugs, making the purchase, and arresting the dealer.
“One will receive information that drugs are being sold at Mbele's. Then you would apply for an authority to go and purchase and then you would get somebody who would go and make this purchase. Once the operation has been given to me, then I would go and get hold of that particular person who would go and buy the drugs. After he had made the purchase, thereafter I would arrest, arresting that particular dealer who has sold it. Those were among many cases that we were involved in.”
In a covert operation, exhibits such as seized drugs are not taken to the police station in the same jurisdiction to avoid leakage of information.
“If you get any information about the post office , if there is a certain parcel containing drugs , you go and seize it or take it , then you would not take it to the police station which is under the same jurisdiction as that post office , in avoidance of the leakage of information .”
An overt operation is an incident publicly known such as the murder of a police officer, where any observer can see the scene and an investigation follows normal public procedures.
“An overt operation is an incident like when a police officer has been murdered . It is well known by almost everybody that that had transpired . So if you are called upon to attend such a scene , I would know exactly what to do , such as armed robbery case scenes , those are openly known cases which are not hidden .”
Warrant Officer Mpangase differentiates overt and covert operations in terms of public knowledge and handling of crime scenes, noting differences in how scenes are managed and information control.
“The covert operation and the overt operation , the operations thereof are not the same . One would be in the public knowledge , people will know what has happened .”
In covert operations, exhibits are taken to a police station outside the jurisdiction where the crime or exhibit was retrieved to prevent information leaks.
“With a covert offence , operation , operation , you retrieve the exhibit , and you do not take it to the police station within which the area of retrieval falls and instead , you take it to some other police station .”
The different handling of crime scenes in covert and overt operations is minimal, with an emphasis in covert scenes to move quickly to prevent information leaking to suspects.
“It is minimal . The crime scene of the over tyou just do things there and there openly , anybody can take a view there of . When it comes to the other one , covert , even if people are present , you will endeavour or you will try to swiftly move these so that it could not , the information should not leak to the suspects .”
National Instruction requires entry of exhibits at the police station within which the crime occurred and makes no distinction between covert and overt operations in handling crime scenes.
“There is a National Instruction that says that you must enter exhibits at the police station within which the crime occurred and that instruction does not distinguish covert and overt operations .”
Warrant Officer Mpangase agreed he assisted Colonel Jacob not because of prior experience but because he wanted to learn how to handle drug bust cases as he had no prior experience.
“I was not working with the drugs . I agreed to this because I wanted to gather experience as to how to handle such cases , because I had never attended such before .”
Captain Duma, the CI operative, testified he had discussed information about the suspected drugs with Warrant Officer Mpangase and Colonel Jacob prior to 22 June 2022, but Warrant Officer Mpangase denies he had such discussions with Captain Duma before 22 June 2022.
“Captain Duma who is that CI operative , testified and in his statement said he had discussed this information with you and Jacob prior to this date . No t with me , maybe with Jacob , because the first time I got to know about this was on the 22nd .”
Captain Duma contacted Colonel Jacob and Warrant Officer Mpangase from DPC I Durban to request their assistance with an inspection of a container suspected of smuggling 27 kilograms of cocaine at CHC Container Depot.
“I contacted Colonel Jacob , who was the unit commander ... and Warrant Officer Mpangase from D P C I , Durban . I provided the intelligence that I had gathered and requested their assistance to conduct an inspection of the commodity on one of the containers that were suspected of being used to smuggle 27 kilograms of Cocaine at CHC Container Depot .”
On the morning of 2 June 2022, the amount of cocaine referenced in statements varies between 7 to 8 kilograms and 27 kilograms.
“If you look at paragraph 3 of your statement , the last sentence you refer to 7 to 8 kilogrammes of Cocaine and Jacob and Sibiya and everyone that has come before the Commission referred to 27 kilogrammes ... Which one is correct , according to your recollection ?”
Warrant Officer Mpangase says the first container had 7 to 8 kilograms of cocaine based on information initially provided by the CI operation before 22 June 2022.
“The first container contained 7 . It is possible , probable ... it is possible that that is the information which was provided by us , that the container had 7 or 8 kilograms . But I could be mistaken .”
Warrant Officer Mpangase confirms the existence of a statement he made, dated 23 November 2021, in which at paragraph 2 he refers to 27 kilograms of cocaine.
“And at 658 , it bears your signature , and the date of the statement is 23rd November 2021 ? Do you confirm ? Yes . And then if you go particularly on this point at paragraph 2 , it refers to 27 kilogrammes . Yes .”
Warrant Officer Mpangase suggested to Colonel Jacob to assign Warrant Officer Sibiya to the operation, despite Sibiya having no narcotics experience, because Jacob and Sibiya had a good relationship and Sibiya was close to Mpangase.
“It is you that suggested Warrant Officer Sibiya to Jacob . I t is because I had the knowledge that Jacob was not in good terms with others . And secondly , Sibiya was the one who was very close with me .”
Advocate Baloyi accuses Colonel Jacob of being untruthful and under oath regarding asking Warrant Officer Mpangase to check Sibiya's availability.
“So Colonel Jacob was untruthful with the Commission and under oath when he said he asked you to go and find out of Sibiya, if Warrant Officer Sibiya was available, he was being untruthful?”
Colonel Jacob confirmed asking Warrant Officer Mpangase to find out the availability of a certain person (implied Duma), noting that Mpangase was aware of Captain Duma's reservations about utilising others in the unit.
“I told him I will get back to him, that is Duma, and called Warrant Officer Mpangase to find out this availability. He indicated that he was aware of the situation by Captain Duma and he was sensitised about Captain Duma's reservations about utilising other members of the unit.”
Warrant Officer Mpangase states that if he had been told about the discussion of booking himself on duty, he would remember it, but also suspects that Colonel Jacob should have communicated directly to someone of equal rank instead of to him.
“If he had uttered those words or said that, I would be in a position to remember. Ja, so somehow complex here, because there is one question which arises, him being commander, why does he not communicate directly with somebody who is in par with him, same position, why then he communicate with me? That is my main problem.”
Warrant Officer Mpangase acknowledges that Colonel Jacob was not involved in the big operation with 28 kilograms of cocaine and that Jacob's role was mainly to take notes assigned by Lieutenant-Colonel Jacob.
There was a decision that the exhibits from the cocaine operation must be transported to Isipingo, but Warrant Officer Mpangase denies that Colonel Jacob made that decision.
According to Warrant Officer Mpangase, the three officers were called only to provide transport to go to Isipingo police station after the bags were unloaded from the container, not to be part of or observe the search.
“After he had unloaded the bags from the container, they were called to provide transport to go to Isipingo police station, that is when they were brought in, to come and help take these to Isipingo, they were not part of and did no observe the search”
According to statements, the officers were not part of the operation or inspection but were busy with their own operation and called later to provide transport for the bags to Isipingo police station.
“They were there for their own operation, not as part of your operation. Then they get called, once you have taken the bags out, they were asked to come and help transport, because they had the right transport for it to go to Isipingo to carry these bags”
Warrant Officer Mpangase recorded that the three officers were present observing the search according to his diary and statement.
“I did indeed put this on my notes after I transferred it to diary and later put it in to my statement, that those people were there, present, observing”
Advocate Baloyi accuses Warrant Officer Mpangase of being untruthful by recording that the officers were part of the inspection when the other officers' statements say they only provided transport and were not part of the inspection.
“If you insist and you want to rely on your pocket book, your diary and your statement, that is what you recorded, it means you recorded a falsehood, you recorded something that did not happen. It did not happen that way, according to these people that transported those drugs, according to Colonel Jacob. So you are being untruthful, if that is what you recorded on that day, because that is not what happened”
Advocate Baloyi suggests Colonel Jacob wanted to create the impression that other SAPS members who had no experience in these operations were part of the operation to legitimize the operation.
“What we suggested or put to Colonel Jacob and why he would say that they were part of the operation, is because he wanted to create an impression that other SAPS members, other than yourself and Sibiya, who had absolutely no experience in these kind of operations, and him who came back from leave just to do this operation and disappear on the same day”
Warrant Officer Mpangase disputes the claim that the officers were not actually present during the search and says he would not have mentioned their presence if it was not the case.
“I would not have mentioned that they were actually there, if it was not the case. I am scratching my head even now, why would I do that?”
Advocate Baloyi accuses Warrant Officer Mpangase of being the only one saying the three officers came to the scene, left, and were called back; all four officers say they helped take the bags to their vehicle and transported them to Isipingo police station.
“You are the only one who is saying that, but let me read what Govender says, ... All four of them say they were brought in to and helped with taking these bags onto their vehicle, drove with you to Isipingo police station, these things were offloaded at Isipingo and then they left to go and carry on with their functions.”
Adv Baloyi asserts that the four people referred to are likely telling the truth about what happened, and accuses the witness of making up a story with Colonel Jacob about who was present during a search.
“the probability here is that the four are telling the truth of what happened , you are making up a story and you may be making up that story because that is what you discussed with Colonel Jacob”
Warrant Officer Mpangase insists there was nothing untoward in his agreement with Colonel Jacob and that his notes reflect the true events.
“I will stuck and reiterate that there was nothing untoward that mean and Jacob came to agree upon , just what is on my notes is the true reflection of what transpired”
Warrant Officer Mpangase confirms that the seal of the container was broken in the presence of officials during the opening of the container, though this was omitted from his initial statement.
“maybe I might have just forgotten to insert that statement”
Colonel Jacob came and testified that he spoke to members present at the scene about some events concerning a container at Isipingo, which Warrant Officer Mpangase might have discussed with him during the year.
“Colonel Jacob came and testified and said that at some point in relation to another incident , he spoke to members that were present at the scene about some of the events”
Brigadier Nyuswa received a call from Warrant Officer Mpangase informing him about Crime Intelligence contact regarding a container at Isipingo potentially containing drugs; Mpangase was proceeding with Lieutenant-Colonel Jacob and Warrant Officer Sibiya, all from Durban Serious Organised Crime Unit.
“On Thursday morning of 22nd June 2021 , I received a call from Warrant Officer Mpangase from Durban Serious Organised Crime Unit , informing that Crime Intelligence has contacted him regarding a container at Isipingo , which might have drugs and that he was proceeding there with Lieutenant-Colonel Jacob and Warrant Officer Sibiya , all from Durban Serious Organised Crime”
Warrant Officer Mpangase authored an investigation diary entry on 22 June 2021 noting the container was properly closed and sealed at the scene, but the seal was broken and the container opened in presence of warehouse supervisor, customs official, and ORS members, who observed 27 black canvas bags placed behind the container doors.
“The container was properly closed and locked at the scene intact . The seal was broken and the container was opened in the presence of the supervisor of the warehouse , customs official , Inchucha Bhuzwao [?] , ORS members Sergeant Mkhize and Sergeant Govender and 27 black canvas bags were observed , placed right at the end of the cargo or commodity , just behind the container doors .”
W A R R A N T O F F I C E R M P A N G A S EDay 142 · 17 Jul 2026Refers to: 22 June 2021Location: Isipingo
The exhibits found in the investigation were to be stored at Isipingo police station, a decision communicated by Colonel Jacob to Warrant Officer Mpangase and Warrant Officer Sibiya.
“that we were going to put the drugs in Isipingo ' s police station”
Exhibits in SAPS Register 13 were supposed to have exhibit bags, but in their absence, they proceeded by describing and putting them in without bags.
“And in registering these exhibits, was it not needed that they have exhibit bags? ... Yes, the were supposed to ... We proceeded, carried on putting them in ... By describing the exhibits.”
Warrant Officer Mpangase confirms he was acting only in an assisting capacity when dealing with the exhibits and that the exhibits were to be left at Isipingo.
“And at this time, your capacity is just being of assistance? ... Yes. ... And in your knowledge, you were to leave the exhibits at Isipingo? ... Yes, it is like that.”
Warrant Officer Mpangase admits that his earlier statement did not record communication with Warrant Officer Perumal about exhibit bags, which he now regards as an accidental omission.
“In your earlier statement, you did not record this fact, that you spoke to Warrant Officer Perumal about the exhibit bags. ... I do hear that ... I would say it was mistakenly left out.”
A postponement application related to the inquiry has been submitted late today and raises non-frivolous issues requiring response, resulting in the application being scheduled for the next available evidence slot on next Friday.
“The postponement application is a substantial application that raises non-frivolous issues to which we need to respond ... The result is that the application will now have to be heard at the next available evidence slot, which is next Friday.”
Mr Premhid originally volunteered to attend the postponed hearing but was told it was not necessary and he is not absent in defiance of the commission.
“Mr Premhid certainly volunteered to come here for this postponement by agreement. ... So he is not absent in defiance of the Commission or anything like that.”
The ruling on the postponement application provides a timeline for filings and hearings between 17 July and 24 July 2026, including furnishing Mr Carrim with factual and investigative material, reply affidavits, and written rulings on in-camera applications.
“The ruling in paragraph 1 deals with the postponement application ... The postponement application will be heard at 11:30 on Friday, 24 July ... The Commission will furnish Mr Carrim with a list of non-medical factual issues ... and any other investigative material currently in its possession... The Commission will serve and file an answering affidavit to the founding papers ... Mr Carrim will serve and file a consolidated founding affidavit ... The ruling for in-camera application to be decided by written ruling handed down on or before 18:00 on Thursday, 23 July.”
Mr Carrim submits that public disclosure of this information would risk serious harm to his treatment, dignity, standing within his religious community and public life, place his children at further risk where threats have been made, and prejudice his wife's independent business and livelihood.
“Mr Carrim submits that public disclosure of this information would; risk serious harm to his treatment, dignity, standing within his religious community and public life; place his children at further risk in circumstances where threats have already been made; would prejudice his wife's independent business and livelihood, both of which have already been adversely affected by the publicity surrounding these proceedings”
Mr Carrim alleges that the information implicating his fundamental rights to privacy and dignity includes private information about his medical condition, medical treatment, family movements, and security threats faced by him and his family.
“Mr Carrim alleges that the information implicating his fundamental rights to privacy and dignity is; private information relating to his medical condition and his medical treatment; private information about Mr Carrim's family movements and the security threats he and his family have faced”
Warrant Officer Mpangase confirms that Colonel Jacobi handed over the inquiry to him when Jacobi had to leave and asked Mpangase to keep the inquiry until his return from leave.
“Yes, indeed. When the time arrived that he needed to leave, he actually handed over to me that I needed to go with the people to Port Shepstone to transport those goods. He then asked me to open the inquiry. I retained it until he came back from his leave.”
Warrant Officer Mpangase denies being the investigating officer and confirms he merely kept the inquiry open until Colonel Jacobi returned from leave.
“I refused to be an investigating officer. What happened was per his request, I opened the inquiry and I kept that inquiry with me. I retained it until he came back from his leave.”
Warrant Officer Mpangase states he refused to be the investigating officer because he had other high-profile cases to handle that were already in court.
“I told him that I could not resume those duties because I had other high-profile cases to handle. Yes, as serious violent crime, and those cases were already in court.”
Advocate Baloyi accuses Colonel Jacobi of being untruthful in his evidence that he appointed Warrant Officer Mpangase as investigating officer when Jacobi left Isipingo Police Station going on leave.
“So he was untruthful, therefore, in his evidence before us that when he left Isipingo Police Station to go back on his leave, he appointed you and you remained the investigating officer until he came back from leave. That evidence, from what you are saying, that evidence is untruthful.”
Warrant Officer Mpangase confirms Colonel Jacobi appointed him as investigating officer but he did not accept it due to other duties; he only kept the inquiry until Jacobi returned.
“Yes, he did appoint me to be an investigating officer, but I did not accept it because of the already mentioned reasons. Then he said I should keep that inquiry until he returns, and that is exactly what I did.”
Advocate Sikhakhane submits that Warrant Officer Mpangase made entries in the investigation diary without being the investigating officer, because the inquiry had come to a standstill.
“The reason that the entries be done is because the inquiry had come to a standstill at that stage. I think it is that you were the one dealing with the inquiry, who had opened the inquiry. That is the reason you were making the entries in the investigation diary.”
Lieutenant Colonel Jacob (Colonel Jacobi) had not returned to work by 23 June and therefore did not make the diary entry dated that day, which appears in the investigation diary held by Warrant Officer Mpangase.
Warrant Officer Mpangase stopped being in possession of the inquiry file after 23 June, likely handing it over to Warrant Officer Sibiya by 24 June 2021.
“Th e p o s s i b i l i t y i s t h a t I h a n d e d t h e s e f i l e s o v e r t o S i b i y a , Wa r r a n t O ff i c e r S i b i y a”
Warrant Officer Mpangase gave the inquiry file to Sibiya because he was no longer going to be an investigating officer, as instructed by Colonel Jacob.
“I g a v e i t t o S i b i y a b e c a u s e I h a d a l r e a d y s p o k e n t o J a c o b t h a t I w a s n o l o n g e r g o i n g t o c a r r y o n b e i n g a n i n v e s t i g a t i n g o ff i c e r”
Colonel Jacob instructed that the samples taken from the inquiry file be handed over to Sibiya and sent for forensic analysis and storage.
“...with the instruction of Jacob who said that I must hand the sample over to Sibiya. Then I took it upon me to give this thing as well to him, Sibiya.”
Colonel Jacob admitted in his testimony that he made a diary entry related to the inquiry file on 23 June 2021 or possibly 22 June 2021 as a formality upon resuming leave, although he only came back from leave on 29 June 2021.
“Colonel Jacob said when he was pressed around the 23rd, he says: 'Yes, but okay, it is not made on the 23rd because on the 23rd, I resumed my leave, meaning I was on leave... I either made it on the 22nd, just to, you know, as a formality to Warrant Officer Mpangase, or I may have done it on my return to work...'”
Warrant Officer Mpangase entered exhibits into the SAP 13 register, signing them in and signing them out, indicating they were going for analysis.
“...you said they are going for analysis. Why did you say that when that was not true?... He told me that we are going to take them out and transport them to the lab... The decision came from Jacob that we need to take them to forensics for analysis and storage...”
The exhibits did not go to Forensic Science Laboratory (FSL) but to Port Shepstone, yet Warrant Officer Mpangase did not correct the incorrect SAP register entry at Isipingo, which falsely stated they were going to FSL for analysis.
“...the exhibits did not go to FSL for analysis. They went to Port Shepstone from Isipingo... Why did you not correct the SAP register in Isipingo?...”
For more than 24 hours there is no SAPS record of where certain exhibits (drugs) are between being booked in and the entry in the Port Shepstone SAP 13 register, indicating a loss of record of these exhibits.
“for more than 24 hours there is no SAPS record of where these exhibits are”
Advocate Baloyi does not accept that the failure to correct the SAP 13 entry was an error of judgment and states the exhibits were not in exhibit bags and hence should not have been recorded as going to the lab.
“No, Warrant Officer, I do not accept that it was an error of judgement . And the reason I do not accept that it was an error of judgement is because, firstly, these exhibits ... are not in exhibit bags .”
Warrant Officer Mpangase states that because the receiving party refused to take the exhibits, the items were taken to the lab, and entered this into the book after making the entries.
“the decision that we are going to take them to Port Shepstone, that was the decision which came only after I had made my entries”
The statements of those present at Port Shepstone contradict Warrant Officer Mpangase's statement that the exhibits were going to the lab for analysis; everyone knew the exhibits were only going to Port Shepstone, not to the lab.
“In fact, your entry says analysis. It does not say storage. It says analysis . So I do not accept that you are being truthful about this.”
Advocate Baloyi asserts the statements made by Warrant Officer Mpangase and others are contradictory and contain falsehoods and misrepresentations about the exhibits' movement and handling.
“Your statements contain falsehoods or misrepresentations, in fact . And that is an observation .”
Warrant Officer Mpangase states it is possible a mistake was made or something was omitted in his diary entries, but nothing written is untrue to the best of his recall.
“If I had omitted anything, that could have been a mistake, which I could not remember. There is nothing which is untrue from what I have written there .”
Colonel Prinsloo testified that at Port Shepstone there was no SAPS transfer register or documentation for the receipt of exhibits or the safekeeping key, and no formality or documentation was done.
“Colonel Prinsloo testified that there was no SAPS transfer register completed or any form of documentation either in recording the receipt of the exhibits and then to the other part of the safe key. There was no formality or any documentation .”
Advocate Sikhakhane states that at Port Shepstone there was no formal record as to the quantity of exhibits upon their arrival, and the sealing only started the following day.
“what we see then is that what gets into at Port Shepstone, there is nothing formally recorded as to the quantity. In fact, you start sealing it the following day .”
Warrant Officer Mpangase does not recall exactly if the SAP 13 register entries were made on the 22nd but acknowledges if written it should be correct; the reason for returning on the 23rd was to take the exhibits into forensic exhibit bags per Jacob's instruction.
“Do you ever recall that Jacobs said we need to go back there to take the exhibit and put them into the bags forensics exhibit bags . That is the reason why we went back on the 23rd .”
Advocate Baloyi asserts Warrant Officer Mpangase was responsible for the inquiry file after moving from Isipingo Police Station to Port Shepstone and questions why there was no SAP 13 clerk or entries to record the exhibits' movement at Port Shepstone on the 22nd.
“You were responsible for the inquiry file at that point, when you moved from Isipingo Police Station to Port Shepstone. Why did you not arrange for an SAP 13 clerk from Port Shepstone on the 22nd itself to come and enter these exhibits, or record the movement of these exhibits ?”
Warrant Officer Mpangase justifies the lack of SAP 13 registration upon moving exhibits from Isipingo to Port Shepstone by presuming no necessity to register them in SAP 13 at Isipingo since they were already stored at Port Shepstone.
“I presume because of the fact that we have already stored them in the Port Shepstone, there was no necessity that we register them on SAP 13 in Isipingo – Port Shepstone, by the way .”
Warrant Officer Mpangase did not put exhibits back into the SAP13 register after booking them out, instead they were transported to and stored at Port Shepstone DPCI vault.
“we had already recorded them in SAP13 in Isipingo. And then at that time they were being transported to Port Shepstone”
Advocate Baloyi asks if at that time Warrant Officer Mpangase did not know that the national protocol requires exhibits to be recorded in SAP 13 and accounted for.
“Does it mean at that time you did not know that the protocol the national instruction requires that exhibits must be recorded in SAP 13 ? They must always be accounted for ?”
After booking out exhibits from SAP13 register, it is required by national instruction to account for them properly and enter them into the register again if returned.
“there is a national instruction that says they have to be accounted for”
Warrant Officer Mpangase thought there was no need to register exhibits again after they had been recorded once in Isipingo SAP13, which was his own mistaken perception.
“I thought from my own thinking that there was no longer a need for us to put them again, to register them, because we had already done so in Isipingo SAP13”
Advocate Baloyi SC accuses Warrant Officer Mpangase either of incompetence or deliberate ignorance in not following proper procedures for exhibit handling including registering them correctly, suggesting it could be part of a deliberate scheme to avoid accountability.
“Either you did not know what you were doing, as in you are incompetent, ... The alternative is you knew exactly what you were doing, and it was sinister. There was no sound reason, it was deliberate, it was intentional, it was part of a scheme that we are going to do this, we will not account for it, we will not put it in the books.”
Booking out exhibits means making an entry in the SAP13 register that the exhibits have been taken out, and re-entry is required on return to the register.
“When you say booking out exhibits, what does that mean? ... You even make an entry in the register itself that you have now taken them out? ... Yes. ... Now asuming that you book them out and bring them back, you would have to re-enter them in the register or not? ... Yes”
The storage room at Port Shepstone DPCI where the drugs were kept has no proper records in SAPS system; drugs are not recorded anywhere and the diary entries of exhibit handling are misleading, constituting major issues.
“It is a storeroom which has drugs in it which are not recorded anywhere on the SAPS system. There is no record of these drugs ... We have no entry of what you did on the 24th. We know you went into this vault, you handled these drugs on the 24th. There is no entry of that in this diary. ... Another false record in this diary. So it is not minor things, it is major things that mislead the reader of the diary.”
Warrant Officer Mpangase acknowledges he may have made a mistake omitting certain entries he was supposed to record, but he does not regard these omissions as tiny or negligible.
“I would accept that I may have done this mistake from my part. Yes, but I accept that I am the one who entered this, and it was a mistake that I omitted that I was supposed to.”
The investigation diary is silent about what Warrant Officer Mpangase did on 24 June 2021, but entries exist in the Port Shepstone SAP 13 register showing that on 24 June 2021, Mpangase took items 3.1 to 3.31 for investigation.
“your entry there is 6.1 on the right column, the extreme right column, and it says 24 June 2021, items 3.1 to 3.31, taken for investigation, Warrant Officer M F Mpangase. Do you see that?”
In his diary, Warrant Officer Mpangase's last entry is for 23 June 2021; the 24 June events are not recorded in his diary because those are recorded by Colonel Jacob, indicating a false entry by Colonel Jacob and omission by Mpangase.
“in your diary, the last entry by you is the 23rd of June, because what then follows is that false entry by Colonel Jacob, and then his other entries on the 29th and the 1st of July. So, in the diary you did not record the events of the 24th of June 2021.”
The exhibit clerk at Port Shepstone Police Station states he works at the exhibit office and is responsible for processing and safeguarding property handed into SAP 13 at Port Shepstone, but he was not present when the entry of these exhibits by Warrant Officer Mpangase was made and has never seen these exhibits physically.
“I am the person, my work at the exhibit office includes the processing and ensuring the safeguarding of property that is handed into the SAP 13 at Port Shepstone... I was not present when the entry was made into the SAP register, nor have I personally seen any of the exhibits that was handed in as per this entry.”
Warrant Officer Mpangase accepts that if he were the only person handling the key to the exhibits, he could have confirmed the number of exhibits, but that was not the case, so he cannot confirm the inventory number.
“but if the key was only handled by me, kept by me only, I would maybe confirm the number, but that was not the case.”
There is no record of the exhibits in any SAP 13 from 25 June until they were stolen, which means it is unknown how many exhibits were in SAPS possession at the time they were stolen and their condition then is unknown.
“because there is no record of how many are in SAPS’ possession at that time, we have no way of knowing that the original number that was booked in on the 2nd at Isipingo Police Station, taken out, booked in at Port Shepstone Police Station, the 3.1 up to 3.34, we have no way of knowing that they were still complete on the day that they were stolen, by the time they were stolen. There is no way of knowing, because you never made any record anywhere after the 24th of June.”
Warrant Officer Mpangase recorded the exhibits in the SAPS registers but after entry 6.1, SAPS does not have a written record of where the exhibits are stored.
“SAPS does not have a written record of where these exhibits are”
Warrant Officer Mpangase entered exhibits into the Port Shepstone SAP 13 register and immediately booked them out of that register on instructions from Colonel Jacobs, even though this process made little sense.
“You enter the exhibits in the Port Shepstone SAP 13 register and you immediately book them out of that register. That was per Jacob's instructions. ... It does not make sense.”
Warrant Officer Mpangase knowingly made a false entry stating exhibits were being taken for investigation, while actually locking them in a walk-in safe and not taking them out for investigation.
“You enter them, you book them out, you make an entry that says they are being taken for investigation. And yet you lock them in that same walk-in safe where they were before. The effect ... is that you made a false entry knowing it to be false.”
The Chairperson rejected Warrant Officer Mpangase's explanation and stated that the entry was false at the time it was made because exhibits were left locked in the safe under the control of General Senona.
“At the time you made the entry ... it was a false entry as at the time you made it, ... you are locking them there and you are taking the key back to General Senona. As at the time you made that entry, it was false.”
Warrant Officer Mpangase admitted that although he made the false entry, it did not necessarily mean the investigation was to be done on that particular day but would be done after he removed the exhibits, depending on the investigation officer.
“Yes, I entered that entry, but that does not necessarily mean that the investigation was going to be done on that particular day. It would have been done after I have removed them. That was going to be entirely dependent on the IO, the investigation officer.”
Warrant Officer Mpangase explained that booking exhibits out for analysis in the register did not imply immediate removal for investigation but meant they would eventually be taken for analysis.
“When I stated that I was booking them out for analysis, that did not imply that I was directly or immediately taking them out for investigation ... That was going to be the duty of the investigating officer to take them, transport them for analysis.”
Warrant Officer Mpangase made an entry that booked the exhibits out of the SAP 13 register on the basis they were going for analysis, knowing that the investigating officer might not take them for months, making the entry misleading.
“And yet you have made an entry that says, that books them out underlining booking them out of the SAP 13 register ... on the basis that they are going for analysis ... As you sit there, can you ever, ever say that that makes sense? That your entry makes sense?”
Warrant Officer Mpangase had no control over when the investigating officer would take the exhibits for analysis and acknowledged the investigating officer could delay this for days or months.
“You had no control over that, did you? No. ... The IO could have done this the following day, they could have done it after three days, they could have done it after four months for all you know. Correct? Yes.”
Warrant Officer Mpangase insists the entry makes sense to him as it refers to items going to be investigated eventually, not immediately, so timing was the investigating officer's responsibility.
“Yes, to me it makes sense because the entry ... is about things that were going to be investigated ... When the IO would investigate, it is none of my concern.”
Samples for investigation were already taken on 23 June, before the diary entry on 24 June that stated exhibits were being taken out for investigation.
“a day earlier, on the 23rd ... you had already taken samples for investigation”
Warrant Officer Mpangase made a diary entry on 24 June stating he was booking out exhibits for investigation, which counsel alleges was false and misleading.
“that entry you made on the 24th of June is false ... you were not booking out the exhibits for investigation”
27-Jun diary entry was false and misleading as it did not relate to exhibits being sent to the laboratory for investigation, since that had already occurred on 23 June.
“that was false and misleading because that was not the purpose of that entry. It had nothing to do with exhibits being made available for the investigating officer to take them to the lab because that you had done the day before.”
Warrant Officer Mpangase was holding the inquiry file for Colonel Jacob and was acting under his instructions on 23 June, including putting stuff in exhibit bags and taking samples.
“you were holding the inquiry file for Colonel Jacob ... He gave instructions on the 23rd ... You were acting because you were holding for him”
Advocate Baloyi accused Warrant Officer Mpangase of recording a false entry stating exhibits were taken out for investigation when in fact they were booked out for storage at DPCI.
“it is a lie that is recorded here that you are taking them out for investigation ... they were being booked out because , out of their book , you are taking them out of the SAP 13 because the clerk said ... So they are out of their book ... they are not there ... you know at that time ... they are stored somewhere else”
Warrant Officer Mpangase admitted booking the exhibits out for analysis was a mistake and that booking out did not necessarily mean analysis would happen that day.
“firstly , it was a mistake from my part . The second one , that we booked them out for analysis . That does not mean you booked them for analysis , meaning on that specific day they are going to be analysed”
Colonel Jacob was still hands-on with the inquiry even when out of duty; Mpangase only spoke to him twice, when instructed to unpack exhibits and take samples, with no further interaction.
“Colonel Jacob was hands on even when he was out of duty ... I only spoke with him only twice ... instructing me to go and unpack the exhibits , as well as that I should go and take samples . Thereafter I never interacted with him regarding work”
A witness, Warrant Officer Van Den Berg, described the scene on 22 June as chaotic in terms of counting exhibits and no one was controlling the counting.
“what he says is that it seems that the scene was chaotic and no one was ... everyone was just handling the exhibits”
Advocate Sikhakhane suggested some people may have tampered with the exhibits due to chaotic handling, but Warrant Officer Mpangase denied this and asserted the exhibit's integrity was maintained.
“everyone was moving about , it could have happened that some people may have tampered with the exhibits ... what you are saying is not so ... it was the integrity of the exhibit was contained”
Warrant Officer Mpangase denies hearing the statement about arranging forensic bags and booking exhibits as described by the highlighted part of the transcript.
Warrant Officer Mpangase stated that he only discussed exhibit matters with Colonel Jacob on the 23rd and 24th and held the exhibit awaiting Jacob's instructions.
Commissioner Baloyi suggests scenarios that Colonel Jacob exploited Warrant Officer Mpangase's ignorance and sought to remain in control over the exhibits.
“Either Colonel Jacob was exploiting your ignorance or ignorance for this operation... he was the one that was giving you instructions, but he remained the mastermind around these exhibits. He wanted to be in control”
Warrant Officer Mpangase resigned from DPCI before 7-8 November 2021 when exhibits were stolen but was still around when the theft happened, having put in resignation earlier with immediate effect.
“I left before. I resigned before ... No, what I mean by resignation is that I put the application there of, but when they were stolen I was still around”