Senior Hawks officer, Lieutenant-Colonel Kwazikwakhe Sibiya, started giving evidence at the Madlanga Commission on Friday on the 541kg of cocaine worth R200 million seized at the Durban Harbour in June 2021, but was later stolen in Port Shepstone in KwaZulu-Natal.
Image: Kamogelo Moichela / IOL News
Senior KwaZulu-Natal Hawks officer Lieutenant-Colonel Kwazikwakhe Sibiya on Friday denied that he knowingly flouted police prescripts during the seizure of R541kg cocaine valued at R200 million at the Durban Harbour in June 2021.
Sibiya told the Madlanga Commission of Inquiry that his involvement in the operation was limited and restricted to what he was requested and instructed to do.
The Hawks’ component head for Serious Organised Crime, Major-General Hendrik Flynn, implicated Sibiya last month during his testimony before the commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga.
According to Sibiya, he was requested to assist by the initial investigating officer, Warrant Officer Livingstone Mpangase, and Colonel Gavin Jacob, the unit commander of the Hawks’ Serious Organised Crime Unit in Durban, to follow up on information concerning a possible drug bust.
Sibiya said they were informed by SA Police Service (SAPS) Crime Intelligence officer, Lieutenant-Colonel Justice Duma, who indicated that he had information from an informer that there were 27 bricks of pure cocaine inside a container at the harbour.
He explained that they arrived simultaneously with provincial Hawks boss Major-General Lesetja Senona and Brigadier Campbell Nyuswa, KwaZulu-Natal commander of the SAPS Serious Organised Crime Unit.
“When the doors (of the container) were opened, we noticed inside the container black canvas bags with tape placed next to the door and some on top of white sacks,” he said.
Sibiya continued: “When these bags were inspected inside them, we were all shocked and surprised by the quantity of drugs found. They contained bricks of suspected cocaine wrapped in black and yellow tape, some written Jaguar and TikTok, packages approximately one kilogram per brick.”
He testified that his actions during the operation were to follow the instructions of a senior, despite them not being in line with the police’s prescripts.
Asked by evidence leader Advocate Mpilo Sikhakhane whether the instructions were lawful, Sibiya said he was present just to follow orders and assist, and that his involvement was minimal.
However, he added that some of the decisions he would have done differently with the benefit of hindsight.
Justice Madlanga asked: “Being aware of those prescripts, would you say what was done on that day, in terms of the handling of the scene and, in fact, the handling of the suspected cocaine itself, would you say that complied with the prescripts that you were aware of at the time?”
Sibiya maintained that he did so.
“But you participated in what was being done despite being aware that the prescripts were being flouted?” Madlanga further probed.
Sibiya said the responsibility lay with the crime scene manager (Jacob) and the investigating officer (Mpangase).
“You just allow yourself to be used as a pawn while prescripts that you were aware of are being flouted? Is that what you’re telling us? You also assisted with the offloading, counting of the bags, and their contents. All of this being done at variance or not in accordance with the prescripts of which you were aware were being flouted?” asked Justice Madlanga.
In response, Sibiya said that the police officers worked with instructions.
The commission continues.