By Johnathan Paoli
Despite a day of suspense, the Madlanga Commission of Inquiry has postponed the cross-examination of businessman Tumelo Nku until Monday after evidence leader Advocate Teboho Mosikili informed the inquiry that consultations with the witness had made “significant progress” but could not be concluded in time for proceedings to continue on Friday.
The unexpected adjournment came after the commission stood the matter down for several hours while consultations took place behind closed doors.
“Chair, I came to report that we have made significant progress with the witness. However, the process is still ongoing, Chair, and if we were to proceed with Mr Nku’s evidence right now, Chairperson, given the time of the day, we would not finish because we still have to wrap up that process and then come back for his testimony,” Mosikili said.
“Our humble request, Chair, would be that we proceed with his evidence on Monday and we adjourn today’s proceedings,” he added.
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Commission chairperson Mbuyiseli Madlanga granted the request, directing Nku to return promptly when proceedings resume.
“Mr Nku, the resumption of your testimony will be at 9.30 on Monday. Do you understand? So you must be here at that time on, in fact, before that time on Monday. So come 9.30, we are seated here, and we are starting,” Madlanga said before adjourning.
The delay followed an intense week of testimony during which Nku faced sustained questioning over his role in the 2021 Aeroton cocaine seizure involving more than 700kg of cocaine valued at about R300 million.
Before Friday’s adjournment, Nku had been under pressure to explain why he was carrying R60,000 in cash when he was arrested at the Aeroton crime scene.
Nku, who describes himself as working in data analysis, cyber security, and intelligence gathering, denied any involvement in drug trafficking and maintained that he was acting as a confidential source rather than a member of a criminal network.
He told the commission the cash formed part of company funds intended for travel and business expenses while he monitored the movement of a truck carrying the container from Durban to Johannesburg.
“I utilised the funds for travelling. I did not know how much, or how long one would stay in the vicinity of Durban… but I thought it would be best to travel discreetly,” Nku previously testified.
Commissioners, however, repeatedly questioned the plausibility of carrying such a large amount of cash instead of using electronic banking facilities.
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Madlanga challenged Nku directly, asking: “You take cash to then make deposits. It does not make sense to me, not in this day and age. Why not make an EFT?”
Mosikili also argued that Nku’s explanation conflicted with his evidence that intelligence gathering required spending money to cultivate sources.
“It is hopelessly contradictory for you to say you expected to build a profile to get paid, whereas at the same time you seem to be mentioning that part of the money you had, you were willing to spend as part of collecting intel,” Mosikili said.
The commission also scrutinised Nku’s claim that he merely accompanied police officers after identifying the Yellow Jersey Logistics depot linked to the intelligence he had provided.
Nku insisted Gauteng Traffic Police Chief Inspector Samuel Mashaba instructed him to accompany officers and that he remained only an observer.
“My presence at Yellow Jersey was for me to point out or give the location. I was instructed to follow by Chief Mashaba,” he said.
However, Commissioner Sesi Baloyi questioned why Nku continued following the operation after providing the information, while Mosikili confronted him with Mashaba’s earlier evidence that Nku himself had requested to accompany the police because previous intelligence he had supplied had allegedly not been acted upon.
The commission further challenged Nku’s insistence that he was a confidential police source after establishing that he had never been formally registered as a SAPS informant, had never received an informant number, and had never been assigned an official handler.
Nku conceded under questioning that he had never been formally registered or signed an informant-handler agreement.
On Thursday, commissioners also instructed Nku to provide a comprehensive list of law enforcement officers to whom he had supplied information, together with details of the investigations involved.
The commission has initiated application proceedings from another anonymous witness, Witness L, to testify behind closed doors.
