By Johnathan Paoli
The Madlanga Commission has continued to express deep scepticism about Durban Hawks Lieutenant Colonel Kwazikwakhe Sibiya’s version of events surrounding the controversial 541kg cocaine seizure, with commissioners questioning the reliability of his evidence and whether parts of his account were created after the fact.
Sibiya, a Hawks officer attached to the Serious Organised Crime Investigation’s Narcotics Unit in KwaZulu-Natal, concluded his testimony on Friday after sustained questioning about his role in the June 2021 operation and the subsequent handling of the cocaine consignment.
Commissioner Sesi Baloyi suggested aspects of Sibiya’s evidence appeared contrived and lacked credibility.
“I want to put it to you, that you may have been unwittingly or unknowingly participating in appearances of an investigation because it just does not make sense that the SAPS will take three people, a senior colonel, two warrant officers, one of whom this is not his everyday job, to go to a container, open, count the bags, and we must go with what you say in your statement,” Baloyi said.
The commission scrutinised Sibiya’s explanation that he, then a warrant officer, Hawks Unit Commander Colonel Gavin Jacob and Warrant Officer Livingstone Mpangase returned to the depot on 1 July, nine days after the seizure, to inspect the container and ensure no drugs had been missed.
Baloyi noted that neither Sibiya’s January nor May 2022 statements mentioned the visit, despite both documents purporting to account for his involvement in the matter.
She suggested the visit had been introduced later to create the impression that investigators had continued working on the case.
Sibiya rejected the allegation, attributing the omission to human error and saying police vehicle-tracking data could verify the trip.
“I don’t dispute the fact that it is not included in my first two statements, but that does not necessarily mean that it never happened,” he said.
The commission also highlighted discrepancies between Sibiya’s account and Jacob’s evidence about what occurred during the follow-up visit.
While Sibiya testified that labourers unpacked bags from the container during the inspection, Baloyi pointed out that Jacob had told the commission the container was not fully unpacked.
“So, Colonel Jacob lied to us when he said the container was not emptied?” Baloyi asked.
Sibiya agreed.
Commissioners also questioned Sibiya’s insistence that Isipingo SAPS lacked sufficient storage space for the drugs, a claim central to the decision to move the cocaine to Port Shepstone.
Evidence before the commission suggested the exhibits occupied a relatively small area and could potentially have been accommodated at the station.
Sibiya maintained that a SAPS 13 clerk, Warrant Officer Perumal, had informed officers that no space was available.
However, commission chairperson Justice Mbuyiseli Madlanga indicated that the explanation remained problematic.
Madlanga suggested that, even with further reasonable explanation, the account still appeared to be fabricated. Sibiya declined to comment.
The commission also questioned the source of information contained in Sibiya’s affidavit after he acknowledged making no notes during the operation.
Sibiya testified that he relied on photographs taken at the scene, which he later sent to Jacob via WhatsApp.
He denied collusion, insisting that while discussions between him and Jacob had taken place, they were not aimed at drafting affidavits.
Throughout his testimony, Sibiya maintained that his role in the operation was limited and that he acted on the instructions of senior officers.
The commission has heard, however, that Sibiya was aware key police prescripts were not followed during the operation, including the failure to call in the Local Criminal Record Centre to process the scene.
With Sibiya’s evidence concluded, the commission adjourned for the week and is expected to resume proceedings on Monday morning.
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