The Madlanga Judicial Commission of Inquiry on Friday heard the evidence of senior KwaZulu-Natal Hawks officer, Lieutenant-Colonel Kwazikwakhe Sibiya, who came under scrutiny over the 541kg of cocaine worth R200 million seized at the Durban Harbour in June 2021, which was later stolen at Port Shepstone.
Image: Oupa Mokoena / Independent Newspapers
Senior KwaZulu-Natal Hawks officer Lieutenant-Colonel Kwazikwakhe Sibiya has come under fire at the Madlanga Judicial Commission of Inquiry for several inconsistencies in his statements and oral evidence on the theft of a large cocaine consignment.
On Friday, Sibiya told the commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, that he overheard a conversation between Warrant Officer Dan Perumal, SA Police Service (SAPS) 13 clerk at the Isipingo police station, where the 541kg cocaine bricks with the street value of about R200 million and his boss, Colonel Gavin Jacob, the unit commander of the Hawks’ Serious Organised Crime Unit in Durban.
The drugs had been seized at the Durban Harbour by a team led by Jacob, who unilaterally terminated his leave to take charge of the operation, and transported them to the Isipingo police station.
“While at the Isipingo SAPS, as we were busy unpacking and counting, I heard Perumal talking to Jacob, stating that they do not have space to store these drugs.
“Warrant Officer (Livingstone) Mpangase (the initial investigating officer in the matter) requested for exhibit bags from Perumal, however, he (Perumal) indicated that he didn’t have any forensic bags,” Sibiya said.
He testified that Mpangase then requested that he must go and ask for the bags at the community service centre (charge office), where he was also unsuccessful.
Sibiya said Jacob then indicated that he had informed Brigadier Campbell Nyuswa, KwaZulu-Natal commander of the SAPS Serious Organised Crime Unit, about the issue of unavailable storage at Isipingo police station.
“After some time, he (Jacob) informed us that the exhibits will be kept at the Port Shepstone Organised Crime Unit walk-in safe,” he added.
However, Justice Madlanga said Sibiya’s explanation did not make sense.
“What you’re telling us appears to be concocted. Suddenly you remember that there was an interaction between Perumal and Jacob about space for storage of the drugs,” he queried.
Justice Madlanga said Jacob did not mention the interaction with Perumal, but now claims he was reminded by his juniors.
“There is no way he forgot something that important. It’s on that basis that I suggest to you that, subject to an explanation that is more reasonable than what you have told us, what you’re telling us appears to be concocted. What is your comment?” he asked.
Sibiya refused to comment.
Commissioner Advocate Sesi Baloyi said there was only one possible explanation, which was most likely and probable.
She said Sibiya’s claim that he overheard Jacob talking to Perumal about Isipingo SAPS having no space was made up.
“You made up the reason why these exhibits end up being left at Port Shepstone,” Baloyi stated.
But Sibiya was steadfast, saying: “The bottom line, I was not in a position to make a decision as to where the exhibits must be kept”.
Justice Madlanga said there had been “consistency among all three of you (Perumal, Jacob, and Sibiya), and then two (Sibiya and Jacob) of you change tack”.
Commissioner Advocate Sandile Khumalo said he found it strange that Jacob, who was a party to the conversation (between him and Perumal), does not remember the conversation, and it is somebody who happened to overhear the conversation who must now remind him of a conversation to which he was a party.
“I just find that very strange. Do you agree that it is strange that he wouldn’t remember, and he would need you to remind him? Because he is the one having the conversation with Perumal,” Khumalo added.
He continued: “Neither of them remembers the conversation, and it is you who must remind them that the conversation took place, I mean, that is strange?”
Sibiya accepted that it was strange.
Baloyi took the matter further: “It’s not just strange, it is problematic… It’s difficult to accept as true, in fact.”
She said the three statements do not talk about the conversation about storage.
“Your account about this issue, it cannot be true,” Baloyi added.
Earlier, she also expressed her concern that Sibiya and the others' statements appeared to be the same, even the mistakes.
Baloyi said the impression was that Sibiya either copied Jacob’s statement or he sat down with him and agreed on what to put down on the issue.
But Sibiya denied this, saying he never copied Jacob’s statement and he (Jacob) never copied his.
“I report to Jacob as a unit commander; now and then, we have discussions, not to say we are telling each other what to write in our affidavits,” he said.
According to Sibiya, they might have had discussions about the very same issue, but it was not for the purpose of deposing to affidavits.
Baloyi said it was a matter of curiosity, at the very least, but of concern.
In response, Sibiya stated: “It could also be a matter of he observed what I observed not only us conspiring to plot something.”
The commission will resume on Monday.