Notices requesting detailed information about certain payments and company financials linked to Mr Carrim were served but have not yet been responded to by Mr Carrim.
“Those details were thereafter, well, incorporated into a Regulation 10.6 notice that was dated 8th May 2026, and that was served on Mr Carrim by the Sheriff on 12th May ... Some of these are fairly routine details ... And a supplementary notice dated 20th May was sent to Mr Carrim and his attorneys when there was no response to the earlier notice ... thus far, we have received no response to that either.”
Mr Carrim has not complied with the Commission's request to be examined by a specialist to confirm his medical fitness to testify.
“we asked that Mr Carrim make himself available for examination by a specialist appointed by the Commission to confirm that he was indeed not medically fit to comply, and he has not yet responded, or has not yet complied with that request”
Mr Carrim promised to provide audited or unaudited financial statements and explanations for his companies, but has not yet done so.
“an undertaking that he would provide us with a copy of an agreement or a draft agreement between himself and companies of Mr Maumela, and also communications between himself and Mr Carrim ... thus far, we have received no response to that either”
Mr Carrim has been medically unfit to appear for this second time and the Commission requests to postpone his appearance to 15 July 2026 to allow for possible recovery or confirmation of his medical state.
“So we sit in a situation today where this is the second appearance for which Mr Carrim has been medically unfit to appear ... we accept that he is not available to testify today, and that he has been admitted to hospital, so we cannot have him here today ... we would ask of the Commission is to postpone his appearance to the 15th of July”
If Mr Carrim is not available to testify on 15 July 2026 due to medical unfitness, and does not submit to an independent medical examination confirming incapacity, proceedings will recommend his prosecution for hindrance under the Commission's Act.
“If he is not here and is still, on his version, medically unfit, we will no longer seek his appearance on the 15th of July, but if he has subjected himself to independent examination by a specialist appointed by the Commission, and that independent specialist confirms his incapacity to testify, we will not ask for him to be called again ... If Mr Carrim does not agree to be examined by an independent specialist, then we will ask the Commission to recommend that he be prosecuted under Section 5 and 6 of the Commission's Act and Regulation 12.2 for hindering the proceedings of the Commission”
There have been four subsequent medical reports making it clear that Mr Carrim is not able to attend the Commission nor fully engage with his legal team regarding instructions due to his medical condition.
“all the subsequent medical reports of which there have been four reports which make it abundantly clear that Mr Carrim is not only able to attend the Commission, he is also not fully able to engage with his own legal team regarding his ability to give instructions”
When Mr Carrim was initially hospitalized, it was explicitly stated to the Commission that the legal team cannot act without instructions from the client if the client is medically indisposed, meaning the inability to deliver documents was due to Mr Carrim's medical condition, not wilful non-compliance.
“when Mr Carrim was initially hospitalized, it was explicitly stated to the Commission that the legal team, as creatures of instruction, cannot act without instructions from their client, and if their client is medically indisposed... it stands to reason that this allegation of not complying must be put in its proper context, that it is not wilful, and it is because the ability to deliver those documents is directly hamstrung as a result of Mr Carrim's medical condition”
Possibility of subjecting Mr Carrim to a medical examination by a specialist of the Commission's choice has been raised before and is not a new issue raised for the first time yesterday.
“it was not raised yesterday for the first time in the correspondence. It had been raised prior, and that the parties had been engaging on that.”
Medical examinations, such as those for bodily injury or medical malpractice claims, follow prescribed procedures under Uniform Rule 36, but no equivalent procedure exists within the Commission's regulations for independent medical examinations.
“The first one is the regime that the Chair is putting to me is firstly in the context of medical negligence claims or damage from medical negligence... which we know arise under a prescribed procedure under Uniform Rule 36... there is no equivalent procedure in the Regulations, the Act, the Rules, or the Commission's own Rules that remotely cater for an equivalent procedure”
The legal prescripts and powers of the Commission may not be unfettered and are subject to questions of remit and extent of mandate, which impacts the authority to order independent medical examinations concerning Mr Carrim.
“the question of the degree of the fettering of your power is tied directly into the issue of the mandate... you have an unfettered power to create the appropriate... but that power can never be unfettered”
Previous objections were raised by Mr Bhana's legal team that certain lines of questioning fall outside the mandate of the Commission, reserving client rights to address those issues at appropriate times.
“previously when we have appeared in front of the Commission, we raised an objection to example for a certain line of questioning that our learned friend was putting to the witness... that the line of questioning fell outside the mandate of the Commission and that we reserved our client’s rights to place that an issue at the appropriate time”
A compelled medical examination of the client potentially breaches his medical rights under Sections 14 and 15 of the National Health Act and raises a question of vires and competency regarding the commission's discretion.
“It is a compelled examination. That is how we understand the proposal being put, and that which potentially breaches his medical rights whilst under treatment by a treating doctor in a manner that potentially breaches Sections 14 and 15 of the National Health Act”
If Mr Carrim does not voluntarily avail himself for the medical examination, the commission can only ask for such examination in a non-obligatory way and cannot compel it, thus addressing statutory prescription concerns.
“And if a ruling or directive from the Commission were to direct that Mr Carrim avail himself for such an examination, but be couched in a manner that does not make it obligatory that he do so... bearing in mind the fallback position that Mr Chaskalson has placed before us, in the event that Mr Carrim does not do so, would that take care of your concerns about the statutory prescripts”
There are concerns about adverse inferences being drawn against Mr Carrim for not participating in a voluntary medical examination, which must be addressed carefully in light of the nature of the commission's request and opportunity to respond.
“... if it is attenuated to being voluntary, that might not be objectionable in and of itself, but then it depends on what weight will be placed on the election that is otherwise voluntary to ask the Commission to draw adverse inferences against my client for not participating in a voluntary request...”
An adverse inference can be drawn at the final stage of report writing analyzing the evidence, and this is consistent with the ordinary rules of evidence.
“And if you draw an adverse inference at the end stage of your report writing in analysing the evidence, that cannot be objectionable. That is the ordinary rules of evidence as we understand it.”
Non-participation in the voluntary medical examination should not be construed as proof that Mr Carrim is a 'naughty person'; adverse inferences must be carefully considered and not presumptive.
“I am talking about the adverse inference in the specific instance of not participating in a voluntary medical examination. ... If Chair puts it to me in that way ... you are not elevating the non-participation in the voluntary examination process to say, ah, that is the evidence that you are naughty, I am drawing the adverse inference, I can accept that.”
Undisputed evidence before the commission must be evaluated on its own merits without letting adverse inferences based on failure to testify override the consideration of the evidence present.
“There is an inference being drawn and becomes adverse because of one's failure to testify”
If adverse inferences are drawn from failure to participate in the voluntary medical examination process to answer allegations, this follows ordinary principles of evidence and cannot be objected to unless valid questions like audio evidence arise.
“But if it is the second one, which is that it is unanswered allegations and therefore I am drawing inferences because of the failure to answer, that is the ordinary principles of evidence that cannot be objected to, unless of course, there is a question of audio or whatever”
Determining adverse inferences requires first making findings on Mr Carrim's condition; without such findings, drawing adverse inferences is difficult.
“To get to that, what you call an adverse inference, to get to that, I think we would have to first make findings as to Mr Carrim's condition.”
In litigation involving President Zuma's medical certificate, the contest was over the validity of the medical certificate used to excuse him from another Commission, which had to be impugned first before excusing the witness from giving evidence.
“in the litigation involving President Zuma and the competency of his medical certificate that he used to excuse himself from another Commission”
The Commission might choose to cross-examine medical professionals and their own experts regarding the medical evidence presented for Mr Carrim's fitness to testify.
“the Commission might choose to cross-examine the particular medical professionals, they might wish to lead the evidence of their own medical examiner”
There is a concern that less intrusive means than compelling a medical examination should be explored to balance constitutional rights with the Commission's duty.
“we must think about the balancing exercise of constitutional rights and if there is less intrusive means that can nonetheless enable the Commission to do its job”
ADV Chaskalson SC does not accept most of the submissions including that Mr Carrim has not been continuously hospitalized since April and tends to get hospitalized just as his appearances before this Commission are scheduled, which is worrying.
“we do not accept many of these submissions and in particular, the one worrying thing that we see is what the medical reports disclose is that Mr Carrim has not been hospitalized continuously since April. He tends to get hospitalized just as his appearances before this Commission are scheduled, and that is worrying”
ADV Premhid submitted that if the Commission intends to make a prosecution recommendation against his client, they should be given an opportunity to respond before any adverse decision is made, as this is audi rights.
“if that is going to be the case, that the Commission ... chooses to make a motivation to the Commission that a recommendation be made that our client is prosecuted, that we get an opportunity to address the Commission before an adverse decision is potentially made against him, because that is audi rights”
Mr Carrim has failed to furnish basic documents such as financial statements despite repeated requests, which is concerning given his fitness to testify and travel outside the country when last testifying.
“very basic requests for some documents to be furnished, like financial statements... and we still wait for the documents that he promised us when he gave evidence”
There is worry that Mr Carrim tends to seek hospitalization around his appearance dates at the Commission, which may or may not be coincidental or related to stress.
“a pattern of, as an appearance date appears, suddenly, Mr Carrim needs hospitalization. Now, it may be perfectly true... or possibly not by coincidence, his medical condition compounded by the stress of an imminent appearance requires his hospitalization”
Mr Nku stated he is an entrepreneur with skills in data analysis, ethical hacking, consignment and inventory management, and cyber penetration testing for various organizations.
“I am an entrepreneur in businesses with proficiency in data analysis, ethical hacking, consignment and inventory management, conducting cyber penetration testing and research for various organizations”
Mr Nku is not a tenderpreneur and does not run a business tendering for municipalities or government but is a business consultant for clients who are tenderpreneurs.
“I am not a tenderpreneur. I am a business consultant who have clients which are tenderpreneurs, but I do not run a business which is tendering for municipalities and government”
Mr Nku shared information about the possible shipment of arms and contraband including drugs with Lieutenant General Sindile Mfazi, who was introduced to him by former Minister and Deputy Minister of Defence Maphatsoe and considered a compatriot in exile.
“I shared the information with Lieutenant General Sindile Mfazi, whom I was initially introduced by former Minister, Deputy Minister of Defence Maphatsoe as he expressed that General Mfazi was his compatriot in exile”
In late April 2021, Mr Nku became aware through confidential sources of a possible shipment involving arms, contraband, and drugs which was preliminary and not definitive information.
“I became aware of the potential shipment date in the last week of April 2021, through confidential sources. At that stage, the information was preliminary and indicated a possible shipment involving arms, contraband, including drugs.”
By approximately 7 July 2021, containers prioritized for transportation were identified, one conclusively based on the information Mr Nku shared.
“By approximately the 7th, 2021, certain containers were identified as being prioritised for transportation. One of them was conclusively the positive base one.”
Mr Nku first advised police about information possibly involving criminality some time before sharing with General Mfazi.
“When you advised General Mfazi of this information, was it the first time you ever advised police about information possibly involving criminality? No, Chair. It was not the first time.”
Mr Nku shared information about suspected criminality with Mr Mashaba several times before sharing with General Mfazi.
“I t h a d b e e n M r M a s h a b a . ... a c o u p l e o f t i m e s . ... Th e r e h a v e b e e n a l o t o f i n c i d e n t s , i n s t a n c e s r a t h e r , w h e r e I h a v e g i v e n i n f o r m a t i o n”
Mr Nku did not receive payment for providing information to law enforcement; he acted altruistically and considered himself a confidential source.
“I w a s n o t a p a i d i n f o r m a n t . I w a s m o r e o f a c o n f i d e n t i a l s o u r c e ... I h a v e i n s t a n c e s w h e r e I h a v e c o n s u l t e d w i t h , I w o u l d s a y , f o r e i g n i n t e l l i g e n c e e n t i t i e s o n t h e b a s i s o f m y s k i l l s e t ... I w a s n o t a p a i d i n f o r m a n t .”
Mr Nku shared preliminary information in April 2021 with General Mfazi indicating suspected criminal activities were potentially in progress but not yet confirmed.
“The information that I shared was, or rather that I shared was there might be something of this sort that, maybe to use a slang for it, that has been cooked up or that is still in the making... That was more of it, be, rather be on the look out, there might be something of this sort in the making.”
By late June, Mr Nku acquired more specific information about an incoming shipment involving a vessel, which was more concrete than prior vague information.
“At that time, I had acquired information relating to a granted ship ... So now the further detail would be the vessel itself ... But now when there is a vessel in play, it is much more narrowed.”
Mr Nku shared the information with Lieutenant General Mfazi via a secure messaging app called Silentel.
“So I shared the information through, there was an app which I usually chatted to with ... It is called Silentel ... because Silentel is the most secure application in terms of moving confidential information.”
Lieutenant General Mfazi responded to Mr Nku's information sharing with encouragement to keep the information coming and requested more tangible details.
“His response was, okay, keep it coming. ... I need clarity, I need, I need something tangible, initially, when I said I need something tangible because I just sent a vague message...”
Certain containers were prioritized for transport ahead of others in consignment management, which is unusual and suspicious practice.
“certain containers were identified as being prioritized for transportation... I would say, if it is goods or containers, that are prioritized for collection ahead of others”
In usual consignment management, if a company receives containers, all would be prioritized, not just some, suggesting unusual selection.
“if an entity is receiving, say for instance, 0 containers, the best would be prioritizing all of them. Why then prioritize one or two of those if they would be transporting the same thing”
M R N K U has never worked directly for any port authority or related entities in the port space, only for the company that consulted with Transnet.
“You have never worked for any of those entities that have activities in the port? It was limited to the company that I worked that was consulting with Transnet because I have been at portside years ago”
M R N K U's consulting exposure to the ICT systems used by Transnet includes understanding inner workings relevant to active directories but does not extend to handling or movement of containers.
“So, the ICT systems which Transnet would be using... it is mostly rooted in the ICT space... No, no, no. It is mostly around your active direct, it is mostly rooted in the ICT space... I believe it is SEP, it is more end user orientated... and not necessarily relating to shipment of goods”
Ethical hacking is defined as authorized hacking into ICT systems to test their security.
“When institutions, whether private or government or governmental, either set up their ICT systems, just check them routinely or even upgrade them, they will get an ICT expert. Maybe not necessarily the one that set it up, but one who will either hack into it or attempt to hack into it to establish if it is secure enough. So it is ethical in the sense that it is authorised by the person to whom the system belongs.”
Mr Nku explains ethical hacking involves skill to hack into not just IT systems but any system including handheld devices and across networks; hacking is often coordinated and from multiple angles rather than isolated acts.
“I cannot just, Chair ... Not just limited to an IT system, any system, Chair. ... It might be the Chair's hand held device ... Across different networks, Chair. Generally hacking in its nature, it is not a silo operation ... It becomes a coordinated attack. It comes from various angles ...”
Mr Nku acknowledged there should have been a record of the secured communication with General Mfazi, and that it will be addressed later in his testimony.
“There should have been. There was. ... Maybe that will be addressed in 2.7 ... It will be addressed in 2.7 as to what happened after.”
When sharing information with General Mfazi, Mr Nku used a secured network or app for communication.
“Mr Nku, just to make me understand, when you shared this information with General Mfazi, you indicated that you used a secured network or a secured app.”
Mr Nku shared the information with both General Mfazi and Komisa Maphatsoe via a conduit and did not disclose his source to them.
“I share with both ... Because I was introduced to him by Komisa Maphatsoe ... My communication with him could not be more direct ... Because I know him through a conduit ... I needed to make the information or avail the information to a platform where both of them are aware when I give information ... No, I had not disclosed any of my source ... At no material time have I disclosed any of my source ...”
Mr Nku stated he and Komisa Maphatsoe are not blood relatives but distant relatives known through political affiliations; he denied that Komisa Maphatsoe is his uncle as claimed in previous testimony.
“I would say we are not blood related. We, on one ... we are distant relatives ... So it would be inaccurate to say that he is your uncle ... He is not my blood uncle ... He was someone that I was close to, but he was not my uncle ... I know him from elsewhere, from political affiliations ... You refer to him as Komisa Maphatsoe ... That sounds more like a comrade than a relative.”
Certain containers were identified as being prioritised for transportation by some parties, but Mr Nku invoked his right not to self-incriminate concerning how this information was acquired, and denied Customs officials were the source.
“Certain containers were identified as being prioritised for transportation ... I think that would be ... relate to me invoking my right not to self-incriminate ... Because how some of the information was acquired was not acquired in an orthodox manner ... It would not be someone from Customs ...”
Mr Nku never disclosed his source to Komisa Maphatsoe or General Mfazi and the recipients acted on second-hand information from him.
“No, I had not ... They simply acted on your, I suppose, second-hand information as it were ... I would say that ... But maybe to them it was coming from me ... But it is not your direct, because you have your source ...”
Mr Nku shared information with Lieutenant General Sindile Mfazi through an introduction by former Deputy Minister of Defence, Komisa Kebby Maphatsoe, but the information was intended for General Mfazi only, not for Lieutenant General Mfazi personally.
“I shared this information with Lieutenant General Sindile Mfazi, whom I was initially introduced to by former Deputy Minister of Defence, Komisa Kebby Maphatsoe ... the information was not intended for him. Information was intended to General Mfazi.”
MR NKU was introduced to Chief Mashaba by a person he knew personally, a businessman in the mining space, and their initial relationship was influenced by a misunderstanding due to translation in isiZulu at the introduction stage.
“When I was introduced to Chief Mashaba, the person who introduced me to him ... he is a businessman who is in the mining space ... when I was introduced in isiZulu ... so it might mean a array of things. But remember, my mindset ... that the closest person to the Hawks ... is this person. That is the first person that I would think of. That is how I introduced.”
Prior to 9 July 2021, MR NKU's relationship with Chief Samuel Mashaba was that of a professional acquaintance, introduced through a mutual contact in 2019 who could assist in referring information on suspected criminal activity to appropriate law enforcement.
“Prior to 9 July 2021, my relationship with Chief Samuel Mashaba was that of a professional acquaintance ... introduced to him in 2019 through a mutual contact, with the understanding that he could assist in ensuring the information related to suspected criminal activity was referred to appropriate law enforcement structures.”
MR NKU, prior to 9 July 2021, and Chief Mashaba did not ordinarily share social spaces or a close social relationship, but their acquaintance was partly due to mutual contacts and political affiliations.
“Prior to the 9th of July 2021, you and Chief Mashaba, your relationship was that of a professional acquaintance. ... We would not ordinarily share social spaces. ... Generally we would not be in the same social spaces.”
Because passing information vaguely without vetting or rapport with individuals can be detrimental and risky for whistle-blowers or confidential sources, MR NKU needed an introduction via a trusted party to share such delicate information.
“One just passing information over tty, without vetting or rather without having rapport with individuals with whom information is shared, maybe to one's detriment. It is easy for whistle-blowers, for confidential sources to die, just passing information vaguely ... because it is done through a well-known party, someone that one had already built rapport with, it instils confidence.”
MR NKU's acquaintance with General Mfazi was gained in early 2019 or possibly as late as 2018, which was before he knew General Mfazi, making his acquaintance with Chief Mashaba earlier than with General Mfazi.
“I had gained the acquaintance of General Mfazi in 2022. In 2021, rather, apologies. But with Chief Mashaba, it might be in 2019. I stand to be corrected, it might even be maybe late 2018. But I believe it is early, early 2019. So, ja, that was two years back, way before I knew General Mfazi.”
MR NKU was informed on the evening of 8 July 2021 about the Yellow Jersey truck traveling at record time towards Johannesburg, implying it did not stop at weighbridges as mandated.
“I informed Chief Mashaba of the information on or about the 8th of July 021 around about 7.30... the Yellow Jersey truck which was carrying the container in question had been travelling in record time towards Johannesburg... the truck did not stop at the weighbridges in its path to Radiokop... I would deem that as record time because it is mandatory for a truck to stop.”
MR NKU was in Durban when he informed Chief Mashaba of the Yellow Jersey truck developments at 7:30 pm, relying on sources at the destination rather than direct contact with the driver.
“Around about this time, I was in Durban... So I had my sources relaying the information... No, the driver, I never had any contact with the driver... So the sources would be at the destination and information relayed while I was still in Durban...”
MR NKU states he was a source of information at the Aeroton scene and did not participate in operational decisions or searches, except when instructed by General Feroz Khan to step out of his vehicle.
“My presence at the scene was limited to that of a source of information / informant... I did not participate in any operational decisions, searches or handling of any items... except when instructed by police officials to step out namely General Feroz Khan.”
Chief Mashaba instructed MR NKU to get out of his vehicle and introduced Warrant Officer Mogana, briefing him on the information; they proceeded to inspect the truck carrying the container in Aeroton.
“Chief Mashaba instructed me to get out of the vehicle. He introduced the gentleman who was driving alone as Warrant Officer Mogana. I also briefed him on the information and they proceeded to drive towards the depot... then they returned and indicated that they will inspect the truck in Aeroton.”
Warrant Officer Mogana, Chief Mashaba, Booysens officers, and members of the Flying Squad and Dog Unit were present at the scene involving the loading of bags into an NP300 vehicle and engaged in cordoning the area.
“Warrant Officer Mogana fetched his car and parked alongside the truck. Then I saw the bags being loaded onto the NP300 vehicle... Warrant Officer Mogana along with one of the Booysens officers cordoned from one end of the trailer which was carrying a container then to the other where the truck was parked.”
Multiple police units, including Flying Squad, Dog Unit, and DIA Tactical Response, arrived at the scene causing increased tensions.
“Then another Flying Squad car drove in followed by a marked Dog Unit Polo... From then a plethora of cars started driving in... upon the arrival of multiple police units, tension started increasing at the scene.”
The individual who gave Chief Mashaba information was filming with a phone and was arrested without a reason provided at the scene by General Feroz Khan, who ordered the arrest immediately.
“I told him that I was the source and that I was the one who gave Chief Mashaba the information. He immediately instructed for Captain Cronje to be called and that I must be arrested... No reason for my arrest was provided to me at the scene despite my enquiries.”
General Feroz Khan arrived at the scene, asked about the person filming and immediately instructed Captain Cronje that the person must be arrested and confiscated the filming person's phones.
“The gentleman introduced himself as General Feroz Khan... He immediately instructed for Captain Cronje to be called and that I must be arrested. He told me I must give my phones and step out of the car.”
Captain Cronje confirmed to the arrested person that he was only following instructions when arresting the individual, and took possession of the person's phones which were placed in an exhibit bag.
“I asked Captain Cronje the reason for my arrest and he told me that he is simply following an instruction. My phones were placed in an exhibit bag.”
Warrant Officer Phakula was placed under arrest and is the same person who called other role players including Dog Unit and DPCI Saneb national office members using the Booysens state phone.
“I was introduced to Warrant Officer Steve Phakula, who was also placed under arrest. Warrant Officer Mogana indicated that he is the one who called Phakula and that the arrest is shocking because Warrant Officer Phakula is the one who called other role players such as Dog Unit and DPCI Saneb national office members and that he, Warrant Officer Mogana, was the one who called LCR C to the scene using the Booysens state phone.”
The arrested individual had about R16,000 in cash on them as part of travel expenses related to their operations, held discreetly and not belonging to them personally.
“Sergeant Pume asked me if I had any goods in the car. I told him that I only had about 16,000 in cash which formed part of my travelling expenses... The money was not necessarily for the operation, but I happened to have had cash with me... it was not my money.”
Approximately ten duffel bags each containing about 35 bricks (likely of contraband) were counted at the scene, totaling about 350 bricks, and repacked in the Booysens bakkie.
“The total count of those bags amounted to 350 and all the bags seemed to be packaged in a similar manner. After the counting of those 0 bags they were then placed back in the Booysens bakkie.”
Colonel Maluleka from DPCI National confirmed to General Khan that he was in charge as Warrant Officer Phakula was handling the scene, but this was ignored.
“Colonel Maluleka from DPCI National confirmed to General Khan that he was in charge as Warrant Officer Phakula was in the process of handling the scene over to him, yet that was disregarded.”
Warrant Officer Mogana and Chief Mashaba had no business loading bags behind the NP 300 bakkie and should have protected the informant's identity.
“Warrant Officer Mogana and Chief Mashaba had no business loading those bags behind the NP 300 bakkie and they should have protected my identity as the informant”
On 22 July 2022, the informant agreed to meet with Captain Dale Nortje from DPCI at Sanebat Moraka police station, recording the meeting due to intuition and suspicion about the arresting team's lack of regard for justice.
“On 22nd July 2022, I had agreed to meet with Captain Dale Nortje from DPCI Sanebat Moraka police station. I kept a record of my whereabouts when I agreed to meet and had decided to record, as I had an intuition that the case may form part of the conversation and it was an opportunity to get to the truth regarding the games being played by the DPCI arresting team having no regards for justice”
One of the Crime Intelligence members demanded the informant to open his phone gallery and made remarks implying that sending IPID to the Generals would not result in consequences.
“One of the individuals made a remark that, do I think that I can send IPID to the Generals and get away with it”
On approximately 4 July 2023, while engaged in church-related activities in Meyerton and Vereeniging areas, the informant was stopped by individuals identifying themselves as Crime Intelligence members, who transported him in their vehicles, questioned him at an unknown residential property, and demanded his mobile devices without providing documentation or warrants.
“Approximately on the 4th of July 2023, while busy with church-related engagements in the Meyerton area and Vereeniging area, I was stopped by individuals who identified themselves as members of Crime Intelligence. They were driving three unmarked vehicles fitted with blue lights, namely a BMW 3 Series, a Golf 7 and a Toyota GD6. Two of them drove in the Isuzu KB300 bakkie which I was driving in and instructed me to sit at the back of the floor in between seats. I was transported to an unknown residential property and questioned. I was instructed to hand over my mobile devices without being provided with any documentation or warrant”
The Crime Intelligence members warned the informant they were watching his every move and then released him after several hours near the area where he was found.
“They also warned that they were watching my every move and after several hours I was then released. They dropped me off near the area where they found me”
The informant found the threats dangerous and only notified his attorney to seek legal advice, uncertain if it was a proper investigation or outright thuggery but took the threats seriously as they were threatening.
“These people did seem serious. They were threatening...the only person I notified was my attorney, picking his brains regarding seeking legal advice, what would be a recourse for something like this. Because I do not know whether it is a proper investigation or it is outright thuggery. But these people did seem serious. They were threatening”
The informant did not open a case against the Crime Intelligence members because the incident was masqueraded as an investigation and he was threatened, making him fearful and uncertain about what was transpiring.
“I did not open a case and I have my reasons because when this incident happened, it was masqueraded as an investigation or a further investigation, because mostly I was questioned on the details pertaining to the scene and the acquisition of information. But ultimately these individuals wanted my devices. And given the fact that I was threatened, particularly in relation to the knowledge of where my mother's house is, and being directed to the point that they are watching my every move, I was spooked to an extent, because I was not clear what was transpiring because it did not just seem like an ordinary thing”
Mr Nku gained access to the individual's device via sophisticated zero-day, zero-click military-grade offensive cyber-exploitation tools while probing kidnapping-related info, uncovering intelligence about illicit arms trafficking and narcotics distribution; he alerted the initial intelligence source about these other criminal activities and began engaging General Mfazi who appeared to be an underworld figure connected to the individual.
“Through my recon, I eventually gained access to the individual's device by means of a sophisticated zero-day, zero-click exploit that, at the time, I still had access to highly sophisticated military-grade offensive cyber-exploitation tools... While probing information relating to the suspected kidnapping activities, I uncovered deeply concerning intelligence pertaining to illicit arms trafficking and narcotics distribution... I immediately alerted the individual who had initially provided me with the intelligence and advised him that though no information relating to kidnapping had been identified on the specific device, I had discovered evidence suggestive of other serious criminal activities... It was at this juncture that I began engaging General Mfazi, as the individual appeared to be a significant underworld figure with connections to...”
Mr Nku received information in or about April 2021 from a known gentleman relating to an individual allegedly a key figure in kidnapping activities around the country; he forwarded this information to Chief Mashaba and commenced his own intelligence gathering efforts.
“In or about April 2021, I received information from a gentleman whom I knew... He provided me with information relating to a particular individual who was allegedly a key figure in kidnapping activities around the country... Upon receiving the individual's details, I immediately forwarded the information to Chief Mashaba and requested that he assist in investigating the matter. Simultaneously, I commenced my own reconnaissance and intelligence-gathering efforts regarding the individual concerned.”
The only linkage of this individual with kidnapping was through a crypto wallet allegedly used in past major kidnappings in the country.
“The only linkage to this individual with kidnapping was through a crypto wallet which had been allegedly used in the past when there has been major kidnappings in the country.”
The individual Mr Nku was investigating was a significant figure and close associate of a high-ranking official in the company Scania.
“This individual appeared to be a significant figure and a close associate of a high-ranking official in the company in question... Yes, the company Scania.”
Mr Nku provided intelligence and information to law enforcement on numerous occasions, with much of the intelligence yielding positive results, but often law enforcement explained after the fact why no action had been taken.
“There have been numerous occasions on which I have provided intelligence and information to law enforcement. In my assessment, much of the intelligence applied yielded positive results. However, law enforcement officials would often provide explanations after the fact as to why actions had not been taken.”
An example was when Mr Nku provided information concerning a Toyota Hilux bakkie alleged to be used to transport illicit cigarettes through the Beitbridge border post, but the information was dismissed by the law enforcement team on the basis that they did not operate in that geographic area.
“When I provided concerning a Toyota Hilux bakkie that was allegedly being used to transport illicit cigarettes through the Beitbridge border post, I also supplied the probable dates on which the vehicle would cross the border. My information was effectively dismissed on the basis that this team did not operate in that geographical area.”
Mr Nku furnished law enforcement authorities with intelligence concerning suspected criminal operations and activities, including incidents related to a warehouse in Pomona suspected of housing a large volume of illicit cigarettes.
“I ... e.g. a warehouse in Pomona suspected of housing a large volume of illicit cigarettes ... I continue to furnish law enforcement authorities with intelligence concerning suspected criminal operations and activities.”
After the events of the seizure of his mobile devices, Mr Nku continued to provide screenshots demonstrating that he still furnished intelligence to law enforcement authorities about suspected criminal activities.
“I have, however, provided screenshots, demonstrating that even after the events of ... I continue to furnish law enforcement authorities with intelligence concerning suspected criminal operations and activities.”
Much of the documentary evidence relating to previous intelligence sharing engagements was lost when Mr Nku's mobile devices were forcibly taken by individuals alleged to be members of Crime Intelligence.
“much of the documentary evidence relating to previous intelligence sharing engagements was lost when my mobile devices were forcefully taken from me by individuals alleged to be members of Crime Intelligence.”
Several DPCI members sought information from Mr Nku and he provided intelligence he acquired to them.
“a couple of these DPCI peoples started getting hold of me, wanting information. If I can provide information, I must give them. So I started then forwarding any intel that I have acquired.”
Mr Nku did not refer solely to Chief Mashaba in providing intelligence but gained acquaintance with a DPCI member, Captain Dale Nortje, who was part of the arresting team and started providing information directly to DPCI members.
“Subsequent to the arrest ... I had gained the acquaintance of a DPCI member ... It was Captain Dale Nortje ... He was in the arresting team ... I started providing the information directly”
Lieutenant Colonel Joseph Sebola misled the Commission by stating that downloads conducted on Mr Nku's devices and suspicious content recovered were incorporated into the investigation docket. However, the disclosed docket did not contain this evidence, nor was the digital forensic report disclosed.
“Lieutenant Joseph Sebola testified that downloads were conducted on my devices and that the allegedly suspicious content recovered from those devices was incorporated into the investigation docket. ... Upon examination ... the evidence ... was conspicuously absent. More importantly, the digital forensic report was never disclosed.”
Mr Nku's interest in following up information that led to the Aeroton drug bust was motivated by the successful outcomes and expected rewards for providing executable information from confidential sources.
“my interest in following up the information that ultimately led to the Aeroton drug bust was no different. ... my motivations remained consistent with a confidential source who expected to be rewarded for giving executable information which led to a successful discovery, as I have in the past been compensated for providing information.”
The state failed to disclose the digital forensic report and accompanying validation documentation in the docket, which are primary evidentiary mechanisms for verifying authenticity, integrity, and provenance of extracted digital evidence.
“the state failed to disclose the digital forensic report and accompanying validation documentation in the docket. The absence of these materials is significant as they constitute the primary evidentiary mechanism ...”
Mr Nku affirms that the facts set out in his affidavit are true and accurate to the best of his knowledge, and that he takes the prescribed oath binding on his conscience.
“The facts set out ... are ... true and accurate representation of facts. I have no objection in taking the prescribed oath and consider the prescribed oath to be binding on my conscience.”
Mr Nku clarifies that he has been compensated in the past for providing crucial information to intelligence agencies, not just law enforcement agencies.
“‘as I have in the past been compensated for providing crucial information to intelligence agencies’, not law enforcement, to intelligence agencies ... It is two intelligence agencies.”
Mr Nku confirms that the confidential source he refers to as expecting to be rewarded for giving executable information which led to successful discovery is himself.
“in the preceding sentence where you say confidential source, that confidential source you are referring to is you. Yes, Chair.”
Mr Nku agreed that his initial statement had to be a complete and truthful account of events.
“your signed statement , the first statement , dated the 7th of May 2026 , you submitted it knowing that it had to contain a complete and truthful account of events . Do you accept that ? Absolutely.”
Mr Nku did not mention working for the intelligence agencies in his first statement but mentioned it for the first time in his supplementary statement, describing his work providing cyber intelligence support to law enforcement.
“In your first statement , there is no mention that you work for the intelligence agencies . ... And then in your second statement , being your supplementary statement , that is when you describe yourself as having worked with intelligence agencies and provided cyber intelligence support to law enforcement .”
Mr Nku said his intelligence work is on a consultative basis and not formal employment, which is why he did not initially mention it in his first statement.
“Chair , that is not work that I do formally . It is on a consultative basis and ...”
Mr Nku explained that the supplementary statement was made as a result of engagement with Evidence Leaders where clarity was sought on his type of operations, and initial questions posed by the Commission.
“In my supplementary statement , my supplementary statement is as a result of the engagement that I had with Evidence Leaders , where clarity was sought into the type of operations that I do . So , that emanates from that . Initially , I was addressing the questions posed by the Commission .”
ADV Mosikili submitted that a nickname of a person referenced in Mr Nku's statement should not be redacted as it is relevant and has been mentioned by other witnesses including Chief Mashaba and Colonel Sebola.
“my submission would be that that name , first of all , is quite relevant and connects the dots . And without any reasons being given why that name should not be mentioned , we should not protect the name without any basis . ... it is out there in the public any way , the nickname that I seek to refer to .”
Mr Nku conceded nothing prevented him from mentioning his work with intelligence agencies in the initial statement; he only elaborated further following engagement with Evidence Leaders.
“I do concede that nothing stopped me . The only reason I elaborate further was on the basis of the engagement I had with Evidence Leaders .”
ADV Baloyi stated the name must be mentioned because it will be relevant to evidence exchanges between Mr Nku and the owner of the name, particularly in WhatsApp discussions requiring witness comment.
“it does need to say who the conversation was with . So , you may avoid it her like we did when he was reading the statement , but if there is going to be qualitative discussion of the exchanges on WhatsApp on which the witness will be required to comment , it seems it may be unavoidable .”
Mr Du Plessis stated the motivation to withhold the name referred to by Mr Nku is for personal safety reasons.
“The motivation is clearly personal safety . And unless it is highly relevant why the name should be canvassed , why should the witness 's safety be compromised ?”
Mr Nku came across information from a confidential source but did not mention the source's name in his first statement due to safety concerns.
“In your first statement you state that you came across information from a confidential source. And then in your supplementary statement you now introduced this person by name as an original source of information. And the real question was that why was his name not mentioned in your first statement?”
Mr Nku initially did not detail the confidential source's identity because he had no guidance on drafting the statement and concerns about compromising safety.
“Chair, the reasons are precisely what I just stated.”
Mr Nku's supplementary statement was more detailed and given in consultation with the Evidence Leaders and legal team, providing greater clarity about the context and source.
“However, in the supplementary statement, to a greater extent, there was guidance provided because I had engaged with the Evidence Leaders along with the legal team. So I did not know how detailed must the statement be...I thought I was answering questions because there were questions posed on the initial statement.”
There is information and testimony suggesting a theory that Mr Nku is a confidential informant, and the Commission has prepared extracts of the Operational Management Process for Crime Intelligence Collection Environment document to test this theory.
“Now, there has been information and testimony to this Commission to the effect that there has been a suggestion that you are a confidential informant, and we want to test that theory. Chairperson, we have made available to the Chair a copy, and Mr Nku should have one as well. It looks like this...It is called the Operational Management Process for Crime Intelligence Collection Environment, and says Division Crime Intelligence.”
Mr Nku was initially unaware how to answer questions in his statement without guidance from the Commission's Evidence Leaders.
“As I said, Adv Mosikili, that when the Commission served me with the questions initially, I had not been given guidance as to how to provide answers. So I did not detail as much as I should have had. It was only upon when there was clarity from the Evidence Leaders as to the fact that I should give as much detail as possible pertaining to my recollection of the event.”
The process of recruiting informants involves profiling individuals or groups who might be potential sources, including recruitment approaches and the sensitive face-to-face recruitment stage.
“this deals with the process of recruiting informants ... it is a profiling ... recruitment approach strategies ... actual recruitment is the most sensitive stage of recruitment process”
The handler is responsible for managing informants professionally and must avoid unacceptable conduct such as socializing, romantic involvement, borrowing money, or paying informants without a witness.
“The handler is responsible for the achievement of set objectives ... Ensuring professional conduct at all times ... Unacceptable conduct ... includes socialising, romantic involvement, purchasing from or selling to, borrowing money, accepting gifts, paying monies to human source without a witness”
A provocation line defines the unauthorized involvement of registered human sources in acts of violence or criminal acts such as procurement, transporting, storing, or dealing in weapons or drugs, which necessitates actions against such informants.
“The following constitute a transgression of the provocation line. An unauthorised involvement of the registered human source in acts violence or any other criminal acts. For example, procurement, transporting, storing, or dealing in weapons or drugs. And this action would necessitate a course of action to be taken against such informant.”
Mr Nku considered himself a confidential source rather than having a formal handler-informer relationship with SAPS members like Lieutenant General Mfazi or Chief Mashaba.
“I regarded myself as his confidential source, not the handler-informer relationship. ... knowing that he is not a SAPS member, in the context of SAPS, I do not think that that would be the case.”
Mr Nku has provided real-time tracking information in support of law enforcement investigations but denies having a formal working relationship with a law enforcement agency.
“My work has also included the real-time tracking of information in support of law enforcement investigations. ... one is not insinuating that one has a formal relationship with any law enforcement agency within our jurisdiction.”
Mr Nku was not a registered informant with the South African Police Service (SAPS) prior to 9 July 2021 and never had a formal engagement or was recruited as an informant by Chief Mashaba.
“you have never been recruited as an informant and you have never been registered as an informant”
Mr Nku received remuneration for consultations provided to foreign intelligence agencies, but he has not been paid in South Africa for such engagements.
“Information, basic consultation provided to foreign intelligence agencies have resulted in remuneration ... In South Africa I have not been formally ... I have not been paid in South Africa.”
The details regarding payment by foreign intelligence agencies are confidential and not for public disclosure, and involve NDAs.
“That information may be shared confidentially because it involves consultation with foreign intelligence agencies ... because of the nature of the information provided or sought, it is not for public consumption. And there are NDAs to the tune.”
Mr Nku's motivation to follow up on the bust was linked to an expectation by a confidential source to be rewarded for giving executable information, and he has been compensated before for providing crucial information.
“my motivations remained consistent with a confidential source who expected to be rewarded for giving executable information, which led to a successful discovery, as I have in the past been compensated for providing crucial information”
The witness voluntarily furnished intelligence to law enforcement in the hope of contributing to successful operational outcomes and followed up on the information related to the 9th day drug bust for similar reasons.
“A s w i t h n u m e r o u s p r e v i o u s o c c a s i o n s o n w h i c h I h a d v o l u n t a r i l y f u r n i s h e d i n t e l l i g e n c e t o l a w e n f o r c e m e n t a g e n c i e s i n t h e h o p e t h a t i t w o u l d c o n t r i b u t e t o s u c c e s s f u l o p e r a t i o n a l o u t c o m e s , m y i n t e r e s t i n f o l l o w i n g u p o n t h e i n f o r m a t i o n t h a t u l t i m a t e l y l e d t o t h e A e r o t o n b u s t , d r u g b u s t , w a s n o d i ff e r e n t .”
The witness explained that their motivation was consistent with a confidential source who expected to be rewarded for providing executable information, despite not expecting compensation for this particular drug bust.
“B e y o n d t h a t , m y m o t i v a t i o n r e m a i n e d c o n s i s t e n t w i t h a c o n f i d e n t i a l s o u r c e w h o e x p e c t e d t o b e r e w a r d e d f o r g i v i n g e x e c u t a b l e i n f o r m a t i o n w h i c h l e d t o a s u c c e s s f u l d i s c o v e r y.”
The witness clarified that while they have been compensated in the past for providing crucial information to other (including foreign) intelligence agencies, they did not expect compensation for the drug bust operations discussed here.
“"A s I h a v e i n t h e p a s t b e e n c o m p e n s a t e d f o r p r o v i d i n g c r u c i a l i n f o r m a t i o n f o r o t h e r ..." ... [ i n t e r v e n e s ] .”
The witness was present throughout the drug bust operation on the 9th and was actively involved by escorting police members, taking pictures or videos, and parking on the Scania property.
“When they get to Scania, you drive in with them, you park. We know later on that you actually take pictures or a video because you tell us that. ...”
The witness was instructed by Chief Mashaba to follow law enforcement officers during the drug bust, despite their initial expectation to only point out the location.
“...I w a s o f t h e i m p r e s s i o n t h a t a n o p e r a t i o n w a s g o i n g t o b e c o n d u c t e d a t Ye l l o w J e r s e y. H o w e v e r, a d e c i s i o n w a s t a k e n a n d I w o u l d d e e m m y s e l f a b y s t a n d e r t o t h a t d e c i s i o n b e c a u s e u p o n C h i e f M a s h a b a ' s r e t u r n w i t h Wa r r a n t O ff i c e r M a g a n e , I w a s i n s t r u c t e d t o f o l l o w b y C h i e f M a s h a b a ...”
The witness asserted that although they provided information leading to the drug bust and are recognized as a good source by Chief Mashaba, the reason for physically accompanying police to the property and parking remains unexplained by them.
“... Chief Mashaba knows that you have provided the information to him, if he is the correct person that you are seeking to impress. The questions still remains, why are you there on the day ... Why are you going with them to Scania? Why are you getting to the property? Why do you park? Why are you taking pictures? What is your interest?”
Mr Nku was not near Yellow Jersey but parked over 500 meters away and would have vacated if he saw more police officers arriving.
“I was very far from Yellow Jersey. I was not even within the Yellow Jersey vicinity. I had parked 500 metres and more away from Yellow Jersey. Had I seen more police officers coming in , I would have definitely have vacated.”
Mr Nku said that even without an instruction to go with the police, he would still have gone out of curiosity to see that the drugs end up in the right hands (the police).
“even if Chief Mashaba had not , you say he instructed you to come , even if he had not instructed you to go with , you would still have gone ? Because you are curious and you want to see that this ends up in the right hands , the right hands being the police .”
Mr Nku became part of the entourage that ended up at Scania out of curiosity to see if the information he gave was correct, not to see the drugs being handled.
“I become part of the entourage . Not being curious to see any contents being handled , but curious to see that the information checks out .”
Mr Nku says that if Chief Mashaba had not instructed him to tag along, he would not have done so, as he does not know law enforcement protocols.
“I do not think I would have tagged along because I do not know the protocols of law enforcement , what is required . So , him giving that instruction , in my mind it was okay , it is okay , you can tag along .”
Mr Nku provided information about Yellow Jersey Logistics to Chief Mashaba; the decision to move the scene elsewhere was made without Mr Nku's presence.
“The sin that I provided was Yellow Jersey Logistics . That is the sin that I provided to Chief Mashaba . That is why all the relevant information was given to the two . It relates to Yellow Jersey Logistics . To move the sin elsewhere , it is a decision taken in my absence .”
Mr Nku claims that if he intended to be part of the operation, he would have driven with the police into Yellow Jersey; his role was limited to providing information, so he stayed behind and awaited instructions.
“If I wanted to be part of an operation , why not do it at the point of origin , at Yellow Jersey ? Because that would imply I knew that they were going to release the truck to go out . That is a decision they took , void of my presence . So if they had taken the intel , called all the relevant people there at Yellow Jersey , there would not have had to be an need for me to tag along because there was never prior communication or any communication while they were at Yellow Jersey.”
Mr Nku requested to leave the scene at Aeroton before the arrival of Warrant Officer Phakula, and asked Chief Mashaba to leave as well, citing waiting for the Crime Scene Manager who might have questions for Chief Mashaba.
“I requested to leave . I requested Chief Mashaba to leave . And the reason provided was wait for the Crime Scene Manager, he might have questions for you .”
Advocate Mosikili accuses Mr Nku of tailoring his evidence regarding his alleged wanting to leave and being present at a scene, presenting new evidence inconsistent with prior witness statements and his own earlier statements.
“You see, that is my difficulty with your testimony all along, is that you tailor evidence as you go by. None of the witnesses who came to testify, not Chief Mashaba, said anything about you leaving. You have provided three statements. None of those statements mentioned you ever wanting to leave. It is now that you are cornered as to why you insisted on being there. You are being faced with black and white evidence as to why you insisted on being there. Now you are giving us completely new evidence that, in fact, at some stage, you wanted to be relinquished. And I put it to you, that is a typical case of tailoring evidence as you go and that is highly unsustainable because it is not supported by the true facts.”
Advocate Baloyi challenges the logic of Chief Mashaba instructing Mr Nku to come to the scene, arguing it served no purpose since Mr Nku was to remain in his car and had already provided vehicle details.
“You may have made that kind of call, but I think the point is, it does not make sense that Chief Mashaba would invite you to go to the scene or to use your language, instruct you, because you serve no purpose ... You have given them the details of the vehicle, you can see it, there is the truck with the container ... So it does not make sense that he would instruct you to come with ...”
Mr Nku asserts that he made a call to Chief Mashaba while at the scene, requesting something though the exact nature is not specified in the excerpt.
“I made a call to him while we were at the scene. While I was sitting in my car, if my memory serves me well, I did make a call to Chief Mashaba to make such a request.”
Mr Nku claims that he wanted to see the drugs he had identified to confirm they were taken by the correct people, explaining that as the reason for his presence at the scene.
“You say I wanted to see that the drugs that I have identified, and I was curious ... I see that the drugs that I have identified are in fact taken and they are taken by the correct people”
Mr Nku assumed from the time of leaving Yellow Jersey Logistics, that Chief Mashaba might have wanted him at the scene to act as crime scene manager, which prevented him from leaving earlier.
“From the initial point of leaving Yellow Jersey Logistics, I assume after the fact that maybe the reason why Chief Mashaba might have wanted me was for this crime scene manager, because that is what stopped me from leaving.”
Advocate Baloyi states that Mr Nku and Warrant Officer Magane were sufficient to handle the drugs and that they planned to take the drugs to Zonkizizwe or Alberton, but Mr Nku did not want others to know about these drugs and did not tell his superiors because of distrust.
“He and Warrant Officer Magane were sufficient. They were going to take those drugs, and their plan, I think he said one of them said we will take them to Zonkizizwe, another one said would have taken them to Alberton ... he did not want anyone else to know about these drugs, and we had a lengthy debate with him about this bust. He did not tell his superiors, he did not tell anybody because he does not trust people.”
Mr Nku warns that the drugs involve senior people in the SAPS and was careful whom he involved, hence he did not want to spread the word about the bust.
“He was quite careful who to involve ... You warned him that these drugs belong or involve some senior people in the SAPS, so he was quite careful who to involve ... It was his, Magane's operation, and yours ...”
Mr Nku called Chief Mashaba at the last moment because someone else was supposed to assemble a team to run the operation.
“The reason why I called Chief Mashaba, amongst other things, at the last moment, hence I said because someone else was supposed to assemble a team to run the operation.”
Advocate Baloyi suggests that if Mr Nku said he warned Chief Mashaba not to share drug information with senior officials because of their interest, that would be incorrect or a lie.
“So if he said to us that you warned or cautioned him not to share the information with senior officials because they have an interest in these drugs, that would be incorrect? You did not say that to him?”
Mr Nku confirms that if Chief Mashaba said he was warned not to share drug information with senior officials, he must have misunderstood him; Mr Nku denies instructing such a restriction.
“He would have misunderstood me ... So, I do not deny that ... What I deny is instructing ... I would say giving him an instruction of not involving high-ranking officials ... He would have misunderstood me.”
Advocate Baloyi suggests Chief Mashaba was either dishonest about what Mr Nku said or misunderstood Mr Nku's communication.
“Or he would have been dishonest with us. Either he misunderstood you in what you conveyed, or he in fact understood you and lied to us to say that is what you said. Either or. It could be anyone of the two.”
Mr Nku testifies that he did not instruct Chief Mashaba not to share information about the drugs with senior members of law enforcement, but warned him only to be careful to whom he disseminated information.
“I do not deny that. What I deny is instructing, or I would say giving him an instruction of not involving high-ranking officials while at the back of my mind, I knew that there had been an operation that was conducted through a high-ranking official ... So the warning was limited to be careful who you disseminate the information to because I knew in my mind that there is already rapport with him and the Provincial Commissioner at the time.”
Mr Nku says if he wanted to be part of the operation, he would have done so from the start at Yellow Jersey, not joining later at Scania without prior discussions.
“If I really wanted to be part, then why not do it at the first instance? Why not be part where – because where I provided information, I am certain that everything is there inside, in Yellow Jersey. I should have been part from the onset. I should have went in with them. That is where I feel that if I needed or wanted to be part, I should have rather been part at Yellow Jersey, not after the fact at Scania. Because I never had any prior discussions regarding Scania. I was just told after the fact when moving out that we are going to Aeroton.”
Mr Nku met with Chief Mashaba at a filling station and drove with him towards Yellow Jersey, parking at a distant company, while Warrant Officer Magane came later.
“I met with Chief Mashaba elsewhere. I believe it was at the filling station. So him and I drove towards Yellow Jersey... I parked at a distant company... then from there, that is when Warrant Officer Magane came”
Warrant Officer Magane's statement says he found Mr Nku at Yellow Jersey, implying Mr Nku and Chief Mashaba drove from elsewhere to Yellow Jersey together.
“Warrant Officer Magane says he found you there... it may well be that you and Mashaba drove from somewhere else to there”
Mr Nku chose to stay out of sight at a distant parking location to maintain anonymity and avoid being spotted by Yellow Jersey employees during police operations.
“I stayed out of the line of sight solely to maintain my anonymity... no one from Yellow Jersey could have said that they spotted me... I was confident that I do not disturb any of the affairs of the operation”
Mr Nku admits he did not leave the vicinity during the operations because he wanted to verify information due to mistrust in Chief Mashaba, stemming from previous experience of unreliability in information sharing.
“for me to leave without verifying ... not fully trusting Chief Mashaba ... I wanted to verify... I was forced to stay”
Mr Nku confirms he was instructed to leave, but his reasons for staying behind were not a result of that instruction, rather personal choice based on lack of trust in Chief Mashaba and wanting to verify information.
“My reasons for leaving was as a result of that instruction ... some reasons for staying was not as a result of an instruction”
Mr. Nku conceded that he was not expecting to get paid or rewarded for a particular operation called the Aeroton operation, at least not immediately, but hoped to build a profile for potential future reward.
“you then conceded that you were not expecting to get paid, at least on this operation, or be rewarded”
Mr. Nku was carrying R60000 with him, which he initially said was for travelling costs, but also mentioned that acquiring technical intelligence almost comes at a cost and used the money at his disposal for that.
“you have R60000 with you. You first say that it was for travelling costs ... acquiring technical intel almost comes at a cost...money at my disposal”
Mr. Nku took advantage of having R60000 at his disposal to use for travel expenses and other payments, sometimes making deposits rather than paying in cash.
“I took advantage of the money being at my disposal...used the funds for travelling...to make deposits”
Mr Nku stated he did not expect to make any transactional use of the cash beyond accommodation and tolls, but carried all the cash as a safety measure.
“I would have expected to make transactions, but other than have a safety path of having money”
Mr Nku admitted he took an advantage by travelling with cash that should have been deposited, implying he used customer money for personal purposes temporarily.
“The advantage is that I took money from customers which I ought to have deposited”
Mr Nku claimed the people whose information he was following up on had relationships with high-ranking officials, implying surveillance risks and need for discretion.
“The people whose information I am following up upon have got relationships with high-ranking officials. Anyone snooping around, it definitely does, there is exposure”
There is a question as to why such a large amount of cash was carried while assisting in removing drugs from the system, but no cogent explanation has been provided.
“some may think you had that much cash to pay out those who had assisted in getting these drugs out of the system and taking them to whatever destination”
The witness concedes that the cash taken was not their money but company money, which they took advantage of and used without proper authorization.
“To that truth, I do concede that was not my money to take. I am not saying, when I say petty cash, it was not my money, Chair. It was money belonging to the company, which I took advantage of because my thought process was I do not know how much I will need”
The witness admits that at the time of their travel, they did not know the type of hotel they would be accommodated in, and taking the cash was a spur of the moment decision due to cash being at one's disposal.
“I did not know the type of hotel that I would be accommodated in. There are much more expensive hotels in the area ... it was a spur of a moment because cash was at one's disposal. I did not take a subconscious decision of taking the total sum, but just taking some”
The witness travelled to Durban without making a hotel booking or reservation, and spent a large sum of money on accommodation and tolls without prior planning.
“So you leave Johannesburg not having made a booking or a reservation. You drive all the way to Durban, and even along the way you do not make a reservation. So you will basically see how much you spend when you arrive in Durban.”
The witness did not have exact details of the container number until very late and only had general intelligence about 11 containers, prioritizing which to follow up.
“I did not have that until the very end, if I am not mistaken. If it is not the 8th, it would be the 7th. It was up until the very end. I knew that there would be, my intel was that there would be 11 containers, but obviously, because there are some that would need following up upon. Hence, I say one checks which ones are prioritised”
The witness had detailed information about the timing of the vessel leaving Brazil and docking, contradicting their claim of not knowing how long they would be in Durban.
“You knew the vessel has left Brazil. You knew it is docking. Otherwise, you are going there on the 7th and not on the 2nd or on the 20th of July. It does not make sense. So you had enough information to know that it has, and it must be so, that you knew it has left Brazil. You knew it is expected to dock on a certain date”
Mr. Nku leverages his resources and incurs costs upfront while expecting to be remunerated or to gain future returns through his intelligence activity.
“I am still someone who is in business and one understands leveraging resources for future returns ... the costs that one incurs along the way would be remunerated or would be equalised at a much later stage”
Mr. Nku seeks to be registered as an informant and to be paid for his information, despite not needing to be registered or paid if his intention was only to assist law enforcement.
“You want to be registered as an informant and then eventually you will be paid for it ... if your interest is to assist law enforcement, you do not need to be registered ... or paying ... but you want to be registered as an informant and get paid for it”
Mr. Nku’s interest in providing information is not solely financial gain but also includes long-term opportunities such as selling technology to law enforcement.
“For me, I view it as there had been a plethora of opportunities that would even extend to ... selling tech to our law enforcement ... help long-term”
Mr. Nku left Johannesburg for Durban primarily to follow up on his source related to containers, because his usual contact stopped communicating and the source would not exchange information on telephone.
“the main reasons was one of my sources ... did not want to exchange information on any telephonic platform ... the person that I'd been calling throughout was no longer picking up my calls ... I was left to follow up on the information on my own”
Mr. Nku returned from Durban to Johannesburg because he had identified actionable intelligence about a specific container, and his interest in other containers had concluded.
“my reason for coming back was upon identifying this specific container ... I had conclusive details on, information on, that I can pass something that I would deem as actionable intel ... you were no longer interested in the other containers because you had intel, verified intel, in relation to this one container. Your job in Durban was done ... You could come back to Johannesburg”
Mr. Nku traveled to Durban to verify information relating to a container and then passed the information to the police, with no immediate benefit to his company except potential future benefits.
“The only benefit to you was that the information will be verified and you will pass it on to the police”
Mr. Nku had repeated engagements with Chief Mashaba about being accepted as an informant, but these engagements felt like a perpetual 'come-back-tomorrow' scenario.
“We have had those engagements, Chair. We have had those engagements. Though I felt that it was always a come-back-tomorrow story.”
Mr Nku stayed in Durban for one night and it was not due to lack of money.
“there was no money issue about you staying another night in Durban . You went to Durban , you were there for one night . You had enough money , it is not the reason you came back .”
Mr Nku explained the truck did not stop at weighbridges and he only got details of the truck later that day after it had departed from KwaZulu-Natal (KZN).
“The reason why I say that it had crossed through these weighbridges is because the truck details themselves , I got them late on the day . It had departed .”
Mr Nku trailed the truck carrying a container of interest all the way to Johannesburg instead of relaying the information earlier to Chief Mashaba to act on it.
“Instead you trailed this truck all the way to Johannesburg . Explain that , which does not make sense .”
Mr Nku had access to information about multiple containers flagged as potentially containing illicit stuff which he did not share fully with law enforcement.
“You have other trucks , other containers , you tell us , that have been flagged as potentially containing illicit stuff .”
Chief Mashaba did not have full information about the truck's travel pattern or that it did not stop at weighbridges when he first spoke to Mr Nku; someone else was providing Mr Nku with this information.
“Chief Mashaba said he'd did not have full information when he had the first conversation with you...So it could not have been your source on the 8th that the truck has arrived in Johannesburg...So someone else told you this truck did not stop at weighbridges...Chief Mashaba could not tell you that it did not stop at weighbridges. He knows nothing about it.”
Mr Nku had sources within the Yellow Jersey company who informed him about a truck's travel pattern and arrival times, including that the truck did not stop at weighbridges.
“I had sources through my sourcing, I had sources in the Yellow Jersey company. And that is how it got reiterated, that when a truck travels in this manner, usually there is definitely something.”
ADV Mosikili challenged Mr Nku's contradictory reasons for having the R6000 cash amount and the use of that money.
“Mr Nku, perhaps we can wrap up the topic on reasons why you had the R6000 cash on you. And I still persist that you keep on giving contradictory reasons for various questions that I put to you...And then later on, you said, no, this was a petty cash...Then later on, again, you said, no, not no, that amount actually is the entire amount that you received through your clients who were paying you in cash...And if we were to look at your bank account and find you have actually not telling the truth because you have been swiping that card going to Durban, that means it is not true that amount was, you had that amount because you wanted to remain discreet.”
Mr Nku received R6000 cash which he explained as partly for travel costs and partly for paying for intelligence. Later he also described the money as petty cash derived from clients paying him in cash.
“On your statement, at least,you had mentioned it was part of the travel costs, and part of it could have been used for paying for intel...You added a new one. You said, no, this was petty cash...Moneys received through clients in a form of cash payment can be registered as petty cash.”
The toll payments on the 7th and 8th of July were made at De Hoek Toll Plaza in the KwaZulu-Natal (KZN) region, showing travel in one direction and then the opposite the next day.
“...there is De Hoek Plaza, where there is a payment of R53. And De Hoek Toll Plaza, it is in the region of KZN...”
MR NKUDay 126 · 25 Jun 2026Refers to: 7-8 July 2021Location: De Hoek Toll Plaza, KZN
There are two date columns on the bank statements: one for the reconciliation date and one for the date the transaction was initiated or occurred, causing some confusion.
“...the two columns, one could be the date when a transaction reflects in a bank statement, and then another could be the date when the transaction actually happened...”
Advocate Mosikili contends that the money Mr Nku kept was not merely to remain discreet by avoiding card transactions, implying the money had a specific purpose possibly connected to payments to Mr Mashaba.
“...your reason that you wanted to remain discreet does not hold water. And we will make submissions... that R60000 had a particular purpose it had to serve. It was not merely there to be spent...”
Mr Nku had previously transferred funds to Chief Mashaba before 9 July 2021 and had the means to make further payments on that date if necessary.
“...you have made payments to Mr Mashaba before, or Chief Mashaba before... ...on the 9th of July 2021, you had the means to make further payment to him...”
Adv Mosikili suggests that the money found with Mr Nku on the day and his previous dealings with Mr Mashaba imply the money could have been used for those who assisted him, including Mr Mashaba.
“hence, I am saying, on the scene on that day, you being found with that kind of amount and having dealt with, or at least having in this Commission been informed of your previous dealings with Mr Mashaba, the idea that, for now at least, that money could have been used for those who assisted you, including Mr Mashaba, is not far fetched”
Mr Nku suggests the only reason he might not have used the cash was convenience, but is inconsistent on whether he used cash or card for tolls and accommodation expenses.
“The only thing that comes to mind, as I say, Chair, it would have been convenience”
Adv Baloy accuses Mr Nku of undermining his explanation for carrying cash by pointing out he drove and used credit card at toll gates, leaving a footprint.
“your reason that you gave why you have cash, you say it is because you wanted to travel discretely. It is completely undermined by the fact that you are driving, for one. Two, you are using your credit card at toll gates. So, if you were really concerned about not leaving a footprint there, which is another reason that puts doubt on your explanation why you had the money at the crime scene on the day”
Mr Nku admits that most tolls were paid with his card, although some tolls were paid in cash.
“I am of the view that the tolls that I paid cash in, or rather I paid via card, it was not necessarily all the tolls. It would seem there are tolls that I paid cash, but going forward, going to, it would seem I used ...”
MR NKU admitted he used cash for fuel during travel but mostly used his cards for toll payments, which contradicts two main reasons he gave for carrying large amounts of cash: paying tolls and traveling discreetly.
“I certainly used cash . [..] significantly , substantially , you used your cards for tolls . That is the main point . And add to that the fuel , the fuel .”
MR NKU carried a huge amount of cash in his car on the 9th, which was questioned as it might have been for reasons other than those he gave, such as paying tolls discreetly or for fuel.
“once you have all these difficulties , that tends to suggest that you having that much money in your car at Aeroton on the 9th may well be that you had that cash for some other reason , not the reason that you have given us .”