By Lehlohonolo Lehana.
The Hawks narcotics officer Joseph Nkoana Sebola has told the Madlanga Commission of Inquiry that he was well within his rights to arrest two South African Police Service (SAPS) members who had “no business” being at the scene of a major drug bust.
Throughout the week, the Commission has focused on a cocaine consignment weighing 715.86kg and worth about R286-million that was intercepted on 9 July 2021 in Aeroton, a Johannesburg industrial area.
The circumstances surrounding the bust are currently being scrutinised at the commission following allegations that some police officers attempted to steal the multi-million rand consignment.
Four suspects were initially arrested over the interception, but the court case against them was later withdrawn.
The four are: Warrant Officer Marumo Magane of the Zonkizizwe police station in Gauteng; Warrant Officer Steve Phakula, a National Intervention Unit member; Samuel Mashaba, who was involved in traffic services and the acting deputy director of Gauteng’s community safety department; and businessman Tumelo Nku.
Sebola said the suspects, who tampered with the crime scene, were arrested for defeating the ends of justice and dealing in drugs.
He testified that while the suspects were under arrest, Richard Shibiri phoned him and allegedly asked whether there was an “amicable solution” to the situation.
He told the commission he knew Shibiri was linked to the serious organised crime unit and interpreted the message as meaning he should not make the arrests.
However, Sebola said he insisted that the officers and the informant remain under arrest.
Sebola later told Gauteng Crime Intelligence head Ebrahim Kadwa about the strange call.
Kadwa, who was also at the crime scene, said he received a similar call, but with a different message that said “arrest them”.
Sebola told the commission that when he arrived, Magane’s black Nissan bakkie was already loaded with bags of cocaine, and the scene had already been contaminated.
He said he was told the bakkie had been blocked to prevent Magane from driving away.
At the scene, Sebola interviewed several people, including the suspects. They testified that a black Nissan bakkie had been leaving and was blocked by a marked police bakkie.
“I approached the driver of the black Nissan bakkie who was seated in that bakkie and identified myself to him and he identified himself as Warrant Officer Magane. I asked him what he was trying to do and he said he was going to the Zonkesizwe police station where he works,” he said.
Sebola said that from his interaction with Magane, he had deduced that his intention had not been to assist the police but to transport the drugs to wherever Gauteng traffic chief Mashaba ordered them to go.
Magane was arrested by Sebola at the scene and faced disciplinary action.
He was later reinstated and reassigned in November 2023
Sebola said the alleged drug bust had seemed suspicious because Magane and Mashaba had not followed normal reporting procedure but had instead called their police friends to assist at the scene.
Sebola is set to continue testifying on a date that is yet to be determined.
Earlier this week, the Commission heard that R55-million worth of the cocaine seized in Aeroton subsequently went missing from a forensic science laboratory where it was being stored.
The commission is expected to hear from another witness on Friday, 15 May.
It will then take a break to focus on preparing a second interim report due to be delivered to President Cyril Ramaphosa on 29 May.