By Lehlohonolo Lehana.
SA Police Services (SAPS) Lieutenant-Colonel Kwazikwakhe Sibiya has rejected the allegations of misconduct, asserting that his involvement in the 541kg Isipingo cocaine seizure was minimal.
Sibiya says he was requested by Lieutenant-Colonel Gavin Jacob to follow information about a consignment carrying drugs.
At the time, Sibiya said he was attached to a DPCI unit focused on Economic Protected Resources. He says he was introduced at the Depot to Colonel Jabulani Duma by Lieutenant-Colonel Jacob.
According to protocol, a container at the harbour would be put on notice by the South African Revenue Services (SARS) should drugs be found inside. Notice means that the container needs to be investigated further.
To enter where the drugs would be, the necessary permits would need to be obtained to access the detained container. Customs and the Local Record Criminal Centre (LRCC) would need to be present, as the latter would collect DNA and fingerprints.
The Hawks’ component head for Serious Organised Crime, Major-General Hendrik Flynn, implicated Sibiya last month during his testimony before the commission.
Sibiya is among several officers implicated, including KZN Hawks head Lesetja Senona, Colonel Jacob, Warrant Officer Livingstone Mpangase, and Brigadier Campbell Nyuswa.
Throughout his testimony, Sibiya maintained that he was not responsible for managing the scene or making key decisions about the handling of the cocaine seizure, estimated to be worth about R200 million.
But Commissioner Sandile Khumalo appeared unconvinced by Sibiya’s attempts to downplay his role.
Khumalo pointed out that Sibiya was involved in several critical stages of the operation.
He accompanied Jacob to the police depot, helped count and sample exhibits, attended the crime scene, and later travelled to Port Shepstone, where the drugs were destroyed.
The commissioner also questioned why Sibiya never found it unusual that he had been included in a major drug operation despite having no previous experience in drug busts.
At one point, Khumalo suggested that Sibiya’s lack of experience may have been precisely why he was chosen.
“The impression I get based on what your two senior colleagues had done is that they deliberately chose somebody who is clueless about these types of matters so that you wouldn’t question them even when they are doing something improper,” Khumalo said.
Sibiya said he could not comment on the motives of his colleagues.
The exchange became even more significant when Khumalo put a blunt proposition to the witness: if something improper had happened during the operation, would he have been able to recognise it?
“Is it fair to say if they were doing something wrong, you wouldn’t be able to question them because you also didn’t know how a drug bust gets handled?” Khumalo asked.
“Yes. That is fair,” Sibiya responded.
Commissioner Sesi Baloyi also raised concerns about similarities between Sibiya’s affidavit and that of Jacob.
“I sit here with an impression that you either copied his statement or you sat down and agreed to what you were going to put in your statements on this issue, “Baloyi remarked.
Sibiya rejected the suggestion.
“I report to Colonel Jacob as a unit commander. Now and then, we’ll have discussions, not to say we are telling each other what to write in your affidavit.”
Jacob vehemently denied any involvement in the theft itself. “I’ll shoulder some of the blame,” he admitted, conceding he would handle the saga differently in hindsight, but maintained he was “in no manner or form” behind the heist.
He also faced intense scrutiny over two days of testimony before the commission regarding his involvement.
Although he testified that he was on “vacation leave,” he still attended the scene. Jacob acknowledged certain procedural lapses in handling both the crime scene and the drugs, while defending aspects of his conduct.