By Johnathan Paoli
Durban Hawks Narcotics Unit Lieutenant-Colonel Kwazikwakhe Sibiya told the Madlanga Commission of Inquiry on Friday that he was merely carrying out instructions from senior officers during the controversial seizure of 541kg of cocaine at Durban harbour in June 2021, which later led to the theft of part of the consignment from police offices in Port Shepstone, KwaZulu-Natal.
Appearing before the commission, Sibiya distanced himself from key decisions surrounding the handling, processing and storage of the drugs.
“My actions were limited, transparent and consistent with the duties of a subordinate officer mainly providing support and manpower. There is no factual basis to suggest I was a party to the ‘design’ or ‘coincidence’ that Maj-Gen Flynn alleges,” he said.
His testimony follows allegations by Hawks Serious Organised Crime head Major-General Hendrick Flynn, who previously suggested the handling of the cocaine may have been aimed at undermining the investigation and facilitating the theft.
Sibiya said he was selected by Durban Hawks Organised Crime Unit commander Colonel Gavin Jacob to assist in the operation despite having no prior experience in major drug investigations.
Before 22 June 2021, he was attached to a unit dealing with Economic Protected Resources and had not been involved in large-scale narcotics investigations.
He told the commission he accompanied Jacob and Warrant Officer Livingstone Mpangase to the CHC Depot after receiving information about a container allegedly carrying cocaine. The operation was led by a Crime Intelligence officer identified as then Captain Jabulani Duma.
The team discovered 27 black bags containing 541 bricks of suspected cocaine.
Sibiya said decisions regarding the processing of the crime scene were made by Jacob, whom he described as the crime scene commander.
He denied allegations that he failed to secure the scene, summon the Local Criminal Record Centre (LCRC), properly seal exhibits or ensure their transfer to the Forensic Science Laboratory, arguing that those responsibilities rested with Jacob and other designated officials.
“The decision not to process the scene at the depot, and consequently not to call the LCRC, was taken by the Crime Scene Commander, Lt-Col Jacob,” he said.
Sibiya also denied participating in any scheme to make the drugs vulnerable to theft.
“I was not part of any scheme, nor did I engage in any process designed to make the exhibits vulnerable to theft,” he said.
He maintained that the decision to move the cocaine from the depot to Port Shepstone was taken by senior management and that he had no authority over the matter.
However, commissioners repeatedly challenged his attempts to shift responsibility to his superiors.
Commission chairperson Justice Mbuyiseli Madlanga questioned why Sibiya complied with instructions that he now concedes were inconsistent with SAPS procedures.
When asked about the failure to call in the LCRC to process the scene and collect fingerprint and DNA evidence, Sibiya acknowledged that prescribed procedures had not been followed.
Pressed on whether he had allowed himself to be used as a pawn, Sibiya insisted he was acting under instruction.
“You comply and complain later. If your commander says this is the decision I’m taking, you cannot challenge the commander,” he told the inquiry.
Madlanga expressed scepticism, noting that Sibiya was aware at the time that required procedures were being ignored.
Under questioning from Commissioner Sesi Baloyi, Sibiya conceded that the handling of the bags at the depot compromised the integrity of the crime scene and acknowledged that he had contributed to that compromise.
The commission also scrutinised the decision to remove the cocaine from the depot.
Sibiya argued that there was insufficient space to process the exhibits and that operating machinery in the area posed safety concerns.
However, evidence before the commission showed the 27 bags occupied only about one-and-a-half parking bays when unpacked at Isipingo Police Station.
Commissioners suggested the scene could have been secured and processed at the depot without relocating the drugs.
Sibiya eventually conceded that, had the area been properly cordoned off, investigators could have unpacked, counted and processed the exhibits on site.
Commissioner Sandile Khumalo also questioned why Sibiya never asked why he had been selected for the operation despite lacking experience in drug investigations.
Khumalo suggested Jacob and Mpangase may have chosen him because he was unlikely to challenge decisions that deviated from regulations.
Sibiya rejected the suggestion, saying he trusted both officers and believed they were acting within the scope of their duties.
The commission continues.
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