Hearing day 107

Warrant Officer Boy Steve Phakula is a South African Police Service Warrant Officer attached to the National Investigation Unit at Francis Baart Street, Pretoria, with a service history beginning in 2002.

“I am an adult male Warrant Officer in the South African Police Service, attached to National Investigation Unit 231 Francis Baart Street, Pretoria. My background and service history. My history in the SAPS began in 2002.”

Warrant Officer Phakula joined SAPS as a student constable in the Client Service Centre at Alberton SAPS, then transferred to the Alberton Detective Branch in 2006 and Germiston Trio Task Team in 2008, investigating serious crimes.

“I joined the South African Police Service as a student constable working in the Client Service Centre at Alberton SAPS. In 2006, I was transferred to the Alberton Detective Branch, where I performed my duties as a Detective investigating serious and violent crimes. In 2008, I joined Germiston Trio Task Team, responsible for all the investigations relating to house robberies, business robbery, and hijacking cases within the Germiston cluster.”

Warrant Officer Phakula transferred to Gauteng Provincial Investigation Unit in 2011, promoted to sergeant, investigating serious crimes such as truck hijacking, house robberies, business robberies, car hijackings in Gauteng Province.

“I was transferred to the Gauteng Provincial Investigation Unit in 2011. This is the very same year I was promoted to the rank of a Sergeant. My duties were to investigate crimes such as truck hijacking, house robberies, business robberies, car hijackings, and other serious and violent crimes within the Gauteng Province.”

In 2013, Phakula transferred to National Investigation Unit at Head Office Pretoria focusing on high-profile cases determined by top police and political leadership.

“In 2013, I was transferred to the National Investigation Unit at Head Office in Pretoria. My duties included investigation at national level of blue light robberies, airport following robberies, head office enquiry files, and high-profile cases as determined by the Minister of Police, the Deputy Minister of Police, the National Commissioner, the Deputy National Commissioner, and the Divisional Commissioner, and the political leaders.”

In 2015, Phakula was promoted to Warrant Officer at Cross-Border Operations, dealing with joint cross-border and disruptive operations in the Southern African Regional Police Chiefs Cooperation Organisation (SARPCCO), investigating stolen firearms, motor vehicles, drugs, cybercrime, and other cross-border crimes.

“In 2015, I was promoted to a rank of a Warrant Officer at Cross-Border Operations. My duties included the execution of joint cross-border operations, bilateral and internal disruptive operations within the SARPCCO, Southern African Regional Police Chiefs Cooperation Organisation region, investigate enquiries or documents regarding stolen and/or illegal firearms, the theft of motor vehicles, drugs, cybercrimes, and other cross-border related crimes.”

Since 2019, Phakula has been stationed at National Investigation Unit, Detective Service Head Office in Pretoria where he currently serves.

“In 2019, I was transferred back to the National Investigation Unit, Detective Service Head Office in Pretoria, where I am still stationed till today.”

Phakula obtained a higher certificate in forensic investigation from University of Western Cape in 2014 and completed a national diploma in Law from University of South Africa in 2020.

“At tertiary studies, I obtained a higher certificate in forensic investigation from the University of Western Cape in 2014. I completed a national diploma in Law from the University of South Africa in 2020.”

Warrant Officer Phakula has investigated drugs cases but was not involved in drug busts as large as the one at Aeroton on 9 July 2021.

“Yes, I can say I investigated drugs cases, but however, I was not involved in the drug busts as big as the one that I was involved in.”

The witness was working with Warrant Officer Magane on 9 July 2021 to arrest suspects involved with drugs in the Alberton area, with information suggesting the suspects might be going to the receiver of the cargo in Aeroton where a container was being opened.

“On that particular day, the 9 July 2021, Warrant Officer Magane informed me that he was following up upon information about the drugs and that he needed backup...they were in Aeroton and had opened the container already. He said there were black bags falling out of the container.”

Upon receiving the information about the drugs container opening, the witness contacted Colonel Sephungu for permission to assist, which was granted, and then arranged for Captain Medupi to assist as well.

“I immediately contacted Colonel Sephungu and informed him there is a member from Crime Intelligence who needs assistance on information about drugs which were found in a container and I asked for permission to go assist, and it was granted...I contacted Captain Medupi who was on the same rotation group as mine...Captain Medupi agreed to come and assist.”

Colonel Sephungu informed the witness to get another member to assist and Captain Medupi was briefed and agreed to assist at Alberton, as initially agreed with Warrant Officer Magane to bring the truck and driver to Alberton for detention since the crime scenes started there.

“Colonel Sephungu informed me that I should get another member to assist me...Captain Medupi agreed to come and assist...Initially agreed with Warrant Officer Magane that they will be bringing the truck and driver to Alberton for detention as the place where the crime scenes started.”

The witness was driving a state motor vehicle with registration CJ 01 SPGP, a Kia Cerato, to assist Warrant Officer Magane at Alberton.

“I was driving a state motor vehicle with registration number CJ 01 SPGP, the Kia Cerato.”

Agreement was confirmed that the witness would meet Warrant Officer Magane at Alberton and that the consignment and driver would also be brought there.

“The agreement was that you will meet him at Alberton...And the further understanding was that he will bring the consignment and the driver to Alberton.”

Lieutenant Colonel Mangena works at Silverton Ballistics Section and was contacted for contact numbers of forensic members for the drug section, but he initially did not have the numbers and promised to get back.

“I phoned Lieutenant Colonel Mangena, who works at Silverton Ballistics Section and requested a standby cell phone number of forensic members for the drug section. Lieutenant Colonel Mangena told me he does not have the number. However, he will get back to me.”

Lieutenant Colonel Mangena contacted Colonel Moripe at the Drug Section who said members no longer go to crime scenes to collect drugs but must package and send them to laboratory for analysis.

“Lieutenant Colonel Mangena phoned me and told me that he spoke to Colonel Moripe at the Drug Section, and he, Colonel Moripe, said they are no longer sending members to the crime scenes. Members must package the drugs and send them to the laboratory for analysis.”

The forensic unit referenced by Lieutenant Colonel Mangena is the Forensic Science Laboratory (FSL).

“Yes, it is under forensic, yes, Forensic Science Laboratory.”

After arriving at Alberton SAPS, the witness phoned Warrant Officer Magane to enquire how far they were and was told to drive through to assist in Aeroton, receiving a WhatsApp location of Omni Park Business Park.

“After spending about 15 minutes at Alberton SAPS waiting, I phoned Warrant Officer Magane to enquire how far are they, and he said I should rather drive through to assist in Aeroton. I requested him to share his location, and he sent a WhatsApp message with the name of the premises they were at, Omni Park Business Park.”

Warrant Officer Magane was no longer coming to Alberton SAPS, so the witness contacted Sergeants Phakula and Sape who were on duty at the Dog Unit provincially to inform them of the scene and anticipated location.

“Warrant Officer Magane was no longer coming to Alberton SAPS, I also contacted Sergeant Phakula and Sergeant Sape, who were on duty at the Dog Unit posted provincially...I informed them about the scene and that I was still on my way, and that I will send them the location once I am at the scene.”

Sergeant Phakula, who is the witness's brother and works at K9 unit in Silverton, informed the witness that the information was similar to that provided by Lieutenant Colonel Maluleke of the National Head Office South African Narcotics Enforcement Bureau (SANEB).

“Sergeant Phakula informed me that this information is similar to that of Lieutenant Colonel Maluleke of National Head Office South African Narcotics Enforcement Bureau, SANEB.”

Lieutenant Colonel Maluleke was expecting a drug shipment from Durban in a container on 9 July 2021 and was called to the scene by Sergeant Phakula.

“Lieutenant Colonel Maluleke was expecting a drug from Durban with drugs in a container...I informed Sergeant Phakula to call Lieutenant Colonel Maluleke to the scene as well.”

Upon arrival at the scene, the witness found a marked Booysens SAPS patrol van parked in front of Warrant Officer Magane's black Nissan NP300 vehicle, and the witness parked on the left side of the Booysens van.

“Upon my arrival at the scene, I found a marked Booysens SAPS patrol van parked in front of Warrant Officer Magane's State black Nissan NP300 facing each other. I then parked on the left side of the Booysens van.”

When the witness first met Chief Mashaba in 2018 at Winnie Mandela's funeral, they only exchanged greetings; and that was the only contact prior to the 9 July 2021 events. On 9 July 2021, Chief Mashaba was at the scene with Warrant Officer Magane.

“I first met Chief Mashaba at the funeral of Mama Winnie Mandela in Orlando West in 2018...When I saw Chief Mashaba at the scene, I then concluded he was together with Warrant Officer Magane.”

Warrant Officer Magane received a call from Chief Mashaba about the drugs container; Chief Mashaba had received the information from his informer. They first went to Roodekop at Yellow Jersey Logistics, found the container, then escorted it to Aeroton for an expected client.

“I was informed by Warrant Officer Magane that he received a call from Chief Mashaba about a container with drugs and Chief Mashaba received the information from Chief Mashaba's informer. They first went to Roodekop at Yellow Jersey Logistics and found the container there and then they escorted it to Aeroton so the client was expecting the order.”

Four Scania truck caps inside the container were subsequently removed by forklift.

“the four Scania truck caps that were inside the container were subsequently removed by use of a forklift”

Drugs on the back of the bakkie fell from the container and were assisted by Scania employees who loaded those bags onto the back of the bakkie to preserve them, allowing space for the truck to reverse to the loading bay for forklift removal of truck caps inside the container.

“the drugs on the back of the bakkie fell from the container and they were assisted by Scania employees who loaded those bags onto the back of the bakkie to preserve them . Also , allowing space for the truck to further reverse to the loading bay in order to allow a forklift to easily remove the truck caps inside the container”

The driver of the truck was already under arrest and was told to stand next to the truck by Chief Mashaba.

“Chief Mashaba who told me the driver is already under arrest and he was told to stand next to the truck”

Jolene Koekemoer Wentzel was introduced as a team leader at Freitan, was placed under arrest, and was interviewed regarding her role in placing orders in Brazil and transport logistics including container allocations.

“I interviewed the lady by the name Jolene Koekemoer Wentzel by first introducing myself to her . Jolene also introduced herself and her position as a team leader at Freitan . She was shaken and also confirmed to me that she was placed under arrest . I asked Jolene to explain her role in placing orders in Brazil and the arrangements of transport logistics including how the container sale numbers are allocated .”

Two other people who were receivers of the cargo were placed under arrest by Chief Mashaba.

“Chief Mashaba also told me he placed two other people who were receivers of the cargo under arrest”

The crime scene was still under investigation with witnesses being interviewed and suspects under arrest, exhibits were secured in original form, and the Dog Unit and photographers were summoned for scene management in line with SAPS National Instruction 1 of 2015.

“The crime scene was still under investigation as witnesses were interviewed and suspects under arrest . The Dog Unit was summoned , as well as the photographer . It is also worth noting that the primary responsibility of the first responding police member is to safeguard the crime scene until the arrival of crime scene examiners from Local Criminal Records Centre and the Investigating Officer . I can also confirm that the scene was handled in line with the SAPS National Instruction 1 of 2015 which states that crime scene management involves the process of planning and implementation of measures to take control and secure the crime scene ...”

Police vehicles and security personnel from Business Park and Scania arrived at the scene and asked questions, which was a distraction.

“a lot of police vehicles started driving in . There were also security personnel from Business Park and Scania who came and they were walking and asking questions where we came from . Due to the number of police vehicles that were coming in , I kept on being distracted by people passing by towards the police van”

Members from Booysens SAPS cordoned off the scene and pulled the scene tape behind the Booysens police van as instructed.

“I also requested Warrant Officer Magane and members of Booysens SAPS to cordon off the scene ... Members from Booysens brought the scene tape from their patrol van and I saw them together with Warrant Officer Magane pulling the tape behind the Booysens police van”

Police members who arrived in uniform did not inquire about the situation but stood with Scania employees and gave instructions themselves, which was improper conduct.

“Instead of coming to us and enquire what was happening , those members went and stood with employees of Scania . I requested Jolene to make copies of the way bill . ... a certain gentleman came and instructed the two Booysens police members to write their statements as he was now taking over the scene . I asked the gentleman who he was and that he should introduce himself as he already knew who I was . That member did not want to give his name and I told him that is not procedural to walk in a crime scene and start giving instructions . He said he is not going to listen to me and that General Khan was on his way”

Warrant Officer Rikhotso from DPCI arrived, questioned the delay in registering an inquiry, and insisted immediate action was necessary based on information received that morning.

“I was later informed that the name of the gentleman was Warrant Officer Rikhotso from DPCI . Warrant Officer Rikhotso further asked if I had an enquiry registered for that operation and I told him there was no time to first drive to Pretoria to register an enquiry and then drive back to the scene as the delay would have defeated the purpose . The information was received that same morning and I had to act on information first.”

Sergeant Masoma possessed an inquiry file and a message from his former about a container from Durban indicating the container with trucks was leaving Durban Harbour to Gauteng and that Masoma must be ready on standby on 8 July 2021.

“Sergeant Masoma was in possession of an enquiry file and he also showed me a message on his phone between him and his informer talking about the container from Durban . I remember the message on Sergeant Masoma 's cellphone was received on a Thursday , the 8th of July 2021 and it read that the container with the consignment of trucks will be leaving the Durban Harbour to Gauteng and that Sergeant Masoma must be on standby .”

Major General Khan wanted to know who the driver of the black Nissan NP300 was and instructed Warrant Officer Magane to sit in the third vehicle.

“Major General Khan wanted to know who the driver of the black Nissan NP300 was and he instructed Warrant Officer Magane to go and sit in the third vehicle .”

The driver of the truck was handed to Captain Medupi to be placed under arrest and was cuffed with cable ties later because initially he was to drive the truck to the SAP 13 pound.

“I fetched the driver of the truck , who was already standing on the side of the truck . I then brought him back and handed him to Captain Medupi to place him under arrest as I was busy trying to manage the scene . Captain Medupi cuffed him with cable ties . The reason the truck driver was not cuffed earlier was that he was going to drive the truck to the SAP 13 pound .”

Major General Khan arrived on the scene, asked if the speaker's commander was aware of the location, and after getting confirmation, requested the commander's number and confirmed the speaker's version was correct but some details did not add up.

“Major General Khan 's arrival on the scene . Within minutes Major General Khan indeed arrived . I approached him and introduced myself to him . He asked me if my Commander was aware of my whereabouts and I said yes . He requested my Commander 's number and I gave him contact numbers of Colonel Sephungu . After a few minutes , he came back and said he got hold of my Commander and he confirmed my version , but something does not add up .”

Lieutenant Colonel Maluleke demanded Warrant Officer Magane to prepare a statement or face arrest.

“Colonel Maluleke then left us, and after a while he returned to where I was standing and told me to prepare my statement, otherwise I will be placed under arrest.”

Captain Sebola arrested Warrant Officer Magane without proper explanation of the charge.

“Captain Sebola was one of the last officers to arrive at the scene, however he arrested us without a proper explanation of what we were arrested for.”

Lieutenant Colonel Maluleke was made to leave the scene of the incident with the drug exhibits and suspects.

“Lieutenant Colonel Maluleke, who had an enquiry file, was made to leave the scene.”

During the incident at Booysens, members of the public and SAPS interfered, defeating the ends of justice and obstructing a police officer.

“There was interference from members of the public and SAPS members. This amounted to defeating the ends of justice, as well as obstructing a police officer from performing his lawful duties.”

Warrant Officer Phakula attempted to remove duplicate seals from the scene for photographing but was stopped by Sergeant Ludick.

“My concern, Warrant Officer, is when you then attempted to remove what they call the duplicate seal and then that is when you are stopped by, I Sergeant Ludick. Can you explain that a bit more?”

The scene was already contaminated before Warrant Officer Phakula arrived, as conceded by Warrant Officer Magane.

“But as he, Magane, conceded, the scene was already contaminated.”

The drugs were already removed from the scene and placed in the back of a black bakkie, contaminating the crime scene further.

“Yes. Unfortunately, the drugs were already removed and in the back of the bakkie. So, I was not going to instruct them to place it back as to where, otherwise we were going to further contaminate the scene.”

Warrant Officer Phakula was taking seals to Major General Khana to have them photographed for forensic purposes.

“No, I was innocently taking those seals to – remember, I left the photographer with Major General Khan. So, I was taking those seals to her to take photos of those seals, and obviously she was supposed to take them further to Forensic.”

Warrant Officer Phakula was not wearing gloves when handling the exhibit seals at the contaminated scene.

“No, I was not.”

When General Khan arrived at the scene, the situation was described by Warrant Officer Phakula as under control because exhibits were safely in the back of a bakkie and testimony was continuing.

“when General Khan arrived, the scene and the situation was under control”

Warrant Officer Phakula accepted that a crime scene can already be contaminated and no one should contaminate it further.

“you accept that the fact that a scene is already contaminated is by no means a licence for anyone to contaminate”

Warrant Officer Phakula stated that while writing the statement, many people started coming into the scene which caused confusion.

“while I was busy writing the statement, a lot of people started coming in”

Warrant Officer Phakula noted the awkwardness of someone unknown wearing civilian clothes coming to the scene and giving instructions without being introduced.

“somebody just comes and starts giving instructions and you have never seen him before”

Captain Rikhotso approached Warrant Officer Phakula and tried to take charge of the scene, giving instructions to two Booysen police officers to give statements, despite Warrant Officer Phakula being the crime scene manager at the time.

“Captain Rikhotso ... came in and start giving instructions to the two Booysen police officers to give him statements ... I was still the crime scene manager”

Warrant Officer Phakula stated that others involved included Captain Rikhotso and Lieutenant Colonel Maluleke, the latter being the person he planned to eventually hand over the scene to.

“I was planning to hand over the scene to Lieutenant Colonel Maluleke”

General Khan instructed Warrant Officer Phakula to ‘stand back’, meaning he must stop being active at the scene and hand over exhibits to the photographer.

“I must stand back”

Warrant Officer Phakula understood General Khan’s instruction to stand back as meaning to stop being active on the scene and hand over exhibits to the photographer.

“I understood that I must stop now being active on the scene”

Warrant Officer Phakula pointed out questionable actions by others involved and implied that the Directorate for Priority Crime Investigation (DPCI) could have investigated the case better given their experience and resources.

“there are a lot of things ... questionable ... if they wanted to... investigate this case, I believe they could have done it better ... I refer to the DPCI”

Warrant Officer Phakula described the crime scene as chaotic due to multiple people trying to take over the crime scene, sometimes by trying to get others arrested or intimated.

“we were being managed... people wanted to take over the crime scene and the only way for them to take control was to get us arrested or intimidate us”

Warrant Officer Phakula highlighted three questionable issues: it was easier for others to get CCTV footage, the Dog Unit was not used to assist the investigation, and the driver was released which affected the investigation.

“One ... it was easier for them to get the CCTV footage ... The Dog Unit ... could have used it... And also the release of the driver, most importantly the driver. Those are three that I can point at”

According to the evidence, initial false information was given about bogus police trying to hijack a truck and later drugs were discovered, prompting Warrant Officer Phakula’s involvement despite limited experience in huge drug busts.

“initial call was made ... bogus police who are trying to hijack a truck ... later drugs discovered ... you are called ... you are not particularly experienced in huge drug busts”

The arrival of police SAPS bakkie seemed to have stopped the original intention by Mr Magane to move the truck or consignment to Alberton, causing confusion with police labeled as ‘dirty cops’ by General Khan.

“their arrivals stopped the original intention by Mr Magane to have the truck... moved to Alberton... some of you guys were labeled dirty cops... called a dirty police by General Khan”

Warrant Officer Phakula described being called in to assist managing the already loaded scene which had exhibits loaded on the bakkie and him continuing management there.

“I was called in to come and assist in managing the crime scene... exhibits loaded on to the bakkie... I had to continue managing from where the exhibits were now”

Warrant Officer Phakula considered his role at the crime scene as an honest opportunity to prevent drugs being stolen and continue with investigation and arresting suspects.

“it was an honest opportunity for me to prevent the drugs from being taken, from being stolen and continue to investigate the crime scene, arrest the suspects”

Warrant Officer Phakula had charge of the crime scene for less than 30 minutes before being disrupted by officer arrivals and people going to the bakkie.

“I can say less than 30 minutes ... a lot of police officers started coming in and going to the bakkie”

Warrant Officer Phakula tried to manage the scene to the best of his ability but was disturbed by many people coming into the scene making it impossible to control.

“I tried to do that at the best of my ability ... a lot of people started coming into the scene and we could not do anything”

On 11 July 2021, Warrant Officer Phakula and others were charged and their warning statements were taken by the DPCI Investigation Team led by Captain Sebola; they requested their warning statements be written down and advised obtaining a video of the crime scene and a section 205 application to verify their version.

“On the 11 July 2021 ... warnings statements were taken by the DPCI Investigation Team led by Captain Sebola ... requested that our warning statements be written down ... I also advised Captain Sebola to obtain a video of the crime scene, as well as to do section 205 application to verify our version”

Mr Venter, the attorney, informed Warrant Officer Phakula he was going to be released after Colonel Sephungu's statement was submitted.

“Our attorney, Mr Venter, informed me that I was going to be released as the Senior Public Prosecutor requested the statement from Captain Sephungu and he gave it to them, confirming my version.”

Warrant Officer Phakula did not have video footage of the crime scene.

“Warrant Officer Phakula: No.”

Senior Public Prosecutor requested a statement from Captain Sephungu which confirmed the witness's version, leading to the witness being released.

“Senior Public Prosecutor requested the statement from Captain Sephungu and he gave it to them, confirming my version.”

Colonel Steyn instructed Colonel Sebola to take a statement from Colonel Sephungu at the crime scene.

“Colonel Steyn, Commissioner, that that he instructed Colonel Sebola to take a statement of Colonel Sephungu at the crime scene.”

Section 205 deals with cellphone records, and the 205 application should assist in mapping out communications between arrested people and place officers on the crime scene.

“That is correct.”

The 205 application and video footage are needed as soon as possible because footage expires after seven days and is crucial for proving what happened at the crime scene.

“The reason why you need to get this thing, this section 205 and video footage as soon as possible, is that some get - I am looking for a better word, but they disappear, like they expire, especially video footage. Maybe you find out it takes seven days. Then after seven days, you cannot get that footage again.”

Major General Kadwa and Deputy Director of Public Prosecutions Advocate Mlotshwa held a meeting with a Senior Public Prosecutor Mr Tusi during lunch and the decision to release Warrant Officer Phakula was overturned.

“...while on lunch, the Head of Gauteng DPCI, Major General Kadwa, together with Deputy Director of Public Prosecutions, Advocate Mlotshwa, he held a meeting with a Senior Public Prosecutor, Mr Tusi, and the decision to release me was overturned.”

Warrant Officer Phakula was informed he was the one to be released after Colonel Sephungu's statement was submitted.

“I understood it was me because it was after Colonel Sephungu's statement was submitted.”

Colonel Sephungu authorized Warrant Officer Phakula to attend the crime scene after a phone call.

“He confirmed that I gave him a call and he gave me permission to attend the crime scene.”

While at Sun City prison, the DPCI Investigation Team led by Captain Sebola visited Warrant Officer Phakula and told him they were instructed to come see him because he had something to tell them.

“While at Sun City prison, I was called by the Prison Warden to inform me that I have a visitor and that I must come to the visiting area. To my surprise, the visitors were the DPCI Investigation Team of about six members led by Captain Sebola. They then told me they were instructed to come see me as they were told I had something to tell them.”

Major General Khan wanted to meet with Warrant Officer Phakula, who initially refused but later agreed after being contacted again by Warrant Officer Heyns.

“While on bail, I received a call from former Warrant Officer Heyns, who told me Major General Khan wants to see me. I refuse to meet with Major General Khan. A week or two weeks later, Warrant Officer Heyns called again and said Major General Khan wants to meet with me, and this time I agreed and asked him to send me Major General Khan's contact.”

While in prison, Brigadier Mbele served Warrant Officer Phakula with a SAPS section 43 notice of suspension without pay.

“While still in prison, I was visited by Brigadier Mbele, who came to serve me with SAPS section-43 notice of suspension. This deals with suspension without pay of SAPS members while in detention or in prison.”

Captain Sebola opposed bail on 21 July 2021 and witness statements including those of Colonel Sephungu were submitted to prove innocence, resulting in bail being granted the same day.

“On the 21st of July 2021, Captain Sebola came to oppose bail and we submitted our witness statements of Colonel Sephungu, Lieutenant Colonel Mangena, Captain Medupi, Warrant Officer Magane, Warrant Officer Phokungwana, Warrant Officer Chidi, Sergeant Phakula, Sergeant Sapean and Sergeant Maja as exhibits to prove our innocence. We were granted bail on the same day.”

Warrant Officer Magane was incorrectly mentioned as a witness and should be excluded.

“I must mention, Commissioners, Warrant Officer Magane was not supposed to be part of the witnesses that I am mentioning here. If you can scratch it?”

Warrant Officer Phakula inquired with Human Resource Management Office Detective Service to confirm if he should report for duty after being granted bail and was told he was already on suspension.

“I called the Human Resource Management Office Detective Service to enquire if I should report for duty after being granted bail. APP Mulder said I should not as I was already on suspension.”

Major General Khan came to meet Warrant Officer Phakula, sympathized with him about his arrest, and requested information about who had informed the former that they were arrested with them.

“I waited for him, and then I saw him, Major General Khan, driving in his greyish VW Golf 7. ... Major General Khan sympathised with me and explained he still did not understand why I was arrested ... He further wanted to know who did the former that was arrested with us get the information.”

Major General Khan promised to draft a statement for Warrant Officer Phakula for a disciplinary hearing but never submitted it.

“He promised he would draft it and give it to me before my hearing, which was on Friday the 18th of September 2021. We parted and I promised I will avail the former to him for an interview. He never submitted his statement as per his promise.”

Major General Khan confirmed he spoke to Colonel Sephungu that day and that Colonel Sephungu gave Warrant Officer Phakula permission to attend to the matter involving drugs.

“Major General Khan confirmed that he spoke with Colonel Sephungu on that day and he, Colonel Sephungu, confirmed that I called and informed him about the drugs and he gave me permission to attend to the matter.”

Warrant Officer Phakula received a notice to appear at an expedited disciplinary hearing dated 8 September 2021 but was never served with a notice of investigation as per regulations.

“I received a phone call from Lieutenant Colonel Mashego ... he gave me the notice to appear for my disciplinary hearing, which was dated the 8 September 2021 at Stock Theft Boardroom. I was never served with a notice of investigation as per the Regulations.”

Warrant Officer Phakula was charged with defeating the ends of justice and possession of drugs, and his hearing was chaired by Brigadier Kgopoditha, before he was dismissed from SAPS on 20 September 2021.

“I was charged with defeating the ends of justice and possession of drugs. The Chairperson of the hearing was Brigadier Kgopoditha ... On Monday, the 20th of September 2021, I was dismissed from the SAPS.”

At the crime scene, higher ranking officers unrelated to the incident interfered by arresting Warrant Officer Phakula and colleagues, diverting attention from the real perpetrators and tampering with exhibits believed stolen.

“... higher ranking police officer unrelated to the incident ... played a huge role in arresting us, releasing the suspects ... and further tampered with exhibits which we believe were stolen ... The only way for them to take control ... was to arrest us . In that way, they could divert their attention to the arrested police officers and let the real perpetrators free.”

Warrant Officer Phakula and others opened a case against Major General Khan and members of DPCI for defeating the ends of justice and theft of drugs, investigated by IPID.

“We opened a case against Major General Khan and the members of the DPCI ... We opened a case of defeating the ends of justice and the theft of drugs. The case was investigated by IPID.”

There were discrepancies in forensic bag numbers between exhibits booked at Booysens SAPS and those received at forensic, some bags arrived late and information about the chain of custody was deliberately concealed.

“I then noticed that the forensic bag numbers of exhibits that were received at Forensic were different from those that were initially booked at the Booysens SAPS ... one brick with a new forensic bag number was only received at Forensic on the 10th of August 2021 ... that information was deliberately concealed from us.”

Warrant Officer Phakula and others were charged with possession of drugs, drug trafficking, fraud and defeating the ends of justice in an indictment signed by Deputy Director of Public Prosecutions Advocate J Drotsky and appeared at Booysens Court in April 2022.

“We were charged with possession of drugs and drug trafficking, fraud and defeating the ends of justice ... indictment was signed by ... Advocate J Drotsky ... appeared at Booysens Court ... on the 22nd of April 2022.”

Warrant Officer Phakula's legal representations were unsuccessful, and an appeal was submitted around July 2022 to the Deputy National Director of Public Prosecutions Advocate Rodney De Kock.

“Our representations were unsuccessful and declined. We then instructed Mr Eksteen to appeal that decision ... Around July 2022, Mr Johan Eksteen submitted our appeal to Advocate Rodney De Kock ... While still waiting for the outcome, I was informed during consultation that the prosecution requested CCTV footage from the Investigating Team which would assist in proving what happened at the crime scene.”

Advocate Drotsky declined to prosecute General Khan and members of DPCI, decision upheld by Advocate Chauke.

“The Booysens CAS 252/10/2021 was submitted to Gauteng Local DPP for decision. The decision was taken by Advocate Drotsky, declining to prosecute General Khan and the members of DPCI. We then decided to appeal the decision and wrote to the Director of Public Prosecutions, Advocate Chauke, who also agreed with the decision by Advocate Drotsky.”

Our case was provisionally withdrawn on 12 October 2022 pending the appeal at NDPR, with Advocate Rodney De Kock agreeing with the recommendation not to pursue prosecution.

“Our case was provisionally withdrawn on the 12th of October 2022, pending the outcome of the appeal at NDPR. On the 29th of January 2024, Advocate Rodney De Kock wrote... stating that he agrees with the recommendations of the Director of Public Prosecutions, Gauteng Local Division, Johannesburg, not to pursue the prosecution.”

The witness successfully won an appeal to be reinstated into SAPS, with reinstatement terms equal to before dismissal, but only reported for duty months later in April 2024.

“My reinstatement into SAPS. In November 2023, I successfully won my appeal to be reinstated in the SAPS. The awards stated that I should be reinstated with the same terms and conditions as before my dismissal. I, however, reported for duty on 16th April 2024.”

Senior members were still trying to appeal the reinstatement decision, causing delays in implementing the award to reinstate the witness.

“I was also concerned with the amount of time that it took for the SAPS to finally implement the award that I should be reinstated. And it became clear at a later stage that some of these senior members were still trying to appeal the decision for my reinstatement in the SAPS.”

Major General Khan was cleared of all charges by the Chairperson Lieutenant General Mkhwanazi, despite negative media attacks on the Chairperson and witnesses.

“General Khan was eventually cleared of all charges by the Chairperson. It came as no surprise to me as days leading to this hearing, the Chairperson of the disciplinary hearing, Lieutenant General Mkhwanazi, as well as the witnesses came under negative media attack.”

Around September 2024, the witness was shortlisted but their post-promotion at NINU was not announced without explanation, coinciding with General Khan's disciplinary hearing.

“Around September 2024, I was shortlisted for a post-promotion at NINU, which is National Investigation Unit... When other post-successful candidates were announced, my post was not announced. No reasons were given. Major General Khan's disciplinary hearing.”

Major General Khan instructed the arrest of Tumelo Nku, instructed Warrant Officer Magane to sit in the car and prevented Dog Unit from performing duties at the scene.

“Major General Khan gave instructions for the arrest of Tumelo Nku. He gave instructions to Warrant Officer Magane to sit in the car and not to get out. He prevented Dog Unit from performing their duties at the scene.”

Major General Khan disarmed Chief Mashaba and Lieutenant Colonel Maluleka saw a whimpering driver under arrest walking away from the crime scene.

“He disarmed Chief Mashaba. Lieutenant Colonel Maluleka saw a whimpering walking with the driver away from the crime scene, the driver who was placed under arrest.”

General Khan gave misleading statements about a meeting request and the whereabouts of the witness on 9 July 2021, which may have influenced the Chairperson's decision.

“Major General Khan said that I insisted on meeting him and that Colonel Sephungu said to him when he enquired whether Colonel Sephungu knew where I was on 9 July 2021 and Colonel Sephungu responded by saying he did not know my whereabouts. These were all misleading statements that might have influenced the decision of the Chairperson.”

The witness applied for the detective service post promotion at NINU in August 2024 and was recommended despite pending case information, with promotion approved effective March 2025.

“I applied for the detective service post promotion for post 3557 at National Investigation Unit on 30 August 2024... I was recommended for promotion to post 3557... Despite this information, my promotion was subsequently approved with effect from 1 March 2025 as per the letter signed by Lieutenant General Nkhuo.”

Witness informed Lieutenant General Sibiya the case was withdrawn in court on 8 October 2022 with no pending case against them.

“I told General Sibiya that the case was withdrawn in court on 8 October 2022 and that there is no pending case against me and I have no case to answer.”

Major General Motsepe wrote an email seeking legal opinion about the witness's post-promotion and attached a disciplinary hearing letter from Major General Khan.

“Major General Motsepe wrote an email to Legal Services... In her email, she attached the letter that was produced by Major General Khan at his disciplinary hearing... The letter from DPP Gauteng Local Johannesburg that stated the case against us will be enrolled soon.”

On 12 May 2025 Brigadier Ramangwatha told the witness that Deputy National Commissioner Lieutenant General Sibiya wants to see them and showed a letter from DPP Gauteng Local regarding the case status.

“On 12 May 2025, I was told by Brigadier Ramangwatha that the Deputy National Commissioner, Lieutenant General Sibiya, wants to see me. I met with General Sibiya. He told me that he is in possession of the email that was written by Major General Motsepe seeking legal opinion regarding my post promotion... Lieutenant General Sibiya further showed me a letter from DPP Gauteng Local, which was attached to the email and asked what is happening with that case.”

Witness registered a grievance advised by South African Police Union representative, later referred to Safety and Security Sectoral Bargaining Council as case PSS 304/25/26.

“I was advised by my South African Police Union representative, PM Hlongwane, that I should register a grievance, which I did. It was later referred to the Safety and Security Sectoral Bargaining Council as per case reference PSS 304/25/26.”

Lieutenant General Sibiya sympathised with the witness and understood their treatment upon return to SAPS.

“Lieutenant General Sibiya further sympathised with me as he stated that he also went through the same treatment upon his return to the SAPS and that he understands exactly how I feel.”

Lieutenant General Senthumule said any member from the rank of Colonel can sign the speaker's post-acceptance certificate, but Colonel Jansen Van Vuuren refused to sign unless instructed by the Divisional Commissioner, leading the speaker to instruct Bessinger Attorneys to take the matter to CCMA.

“Lieutenant General Senthumule said any member from the rank of a Colonel can sign my post-acceptance certificate. On 27 June 2025, I approached Colonel Jansen Van Vuuren, who told me he will not sign my post-acceptance certificate unless the Divisional Commissioner instructs him to do so. I approached Bessinger Attorneys and instructed them to take this matter to CCMA.”

On 12 September 2025, Major General Khan came to testify against the speaker's promotion at the CCMA hearing, leading the speaker's attorney to advise withdrawing the case to allow the employer to decide on suitability.

“Upon the said day, I was surprised to see Major General Khan in the witness area. He came to testify against my promotion. I was advised by my attorney, Mr Bessinger, to withdraw the case in order to allow the employer to decide on my suitability to be promoted.”

The speaker's case concerning the post-acceptance certificate was set down for conciliation and arbitration at CCMA for 8 September 2025 and was remanded to 12 September 2025.

“Our case was set down for 8 September 2025 for conciliation and arbitration with reference number JTW1W209/25. The matter was remanded to 12 September 2025.”

On 3 October 2025, Brigadier Cronje called the speaker to sign another post-acceptance certificate but also recommended that the speaker was not a suitable candidate for promotion based on the Booysen CAS 98/7/2021 case.

“On 3 October 2025, I was called by Brigadier Cronje to sign another post-acceptance certificate. I signed and Brigadier Cronje also signed and recommended that I was not the suitable candidate again, referring to the Booysen CAS 98/7/2021 as the reason why I should not be promoted.”

On 11 November 2025, Acting Divisional Commissioner Major General Mogale confirmed the speaker's post-promotion by signing the post-acceptance certificate, but the speaker has not yet been promoted for more than four months and no reasons or explanations are given, believed to be unfair treatment due to arrest in the Booysen CAS 98/7/2021 case and unfair dismissal from SAPS for the same case.

“On 11 November 2025, the Acting Divisional Commissioner, Major General Mogale, confirmed my post-promotion by signing the post-acceptance certificate. It has been more than four months. I am not yet promoted. No reasons, no explanation is given. I believe I am unfairly treated due to my arrest in Booysen CAS 98/7/2021. I was unfairly dismissed from the SAPS for the same case.”

The speaker explained to Brigadier Cronje that the Booysen case was finalized and that there was no open case against the speaker.

“I explained to Brigadier Cronje that the case is finalised and that I have no open case against me.”

Only after Colonel Nkosi sent an email to Brigadier Kwayibaan and Lt Colonel Chauke on 10 June 2024 regarding the speaker's reporting to National Investigation Unit Serious and Violent Crimes Component was the speaker told to report there.

“It was only after Colonel Nkosi, the Staff Officer of Lieutenant General Senthumule, sent an email to Brigadier Kwayibaan and Lieutenant Colonel Chauke on the 10th of June 2024 that I was told to report at National Investigation Unit Serious and Violent Crimes Component.”

After winning a case at SSSBC, the speaker reported for duty and was told by Lieutenant Colonel Chauke to report to the Organised Crime Unit under Major General Shibiri, but was later told by Major General Shibiri that Major General Motsepe did not want the speaker to report back to her component, contrary to the award stating the speaker should be reinstated with the same terms and conditions as before dismissal.

“After winning my case at SSSBC, when I first reported for duty, Lieutenant Colonel Chauke informed me that management has decided I should report to the Organised Crime Unit under Major General Shibiri. When I asked who he refers to as management, he said the Component Heads, meaning Major General Motsepe and Major General Shibiri. I went and reported at the Organised Crime Unit and I was told by Major General Shibiri that Major General Motsepe said to him that she does not want me to report back at her component. That is when he agreed that I can come back with him at the Organised Crime Unit. There was no consultation and the decision went against the award which stated I should be reinstated with the same terms and conditions as before my dismissal.”

The speaker's union representative approached Lieutenant General Senthumule to request full implementation of the award and placement of the speaker where they should be.

“My Union representative approached the office of Lieutenant General Senthumule and requested that the award be fully implemented and that I should be placed where I should be.”

In 2025, the speaker was shortlisted and recommended for post-promotion 3557/2024/2025 but after exhausting all avenues within SAPS, the promotion is still not confirmed even though the matter was settled at SSSBC and Major General Govender holds the promotion document but no action has been taken.

“In 2025, I was shortlisted, recommended for post-promotion 3557/2024/2025. I have exhausted all avenues within the SAPS with regards to that post. My promotion is still not yet confirmed. The matter was settled at SSSBC with ruling confirming my promotion. Then, when I last spoke to my union representative, he informed me Major General Govender is in possession of my promotion document but nothing has been done.”

The speaker states having no objection to taking the prescribed oath and considers the oath to be binding in conscience, signed on 8 May 2026.

“I know and understand the contents of the statement. I have no objection taking prescribed oath. I consider the oath to be binding in my conscience. Signed on the 8th of May 2026.”

Warrant Officer Phakula sent a screenshot of a WhatsApp communication between himself and Major General Khan, indicating prior contact initiated by the warrant officer after word that Major General Khan wanted to meet.

“This is a screenshot from my phone of the communication between myself and Major General Khan. It starts, okay, I started by making a call to him and he did not answer, but the call does not appear. So, when he did not answer, I sent him a message to say: “Good day, General, it is Phakula.””

The speaker agreed to meet Major General Khan alone without General Kadwa, expressing discomfort with General Kadwa's presence.

“I will not be comfortable. I think let us first meet and we will take it from there, General.”

After previous meeting regarding a theft of diamonds case, the speaker and Major General Khan had not exchanged private conversations or arranged private meetings prior to the WhatsApp conversation.

“No, no, no, no, we did not. No. No.”

Post arrest, people were saying that the drugs in question belonged to Major General Khan. The speaker relayed this information to Major General Khan based on what people told him.

“After our arrest, it was no-people were saying that those drugs belonged to him, General Khan. So, when I related it to him, it was out of what I have heard from what people were telling me.”

Warrant Officer Phakula was upset about being treated a certain way at the scene of a drug bust and confronted a high-ranking police official, accusing or implying the drugs belonged to him, despite the official saying the drugs were connected to Colonel Sephungu and not him.

“I was still upset with the way I was treated on the scene ... I was still, I felt I was arrested for something that I did not know ... they actually wanted Colonel Sephungu ... I was distancing Colonel Sephungu from that.”

Warrant Officer Phakula believed that the references to 'they' wanting Colonel Sephungu related to members of the Directorate for Priority Crime Investigation (DPCI) who were looking for a scapegoat and trying to get evidence against Phakula and others.

“I think it was the DPCI ... I believe it was him and the DPCI ... they are looking for a scapegoat for what they did ... so they are trying to get evidence to place on us.”

Warrant Officer Phakula requested a statement from the high-ranking official to support his disciplinary hearing, asserting he was performing honestly at the scene but was charged nonetheless.

“I requested him that, okay, if you saw that I was doing an honest job at the scene, can you please depose to a statement so that I can submit at my disciplinary hearing? Because I was now charged with the same matter where you are saying you could see that I was doing an honest job.”

Warrant Officer Phakula never received the promised statement before his disciplinary hearing despite reminders and was not comfortable with the high-ranking official being part of meetings related to his case due to confusion and distrust.

“I never received that statement ... I was not feeling okay with that ... because he came to influence the SPP to enrol our case, where I was promised I was going to be released ... I was not feeling okay with that.”

Warrant Officer Phakula texted General Khan on 22 September 2021 informing him he had been dismissed from the SAPS and received a sympathetic response from General Khan.

“On the 22nd of September 2021, I texted: 'Good evening, General, I was dismissed from SAPS.' Then he responded: 'Hi Steve, I just got home now... Sorry to hear about your dismissal.'”

Warrant Officer Phakula promised to assist to arrange a meeting with the informer and to make the informer available to General Khan, but the promise was never fulfilled as he never took it further and had no further interaction with the informer.

“No, we never took it further, and he never called me back again after this, and I never communicated with him. So, he never saw the informer after this.”

Warrant Officer Phakula acknowledges that he assumed the informer would agree to speak to General Khan, despite not knowing the informer or Mashaba personally at the time.

“I was going to talk to Mashaba, and then I would have taken it from there.”

There was talk within the police that the drugs seized were said to be General Khan's drugs, and Warrant Officer Phakula mentioned this talk to General Khan, thereby potentially risking the informer's safety.

“You mention it to him because it is what you have heard, and you say this is what people are saying about you.”

Warrant Officer Phakula accepted that exposing the informer to General Khan could have put the informer's life at risk because it was known that General Khan was involved in drug trafficking.

“I accept that.”

There was talk within the police service that the seized drugs were associated with General Khan, but this information was at the level of corridor gossip among colleagues, not formal information.

“It was corridor gossip, Commissioner. Casual chats, casual talks among colleagues, yes.”

A complaint about the drug bust incident was laid with IPID, including against General Khan, and the group of arrested people including Warrant Officer Phakula was responsible for laying that complaint.

“Yes, yes, yes. ... Correct, Commissioner. ... That is where it flows from.”

Warrant Officer Phakula said the complaint against General Khan related to defeating the ends of justice and the theft of drugs.

“It would have been defeating the ends of justice and the theft of drugs.”

Warrant Officer Phakula admits not telling IPID that the seized drugs were alleged to belong to General Khan, because he did not have a statement to support the accusations and did not have the power to do so.

“No, I did not. And simply because I did not have a statement to support my accusations.”

Warrant Officer Phakula did not consider it necessary to mention allegations that the seized drugs belonged to General Khan to IPID because the person who told him was not willing to submit a statement, so it would not have been material to IPID.

“I thought if the person who was telling me that is not willing or will not be submitting a statement, it will not be material.”

Warrant Officer Phakula admits the crime scene was not handled in line with the SAPS National Instruction 1 of 2015 and acknowledges mistakes in crime scene handling.

“I have to concede that it is wrong. The scene was not in line with the National Instruction 1 of 2015.”

Warrant Officer Phakula admits making an untruthful statement about the crime scene being handled properly and says it was a misunderstanding related to timing of his arrival.

“I have to concede that it is wrong... I perhaps was mentioning the scene after my arrival... hence, I am saying, to me it was understood that after my arrival, finding those things there...”

Chairperson asserts that Warrant Officer Magane described the crime scene handling as a "stuff-up" and accepted mistakes, calling the handling a complete mess.

“it was a mess, a complete mess in terms of handling a crime scene. There was even a report given by - what was the word used? It was a stuff-up, something like that. And when we put questions to him, if he accepted that that was indeed so, he accepted all of those.”

Chairperson accuses Warrant Officer Phakula of making an untruthful statement and questions why he did so.

“Your statement is totally untrue... Why did you make that untruthful statement?”

Warrant Officer Phakula denies protecting his colleague Warrant Officer Magane by making such untruthful statements.

“No, no, no, Commissioner.”

Warrant Officer Phakula admits that he found the exhibits at the crime scene secured in bags and infers they were not stolen based on this and statements from Scania employees.

“I said the exhibits were still secured in bags... and my concentration was on the exhibits, the security, like they were not stolen... No, except for the statements of people of Scania as well as ...”

Warrant Officer Phakula states he did not know that Warrant Officer Magane was from the Crime Information Analysis Centre and assumed CIMAC is another link within Crime Intelligence.

“Honestly, I did not know, and what I understand even now is that CIMAC is another link of Crime Intelligence.”

Warrant Officer Phakula acknowledges that Warrant Officer Magane works in CIMAC, which is a department within Crime Intelligence, justifying his earlier statement that Magane is from Crime Intelligence.

“CIMAC is another department in Crime Intelligence. So that is why I said he is from Crime Intelligence.”

Advocate Khumalos accuses Warrant Officer Phakula of misleading his superior by claiming Warrant Officer Magane is from Crime Intelligence when he actually works at Zonkizizwe Police Station and is not part of Crime Intelligence.

“The truth is you misled your superior, because what you told your superior is that Crime Intelligence has requested your assistance.”

Warrant Officer Phakula denied that Crime Intelligence requested his assistance, stating it was a misunderstanding regarding CIMAC.

“No, I would disagree with Commissioner.”

Adv Khumalo accused Warrant Officer Phakula of falsely stating that Crime Intelligence requested his assistance, which Phakula denied knowing about until the arrest.

“And that is not true. Crime Intelligence did not ask for your assistance. ... Honestly, I did not know about CIMAC until our arrest.”

Phakula admitted to misleading about the first responder's role at the crime scene and that Warrant Officer Magane did not fulfill the expected duties of taking control and securing the scene.

“... you are conveying what Magane did on that scene, and that is false because he did not do any of that. ... You did not ensure the integrity and originality of evidence and exhibits. You found them on the van, and you did nothing about them.”

Phakula agreed that the statement about Magane handing over the scene to him was a misrepresentation and that Mashaba was in charge of the scene, not Magane, based on a discussion with Magane.

“... it did not happen at all ... he said Mashaba was in charge of the scene ... Mashaba was in charge of the scene. ...”

Phakula said Magane called him to the scene and handed the scene over to him, but Magane denied being in charge of the scene.

“... the scene was handed to me by Magane as the one who phoned me to come to the scene. As to why he denied being in charge of the scene, I do not know.”

Adv Khumalo stated that according to regulations, one does not just take over from other police officers at the scene even if one arrives later, and Phakula agreed.

“... if you arrive at a scene and you find a police officer there, you do not just give them instructions. You do not just take over from them.”

Phakula bypassed two police officers already at the scene vehicle and purported to take over the scene, which is procedural misconduct.

“You bypassed them and purported to take over the scene.”

The scene where police responded was a hijacking attempt of a Scania truck involving suspects Magane and Mashaba, who are criminals impersonating police officers.

“The officers who were there, who were in uniform, who were responding to a complaint that both Mashaba and Magane are criminals who are impersonating police officers and they are trying to hijack a Scania truck. SAPS officers went there to prevent that.”

Magane was the first member on scene, so if Booysen's members were supposed to take over the scene, Magane should have handed over to them and then to Phakula, which did not happen.

“... first member on the scene, we agree it was Magane ... if it was supposed to be the Booysens members to hand over the scene to me, it would have been Magane handed over the scene to them and then to me.”

The officers at the scene were investigating a truck hijacking attempt, not handing over the investigation to anyone.

“They do not hand over to you what they are investigating because they are there investigating a hijacking attempt of a truck.”

The scene initially investigated as a truck hijacking ended up being a scene of Mashaba and Magane in possession of drugs, which was outside the officers' mandate.

“the two Booysen's police attended the scene on the basis of a truck hijacking. But it ended up, it is not a truck hijacking. It is the scene of Mashaba and Magane of possession of drugs. It is no more their mandate that they came for. It is the other way around.”

When the witness arrived, they bypassed the uniformed officers and started their own actions, not securing or touching the exhibits in the back of the bakkie.

“But when you get there, you bypass those police officers, and you start doing whatever it is that you were doing. It is not clear because you did nothing to the exhibits that were in the back of the bakkie. You did not touch them, you did not secure them, you did nothing to them.”

The witness identified the smell of cocaine from the bags without opening them.

“The smell.”

The scene secured by the witness was where the drugs were located, not the entire area or the bakkie.

“Where the drugs were, as I mentioned on that tape, because that is where my scene was, where I was concentrating.”

The smell was of suspected cocaine.

“It was suspected Cocaine, yes.”

Three people were to be arrested for possession of drugs, but not physically arrested by the witness; the instruction and physical handcuffing was carried out by Captain Modupi.

“Correct, but they were not arrested by me physically. ... Yes, it was Captain Modupi. Actually, he is the one on page 109 of Steyn's bundle ... Yes, yes, Commissioners. ... Yes, yes.”

The driver of the truck was arrested because of the suspected cocaine, based on the smell and statements that the drugs were from the truck he was driving.

“Because the statements, Commissioner was that those drugs are from the truck that he was driving.”

The witness initially stated they could smell cocaine but later admitted at the time of the incident they did not know the smell of cocaine.

“I did not know if it is Cocaine or it was ... I did not know what kind of a drug it was. ... I did not know who Cocaine smells. ... Yes, I should have said I could smell suspected drugs or suspected Cocaine if I remember well.”

Warrant Officer Phakula is part of the investigation unit NINU, which is distinct from NIU (intervention unit).

“That is correct, Commissioner. ... No, there is another unit of investigation, N-I-N-U. ... N-I-N-U ... N I U is another unit, the intervention unit. ... It is a different unit, Commissioner.”

The witness admitted that saying they could smell cocaine was false at the time of the incident.

“I already considered it was Cocaine, and that statement was false.”

NINU unit handles blue light, robberies, airport-following robberies, head office enquiry files and high-profile cases as determined by Police leadership.

“It is blue light, robberies, airport-following robberies, head office enquiry files and high-profile cases as determined by the Minister of Police, Deputy Minister of Police, National Commissioner, Deputy National Commissioner, Divisional Commissioner, and Political Leaders.”

Warrant Officer Phakula works nationally and thus can be involved in operations outside his base in Pretoria.

“I am working nationally”

Warrant Officer Phakula was called to assist by a non-detective station-based person named Magane who has an administrative office-based job and not related to crime intelligence work as alleged.

“You get a call from someone whose job is office bound. You say he is crime intelligence. We know he does not do this job; he told us that the job is administrative, is in the office”

Colonel Sephungu initially refused permission for Warrant Officer Phakula to attend the operation.

“I first requested permission from Colonel Sephungu and he said, no, do not go”

Warrant Officer Phakula received a call from Magane to attend a drug operation, despite it being out of his unit's jurisdiction and functions.

“You get called out to come to this operation ... It is far from you ... and you get involved ... You have never done drug busts”

Adv Baloyi denies that anyone told Warrant Officer Phakula that the drugs would disappear or that there was urgency.

“he did not say to you the drugs are going to disappear ... He never said that to you ... And you never said to us there was urgency”

Warrant Officer Phakula claims the urgency for his involvement was because the information needed to be attended to quickly to prevent drugs from disappearing.

“The reason is the information was supposed to be attended to. So maybe the delay in attending to that would have - the drugs would have disappeared”

Magane and Mashaba had the drug operation under control and no urgency required Warrant Officer Phakula's involvement.

“Magane and Mashaba had it under control. They followed the truck ... The bakkie went in ... So there was no urgency that required your involvement”

Warrant Officer Phakula admits involvement was because he was available and had permission.

“I honestly assisted because I was available, and there was no ... and I received permission and it was granted”

Warrant Officer Phakula eventually got permission to attend the operation, which was the only reason he became involved.

“I got permission... and it was granted. That is the only reason why I could say I attended.”

Warrant Officer Phakula stated that Magane asked for backup, meaning to call the role players needed for the crime scene.

“Magane asked for backup ... Back up would include the role players of whatever the crime that you are busy investigating”

Warrant Officer Phakula started calling role players to the scene after receiving the backup request from Magane, although he was not explicitly told to call those people.

“by virtue of telling me to back up, then I know that that kind of crime will need a photographer, will need a dog unit ... That's why I started by calling them to the scene”

Warrant Officer Phakula never had prior experience managing drug crime scenes before this incident.

“you have never had to organise or manage a drug scene ...”

Warrant Officer Phakula admits to experience managing crime scenes generally, but not specifically drug scenes.

“I have experience in crime scene management ... Just not drugs”

Warrant Officer Phakula made the first call to Captain Modupi, his immediate commander, who also came to assist at the crime scene.

“The first call I made was to Captain Modupi. Captain Modupi is my immediate commander, and he also came to the scene”

Warrant Officer Phakula was questioned why he called many people to the scene instead of relying on people with experience such as SANEP.

“Why are you calling all these other people ... Why do you not call SANEP ... you know there are people who have experience ...”

Colonel Sephungu was the one who gave Warrant Officer Phakula permission to attend the operation.

“Colonel Sephungu is the one that gave permission”

Warrant Officer Phakula contacted the dog unit after Captain Modupi, and was told that Lieutenant Colonel of SANEP had a similar inquiry and would take over the scene, so he did not need to call others.

“Then I phoned the dog unit, and then they told me that Lieutenant Colonel of SANEP has a similar inquiry. So, I did not need to call other people because I believe that when he comes, he will take over the scene”

Warrant Officer Phakula organised role players for the crime scene based on Warrant Officer Magane's request to call the Forensic Laboratory for backup.

“Initially when I phoned the Forensic Lab, I was of the opinion that they still come to the crime scene and package everything... when he phoned me to say he want backup, so I understood he wants to arrange every role player for that scene.”

Warrant Officer Phakula accepted to have received handover from Warrant Officer Magane and acted as Crime Scene Commander accordingly.

“You accept that at least on your version, then you would have at least tried to fit yourself as the crime scene commander if we accept for a moment that Warrant Officer Magane handed this to you.”

Warrant Officer Phakula did not identify the investigating unit in accordance with the contingency plan nor was there a report or plan created as required.

“You did not identify the investigating unit in accordance with the contingency plan ... None of that happened. Because there was no report, there was no plan.”

Warrant Officer Phakula admitted no report was given to him by Warrant Officer Magane.

“We accept in your case there was no report given to you by Magane. No, there was no report.”

Warrant Officer Phakula did not receive any comprehensive CTRAP (crime scene report) from the first responder.

“Did you receive any of that ? A comprehensive ? Like in what ? No, I did not receive anything of that.”

Warrant Officer Phakula admitted to doing a walk through but not in the formal required manner and that the scene was chaotic within 30 minutes of arrival.

“Yes, but I made a walk through ... I considered that within 30 minutes of my arrival, the scene was now starting to be chaos, uncontrollable.”

Warrant Officer Phakula acknowledged he did not perform the required planning phase actions, including a walk through the crime scene, meetings with all necessary role players, and wearing proper PPE.

“You accept that no one of that happened. You did not walk to assess the situation ... You did not wear any PPE. Yes, I did not wear the PPEs.”

Warrant Officer Phakula admitted he did not keep the crime scene report updated as required.

“You must keep the crime scene report updated. And you never said that... You never attempted to keep a report. All you did was to rush to start taking statements.”

Warrant Officer Phakula accepted he did not complete the crime scene report (administration) during the handling of the scene due to the difficulty of the process while concentrating on statements and exhibits.

“Yes, that is true what happened ... But when you get to the crime scene, this administration is difficult to go through it, to complete it.”

Warrant Officer Phakula acknowledged not wearing PPE was against instructions, but suggested compliance was difficult in normal day-to-day work.

“No, I am not saying it is optional, Commissioner... However, in a normal day-to-day working, it is difficult.”

There were 23 bags in the back of the black bakkie vehicle at the scene, and Warrant Officer Phakula checked and confirmed they were still in the same state when he arrived.

“23, Commissioner... I checked on the exhibits and that they were still the way they were when I arrived on the scene.”

Warrant Officer Phakula confirmed knowledge of the primary crime scene location at the back of the trailer, but could not check it as the truck was reversed to the loading bay.

“Yes, at the back of the trailer... It was now impossible because the truck was now reversed to the loading bay, Commissioner.”

Warrant Officer Phakula accepted that he was not the appropriate person to act as a Crime Scene Commander and was not equipped with the required experience and knowledge to do so but was securing the scene until more relevant people arrived.

“you were not equipped in terms of your experience and knowledge of what you were required to do. Even if you were to accept that you attempted to act as a Crime Scene Commander. Do you accept that ?”

Warrant Officer Phakula testified that one of the people he called to the scene was his brother, Sergeant Phakula, who works in the Dog Unit (K9 unit), to sniff out possible drugs at the premises.

“one of the people that you called to the scene is your brother, Sergeant Phakula, who works in the Dog Unit ... And you accept that the reason why you need dogs to be there is to sniff out possible drugs at the premises”

Warrant Officer Phakula initially stated he could smell cocaine at the scene, but later admitted he did not smell cocaine and could not identify how cocaine smells.

“that you could smell, or you can smell Cocaine ... no, no, it is not Cocaine, I could smell drugs on the scene ... your version that you could smell the drugs, it is completely false ... you do not know how Cocaine smells ... you said you smelled the Cocaine ... you do not know how Cocaine smells and you lied when you said to Commissioner Khumalo you smelled the Cocaine.”

The drugs found were tightly wrapped in plastic, inside a canvas bag, and further packaged to avoid moisture, making it impossible to smell any drugs from the bags as they were sealed and not exposed.

“those bricks in there, they are tightly wrapped ... especially because they have to travel across the ocean ... tightly wrapped with plastic and also with labelling materials and put inside ... ordinary black plastic ... inside those there is a canvas bag ... and the plastic wrapping inside the canvas bag ... when you see tears on the plastic bag, that is not drugs that are bare, uncovered.”

Warrant Officer Phakula admitted he did not go through each bag individually to smell the contents but relied on visual inspection and touching the packages for smell.

“No, I did not go through each and every bag ... but from what I could see with the packaging ... from the smell that came from touching these things.”

Warrant Officer Phakula denied that the drugs were exposed or uncovered once the bags were torn, stating the bricks were not bare and were wrapped inside the packaging.

“They were not bare ... They were bricks ... you saw drugs that are bare, uncovered.”

Advocate Mosikili accused Warrant Officer Phakula of lying about smelling cocaine and challenged how he could know drugs were cocaine if he could not smell them.

“you said you smelled the Cocaine ... you lied ... you do not know how Cocaine smells ... if he could not smell, then he must have known for a fact that there are drugs there ... how did he know that it is in fact Cocaine there because he could not have smelled.”

Warrant Officer Phakula admitted that he did not know for a fact what kind of drug was present and did not know that it was cocaine.

“I did not know for a fact what kind of drug is that one. I did not know that for a fact.”

Warrant Officer Phakula smelled drugs at the scene based on information that there were suspected drugs in the truck, although he did not know which specific drugs or their smell.

“Because the information was that it suspected drugs, I concluded ...”

Warrant Officer Phakula initially testified that he did not touch the bags found on the bakkie to avoid contaminating the exhibits, but later admitted that he did touch them, contradicting his earlier testimony.

“You are now relying on the obvious test that you see to try to bolster your version that you did smell ... You said to us in your testimony earlier, you did not touch those bags that you found ... you said, I did not want to touch the bags ... Now you say you touched it.”

The crime scene was initially reported by Warrant Officer Phakula as being handled properly with everything in its original place and not tampered with, but photos later showed a bag was open and torn, contradicting the statement.

“The crime scene was handled and there was nothing out of place ... A bag was open and you lied and said the scene was intact ... The two versions cannot stand ... The exhibits were in their original form, not tampered with.”

Warrant Officer Phakula accepted that he may have lied in the evidence about not touching the bags and that the scene was no longer under his control when photos showing tampering were taken.

“If you can look at this picture ... that is when Magane is placed in the car and the scene was no more in our control ... I accept that ...”

Warrant Officer Phakula contradicted his earlier testimony by stating that he did touch the exhibits, and admitted that one of the bags was open at the scene, which was the only way he could have touched it.

“The issue now is the scene being, you say you touched, a bag was open. That is the only way you could have touched.”

Warrant Officer Phakula admitted that he touched the exhibits at the scene, contradicting his earlier statement that he did not touch them to avoid contamination.

“You are saying to us now that you in fact did touch the exhibits while you were on the scene.”

Warrant Officer Phakula admitted that he did not include in his initial statement that he touched the exhibits at the scene.

“And I also admit that I did not put that in my statement.”

Warrant Officer Phakula was instructed by General Khanto and others to not be involved further in the matter and to retrieve two seals from a vehicle at the scene, which he did not put himself but knew about them because he was present at the scene with Magane and Mashaba.

“You are told by General Khanto ... to not be involved any further. You go to the bakkie to retrieve the two seals ... Did you put those seals there? No ... I knew because I was with Magane and Mashaba on the scene.”