By Johnathan Paoli
Independent Police Investigative Directorate (IPID) assistant director of investigations Zelda Maphosho has defended her investigation into the controversial 2021 Aeroton drug bust, maintaining that suspended Gauteng Crime Intelligence head Major-General Feroz Khan interfered with the crime scene despite conceding there was insufficient evidence to support allegations of defeating the ends of justice.
Resuming her testimony before the Madlanga Commission of Inquiry on Tuesday, Maphosho said Khan’s presence at the Aeroton crime scene was itself problematic given his position within Crime Intelligence.
“The fact that General Khan was at the crime scene raises concerns. As a Crime Intelligence officer, he knows he is not supposed to be at a crime scene and cannot handle it. But he admits that he was at the crime scene where there were drugs,” she said.
Maphosho continued her testimony under extensive questioning about IPID’s investigation into the July 2021 operation that led to the arrest of police officers involved in a major drug seizure.
She alleged that Khan interfered with the handling of the scene and issued instructions regarding the operation.
Maphosho maintained that IPID had found evidence suggesting Khan prevented a K9 unit from carrying out its work and questioned why he had authorised searches of additional containers.
According to IPID’s report, officers involved in the drug seizure were later arrested and charged in connection with the operation.
Among those arrested and charged with defeating the ends of justice were Gauteng Traffic Police Deputy Chief Director Samuel Mashaba, National Intervention Unit officer Warrant Officer Steve Phakula and Zonkizizwe Police Station Crime Information Management and Analysis Centre (CIMAC) commander Warrant Officer Marumo Magane.
The report also noted that Khan and suspended Gauteng Hawks head Major-General Ebrahim Kadwa attended the scene and alleged that they could not adequately explain their roles there.
IPID recommended that the National Prosecuting Authority consider criminal proceedings.
However, under questioning from evidence leader Advocate Teboho Mosikili, Maphosho acknowledged shortcomings in aspects of the investigation.
Mosikili pressed her on whether there were sufficient grounds to support allegations of defeating the ends of justice.
Maphosho conceded that investigators lacked evidence to prove that offence, but maintained that interference had occurred.
Commissioner Sesi Baloyi challenged that assertion, arguing that Khan had in fact provided a comprehensive explanation of his conduct.
Baloyi referred to Khan’s statement to investigators, in which he detailed how he responded after receiving information that officers at the scene were allegedly attempting to remove the contents of a container suspected of containing drugs.
In the statement, Khan said he arranged police backup to ensure proper procedures were followed and that no evidence was improperly removed from the scene.
Baloyi accused Maphosho of misrepresenting the contents of Khan’s statement.
“You ask him for a statement, and he gives you a statement. There is an explanation of his role at the crime scene. You don’t say you don’t believe his explanation; you say you are unable to find an explanation, and I put it to you that that is false,” she said.
Commissioner Sandile Khumalo similarly challenged the suggestion that Khan had failed to explain his actions.
Khumalo said investigators may have had reservations about Khan’s conduct, but it was inaccurate to state that he had not provided an explanation.
Maphosho ultimately conceded the point.
Further criticism centred on IPID’s handling of evidence relating to additional containers allegedly searched during the operation.
Baloyi challenged Maphosho’s repeated references to other containers, arguing that no witness had testified that officers searched three containers.
When Maphosho suggested the K9 unit would ordinarily search the entire area, Baloyi responded sharply, saying investigators should not “fabricate information” and describing the conclusion as illogical.
The commission also heard evidence about discrepancies in the handling of drug exhibits.
Maphosho testified that IPID identified differences between the number of drug bricks recorded by forensic analysts and the figures reflected in SAPS registers.
She said investigators sought to establish what had happened after analysts reported receiving 715 bricks while SAPS documentation reflected 700.
Despite accepting that allegations of defeating the ends of justice could not be sustained, Maphosho maintained that Khan’s conduct amounted to interference and insisted that his presence at the crime scene remained a matter of serious concern.
