By Johnathan Paoli
Colonel Gavin Jacob, commander of the Durban Hawks Serious Organised Crime Unit, has conceded that he could have moved a 541kg cocaine consignment found in a shipping container to a different location within a depot, contradicting earlier testimony that there was no alternative but to transfer the drugs to Hawks offices in Port Shepstone.
Proceedings at the Madlanga Commission of Inquiry continued after lunch on Wednesday, with chairperson Justice Mbuyiseli Madlanga questioning Jacob on why established procedures were not followed during the 2021 drug seizure.
Madlanga asked whether the container could have been relocated within the depot to create sufficient space for investigators to work.
Jacob initially maintained that this was not possible, but later conceded it could have been done.
“Previously, you’ve accepted that the optimal thing for you to do was to do it at location. And now you’ve just admitted or accepted also that you could have moved it to have enough space to cordon off so that you are not obstructed by containers on either side,” Madlanga said.
Jacob acknowledged a series of procedural shortcomings, including failing to summon forensic specialists, not conducting a comprehensive search of the container, and breaching SAPS national instructions governing drug operations.
The commission heard Jacob was officially on leave on 22 June 2021 when the cocaine was intercepted, but voluntarily joined the operation and did not formally record his return to duty or notify Human Resources.
He told the inquiry his decision to become involved was driven by enthusiasm for police work and the significance of the narcotics seizure, adding that he was unaware of the scale of the bust at the time.
That explanation drew scrutiny from Commissioner Sandile Khumalo, who noted the consignment could have been as little as 5kg and questioned why Jacob would involve himself without knowing its magnitude.
The commission further heard that storage facilities had been exhausted and that suspended KZN Hawks head Major-General Lesetja Senona had instructed that the cocaine be stored at Hawks offices in Port Shepstone.
A central issue in Tuesday’s proceedings was whether investigators should have conducted a more extensive search of the container at the scene.
Jacob admitted the team relied largely on visual inspection and did not carry out a full forensic search.
“It was merely by visual observation and looking through and seeing there’s no anomalies in the rows that were packed, there’s no height differences. It was not a thorough inspection, but we did come back to further inspect it on the 1st of July,” Jacob said.
He said investigators later returned to ensure nothing else remained hidden and to facilitate release of the container to the consignee.
When evidence leader Advocate Mahlape Sello asked why a detailed inspection was not done immediately, Jacob said the volume of cargo made it impractical at the time.
“OK. Commissioner, if you look at it, it was 5,395 50-kg bags. The moving of such a volume of bags… nowhere else is going to just let you utilise their stuff for how many hours when it doesn’t benefit them, really,” he said.
Jacob said investigators believed the drugs had been fully recovered and sealed the container, adding that in his experience the contents visible at the front generally reflected the rest of the load.
Madlanga, however, challenged that reasoning, saying the preferred approach would have been to cordon off the area and conduct a full search on site.
The commission also heard that Jacob failed to summon the SAPS Local Criminal Record Centre (LCRC), responsible for collecting forensic evidence such as fingerprints and DNA.
Jacob confirmed he was aware the LCRC should have been called but conceded he did not contact the unit, in breach of national instructions.
Commissioner Sesi Baloyi asked whether this was a deliberate decision, to which Jacob replied that it was.
Jacob also admitted that the container owner’s representative was not present when it was opened, although he said consent was later obtained through statements from the transporter, clearing agents and consignee.
However, no formal release documentation was completed.
The commission adjourned with Jacob expected to continue his testimony on Thursday.
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