Hearing day 80

Sergeant Nkosi assisted to buy a Can-Am vehicle for Mthakathi Mswazi.

“did you assist to buy one of those can-ams for him ?”

Mthakathi Mswazi sent Sergeant Nkosi a document with case numbers for Joseph Anyoni regarding multiple taxi violence cases in Johannesburg, Pretoria Central, MTN Taxi Rank, and Brooklyn.

“Mthakathi Mswazi is sends you a document ... headed Case Numbers for Joseph Anyoni , and then there are seven case numbers . One at Joburg Central , one at Pretoria Central , One at . . . , two at MTN Taxi Rank , and one at Brooklyn”

The cases involved taxi violence and multiple murders targeting the Msibi family after Mr Jotham Msibi passed on, leading SANACO Executive Committee to meet then Minister of Police General Bheki Cele to discuss investigations.

“after Mr Jotham passed on , there was a stream of taxi violence or taxi murders in Johannesburg , Pretoria Central . So what transpired ? The SANACO Executive Committee , they then decided to go and meet the then Minister of Police , that is General Bheki Cele , to discuss with him about this matter , that they must be investigated”

Mthakathi Mswazi represented the Msibi family in the meeting with the SANACO Executive Committee and Minister Bheki Cele.

“Mr Mthakathi was part and parcel of that delegation on behalf of the family”

All vehicles involved in the taxi violence cases shot at belonged to the Msibi family, and Mr Mthakathi Mswazi wanted these cases investigated as taxi violence cases on behalf of the Msibi family.

“all of the vehicles involved in these cases belonged to the Msibi family and Mr Mthakathi Mswazi on behalf of the Msibi family was wanting these cases investigated as taxi violence cases directed against the Msibi family ?”

The President of SANACO at the time of the taxi violence meeting was Mr Abnar Tsebe, not Mr Joe Sibanyoni.

“was Mr Sibanyoni the President of SANACO at the time ? - No not as yet. - Yes by that time I think it was Mr Abnar Tsebe”

Joe Sibanyoni was alleged to be the mastermind behind the taxi violence cases.

“At that time it was alleged that Joe Sibanyoni is the mastermind behind these cases”

There was a meeting between the SANACO Executive Committee and Minister Cele about taxi violence, but Sergeant Nkosi was not part of that meeting.

“there was a meeting between the SANACO Executive Committee and Minister Cele. - That is correct. - And were you part of that meeting ? - No, I was not part”

After the meeting between Minister Cele and SANACO Executive Committee, some official channels of communication were designated within SAPS and the Ministry to address taxi violence issues.

“some mechanism to take the matter forward ... at that meeting ... Minister Cele designated someone within SAPS or someone within the Ministry to be approached on all taxi violence issues ... SANACO designated anyone who would be their communication point to take matters forward”

The SANACO contacts for the taxi violence matter were Abnar Tsebe and Mr Masase.

“the SANACO contact person ... would be Abnar Tsebe or Mr Masase”

The contact person for SAPS or Ministry side for the taxi violence issues was not known exactly but there would have been one designated.

“would have been a contact person from the SAPS side”

Sergeant Nkosi received the document from Mthakathi Mswazi to inform him about the taxi violence cases concerning the Msibi family, and Mr Mswazi was a family head trying to solve the murder cases of Mr Msibi.

“according to him it was just to inform me that there is something that is happening . As a family head at that time , he was trying to make means to solve what has happened to Mr Msibi ' s cases”

Sergeant Nkosi did not take any action on receiving the document because he believed the matter would be handled by the highest office after a meeting.

“reason that I did nothing is because I thought it was the information to be known because they had a meeting with the highest office ... I did not , if I can remember , I did not”

Mthakathi Mswazi or the family, in addition to giving the document, also had a meeting with the highest offices and conveyed information about the cases.

“Mr Mthakathi Mswazi , or the families , or the family , in addition to giving you this document , also had a meeting with the highest offices and conveyed that information to them is what you understood ?”

Sergeant Nkosi had no involvement in any of the taxi violence cases.

“did you have any involvement in any of these cases ? - No .”

General Mkhwanazi deployed a task team to make inquiries into specific cases following a meeting with the Minister.

“The Minister deployed Lt-Gen Mkhwanazi on that matter and then General Mkhwanazi informed me that he has got a task team on this issue to make enquiries”

General Mkhwanazi's request to Sergeant Nkosi to set up a meeting was effectively an instruction.

“I am trying to, you know, to put it on the right way like instruction that yay, you must, you know, yes ... But he expected you to do it, did he not? Yes.”

General Mkhwanazi requested Sergeant Nkosi to arrange a meeting with Mr Sibanyoni to make inquiries regarding specific allegations.

“Fannie, can you arrange a meeting with Mr Sibanyoni? We need to make enquiries about this”

Sergeant Nkosi thought Mr Mthakathi Mswazi's approach was a private request and chose not to inform General Mkhwanazi.

“I did not think that I should tell him, even though I was supposed to tell him ... I thought because now Mr Mthakathi sent me this and now he is coming into enquire as well about this, I thought because of that it was part and parcel of the family”

Sergeant Nkosi was independently approached by Mr Mthakathi Mswazi on behalf of the Msibi family for the investigation but did not inform General Mkhwanazi of this.

“Did the General know that you had independently been approached by Mr Mthakathi Mswazi on behalf of the Msibi family to make this investigation? No, no. Did you then not tell him? No, no, I did not.”

Mr Sibanyoni was a friend of Mr Msibi but they were not on good terms before Mr Msibi died.

“Remember now, Mr Sibanyoni was Mr Msibi's friend. So on those basis, I knew him. ... It is because before Mr Msibi died, they were no longer in good terms, they were fighting.”

Sergeant Nkosi was tasked with setting up a meeting with Mr Sibanyoni related to allegations brought by the Msibi family and he did so.

“Did you set up the meeting with Mr Sibanyoni? That is correct.”

Mr Sibanyoni expressed condolences in relation to the death of Mr Msibi in a chat with Mr Mandla Gcaba, which Sergeant Nkosi saw.

“That is correct. ... He did express condolences in relation to the death of Mr Msibi. He did, Mr Sibanyoni.”

Sergeant Nkosi regularly communicated with Mr Sibanyoni while monitoring the status of Mr Msibi's taxi, which was stopped by queue marshals and refused passengers loading.

“His taxi will be stopped by the queue marshals and then they will refuse him to load the passengers and then he will phone me and I will go back to Mr Sibanyoni and inform him ... I was regularly communicating with Mr Sibanyoni on those bases.”

Sergeant Nkosi was intervening in disputes involving the Msibi family taxis as a family friend, not as a police officer.

“I was trying to solve a dispute between two families. ... As a family friend, no, not as a policeman.”

General Mkhwana requested Sergeant Nkosi to intervene in a case between two families owning taxis because he knew both families and trusted Nkosi could broker peace.

“when General Mkhwana made that request to you ... he knew that I knew Mr Sibanyoni and I knew Mr Mswazi because I once introduced Mr Sibanyoni to General Mkhwanazi”

Sergeant Nkosi said Mr Mthakathi Mswazi sent the list to make him aware of the investigation progress related to Mr Sibanyoni's cases.

“the call was about ... there is going to be a movement from the SAPS because we have already spoken to the Minister. So he was making a follow-up upon the photos that he sent me.”

Sergeant Nkosi did not ask Mr Mthakathi Mswazi why he sent the list, nor did he do anything about it afterward, believing he already understood the purpose.

“I did nothing ... No, no, no. According to me, there was no need to ask him why he was sending me this list because I know ... Yes.”

Sergeant Nkosi received a list from Mr Mthakathi Mswazi about cases related to Mr Sibanyoni, whom Mswazi is considered an enemy by Nkosi.

“the list of cases that relate to Mr Sibanyoni, they come from his enemy, in quotes...”

Mr Mthakathi Mswazi sent Sergeant Nkosi a list of case numbers concerning Mr Sibanyoni that relate to an investigation and expects Nkosi to look into those cases.

“he sent to you a list ... about the case numbers of Mr Sibanyoni ... the last part is actually what happened is he sent it to you to say look at the cases. Looking inside these cases.”

Mr Ngoato and his colleagues made their own campaign files from Commission files because they needed to consult files thoroughly and found errors in the Commission files.

“We made our own files because obviously when we consult we need to go through files. There was no way ... Secondly, the same pages have been identified in the last three days. Colleagues and I have been sharing this information ...”

There were over 30 calls between Sergeant Nkosi and Warrant Officer Zungu on the day of the incident.

“there were over 30 calls between yourself and Warrant Officer Zungu on that day”

Sergeant Nkosi received information from Warrant Officer Zungu that suspects involved in a murder in Vereeniging were known to Mr Mthakathi.

“they are on their way to the scene of crime where one white African male was murdered. And it is alleged that the people who committed that particular murder, they are known to Mr Mthakathi.”

Sergeant Nkosi phoned Mr Mthakathi to inform him about suspects known to him being arrested in relation to the murder in Vereeniging, but Mr Mthakathi did not initially provide names.

“I phone Mr Mthakathi and informed him that I heard that there are people that you know that have committed murder in Vereeniging. Then Mr Mthakathi said to me, who are those people that committed? I then went back to Warrant Officer Zungu... They did not give me a name”

Mr Mthakathi later confirmed to Sergeant Nkosi that Danny Mabusela was being arrested and sent the ID number of the arrested person for verification.

“Mr Mthakathi came back to me and said to me, I heard that Danny is being arrested. Can you confirm that indeed it was Danny?... later that I think maybe few minutes or a minute after Mr Mthakathi sent me the ID number of Danny Mabusela”

Warrant Officer Zungu was at the scene or on the way from the DPCI when he contacted Sergeant Nkosi.

“At that time, he was still in DPCI... Warrant Officer Zungu told me that, I cannot remember if they were already at the scene or still going to the scene”

Mr Mthakathi was not helping Sergeant Nkosi with the investigation but there was an exchange of information between them initiated by Sergeant Nkosi after a call from Warrant Officer Zungu.

“Mr Mthakathi was not helping me with investigation. I was not asking him for information. It was exchange of information between myself and Mr Mthakathi. I initiated after I received a call from Mr Zungu”

Warrant Officer Zungu told Sergeant Nkosi that suspects were known to Mr Mthakathi and were arrested at the scene with allegations of murder.

“Warrant Officer Zungu told me that... there are suspects that are arrested there, Commissioner, at the scene with the allegation of murder”

Warrant Officer Zungu knew at 11:54 that suspects arrested were known to Mr Mthakathi and explained this to Sergeant Nkosi.

“Warrant Officer Zungu on your evidence at 11:54 knew that the suspects were known to Mr Mthakathi.”

Warrant Officer Zungu asked Sergeant Nkosi to check with Mr Mthakathi if he knew about the arrested persons linked to murder allegations.

“Check with him. I think something like of sorts was discussed there of hey, check, I heard one of the people that known to Mr Mthakathi are arrested, can you confirm?”

Sergeant Nkosi does not know why Warrant Officer Zungu needed to know if Mr Mthakathi was aware of the arrests.

“I do not know.”

Warrant Officer Zungu wanted Sergeant Nkosi to confirm if Mr Mthakathi knew the suspects allegedly from Atteridgeville who were arrested in relation to a murder.

“Can I confirm if he knows those people because it is alleged that they are from Atteridgeville and they are known to Mr Mthakathi. So I must confirm with Mr Mthakathi if are there such people.”

Sergeant Nkosi denies that Mr Mthakathi sent suspects responsible for the murder of Mr Swart to him to be checked.

“Did he ask you to confirm whether there were people that morning who killed Mr Swart and who were arrested were in fact sent by Mr Mthakathi? No.”

Danny was confirmed to have been arrested and the case numbers were sent to Warrant Officer Zungu as confirmed by Mr Mthakathi.

“up until Mr Mthakathi phoned me and said, indeed, it is confirmed that Danny has been arrested. And then he sent me the case numbers. It confirmed to Warrant Officer Zungu that indeed, these people were arrested.”

Mr Mthakathi contacted Sgt Nkosi more often after getting information from Warrant Officer Zungu about Danny's arrest to get confirmation.

“Now, that is why now you see Mr Mthakathi calling me more often, then I call Zungu more often, then Mr Mthakathi comes back to me and say, I just received information that it was Danny. Any you confirm ?”

Mr Mthakathi said that Danny is the person ultimately standing trial for the murder of Mr Armand Swart.

“It was Mr Mthakathi who said to you I got information that it is, well, Mr Mabusela. Who is ultimately standing trial for the murder of Mr Armand Swart.”

Warrant Officer Zungu confirmed to Sgt Nkosi that the ID number given by Mr Mthakathi belongs to the person named Danny.

“They said it is Danny, can you confirm ? Because they said it is Danny, and the ID number is here. Can you confirm that it is Danny ? Can you confirm it is Danny ?”

Sgt Nkosi called Warrant Officer Zungu to confirm whether the ID given by Mr Mthakathi corresponds with Danny, and Zungu confirmed it was correct.

“I did nothing, I called the Zungu again. They said it is Danny, can you confirm ? Because they said it is Danny, and the ID number is here. Can you confirm that it is Danny ? Can you confirm it is Danny ?”

Sgt Nkosi received ID numbers from Mr Mthakathi to confirm the identity of the arrested person named Danny; Warrant Officer Zungu confirmed the ID was correct but did not himself give the name Danny to Nkosi.

“It was the ID number, Commissioner, by Mr Mthakathi. So, Warrant Officer Zungu did not tell me it was Danny. Only it is Mr Mthakathi himself who told me it is Danny. He just received a call it is Danny.”

Sgt Nkosi sent Warrant Officer Zungu's contact number to Mr Mthakathi so that Mr Mthakathi could contact Warrant Officer Zungu directly for confirmation of information.

“The reason that I sent Warrant Officer Zungu's number to Mr Mthakathi, I felt that it was back and forth. Mr Mthakathi's and then Zungu decide, Mr Mthakathi is said the person who has got this information, is Warrant Officer Zungu, phone him.”

Warrant Officer Zungu asked Sgt Nkosi for his contact number so he could confirm identity of Danny.

“He would only ask for it if he wanted to use it.”

Sergeant Nkosi called Tiego Floyd Mabusela 'Danny' as a familiar name.

“Why do you call him Danny ? Because the details given to you are Tiego Floyd Mabusela , but you call him Danny . It is a familiar name .”

Sergeant Nkosi did not know Tiego Floyd Mabusela before receiving certain details on 17 April 2024.

“Sergeant Nkosi , did you know Tiego Floyd Mabusela before this date, before you received the details that we see on page 791 ? No .”

Sergeant Nkosi took Mr Mthakathi as an uncle figure due to his connections and friendship with Mr Msibi and others.

“I took him as an uncle because of this ... these are the friends .”

Mr Mthakathi is a friend and business associate of Mr Msibi, both involved in the taxi and security industries.

“Mr Mthakathi was a friend to Mr Msibi . They were business associates . Mr Mthakathi is in taxi industry, is in security industry.”

Mr Mthakathi got involved with bike transactions originally initiated by Babab, and Sergeant Nkosi facilitated and trained him on these bikes and their accessories.

“When they bought bikes, Baba bought the bike first and then he sold it, then he wanted these three wheel bikes . Then Mr Mthakathi got into the picture . I also wanted a bike . So that is when I started to facilitate it and so forth . When the bikes were delivered, I started to train him on those particular bikes and get them a regalia .”

Sergeant Nkosi confirmed there was a meeting involving Mr Mthakathi arranged with General Sibiya around 21 April 2024 regarding the Mama issue.

“In chat 5 you say: 'Indeed, good day, General. I have a meeting with Mthakathi and others in regards to the Mama issue.' ... General Sibiya says: 'But I also want to meet them urgently.'”

Sergeant Nkosi said General Sibiya knew who Mr Mthakathi was and wanted to meet him, but Nkosi did not know why.

“According to my understanding, yes, he knew ... Yes, he wanted to meet Mthakathi. I was already meeting with Mthakathi ... He wanted you to arrange that meeting ... Yes.”

Sergeant Nkosi believed there were possibilities that General Sibiya met Mr Mthakathi at Mr Msibi's farm, since General Sibiya had been around for a long time and knew him.

“There are possibilities that he might have met him there ... General Sibiya has been around for a long time ... According to me, he knows him.”

General Sibiya had visited Mr Msibi's farm at least three or four times, confirmed by Sergeant Nkosi.

“You have seen General Sibiya at Mr Msibi's farm at least three or four times ? Yes .”

Sergeant Nkosi confirmed having calls exchanged between Mr Mthakathi and Warrant Officer Zungu after giving contact details to Mr Mthakathi, but cannot remember if they spoke before receiving the details.

“After you send him Mr Zungu's contact details, you do have a conversation with Mr Mthakathi... I cannot remember.”

Sergeant Nkosi denies that Mr Mthakathi Mswazi was giving him the ID number to confirm with Warrant Officer Zungu and asserts that he was given the ID for another purpose.

“Yo u a r e w r o n g .”

Sergeant Nkosi did not communicate again with Warrant Officer Zungu because he felt it was no use since he had already given Mr Mthakathi Mswazi the number of Warrant Officer Zungu for communication.

“T h e r e a s o n t h a t I d i d n o t c o m m u n i c a t e w i t h Wa r r a n t O ff i c e r Z u n g u a b o u t t h a t a g a i n , I F e l t t h a t i t w a s n o u s e t o m e b e c a u s e I g a v e M r M t h a k a t h i t h e n u m b e r o f Wa r r a n t O ff i c e r Zu n g u , a n d o b v i o u s l y t h e y w e r e s u p p o s e d t o c o m m u n i c a t e .”

The purpose of Mr Mthakathi Mswazi giving Sergeant Nkosi the name and ID number at 09:59:58 PM was so that Sergeant Nkosi could convey it to Warrant Officer Zungu to confirm the person in custody was the person known by Mr Mthakathi Mswazi.

“That is correct .”

Sergeant Nkosi did not think it was prudent to check with Warrant Officer Zungu that the suspected murderer had the correct identity, leaving it to Mr Mthakathi Mswazi to convey the information.

“No .”

Sergeant Nkosi stated that after Mr Mthakathi Mswazi sent him the ID number to confirm the arrested person, he assumed Mr Mthakathi Mswazi would communicate with Warrant Officer Zungu and thus did not follow up.

“At that time , I repeat again , Mr Mthakathi sent me the ID number . He said he just received a call that indeed this people were arrested , I must confirm with Warrant Officer Zungu that is indeed this person . That is when he sent me the ID . So to me , I then said , because I have already sent the Warrant Officer Zungu 's contact number , he was going to communicate with him . That is the reason after he sent that thing , I just kept quiet .”

Sergeant Nkosi was content to leave it to Mr Mthakathi Mswazi to give information to Warrant Officer Zungu about the arrested person without personally verifying the identity.

“That is correct .”

Sergeant Nkosi explained that the presence of TOMS and Warrant Officer Zungu at the scene justified why Warrant Officer Zungu needed to check the details of an arrested person.

“It is because of TOMS was there or on their way there . But the bottom line is TOMS and Zungu , they were there .”

Sergeant Nkosi was unsure if the case on the 17th was a TOMS case or a Hawk's case but thinks they were responding to the scene as TOMS personnel.

“I can not be sure if it was their case . I think because they were in TOMS , maybe they were responding to the scene . But I would not be sure that it was the DPCI or ...”

Mr Mthakathi Mswazi sent Sergeant Nkosi a video on 21 April, which was CCTV footage of the murder of Mr Armand Swart.

“7 9 2 . A n d t h a t v i d e o , I a m n o t g o i n g t o p l a y i t a t t h i s s t a g e , b u t w h a t i t i s , i s i t i s t h e C C T V f o o t a g e o f t h e m u r d e r o f M r A r m a n d S w a r t .”

Mr Mthakathi Mswazi had CCTV footage of the murder and sent it to Sergeant Nkosi claiming he got it from the crime scene, but did not disclose the source.

“He said no , he wanted to show me that he also got this information from what it is alleged that they did Mr Mabusela and the others .”

Sergeant Nkosi did not ask Mr Mthakathi Mswazi from whom he got the CCTV footage and was never told the source.

“I did not ask him , but I did ask whom did he got it from . He never told me .”

Mr Mthakathi Mswazi knew the alleged murderer Mr Mabusela and had the CCTV footage of the murder.

“So , he knew the alleged murderer .”

Sergeant Nkosi confirms that Mr Mthakathi Mswazi had the CCTV footage of the murder.

“That is correct .”

Sergeant Nkosi did not see the matter of someone who knew the murderer having CCTV footage as requiring immediate investigation because it was already public and suspects were arrested.

“I did not see it like that at that time because automatically it was all over the news and it was also said that the perpetrators or suspects were already arrested .”

Sergeant Nkosi has looked at the CCTV footage of the murder taken from inside the premises where Mr Swart was trying to drive at the point he was murdered.

“Yes .”

Sergeant Nkosi does not know how Mr Mthakathi Mswazi obtained the CCTV footage.

“I would not know .”

Sergeant Nkosi said the CCTV footage was sent three days after their last communication and was unexpected.

“You see , if we go to page 792 , we see there is no communication between the two of you between the 18th and the 21st . And then after three days , with no intervening communication , he just sends you the CCTV footage .”

Sergeant Nkosi took about an hour to call back Mr Mthakathi Mswazi after receiving the CCTV footage, depending on when he opened the file.

“I t d e p e n d s o n w h e n d i d I o p e n t h i s f i l e .”

Sergeant Nkosi carries on talking with Mr Mthakathi Mswazi about the murder but not specifically that it was the topic of the day.

“Not specifically that it was a topic of the day or whatsoever . It think he was just talking about it , that this suspect that happened there was gruesome . So that is the reason he sent me . But not that specifically he call was about that .”

Sergeant Nkosi forwarded CCTV footage to Warrant Officer Zungu at 14:57 on the same day he opened the file, implying he had viewed the footage by then.

“at 14:57 you forwarded the CCTV footage to Warrant Officer Zungu”

Sergeant Nkosi admitted he called Mr Mthakathi Mswazi back about the file 56 minutes after opening it, not immediately.

“you only call Mr Mthakathi Mswazi back at 03:53... So at least 56 minutes after you have opened the file you still have not raised anything about it with Mr Mthakathi Mswazi”

Sergeant Nkosi forwarded a video related to the file to Warrant Officer Zungu without explanation, only sharing it as part of their communication.

“I sent it to Warrant Officer Zungu. Remember, he was the one who had knowledge about this. So, it was our communication... Then I shared it with him.”

Mama had lost a security contract in Menlyn, Pretoria East, and was unemployed; Sergeant Nkosi tried to help her by finding employment or contracts as she was a single parent with three or four kids.

“She had a security contract somewhere in the Menlyn, Pretoria East... She was unemployed... She was a single parent with four or three kids... I went further to try to keep the doors open for her.”

General Sibiya might not have been truthful when he said he did not know what the Mama issue was, despite prior knowledge and involvement.

“General Sibiya testified here a week or two ago and ... said he does not know what the Mama issue is... if he testified that he does not know ... he would not have been truthful.”

General Sibiya introduced a person named Yvonne Thobejane called 'Mama' to Sergeant Nkosi, and he was tasked by General Sibiya to assist her in finding employment.

“She was introduced by General Sibiya as Mama... Mama”

General Sibiya asked Sergeant Nkosi to attend to Mama's issue and try to find employment for her.

“General Sibiya had asked you to see if you can not find work for her, employment for her.”

Sergeant Nkosi confirmed that General Sibiya knew what the Mama issue was and tasked him to attend to it.

“He is the one who actually tasked you to attend to the Mama issue, correct? ... That is correct.”

Sergeant Nkosi confirms that General Sibiya must have known who Sergeant Nkosi was meeting when he said he wanted to meet them urgently.

“I accept that General Sibiya must have known who are these other people that are with Mthakathi, otherwise he would not say I want to meet them urgently.”

Sergeant Nkosi sent CCTV footage of a murder to Warrant Officer Zungu without immediately notifying Mr. Mthakathi Mswazi, who had access to the footage.

“You opened the footage, forwarded it to Warrant Officer Zungu, but did not call back Mr Mthakathi Mswazi until almost an hour after you had forwarded it to Warrant Officer Zungu.”

Warrant Officer Zungu was not the investigating officer for the case but was responsible for informing Sergeant Nkosi about the CCTV scene and making enquiries on the ground.

“Warrant Officer Zungu was not an investigating officer. Warrant Zungu happens to be the one who informed me about this particular scene, making enquiries, as I have mentioned earlier. ... Warrant Officer Zungu is an operator. He works on the ground. Time and again we share information, not that maybe it was this particular one that was shared ...”

Sergeant Nkosi shared an article about SAPS KZN crisis with Mr. Mampane because Mr. Mampane had an interest in security and wellbeing in the taxi industry and cooperated with KZN Provincial Commissioner over taxi violence issues.

“The reason that I have shared with him, Mampane's interest was also in security well-being. And the other thing, again, is they were working hand-in-glove, not hand-in-glove as per se, but whenever they had problems in the taxi ranks, they would interact with KZN, Provincial Commissioner. Because at one stage they had a meeting together with Mr Mswazi and Mr Xaba in KZN with regards to the issues that were to be resolved of taxi violence in KZN.”

The taxi industry regularly has meetings with the road and transport policing general and sometimes with the Minister and provincial Commissioner to resolve issues together in KwaZulu-Natal (KZN).

“the taxi industry, they are more interested in police because they are working hand in glove with them”

General Mkhwanazi is subject to serious negative allegations of criminal conduct including stealing from the KwaZulu-Natal police budget and meeting with underworld figures to oust officers.

“they are quite damning, they make damning allegations against General Mkhwanazi”

Sergeant Nkosi shared untested negative allegations about General Mkhwanazi with Mr Mampane, a civilian not a SAPS police officer.

“you share with him untested, unless you say they were tested or you say you also suspected that General Mkhwanazi was involved in these things that are listed here, unless you say that is what you also thought”

Sergeant Nkosi did not check whether the damaging allegations against General Mkhwanazi were true before sharing them with Mr Mampane.

“I did not”

General Khumalo and General Masemola are accused of corruption, fraud, and theft of crime intelligence funds.

“General Khumalo and Masemola are accused of corruption, fraud , and theft of crime intelligence funds”

Sergeant Nkosi sent information about serious allegations against Generals Khumalo and Masemola to Mr Mampane to keep him informed because he shares Mr Mampane's concern about police corruption and criminal conduct.

“I was just sending them just to be knowledgeable that this is what is currently happening and not so forth”

The news and messages regarding General Mkhwanazi's alleged corrupt activities were not verified before being spread by Sergeant Nkosi and may amount to gossip adding to worry.

“you are simply spreading what appears to be gossip, if you like, because you have not verified it. You just spread it on. So, you are just adding to his worry”

The photographs show dead bodies and bullet-ridden vehicles around the vicinity of a taxi, indicating a violent crime scene.

“From 961 to 972, there are pictures of dead bodies, presumably in the vicinity of the taxi, and several vehicles with bullet holes in them.”

Sergeant Nkosi shared photographs depicting dead bodies and bullet-damaged vehicles with Mr Mampane as a warning about the danger in the area and to caution against sending people to run a project there.

“The reason that I have shared these things with Mampane ... I was warning him, can you see how people have been killed there? You must be careful before you send in your people to run a project there.”

Sergeant Nkosi cannot clearly recall where he got the photographs from or who sent them to him.

“I cannot remember clearly, Commissioner, where did I find them, but it was somewhere in Brits. I do not know who sent it to me at that time.”

The photographs shared by Sergeant Nkosi are not official SAPS photos, but taken by civilians who were at the scene.

“These are not SAPS pictures...They look like... maybe some civilian that was there.”

Sergeant Nkosi forwarded a SAPS situation report about an ongoing investigation at a house where suspected stolen property was found, but the suspect had not initially been apprehended.

“You forward to Mr Mampane a situation, a SAPS situation report ... try to find the owner of the house ... The house is locked and fenced with electric fence ... but final situation report says: There is no suggestion that the suspect has been arrested.”

Sergeant Nkosi circulated these photographs and information about crime around certain areas as part of usual practices to keep Mr Mampane informed.

“I was just circulating these things because of the way I usually do when there is something around the area ... we just send.”

The suspect mentioned in the situation report was later arrested, reportedly a Zimbabwean, but the owner of the house remained at large.

“At that particular scene ... I think one Zimbabwean suspect was arrested there ... But the owner, I am not sure if he was arrested or not ...”

The forwarded photographs and situation reports relate to suspected stolen property found at the crime scene, which included vehicles and motorcycles.

“There are large numbers of photographs ... presumably the stolen property or the property believed to be stolen ... it includes large numbers of trucks, some motorcycles, items scattered across the floor.”

Sergeant Nkosi sent an internal SAPS communication about a double murder and attempted murder in Soshanguve on 23 December 2024 to Mr Mampane, circulating details like the injured victim location and vehicle information outside SAPS.

“By circulating what was an internal SAPS communication to someone outside SAPS, in the process you took outside SAPS details of where the injured victim was now to be found, who drove the injured victim to the place where the injured victim was now to be found, to the clinic, and what vehicle that person who drove the victim to the clinic uses, the registration number, so the vehicle could be identified as well.”

Information about a surviving victim and the details of the hospital to which he was taken was already published on Yusuf Abramjee's page before Sergeant Nkosi circulated the internal SAPS communication to Mr Mampane.

“All of this information , including that there is a surviving victim and the details of the hospital to which he was taken , are you saying Mr Abramjee had published that already ? That is correct .”

The police report about Mr Sithole, a known taxi boss shot and killed in Soshanguve, was already publicly available on Facebook by the time Sergeant Nkosi circulated it to Mr Mampane.

“And I still confirm that event though it looks like a , indeed it is a police report , but by the time I sent it , it was all over the news . ... And with the same format that it is like that , it was circulating on Facebook . ... That is correct .”

Sergeant Nkosi forwarded General Sibiya's message about the investigation of General Khumalo and his team to Mr Mampane because Mr Mampane is someone who shows good sentiment about the police and the police enjoy working with him.

“I just forwarded it to him . To me , it was a norm that maybe to circulate what I come across , whether it is bad or it is good about the police , because of Mr Mampane is one person who share good sentiment about the police .”

General Sibiya sent a message to Sergeant Nkosi on 8 February 2025 at 4 minutes past 8 in the morning confirming that the investigating directorate told the National Commissioner they are investigating General Khumalo and his team for a real list of offences.

“General Sibiya messaged you to say : It was confirmed that the investigating directorate told the National Commissioner today they are investigating Khumalo and his team , real list of offences .”

Sergeant Nkosi admits it may have been improper for General Sibiya to have sent a confidential message confirming an investigation of General Khumalo to him, and improper for Sergeant Nkosi to have circulated that confidential information to Mr Mampane.

“From my side , it seems improper for General Sibiya to have forwarded it to you , because I doubt that the National Commissioner intended it to go beyond General Sibiya . But it certainly seems improper to me for you to have circulated that confidential piece of information to a taxi owner outside of the SAPS . I understand , I take it , it was wrong .”

Sergeant Nkosi sent information about the National Police Commissioner Fannie Masemola and National Crime Intelligence Head Lieutenant General Khumalo being raided by IDAC to Mr Mampane on 8 February 2025 at 11:27:22 a.m.

“The NPA Investigative Directorate , IDAC raids National Police Commissioner , Fannie Masamola and National Crime Intelligence Head , Lieutenant General Khumalo .”

Sergeant Nkosi accepted that sharing details including police officers and LCRC member who visited the scene potentially exposed them to risk of corruption or undue influence.

“Do you accept that by mentioning the police officers, the detectives on stand by, but maybe more importantly, the LCRC member that you mentioned there who visited the scene, that in fact you were potentially exposing them to whoever you are distributing this stuff to, this note to? ... you were potentially opening them up to exposure to those kinds of people who may want to corrupt them, who may want to direct them or influence them what to do? Do you accept that potential risk?”

Sergeant Nkosi accepted that sharing details of a hospitalized person by name and location potentially placed them at risk when shared with a member of the public.

“Do you accept that by sharing the details of this person who is in hospital, their name and where they were taken, that you were potentially placing them at risk when you share this with a member of the public? Do you accept that?”

Sergeant Nkosi accepted that as a police officer, distributing sensitive information to a civilian recreated and contributed to risks those people were exposed to.

“I am talking about you, a police officer, who distributes this to a member of the public, that you must surely accept that you are creating, if there was already a risk, you contributed ... to the risk that these people were exposed to.”

Sergeant Nkosi admitted he may have been wrong to forward information about a hospitalized person because it was already public on Facebook but took full responsibility.

“I am not shying away from taking full responsibility, even though it was in public domain, but I think maybe I was wrong to forward it further, but automatically it was no longer confidential because it was already on Facebook.”

Sergeant Nkosi shared to Mr Mampane exchanges related to an internal audit report into Mr Matlala's contract, which involved responses from General Phokane and the City Press newspaper.

“You also forward to Mr Mampane the exchanges that we have seen previously that were forwarded to Mr Motsumi, the approach from Mr Mashego, the City Press newspaper, the response of General Phokane and the internal audit report into Mr Matlala's contract.”

Sergeant Nkosi admitted sharing documents with Mr Mampane to inform him about problems with the security project and the former security of the farm.

“There was nothing much on it at that particular time, Commissioners. The reason I just sent it, it was just for Mr Mampane, hey, look what is happening now with the former security of the house, or of the farm, about the project that he got. This is what is happening. I was sending him that.”

Sergeant Nkosi admitted that Mr Matlala, who was running security for the Msibi family, was at risk of having his contract with SAPS terminated and he shared this information with Mr Mampane.

“So you were letting Mr Mampane know that Mr Matlala who was running security for the Msibi family was at risk of having his contract with SAPS terminated.”

Sergeant Nkosi did not expect Mr Mampane to take up the risk issue with Mr Matlala, stating that Mr Matlala already knew according to him.

“Did you not imagine that Mr Mampane would take this up with Mr Matlala? Did you expect Mr Mampane to take this up with Mr Matlala? No. Because Mr Matlala already knew, according to me.”

Sergeant Nkosi confirmed it was correct that Mr Matlala was at risk of contract termination with SAPS.

“That is correct.”

Sergeant Nkosi said he responded "Eish" to the report of the arrest of Mr Matlala because he knows him personally.

“I just said "Eish" because of Mr Matlala is someone that I know.”

Sergeant Nkosi said the phrase "Eish" does not necessarily express pain, but is just a phrase added in conversation.

“"Eish" does not necessarily mean that I am feeling pain. I can say "Eish", I want to go to the toilet. "Eish" is just a phrase you add when someone ...”

Sergeant Nkosi stated he was not sad about the arrest of Mr Matlala because he believed there was no way Mr Matlala could be arrested without wrongdoing.

“I was just moderate, not that I was sad that he was arrested. I knew there was no way that he could be arrested without having done anything. So there was no way that I could be sad that Mr Matlala was arrested, no, no, no.”

Sergeant Nkosi confirmed that Mr Mampane regularly visits Mr Motsumi because Mr Motsumi used to work with Mr Mswazi where Mr Mampane was residing.

“I can confirm that Mr Mampane also regularly visits Mr Motsumi, because obviously Mr Motsumi used to work with Mr Mswazi where Mampane was residing as well.”

Sergeant Nkosi sent an invitation code to Mampane to access Mr Motsumi's place, not Mr Motsumi himself.

“you were the one who forwarded the invitation to him, not Mr Motsumi . You sent the invitation .”

Sergeant Nkosi frequently received calls from Mr Motsumi and speculated he sent the code possibly due to phone network issues, but he did not accept that specific explanation.

“Maybe one , it might have been his phone network or so forth . But Mampane frequently calls Mr Motsumi .”

Sergeant Nkosi denied that his access to Mr Motsumi's place was better than Mr Motsumi's own access if the network was down.

“I do not accept that , because it is not what I said . I am speculating it might have been a problem .”

Sergeant Nkosi met with Mr Mampane on the day he sent him the invitation code from Mr Motsumi's estate, accompanied by Sergeant Moraka and later Sergeant Mphela who came just to collect him by car.

“Yes . So who was he with ? Who did he meet with ? Did you , Sergeant Mphela, and Sergeant Moraka all meet with Mr Mampane ? Sergeant Mphela came later . Myself and Sergeant Moraka were on bikes .”

The "invitation" was actually a gate pass code sent by Mr Motsumi to gain access to his estate.

“Yes , I was referring to the gate pass . So if you want , if I must clarify it as a gate pass rather than an invitation , I am happy to do that .”

Mr Motsumi sent gate pass codes to Sergeant Nkosi and others to access his estate, and on the day after the meeting, Mampane called twice and sent an image with instructions to buy an electric toothbrush linked to a gum problem.

“You call , Mr Mampane calls you twice , 941 . He calls you at 2 : 34 and then at 2 : 35 . And then at 2 : 38 , he sends you an image and he says : " Please buy the one with the toothbrush ."”

Sergeant Nkosi explained that the request for an electric toothbrush was due to a gum problem that Mr Mampane had.

“He said Imust pass there by Clicks because he is got a gum problem.”

Sergeant Nkosi received a message code from Mr Mampane that referred to a gate pass for the estate where Mr Mampane was staying, indicating he planned to take an electric toothbrush to Mr Mampane at the estate.

“Okay , code , I was referring to the gate pass as he is staying in the estate . Maybe , I do not know if I , I will be putting it right when I say , to rectify your statement when you say putting in , taking in the toothbrush to the estate as in my plan was to buy the toothbrush and take it to his estate .”

Sergeant Nkosi frequently meets Mr Mampane, though not so frequently to remember each meeting clearly.

“Mampane is someone that we regularly visit each other , so I do not ...”

Sergeant Nkosi and Sergeant Mphela's children attend the same school, and they often discuss school uniforms and class schedules together.

“Myself and Mphela , our children go to the same school together , one . Each time we usually discuss about the school uniform , the classes that they must attend after hours .”

Sergeant Nkosi receives cash payments from Mr Mampane intended to reimburse amounts for security services involving his brother's security company.

“He usually give me maybe cash , and you will give him . Cash ? Ja .”

Mr Mampane has paid Sergeant Nkosi money on occasions for the purpose of security escort services which Sergeant Nkosi facilitates through his brother's security company.

“Maybe they would want security escort or , yes , and then they would say , can you talk to your brother who owns a security company , and then he would be given that quote , and then he get this money . He give me money on those basis”

Sergeant Nkosi acts as the point of contact for communication when someone cannot get hold of his brother, who owns a security company called Ngaphesheya, also known as Bheki.

“I am the point of contact... he said hey man, I am looking for so-and-so, I cannot get hold of him, and we will find that by the time I am with him...”

Sergeant Nkosi is unsure whether payments for his brother's security services are made directly into his brother's bank account, and he does not know the bank account number.

“I do not know ... I am not sure about that, but that is my brother's business.”

Mr Mampane sometimes contacts Sergeant Nkosi instead of the security company to request quotations or pay for services, even though the company has its own staff and logistics.

“if he cannot get hold of your brother, he is able to call the other people in the business to get a quotation... he is a able to call the other people in the business ... So it is correct that Mr Mampane sometimes contacts Sergeant Nkosi rather than the business itself.”

Sergeant Nkosi is not a partner in his brother's security business but makes some calls and helps his brother open doors to opportunities as a supportive sibling.

“No, I am not a partner ... I do want what is best for him. I do knock on doors for him ... so I am only involved on those basis.”

Mr Mampane sometimes pays Sergeant Nkosi in cash to hold money intended for Sergeant Nkosi’s brother's security company, but does not pay Sergeant Nkosi for his own personal services.

“Mr Mampane sometimes gives you money that he wants you to pay onto your brother... does he ever give you money for yourself? For myself? No, for what? I don't think so.”

Sergeant Nkosi sometimes keeps cash payments from Mr Mampane for some time before giving the money to his brother, and his brother is aware of these cash holdings and debts.

“Sometimes I keep it until I give it to him ... your brother will ultimately know that you are holding R10,000 for him and if he wants it back he can ask you for it.”

Sergeant Nkosi does not always deposit the cash payments from Mr Mampane into his brother’s bank account, sometimes keeping the money in cash.

“No, I keep it cash sometimes ... I do not know it by heart, but I know it is called ABSA and FNB.”

A bank statement shows a payment of R12,500 from Mr Mampane to Sergeant Nkosi on 3 May 2024 with the reference "Firstrand Mampane."

“... on the 3rd of May 2024, there was a R12,500 payment to you with the reference 'Firstrand Mampane'.”

Sergeant Nkosi cannot remember what the R12,500 payment from Mr Mampane was for.

“I cannot remember.”

Sergeant Nkosi admits the R12,500 payment from Mr Mampane was for his brother's security services, but did not transfer the money to his brother's account, possibly paying back in cash from his own funds.

“It was ... I did not transfer it ... I might have had cash from me ... I might have not taken out R12,500 for my brother.”

Sergeant Nkosi obtains cash from side hustles including bike entertainment and team building events, such as matric dances and bike events.

“I get it from my side hustles on weekends ... it might be a matric dance, bike event ... sometimes I do team buildings.”

Sergeant Nkosi does not keep receipts or accounting records for the cash payments he receives to hold for his brother's business and admits there is no system of accounting or record keeping.

“No ... No ... May be he might or he does record them somewhere, but I am not aware of ... that is our record ... you have no record of any of that?”

R 385,000 cash found in Sergeant Nkosi's safe belonged to his brother and was held for only two or three days.

“your recall that there was cash found in your safe ... R 385,000.00 I think. It was not your money, it was your brother's money, cash. ... Two or three days.”

Sergeant Nkosi denied holding his brother's cash for months; he kept it only for two or three days and does not keep written records, only memory.

“Your version was that that cash had been in your safe for months. No, that is not correct. Two or three days. I keep it in my head.”

Sergeant Nkosi sent a list of bidders and their prices for Tshwane Municipal Police tender 3/2004 to Mr Mampane, who had applied for that tender.

“You sent Mr Mampane a long set of ... pages ... a list of bidders for a Tshwane Municipal Police Department tender, tender 3/2004 ... with their prices. ... I sent it to him because he had applied for that tender.”

Sergeant Nkosi acknowledged that the tender list, once captured, became a public document.

“I sent it to him after it was a public document, because once it is captured, then it becomes a public document.”

Elshadai Security Services and Ngaphesheya were two bidders for the tender; Ngaphesheya is Sergeant Nkosi's brother's company.

“The sixth name on that list is Elshadai Security Services. ... Is it not true that Elshadai and Ngaphesheya were the two bidders you, Mr Mnisi, and the Deputy Head of the TMPD, Mr Dlamini ... decided were going to win this tender? ... Ngaphesheya, his brother's company, Sergeant Nkosi's brother's company.”

Sergeant Nkosi denied that he, Mr Mnisi, and General Dlamini arranged for Ngaphesheya and Elshadai to be the winning bidders.

“No, that is not true.”

Sergeant Nkosi had communications with Mr Mnisi and General Dlamini regarding Ngaphesheya but not Elshadai.

“Did you have any communications with Mr Mnisi and undercover General Dlamini in relation to Ngaphesheya and Elshadai? ... Not Elshadai, but Ngaphesheya, ja.”

Sergeant Nkosi sent a chat message to Mr Mnisi referring to two vehicles for land being Ngaphesheya Security Services and Elshadai Security Services and sending blessings and love.

“A message from you to Mr Mnisi: 'Afternoon my brother... The two vehicles for land are Ngaphesheya Security Services, Elshadai Security Services. Have a blessed Sunday and lots of love.'”

Sergeant Nkosi approached General Dlamini, a father figure, to intervene and help his brother with a bid advertised in Tshwane.

“I approached General Dlamini ... to intervene, there is a bid that was advertised at Tshwane, can you help my brother?”

Sergeant Nkosi claims that General Dlamini was not directly or indirectly involved in the tender process and instead directed communication to a document expert via the witness's brother.

“He would then refer me or my brother, not exactly me but my brother, to someone who is a document expert when it comes to tenders.”

Sergeant Nkosi denies that General Dlamini was involved in arranging the tender prior to its closing.

“No, he had nothing to do with it.”

General Dlamini forwarded a message to Sergeant Nkosi about two vehicles for land and companies relating to a tender, which was then forwarded by Nkosi to Mr Mnisi for verification.

“...on the 9th of March, two days before you forwarded it to Mr Mnisi, he sends you that message.”

General Dlamini sent Sergeant Nkosi a list of seven companies associated with the Red Berets to check with Mfowethu (Mr Mnisi) to verify authenticity.

“After noon Captain... The above is from the Red Berets. Please check with Mfowethu...to verify the authenticity.”

Sergeant Nkosi denies that Mr Malema is referenced as 'CIC Juju' in the messages.

“No.”

Advocate Chaskalson asserts the list of companies was put forward by the EFF to General Dlamini who requested verification from Mr Mnisi with contact to Mr Malema to confirm representation.

“The EFF have put forward a list of seven companies to get this tender to General Dlamini and he wants Mr Mnisi to check that the people who claim to represent the EFF... should check that by contacting Mr Malema.”

Sergeant Nkosi explains General Dlamini sent him messages to forward to the CFO to verify companies supposedly representing the EFF, and asked Mr Mnisi to check with Mr Malema about the companies' authenticity.

“The General was sending me this message to send it to the CFO so that he must verify...”

Sergeant Nkosi admits forwarding messages from General Dlamini, including lists of companies and requests to verify with Mr Mfowethu (Mr Mnisi).

“What you then did is you forwarded those two messages to the CFO.”

The two companies initially given by General Dlamini for the tender were Ngaphesheya Security Services and Elshadai Security Services, which Sergeant Nkosi stated in a message to the CFO on 18 March.

“Ngaphesheya Security Services and Elshadai Security Services .”

Sergeant Nkosi denies agreeing that only the two companies named should get the tender, including his brother's company and Elshadai Security Services.

“I deny that.”

Sergeant Nkosi explains the message sent to the CFO on 18 March was to verify if the companies were compliant and related to the tender, sent by the General.

“My General sent it to me to send it to the CFO to verify if indeed those companies were compliant.”

Sergeant Nkosi denies that the brother's company was non-compliant as claimed by the CFO and General Dlamini.

“That is not true.”

According to the CFO and possibly General Dlamini, the brother's company had at least six manifestly non-compliant features, which were pointed out after the March 18 message was sent.

“Your brother's company was nowhere near compliant. It had at least six different manifestly non-compliant features, all of which were pointed out to you by the CFO, I think, or possibly by General Dlamini.”

Advocate Chaskalson summarises that General Dlamini gave two companies initially, then seven more companies supposedly from the Red Berets, that the CFO was to verify. The CFO then reported back about a meeting with Action SA and EFF where submitting five companies was considered an insult.

“General Dlamini gives you two companies who are the chosen vehicles for this tender... The CFO then says to you... I had a meeting with Action SA and EFF yesterday telling me to submit five is an insult and did not sit well with me.”

Sergeant Nkosi expressed frustration and mental block during the questioning, indicating emotional and mental fatigue.

“my voice has gone down because I am frustrated by the questions. My voice has gone down because my mind is blocked. I am tired, Commissioners. I am tired.”