Hawks Colonel Gavin Jacob has rejected claims that he ever stole the R200 million drugs that were stored at the Hawks offices in KZN.
Image: IOL Screenshot
The Madlanga Commission heard that the “polygraph cleared” Colonel Gavin Jacob was on leave when he received information about the 2021 R200 million drug bust in KZN, and he suspended his leave to join the operation before later returning to leave.
Jacob came under intense questioning on Wednesday over his role in a 2021 operation that resulted in the seizure of 541kg of cocaine in KZN.
The drugs were later stolen from a Hawks storage facility in Port Shepstone.
Despite being on leave at the time, Jacob told the commission he returned to duty after receiving information about the drug consignment.
However, evidence before the commission revealed that he did so without directly informing his commander, Colonel Campbell Nyuswa.
Instead, Jacob relied on a junior officer, Livingston Mpangase, to relay the message.The decision drew sharp criticism from commission members and evidence leaders.
Evidence leader Adv. Mahlape Sello SC questioned why Jacob had not personally informed his superior of such a significant decision.
Co-commission Adv. Sesi Baloyi described the move as an “obvious irregularity”.
“You were on leave, received information about the consignment, returned to duty and participated in the operation without speaking directly to your commander,” Baloyi noted.
Pressed on why he delegated the responsibility to a subordinate, Jacob conceded he had no explanation.
Chair, Justice Mbuyiseli Madlanga further questioned whether Jacob accepted that his conduct constituted an irregular procedural flaw.
Jacob acknowledged that it did.
The commission also examined Jacob’s decisions during the operation itself, particularly his choice of officers involved and the handling of the seized cocaine.
Questions were raised about the presence of Nthutuko Khuzwayo, a man Jacob believed was representing customs officials during the operation at the Isipingo depot.
Jacob testified that he was under the impression that Khuzwayo was acting on behalf of customs authorities.
However, when questioned about the absence of official customs personnel during the breaking of seals on the shipment, Jacob confirmed that no customs officials were present.
Sello asked whether Khuzwayo’s presence was intended to create the impression that customs authorities had authorised the process.
Jacob rejected the suggestion, arguing that any attempt at misrepresentation would have quickly been exposed.
Baloyi responded that the incident represented yet another instance in which Mpangase had provided misleading information to investigators.
The commission also focused on Jacob’s decision to move the cocaine from the scene before it had been fully processed.
Jacob testified that after the drugs were offloaded from a shipping container at the Isipingo depot, he concluded there was insufficient space to conduct the operation safely and effectively.
“Upon offloading these bags, I noticed that the area we were working in was congested,” Jacob told the commission.
“I realised that unpacking the bricks of cocaine would require more space than was available, and there was machinery moving around the area.”
However, Hawks Serious Organised Crime Investigation head Hendrick Flynn previously testified that removing drugs from a crime scene before processing them was contrary to established procedure.
Jacob also admitted that he did not contact the SAPS Local Criminal Record Centre, which is responsible for documenting crime scenes and collecting forensic evidence.
He defended the decision, saying investigators lacked enough approved exhibit bags to process a seizure of that scale.
Jacob is expected to continue his testimony on Thursday.
IOL Politics