Deputy National Commissioner for Crime Detection, Lt-Gen Shadrack Sibiya, testified before the Commission and tried to delay examination about his relationship with Sergeant Nkosi until after Nkosi finished testifying, but the Chairperson refused the ruling.
“On 26 February 2026, Deputy National Commissioner for Crime Detection, Lt-Gen Shadrack Sibiya, testified before the Commission ... he sought a ruling that the Commission's Evidence Leaders should not examine him on issues relating to his relationship with Sergeant Nkosi until the latter had concluded his evidence. I refused to make that ruling.”
Sergeant Fannie Ezekiel Nkosi was initially allowed to testify remotely and off camera to protect his identity, but his name and image were inadvertently revealed through a live-streamed video clip and testimony, placing him at risk.
“Sergeant Nkosi was identified by name. The effect of that was that the public was put in the position of being able to connect the Sergeant's name and his face as depicted in the video clip ... Crucially, the video clip was played during a public hearing, which was live-streamed.”
Sergeant Nkosi fetched a paper bag from the home of Katiso Molefe, who is an accused in the murder of Armand Swart, and this was shown in a video clip played during a public hearing.
“Previously, General Khumalo's testimony revealed that Sergeant Nkosi fetched a paper bag from the home of Mr Katiso Molefe, one of the accused in the murder of Mr Armand Swart. During the testimony, a video clip depicting this event was played, showing both Mr Molefe and Sergeant Nkosi.”
General Sibiya was called to testify about events including a meeting with Vusi Cat Matlala in or about February 2024 and a party at General Sibiya's house attended by Matlala in September 2024.
“General Sibiya was called upon to testify, including the meeting held at General Sibiya's office between him and Mr Vusi Cat Matlala during or about February 2024, and a party held at General Sibiya's house at which Mr Matlala was present on 14 September 2024.”
Sergeant Nkosi's statement mentions his relationship with Jothan Msibi, Vusi Cat Matlala, Katiso Molefe, General Sibiya, and General Shibiri but does not implicate any person in criminal wrongdoing.
“In his witness statement, Sergeant Nkosi deals with his relationship with Mr Jothan Msibi, Mr Matlala, Mr Katiso Molefe, General Sibiya, and General Shibiri. He does not implicate any of them or any other persons in criminal activity or wrongdoing.”
Sergeant Nkosi fears for his safety due to alleged calls or texts from the African National Congress and other high-ranking members and supporters discouraging him from testifying further.
“Since he last appeared before the Commission, his safety risk has increased tremendously after he allegedly received calls or texts from: "The African National Congress, Parliament, Portfolio Committee, ANC Soshanguve Branch." He also mentions a few high-ranking members of the ANC ... Supporters and loyalists of two of the high-ranking members of the ANC, he says these persons have contacted him to discourage him from testifying further.”
The order of 30 January 2025 to have Sergeant Nkosi testify remotely only served to shield him from the discomfort of testifying in public, and is no longer justified as there is no cogent basis for fearing for his life from the evidence he intends to present.
“The order of 30 January 2025 only serves to shield Sergeant Nkosi from the discomfort of testifying in public. This is not the purpose of full or partial in-camera hearings. The sergeant will be questioned about his visit to Mr Katiso Molefe's house, during which he was seen leaving with a paper bag, evidence already presented by an earlier witness who showed his face and identified him by name. His image and name are, therefore, known to the public. While the Commission takes the safety of its witnesses seriously and will take all reasonable measures to ensure that its witnesses are not put at risk, it is clear to me that Sergeant Nkosi is no longer justified to testify, or rather, the order that he continue testifying remotely is no longer justified. There is no cogent basis for believing that any of the evidence he intends to present will place his life in danger. It was for these reasons that I made the order of 3 March 2026.”
Sergeant Nkosi's witness statement does not implicate any politician or relation to the Commission's terms of reference and does not allege risks to his safety from attending the Commission venue.
“Sergeant Nkosi does not say that any of these relationships with politicians are relevant to the Commission's terms of reference. His witness statement does not implicate any of these politicians in any wrongdoing, and he does not allege that he intends to implicate these persons when his evidence resumes. Accordingly, it is not apparent on what basis any of the grounds on which Sergeant Nkosi relies are relevant to the question whether he should continue giving evidence remotely and off-camera. Importantly, he does not state how, if at all, attendance at the commission's venue poses any risk to his safety.”
Sergeant Nkosi sent Mr Matlala a warrant for the arrest of Mr Khawula on 21 October 2024 because Mr Matlala frequented similar places as Mr Khawula and could effect the arrest if he saw him there.
“I did not say there were not enough police officials to arrest Mr Khawula. I said I sent the warrant to Mr Matlala because whenever he goes to the pubs or places to have fun, he sees or he might see Mr Khawula and then he will effect the arrest or call the cops and show them the warrants so that they must arrest Mr Khawula.”
Sergeant Nkosi received payments from Mr Matlala, including R20000 on 27 October 2023 and R5000 on 23 May 2024, but does not recall receiving other payments beyond those.
“Did you receive any other payments from Mr Matlala beyond those payments ? No that I remember. Not that you remember ? Yes.”
Sergeant Nkosi identified the exact location of Mr Matlala's farm, which is in the Mokopane district before Limpopo province, and will make that information available via his attorney.
“That is correct . It is in one of the files . I will check it now . But I have got it in , not exactly in Limpopo , but before Limpopo is Mokopane . That is correct . That is correct . Definitely .”
Sergeant Nkosi established the September 2024 date for the first meeting by inferentially using the contract award date, noting issues with payments around that time.
“I recall that it must have been around September because that was when Mr Matlala had issues with his payments”
Sergeant Nkosi states it is plausible that the first meeting could have happened in or before September 2024, and that the Thanksgiving celebration was after the meeting.
“there are possibilities that the meeting occurred before the month of September or in September, but I can confirm that the Thanksgiving came after the meeting”
Sergeant Nkosi started communicating more frequently with Mr Matlala only after the first meeting with General Sibiya, which was before the Thanksgiving celebration.
“that is when I started to communicate more often with Mr Matlala after their first meeting that I was aware about”
There was an exchange of messages on 21 March 2024 regarding the delivery of Impalas to General Sibiya's home, six months before the first meeting between Mr Matlala and General Sibiya as stated.
“You got a voice call forwarded to you by Mr Matlala on the 21st of March asking for details as to where the Impalas should be delivered”
ADV CHASKALSON SCDay 78 · 16 Mar 2026Refers to: 21 March 2024Location: General Sibiya's home
Sergeant Nkosi explains that Mr Matlala sent him a voice note which he forwarded to General Sibiya and received back a location from General Sibiya to give to Mr Matlala regarding the Impala delivery.
“Mr Matlala sent me the voice note. I sent the same voice note to General Sibiya. General Sibiya sent me feedback. I sent it to Mr Matlala. But I did not take part on the said arrangement”
Sergeant Nkosi confirms the message sent to General Sibiya on 21 March 2024 included the text 'Morning, it is from Cat' indicating General Sibiya would know who Cat was.
“You say the message to General Sibiya on 21st of March at 07:25:24 in the morning was ‘Morning, it is from Cat’”
Sergeant Nkosi says he never stated that the first time Mr Matlala met General Sibiya was when he escorted Mr Matlala downstairs at SAPS, only that it was the first meeting in his presence.
“I have never said the first time they met each other. I said when I collected Cat downstairs. He was at General Sibiya to complain about his payment, not that they met for the first time”
Sergeant Nkosi confirms that forwarding the voice note with the phrase 'Morning, it is from Cat' implies General Sibiya knew who Cat was on 21 March 2024.
“I am not sure that I am getting what you are saying. Can you repeat that? ... That is correct”
Sergeant Nkosi clarifies that 'Cat' and Mr Matlala are the same person, and both he and General Sibiya knew who Cat was and the name belonged to Mr Matlala.
“That is issue of Cat, Cat and Mr Matlala are one and the same person. And myself and General Sibiya know who Cat is, what the name Cat belongs to”
General Sibiya denies calling Witness F to his office or asking him to be a go-between with Mr Matlala in December 2023.
“He says : " That did not happen . " He denies that he asked Witness F, who is yourself, to be the go-between between you and Mr Matlala . He says , I never made such a request .”
Sergeant Nkosi denies discussing Mr Matlala's affidavit in the urgent application with Advocate Hassim and says that Mr Matlala's statements in the affidavit are untruthful.
“When he says that he never discussed what Mr Matlala discussed with you, what Mr Matlala's affidavit in the urgent application said about him, is he being truthful or untruthful ? - Untruthful .”
General Sibiya instructed Sergeant Nkosi to forward the arrest warrant to Mr Matlala because Mr Matlala had a security company and Musa usually goes on weekends.
“On our way we received a call from General Sibiya telling me that I must forward this warrant to Mr Matlala, because at that time Mr Matlala had a security company. According to General Sibiya, Mr Matlala and his security company always have the provision where Musa usually goes on the weekends.”
Sergeant Nkosi stands by his evidence that General Sibiya gave him the instruction to forward the warrant to Mr Matlala and suggests General Sibiya may have forgotten denying that.
“Maybe he forgot, but according to me, he did give me that instruction .”
General Sibiya informed Sergeant Nkosi that he was receiving pressure from head office, specifically from the Deputy Minister's office, regarding a matter involving an insult to a Member of Parliament and a crime created against Fikile Mbalula, secretary of the ANC.
“After 45 minutes I received again a call from General Sibiya telling me that or confirming to me about what already General Ramangwa had said to me, that this is a matter of importance. The person involved there, he did not mention who he was, but he mentioned to me he is getting pressure from head office. Head office, the office of the Deputy Minister, he is getting pressure from them... He said this guy insulted a member of Parliament. He told me now the member that he created a crime against is Fikile Mbalula, the secretary of the ANC.”
General Sibiya stated that Sergeant Nkosi was not telling the truth regarding the claim that he would never ask about the importance of a particular operation.
“I think, Chair, that I must tell you that Mr Nkosi is not telling the truth.”
Sergeant Nkosi claims he was with Captain Zungu and General Sibiya when he received a call, and maintains the words that he had pressure from the Deputy Minister.
“When he called, I was with Captain Zungu in a vehicle and General Sibiya was on speaker. I still maintain the words. He said that.”
Sergeant Nkosi stated he was aware that 'Ze' was one of the complainants but initially did not know Ze’s surname, which he later identified as Nxumalo.
“When you testified in February, you said you were not aware of Ze's surname. You said Ze was one of the complainants but you did not know his surname... I was not sure about his surname... Yes, but I knew him... Nxumalo... That is correct.”
Sergeant Nkosi often communicates by telephone with the person who sent him the vehicle registration details and visits Mr Nxumalo at his home, who is his brother.
“I know I do usually talk to him a lot. ... That is correct. He is my brother.”
Despite seeing Mr Nxumalo's face in the media, Sergeant Nkosi was not sure of his surname and did not notice it at the time.
“I was not sure. Not knowing, I was not sure. ... I do not know. ... Yes. ... Yes. ... No. ... To me, it is possible. You just check a face, I know this face, then you do not even bother to check what is below that.”
Sergeant Nkosi has visited Mr Nxumalo's home multiple times but could not specify how often.
“I am just sceptical in saying how many times because I will be closing myself in, when I say three times or 10 times, you find that I went there 10, 80 times. So, I ...”
Sergeant Nkosi and the person who sent vehicle details had a conversation on 22 March 2023 where the person said he would call shortly and Sergeant Nkosi responded "Agent."
“He says: “I will call you shortly.” Your response is: “Agent.””
Sergeant Nkosi considered calling the person who sent him vehicle registration details urgent, or the term "agent" in the chat might have been a misspelling for urgent.
“I think the Chair’s suggestion makes a lot of sense. Is it possible that you meant urgent and it was just misspelt agent?”
Mr Msibi was suffering from a condition causing vomiting and inability to eat, requiring medication sourced from Cape Town arranged by Mr Nxumalo.
“At that time, Mr Msibi was suffering from Itrist [ ? ]. Ja, if I am not mistake, if I pronounce it correctly. So, Ze had ordered a medication in Cape Town. So, he promised Mr Msibi that he would deliver. But I think according to him, due to unforeseen circumstances, then I had to collect.”
Sergeant Nkosi does not know what happened to Mr Msibi during the four-day period when medication was not collected but believes he got temporary medication from ordinary medical practitioners.
“I do not know what really happened to him , but I believe maybe he got the temporary medication to keep him going before this medication could be collected .”
Mr Nxumalo sent Sergeant Nkosi various documents on 17th October 2024 including Mr Khawula's profiling report, consumer tracer report, and identity details.
“And those were what Mr Nxumalo sent you on the 17th of October 2024 .”
ADV CHASKALSON SC / SERGEANT NKOSIDay 78 · 16 Mar 2026Refers to: 17 October 2024
Sergeant Nkosi received the warrant of arrest from Mr Nxumalo at the very least on 21 October 2024 at 1:39 am.
“But you, at the very least, you also received it from Mr Nxumalo . I confirm . And your received it from him at 1:39 in the morning . That is correct . Of the 21st of October . That is correct .”
ADV CHASKALSON SC / SERGEANT NKOSIDay 78 · 16 Mar 2026Refers to: 21 October 2024
Sergeant Nkosi confirms that complainants normally have access to warrants of arrest, but he had never seen a complainant with one before.
“Do complainants normally have access to warrants of arrest ? That is correct . They do ? That is correct, if they are complainants, according to me . Which other complainants have you seen in possession of warrants of arrest ? None . None ? Yes . This is the first time you have come across a complainant who had a warrant of arrest ? Yes . This was my first time, Commissioner .”
Sergeant Nkosi states he did not use police powers or police status to give the contact number to the complainant; the information was provided in a civilian capacity.
“I did not use any police powers on this contact or on this investigation to give it to the complainant.”
Sergeant Nkosi felt Ze was venting frustration about the slow progress of the investigation rather than pushing him; he did not feel pressured by Ze.
“I do not feel, I never felt that he was pushing me. I felt maybe he was just venting out the frustration that you open a case and there is no movement, then you cause people that think might help.”
Complaint by Mr Nxumalo against Mr Khawula may not fall under organized crime category, but the matter is pursued according to the functions of the organized crime unit.
“This complaint by Mr Nxumalo against Mr Khawula, does it fall in the category of organised crime cases?”
Sergeant Nkosi suspects Mr Khawula of being involved in organised crime due to repeated failure to appear in court, issuance of arrest warrants, and subsequent lack of arrest.
“I t d o e s n o t f a l l o n o r g a n i s e d c r i m e . B u t a c c o r d i n g t o m e , b a s e d o n M r K h a w u l a , h e h a s b e e n a r r e s t e d , g i v e n b a i l d o e s n o t a p p e a r , w a r r a n t o f a r r e s t i s i s s u e d , a n d t h e n h e i s n o t a r r e s t e d . A r r e s t e d s o m e w h e r e a g a i n , d o e s n o t a t t e n d , a n d t h e n a n o t h e r w a r r a n t o f a r r e s t i s i s s u e d . T h e n , a s o r g a n i s e d c r i m e , w e s t a r t t o t h i n k , w h y i s t h i s o n e n o t b e i n g a r r e s t e d ? T h e n w e s t a r t t o g e t i n v o l v e d . Th a t i s a c c o r d i n g t o m e .”
Sergeant Nkosi suspected Mr Khawula of involvement with organised crime because he missed appearances.
“S o , y o u s u s p e c t e d h i m , b e c a u s e h e h a s b e e n m i s s i n g a p p e a r a n c e s , y o u s u s p e c t e d h i m t o b e i n v o l v e d w i t h o r g a n i s e d c r i m e ?”
Sergeant Nkosi said his relationship with General Sibiya allowed him to ask questions, while with Brigadier Ramangwa he only takes instructions.
“I t d e p e n d s o n t h e r e l a t i o n s h i p . M y r e l a t i o n s h i p w i t h G e n e r a l S i b i y a w a s a r e l a t i o n s h i p w h e r e I c o u l d a s k . A n d n o w m y r e l a t i o n s h i p w i t h B r i g a d i e r R a m a n g w a i s t h e r e l a t i o n s h i p t h a t I j u s t t a k e i n s t r u c t i o n s t h a t b e c a u s e o f i t t o o k i n s t r u c t i o n f r o m s o m e w h e r e .”
General Sibiya was under pressure in the case involving complainants Minister Mbalula and Ze who carry political weight.
“G e n e r a l S i b i y a h a d s a i d h e i s u n d e r p r e s s u r e i n r e l a t i o n t o t h i s c a s e b e c a u s e t h e c o m p l a i n t s a r e M i n i s t e r M b a l u l a a n d Ze , a n d t h e y c a r r y p o l i t i c a l w e i g h t .”
To prevent information leakage and avoid being refused entry by police, tickets to an event where Musa Khawula would perform were arranged.
“A n d t h e n I p h r a s e d t h e i s s u e t h a t i f h e i s p e r f o r m i n g i n a n e v e n t , t h e r e a r e t w o p o s s i b i l i t i e s . O n e , w e m i g h t b e r e f u s e d e n t r y a s t h e p o l i c e . T w o , t h e i n f o r m a t i o n m i g h t l e a k t h a t w e a r e l o o k i n g f o r h i m b e c a u s e h e i s a p u b l i c f i g u r e . S o , t h e b e s t w a y , t h e n h e s u g g e s t e d , l e t m e g e t t h e t i c k e t s s o t h a t y o u m i g h t , i f t h e i s s u e o f t h e a p p o i n t m e n t c e r t i f i c a t e b e i n g r e j e c t e d , u s e t h e t i c k e t s . O r t h e b e s t w a y i s t o u s e t h e t i c k e t s t o b e u n d e r c o v e r , t h e n y o u c a l l t h e m , d o o u r w o r k .”
Sergeant Nkosi said SAPS did not pay for concert tickets because it was a weekend and finance offices are usually closed, not anticipating any problem.
“I t w a s o n w e e k e n d t h a t d a y a n d w e d i d n o t t h i n k , t o b e v e r y h o n e s t w i t h y o u , w e d i d n o t t h i n k t h a t t h e r e w o u l d b e a n y p r o b l e m .”
The investigating officer was already at the scene according to information from Mr Khawula, but Sergeant Nkosi and team decided also to go to the arrest event.
“T h e i n v e s t i g a t i n g o f f i c e r w a s a l r e a d y i n h i s w a y t h e r e , a c c o r d i n g t o t h e i n f o r m a t i o n t h a t I r e c e i v e d f r o m M r K h a w u l a . A n d a s p a r t a n d p a r c e l o f o u r p r o j e c t i n h e a d o f f i c e , I e x p l a i n e d t o C o m m i s s i o n e r B a l o y i t h a t t h e r e w e r e o t h e r d o c k e t s t h a t t h e y w e r e w o r k i n g o n t h e r e . S o , w e d e c i d e d , n o , l e t u s a l s o a s w e l l a n d g o .”
SAPS finance offices are usually closed on weekends, which prevented buying tickets earlier for the undercover plan.
“It i s t h e w e e k e n d s , u s u a l l y f i n a n c e o f f i c e s , t h e y a r e o p e n d u r i n g t h e c o u r s e o f t h e w e e k . A n d a t t h a t p a r t i c u l a r t i m e , I a m j u s t b e i n g h o n e s t , w e d i d n o t t h i n k i t i s a p r o b l e m a t i c t h i n g t o d o .”
Sergeant Nkosi took the picture at the concert despite only having a general admission ticket, which normally wouldn't allow access to the side of the stage.
The docket related to the Khawula matter remained at the station and was part of organised crime docket but was not yet called because Mr Khawula was not arrested.
“It was still there in the station, but the plan was once he is arrested, the docket is going to be called.”
Sergeant Nkosi advised Mr Nxumalo to write a statement to assist with his personal finances on this investigation and then send it to the office of Brigadier Ramangwa for a reimbursement application, but he did not follow up if it was done.
“I advised him to write a short statement that he assisted with his personal finances on this particular investigation. Then they must send it to the office of the Brigadier Ramangwa and then we will make an application to reimburse him. I do not know. I did not make a follow-up if he did that or not.”
The six tickets for the concert included three VIP tickets and three general admission tickets allocated among Sergeant Nkosi, Captain Zungu and three other members from the tracking team.
“Captain Zungu, the one that I was with, and three other members from the tracking team that we found there. That is correct.”
Sergeant Nkosi admitted that the investigating officer was expected to follow the team to the concert but arrived late and never got a ticket to get in, so no plans were made for his entry.
“When I phoned him that the information said or suggested that Mr Khawula is at the concert, the investigating officer promised to follow us there. But on that particular time when we arrived, he was not there...so we thought we would as a team make a plan for him to get in when he is there...he did not arrive there, so we did not make any plan.”
The plan was to have unidentifiable SAPS members at the concert to establish the location of Mr Khawula and arrest him, but none of the six tickets were allocated to the investigating officer actually performing the arrest.
“I thought that the whole purpose of this operation was to have SAPS members at the concert not identifiable as SAPS members so that they could establish where Mr Khawula was and arrest him. That was the purpose.”
Neither Sergeant Nkosi nor anyone in the team had planned how the investigating officer would get into the concert without a ticket, indicating a lack of preparation.
“I do not know what was going to be the plan...we were going to make a plan once he arrived there...I think we had not even applied our minds to that.”
General Sibiya was involved in the investigation process and was acknowledged at the end of the process by Ze.
“It is the general . So why would you want the general's number ? ... Yes . ... Yes . ... So General Sibiya seems to have been involved in this process from shortly before the warrant was exercised to the point at which , at the end of the process , he was thanked by Ze”
Mr Khawula was not present at the Kroon Park Holiday Resort concert where six policemen from Gauteng attended an operation in Kroonstad.
“the tickets for the concert where you failed to find Mr Khawula ... the concert was held at Kroon Park Holiday Resort ... So this operation took six policemen from Gauteng to Kroonstad ... With the possibility of a seventh , the investigating officer . ... It was never ever intended for the investigating officer to be there ... No , no , no , it was . It was intended ... So , he was recently appointed now in our office ... So , at the time of this operation , he was now in your office ? ... That is correct .”
Mr Nxumalo was directing the investigation and communicating with the investigating officer on where to go and what to do, effectively telling police how to conduct the investigation.
“Mr Nxumalo is asking you for numbers ... he , in fact , at chart number 5 , tells you that the investigating officer will call you . So , he is in touch with the investigating officer , and he is now arranged with the investigating officer to call you .... you had a complainant who was directing this investigation and telling the police what to do , where to go .... That is the impression I get from this .... Mr Nxumalo is directing the investigation on how it should be conducted .... you have a civilian who is a complainant , who is basically telling police what to do , when , where .”
Sergeant Nkosi suggests Mr Nxumalo's involvement in directing the investigation may be due to desperation related to personal issues such as his marriage, but acknowledges it was a form of direction.
“Maybe I can say 50 - 50 from the suggestion ... I think maybe it was desperation , because it was affecting him in his marriage , he is a public figure as well , so I think it is desperation and direction ...”
The Zulumeni individual is not a Zulu but a Tsonga, and Sergeant Nkosi is unsure why an individual not of that ethnicity was allowed to take over the investigation.
“The Zulumeni referring to who ? Mabunda is not a Zulumeni it is a Tsonga man ... We did not allow him ... I think it was a matter of assistance ... We took advantage of that ...”
Sergeant Nkosi confirms Mabunda facilitated police presence at a concert to arrest Mr Khawula.
“He facilitates your presence at the concert in order for you to arrest Mr Khawula ... Yes ... That is correct ... So , he is basically there again , playing a facilitative role .”
Sergeant Nkosi states that Mr Nxumalo was not allowed to take over the investigation but was given assistance as police officers move between locations, implying an informal cooperation rather than formal control.
“We did not allow him . I think it was a matter of assistance . You know , sometimes police officers will run from here to there , then from there we need another assistance . We took advantage of that . We did not see it as – but I leave it at that .”
Sergeant Nkosi confirms that initially Mr Khawula was arrested on charges related to contravening the Cybercrime Act and crimen injuria, but when transported from KZN to Sandton, all other charges including attempted murder and malicious damage to property were applied and warrants executed.
“Yes, at that time, this cell register, those people arrested him on these charges. But once he was transported from KZN to Sandton now, that is where by all the charges of attempted murder, malicious damage to property, their warrants were executed.”
Mr Khawula was arrested for contravening the Cybercrime Act and crimen injuria, not for murder or failure to appear in court, according to the cell register and warrant.
“the reason that Mr Khawula is arrested in the end is for contravening the Cybercrime Act and crimen injuria, not because of murder or the other many things that you have said fail to appear in court. It is in fact for the simple crime of contravening the Cybercrime Act and crimen injuria. You accept that ? Because that is what this cell register says. It states why he was arrested, and that is what the warrant was about”
There is concern over the possible abuse of state resources when six police officers, including trackers, were sent from Pretoria or De Deur to Kroonstad to search for a suspect who was not present, returning empty-handed.
“my issue, Sergeant, is what appears to be abuse of state resources. I mean, the fact that there is six of you... from here to Kroonstad is about three hours... six people, six police officers, including their trackers or tracers... are sent by Mr Z to Kroonstad to go look for a suspect, and he is not there, and they then come back empty-handed. To me, it is abuse of state resources for the benefit of a single individual.”
Sergeant Nkosi states that the sending of six police officers to Kroonstad was not an abuse of state funds because Mr Khawula is a public figure and there are difficulties arresting such individuals due to community backlash.
“According to me, I would not see or suggest it is a state funds abuse, because one, Mr Khawula is a public figure. Sometimes you go there and want to affect arrest them, and then the community, they start to turn against you. What are you going to do? It is another problem.”
Sergeant Nkosi admits the police in KwaZulu-Natal effected Mr Khawula's arrest, and there was no need for police resources to travel to Kroonstad since local police could have assisted.
“The police in KZN, in fact, effected the arrest. Is that not so? That is correct, Commissioner.”
Adv Chaskalson SC asserts that section 13 of the Cybercrime Act, cited as the primary count in the warrant against Mr Khawula, does not create an offence but is a definitions section.
“If one looks at this warrant at page 1133, the primary count is contravening section 13 of the Cybercrime Act. Now, section 13 of the Cybercrime Act does not create an offence. It is, in fact, a definitions section. There is no offence of contravening section 13 of the Cybercrime Act.”
Sergeant Nkosi admits he has not read the Cybercrime Act and initially did not know the legal standing of the allegation against Mr Khawula in relation to it.
“No. ... I have not looked at the Cybercrime Act? Yes, I know. I have noted them down. I will tell you maybe after ...”
Sergeant Nkosi confirms that when he went to Kroonstad to execute the warrant with Captain Zungu, he had those other warrants related to organised crime, attempted murder, and failure to appear in court on his phone.
Sergeant Nkosi admits to using the jet ski after it was brought back to Hammanskraal but does not know the exact dates or arrangements made to use it.
“Yes. ... I do not know the exact date. I would phone my brother Sthembiso Baba’s other son and then I will make arrangements that he must inform the security that I am coming to pick up the jetski.”
Sergeant Nkosi confirms retrieving Mr Msibi's jet ski from Mr Matlala's farm around September 2024 and subsequently taking it back to Mr Msibi's farm in Hammanskraal.
“You told us earlier that you retrieved Mr Msibi's jetski from Mr Matlala's farm approximately in September 2024. Yes. ... And you took it back to Mr Msibi's farm in Hammanskraal? That is correct.”
Sergeant Nkosi admits he did not exercise control over the jet ski after it was brought back to Hammanskraal because there were securities at the farms.
“No. ... There are securities there in the farms.”
Sergeant Nkosi used the jet ski after it was brought back to Mr Msibi's house in September and possibly Mr Matlala also used it afterwards but Sergeant Nkosi is not sure.
“you will recall just before we broke, I was asking you about the jet ski and you indicated that you had brought the jet ski back to Mr Msibi’s house approximately in September, that you had used the jet ski after it had been brought back ... and that Mr Matlala, you think, may also have used it after it came back to Hammanskraal, but you were not sure whether and when that would have happened.”
Sergeant Nkosi found a credit card belonging to Mr Matlala’s company 'Luxo African Brand Investments' in the jet ski on 23 December 2024 at Hartebeespoort Dam, which he found while searching for the key in the glove compartment.
“on the 23rd day of December, you found that Mr Matlala left a Luxo African Brand Investments business gold card in the jet ski boat of Mr Msibi ... I was in the dam ... Hartebeespoort dam ... when I arrived in Hartebeespoort, searching for the key in the compartment, it is when I realized there is a card there.”
ADV CHASKALSON SC / Sergeant NkosiDay 78 · 16 Mar 2026Refers to: 2024-12-23Location: Hartebeespoort Dam
Sergeant Nkosi found the credit card in the glove compartment of the jet ski only when he arrived at Hartebeespoort Dam searching for the key to collect the jet ski.
“how did you find that there was a credit card inside the jet ski's glove compartment? It was when I arrived in Hartebeespoort, searching for the key in the compartment, it is when I realized there is a card there.”
Sergeant Nkosi did not check inside the jet ski when collecting it from Mr Msibi's farm and did not know if there was anything stored inside.
“did you check whether there was anything in the compartment of the jet ski or not? Do you do a check on the jet ski before you collect it or not? I did not do. I did not check.”
Sergeant Nkosi does not know if Mr Matlala used the jet ski between September and December 2024 but knows he had access to it.
“do you know if Mr Matlala used the jet ski between September and December when you found the card? I do not know if he might have used it, but I know that he had access to it as well.”
ADV CHASKALSON SC / Sergeant NkosiDay 78 · 16 Mar 2026Refers to: 2024-09 to 2024-12
Sergeant Nkosi did not have Mr Matlala with him when he found the card at Hartebeespoort Dam and had never before taken the jet ski to Hartebeespoort between September and 23 December 2024.
“And was Mr Matlala with you at Hartebeespoort? No, not that day. Had you taken the jet ski to Hartebeespoort previously, between September and 23 December? No.”
ADV CHASKALSON SC / Sergeant NkosiDay 78 · 16 Mar 2026Refers to: 2024-09 to 2024-12Location: Hartebeespoort Dam
There were several cash withdrawals on the credit card between September and December 2024 that could only have been made if Mr Matlala found the card in the glove compartment at Hammanskraal, took it out to withdraw cash, then put it back and left it in the jet ski.
“there are several cash withdrawals on that card between September and December ... it would only be possible for Mr Matlala to have used, made those withdrawals if he found the jet ski in Hammanskraal, found the card in the glove compartment, took it out to withdraw cash, put it back in the glove compartment and then forgot about it again.”
ADV CHASKALSON SC / Sergeant NkosiDay 78 · 16 Mar 2026Refers to: 2024-09 to 2024-12Location: Hammanskraal
Sergeant Nkosi forwarded screenshots to General Shibiri because Mr Matlala had an issue with payment from SAPS and was discussing the issue with General Shibiri and General Sibiya.
“Mr Matlala had an issue with the payment from SAPS and this was one of the reasons I have sent it to General Shibiri, because I know for a fact he was talking about same with General Shibiri and General Sibiya”
Sergeant Nkosi forwarded some SAPS payment screens from Mr Matlala to General Shabiri, though he does not know why and disclaims personal involvement in the payments or messages.
“Why then did you forward them all to General Shabiri? ... I do not know what really I meant ... according to me, they had nothing to do with me ...”
Sergeant Nkosi acknowledged forwarding payment screenshots to General Shibiri to keep him informed about Mr Matlala's payment status despite not being involved in payments.
“I think even though I am not involved, but when it is something to do with issues of his project therein college, he would send me those things... So I think I took it from that angle that this is one of the things that why is he sending me is because of the previous complaint. And then the person who are relevant to these things, I just send it to them.”
General Shibiri had an interest in payment matters related to Mr Matlala because of complaints received, despite not being directly responsible for payments.
“General Shibiri had an interest... it was based on the complaint from Mr Matlala, the same complaint that he informed... Cat phoned me and told me that they are giving him problems with his payment”
Mr Matlala often used his connections with police officials to get things done for him, suggesting a culture of influence or pressure.
“Mr Matlala was somebody who always wanted to flex his muscles towards the police . When he is communicating with this person , he will tell you that , no , I have got this one , he is going to do this thing for me .”
Mr Matlala was not expected to complain directly to Sergeant Nkosi because Matlala was represented by Brigadier Bokaba and General Fannie in finance matters.
“Mr Matlala in finance , he had Brigadier Bokaba , he had General Fannie , those were his people . So there was no way that he could complaint to me .”
General Sibiya forwarded materials related to a journalist Abram Mashego's enquiry about termination of Mr Matlala's contract, including an internal audit report recommending contract termination for fraud and corruption.
“on the 22nd of March 2025 , General Sibiya forwards you , ... actually four documents . The first is an enquiry from a journalist , Abram Mashego . ... The last is the final page of an internal audit report done by SAPS , which recommends termination of the contract ...”
There was an internal audit report recommending termination of Mr Matlala's contract due to possibly regular expenditure and suspected corrupt or fraudulent practices.
“It is being displayed actually . ... The expenditure incurred should be declared as possibly regular expenditure for further assessment and determination . Test investigation is required ... The bids should be terminated ... The termination of the bid is consistent with ... that the purchaser ... has engaged in corrupt or fraudulent practices ...”
Sergeant Nkosi forwarded the complaints about Mr Matlala's contract termination to General Shibiri but not to General Fannie due to lack of contact info.
Sergeant Nkosi forwarded messages concerning the internal audit and journalist inquiry about Mr Matlala's contract termination to General Shibiri due to Matlala's complaints to him.
“I think my answer still goes back to that one that I said earlier , that maybe because Mr Matlala was also complaining to General Shibiri , that is why I felt that I should send it to General Shibiri .”
Sergeant Nkosi knew before forwarding messages to Mr Matlala that Mr Matlala already knew about the contract termination from social media like Facebook, Instagram, or TikTok.
“Mr Matlala responded, he said he already saw that on Facebook or on Instagram. ... Or TikTok was what you said first time.”
Sergeant Nkosi did not trust the news seen on Facebook about the contract termination until confirmation from General Sibiya was received.
“Facebook has got a lot of false stories, so I could not run with something that is not even confirmed or verified. So when General Sibiya sent me, then I realized, oh, that means that thing of the Facebook is ...”
Sergeant Nkosi confirms that before General Sibiya sent confirmation, Mr Matlala only had social media as a source and could not rely on its accuracy to know contract status.
“before Mr Matlala gets this message from you, all he can depend on for his source of information is TikTok and Facebook. And he, like you, must know that there is a possibility of fake news on TikTok and Facebook.”
Mr Matlala would speak with Brigadier Bokaba and General Fannie at SAPS head office about his contract and was advised by Brigadier Bokaba to approach Deputy National Commissioner General Sibiya.
“he will say he is coming to head office to meet with Brigadier Bokaba and to meet either with General Fannie ... when he filed his court papers that he was advised by Brigadier Bokaba that he must approach the Deputy National Commissioner, General Sibiya”
Sergeant Nkosi does not know the reasons for Mr Matlala's meetings with Brigadier Bokaba and General Fannie or if these officials were obliged to deal with his contract as part of their duties.
Sergeant Nkosi infers that Brigadier Bokaba suggested Mr Matlala approach General Sibiya as Acting National Commissioner to get access to facilities.
“Brigadier Bokaba was the one who suggested that he approach General Sibiya as Acting Commissioner, Acting National Commissioner, when he wanted to get access to the facilities.”
Sergeant Nkosi believes that the relationship between Mr Cat and Brigadier Bokaba and General Fannie involves people in the offices of Brigadier Bokaba and General Fannie.
“I am saying within the office of General Fannie and the office of Brigadier Bokaba, there are people there.”
Sergeant Nkosi forwarded messages from General Sibiya to Mr Matlala despite knowing Mr Matlala was about to face contract termination by SAPS.
“So when you forwarded all of this, all of these messages from General Sibiya to Cat, or to Mr Matlala... SAPS are threatening to terminate his contract. That is correct, is it not? That is correct.”
Sergeant Nkosi shared a SAPS audit report marked confidential, which was available on Facebook before he received it from General Sibiya.
“I saw it in a Facebook... it was in public domain. Yes... The audit report... That is correct... I did not see the danger of it or problem about it because I thought it is already in public and in public it came as...”
Sergeant Nkosi admitted it was wrong to share a confidential SAPS document outside SAPS but justified it by stating General Sibiya sent it to him first.
“Do you accept that it was wrong to send a SAPS document to somebody outside of SAPS? I do not accept that it was wrong because even General Sibiya sent it to me.”
Sergeant Nkosi forwarded the confidential SAPS audit report to Mr Matlala because he assumed Mr Matlala was entitled to receive it as a service provider.
“He is a service provider there... I also assumed at the time, I thought as a service provider, he was also issued with such officially, so I took it on that level.”
Sergeant Nkosi warned Mr Motsumi that Mr Matlala owed him money and that the contract was about to be terminated.
“Mr Matlala owed Mr Motsumi money, so I was warning him that, hey Baba, your money will never come back because he invested in Mr Matlala's company, so I was making him aware that this contract is about to be terminated.”
Sergeant Nkosi sent information about the Medicare 24 contract to inform Mr Motsumi that Mr Matlala was unlikely to repay him.
“So you were giving Mr Motsumi this information about the Medicare 24 contract to let him know that Mr Matlala was not going to be able to pay him back. That is correct.”
Sergeant Nkosi forwarded payment WhatsApp messages to General Shibiri due to an enquiry for assistance made to General Shibiri.
“To General Shibiri is because you knew that there had been an enquiry to him for assistance. In fact, there had been an approach to him for assistance. That is correct.”
General Shibiri has an interest in Mr Matlala keeping the contract at SAPS or what is happening with the contract, suggesting involvement beyond payment.
“General Shibiri would have an interest in Mr Matlala keeping that contract at the SAPS or what is happening with the contract”
Sharing information with General Shibiri about media inquiries relating to SAPS contract is unusual and suggests deeper involvement and interest in the contract.
“it suggests to me that you were sharing this information with General Shibiri because you know that there is a deeper involvement or interest between General Shibiri and Mr Matlala, not just a random, oh, I am not getting paid, help me out”
Sergeant Nkosi habitually shares all information he comes across with General Shibiri, regardless of relevance or knowledge of personal interest of Shibiri.
“With General Shibiri ... I share everything that I come across, whether it is relevant to him or not... And any other than sharing information, he never mentioned to me that he has got maybe personal interest in coming to benefit in Mr Matlala's contract”
Sharing WhatsApp screens with Mr Matlala appeared to be a warning that journalists are asking questions about the contract and that there is an intention to terminate it.
“you are alerting him that, look, journalists are now asking questions about our contract... but in addition to that, there is in fact an intention to terminate our contract”
Sergeant Nkosi forwarded information about inquiries from the media regarding the SAPS contract to General Shibiri because Catal complained to him about payment issues.
“on the basis that Catal also complained to him about the payment. So that is why now the information about Cat, I also forwarded to him”
Sergeant Nkosi actively sends messages on instruction from General Sibiya or as part of normal process, but cannot confirm if he is instructed to forward messages for other reasons.
“you quite actively send it to different people... it is either you were acting on instructions to forward it to other people because you have a direct instruction or you know that is how it works, when General Sibiya gives you stuff, he is really saying to you, pass it on”
Sharing internal audit report WhatsApp pages with Mr Motsumi was in furtherance of Mr Motsumi's interest in the contract.
“when you were sharing this page of the internal audit report to Mr Motsumi, whose interest were you advancing? ... Mr Motsumi ... yes ... And it would be adverse to his interests if this contract was terminated by SAPS”
Sergeant Nkosi met regularly with Mr Motsumi, including social meetings such as riding bikes and visits to Waterfall Clubhouse, which are not necessarily formal meetings.
“I am meeting Mr Motsumi regularly ... rides and just social ... like a father and son”
Sergeant Nkosi assisted Mr Motsumi and Mr Msibi in biking, including buying bikes and mentoring Mr Motsumi, resulting in a close father-son type relationship after Mr Msibi's death.
“I was mentoring him, I was teaching him how to ride after I assisted him to buy his first bike ... after Mr Msibi died, I became closer with Mr Motsumi ... like a father and son”
On 19 May 2025, Sergeant Nkosi forwarded codes to Sergeant Moraka (K9 unit) and Sergeant Mphela (K9 unit) to arrange a visit or meeting at Mr Motsumi's house, which was stated to be a social meeting at a clubhouse rather than a formal meeting.
“You forward a code to Sergeant Moraka ... and also forward a code to see Mr Motsumi to someone you have saved as Mphela K9 ... We were just meeting, not say meeting, we were just sitting there ... it is a clubhouse”
Sergeant Nkosi and colleagues took an afternoon off to go to Waterfall Clubhouse for lunch/socializing, and Mr Mphela's code allowed entry until that afternoon even though he arrived late.
“You went to the clubhouse on an entry code ... Sergeant Mphela picking you up much later with a code that expired at 5:30 ... you took the afternoon off as it were to go to Waterfall Clubhouse for lunch ...”
Sergeant Nkosi sent license plate numbers to Sergeant Moraka to trace registered vehicle owners, as NKosi was revoked and asked Moraka to assist in tracing vehicles.
“I was revoked. Then when I am revoked, I usually ask Sergeant Moraka to check for me ... I send if there is a need ... I send license plates to trace the registered owner”
Sergeant Nkosi and Sergeant Moraka often meet at Waterfall Estate during off-duty hours to have lunch, arranged via entry codes sent by Mr Motsumi.
“you are meeting him during working hours ... these ones are working shifts ... most of the time they are not working on that day or they are working night shift”
Sergeant Nkosi explained 'piece jobs' are personal engagements such as bike events, matric dances on bikes, and funerals - not SAPS business.
“when you do your piece jobs you are with him ... I do bike events, not exactly bike events, matric dance on bikes ... I do funerals ... so it is not SAPS business you are referring to”
Sergeant Nkosi earns money by giving riding lessons to friends including Mr Motsumi.
“if we go to the 25th of June ... you teach to ride , such as Mr Motsumi , they pay you for that ... That is correct ... you are giving people lessons ... you are sharing it with other people ... they would be paying you for your time and lessons”
Sergeant Nkosi says that Sergeant Moraka does not need to go to Mr Motsumi to check vehicle registration but would do that telephonically and that Mr Motsumi would not tell them to check registration for him; sending registration plate info to Moraka after entry code from Motsumi is a coincidence.
“Sergeant Moraka does not necessarily need to go to Mr Motsumi if Mr Motsumi wants Mr Moraka to check his number plate . He would do that telephonically ... but , because if he does not know Mr Moraka , he would do that through me , obviously . And Mr Motsumi , he would not use us or tell us to check registration for him . It is just a coincidence that after the code of Mr Motsumi , then I send the registration to Mr Moraka , but Mr Motsumi has got nothing to do with that”