By Johnathan Paoli
Before it adjourned, the Madlanga Commission placed the arrest of alleged organised-crime figure Katiso “KT” Molefe under intense scrutiny, as conflicting testimony from senior police officers revealed deep divisions, procedural lapses and unresolved questions about the role played by members of the Hawks during the operation at Molefe’s Sandhurst home.
The commission, established to probe allegations of corruption, collusion and political interference within South Africa’s criminal justice system, examined whether the Hawks’ intervention on the day of Molefe’s arrest amounted to legitimate verification or improper interference in a lawful South African Police Service (SAPS) operation.
Captain Maxwell Wanda, a former member of the SAPS Political Killings Task Team (PKTT), told the commission that the arrest and search operation was lawful and conducted in support of the Gauteng Organised Crime Unit.
The operation was related to the assassination of engineer Armand Swart, who was shot multiple times while seated in his vehicle outside his workplace, Q Tech, in Vereeniging, Gauteng, in April 2024.
Evidence heard at the commission suggested the murder was a case of mistaken identity.It was alleged that the hit was connected to a Transnet tender dispute involving Molefe’s nephew, and that Molefe was allegedly involved in surveillance/scouting linked to the Q Tech site before Swart was shot. Swart’s firm had blown the whistle on price gouging in the Transnet tender.
According to Wanda, the situation escalated on the day of Molefe’s arrest when a large contingent of Hawks officers unexpectedly arrived at the scene.
Many were dressed in casual “golf shirts” with Hawks insignia, others in plain clothes, and several arrived in unmarked vehicles.
Wanda described the Hawks’ presence as intimidating, aggressive and disruptive, saying officers challenged the legitimacy of the task team and demanded explanations for their presence.
Wanda said tensions only eased after he communicated with Captain Barry Kruger and was later put in direct contact with Brigadier Lesiba Mokoena.
He testified that Mokoena apologised and explained the Hawks had acted on incorrect information.
Wanda further noted a remark made by Molefe’s driver or bodyguard, who claimed Molefe was a friend of then Police Minister Senzo Mchunu; a comment Wanda said heightened the political sensitivity of the arrest.
Brigadier Lesiba Mokoena, head of the Hawks’ Tactical Operations Management Section (TOMS), presented a sharply different version.
He told the commission that he became involved only after then national Hawks head Godfrey Lebeya received reports that individuals at Molefe’s residence might have been impersonating Hawks members.
Mokoena said he was instructed to send a small verification team and insisted he deployed only Captain Kruger and one other officer.
Under cross-examination, Mokoena denied authorising a large Hawks presence or the use of a helicopter.
He also repeatedly denied participating in a WhatsApp group used to coordinate Hawks movements on the day.
However, evidence placed before the commission showed messages linked to him in that very group, prompting commissioners to order that he be recalled to explain the contradictions.
Mokoena conceded that parts of his initial testimony were inaccurate and admitted he may not have told the whole truth, an admission that drew sustained scrutiny from the commission.
Commissioners questioned why Hawks members remained on the scene for close to an hour if their role was merely to verify identities.
Captain Kruger, a long-serving Hawks officer, testified that he was instructed by Mokoena on 6 December to urgently travel from Pretoria North to Sandhurst to verify the operation.
He described logistical challenges, including a vehicle without sirens and poor tyre condition, but said he proceeded due to the seriousness of the instruction.
Kruger confirmed creating a WhatsApp group to coordinate assistance from other Hawks members and a Johannesburg Traffic Police contact.
Messages in the group indicated that by mid-afternoon the Molefe arrest had already been confirmed as legitimate.
Despite this, Kruger said he continued to the scene to personally verify details.
He characterised his interaction with Wanda as calm and professional, but acknowledged that he did not formally request to see the arrest warrant or fully verify identities before arriving, steps that undercut the stated verification purpose.
Kruger also admitted that no formal Hawks inquiry file was opened for the operation, calling it a procedural failure on his part.
Additional Hawks witnesses rejected suggestions of deliberate obstruction.
Captain Dail Nortjie told the commission that his team responded to reports of possible impersonation and withdrew once legitimacy was confirmed.
He said requesting warrant details was for reporting purposes only.
Warrant Officer Paul Radebe, testifying virtually with his identity protected, supported Nortjie’s account, describing confusion rather than interference at the scene.
He acknowledged Hawks members wore branded shirts but denied witnessing actions that obstructed the arrest.
Major-General Ebrahim Kadwa, head of the Gauteng Hawks, said he was unaware of any Hawks operation at Molefe’s home and understood the deployment as a verification exercise.
While conceding tensions between units, he denied intentional interference.
The commission will resume in January.
INSIDE POLITICS