Des Erasmus
An undercover SAPS Crime Intelligence operative whose name has previously been mentioned at the Madlanga Commission wants to testify in-camera at the enquiry next week because he fears not doing so could place his and his family’s lives at risk, and compromise active investigations.
“I have a well-founded and genuine fear for my physical safety and the safety of my family,” the witness said in a redacted in-camera application published by the commission late on Friday.
“The purpose of this application is to request that my testimony be heard in-camera and that my physical identity be shielded from the public domain.”
The commission is scheduled to rule on the application on Tuesday.
The witness, who works in Durban, said he interacts with “criminalised sources and undercover agents” and that public exposure would compromise the integrity of intelligence operations.
“I am an undercover/covert operative,” he said. “When meeting these people my legend has to blend in and not be identified as a policeman so as to protect my identity, the people I meet and the integrity of the information/intelligence or operation.”
The commission will resume on Monday, and continue hearing evidence on police drug seizures, including the 541kg of cocaine seized at the CHC container depot in Isipingo, Durban, in June 2021. That haul had a street value of R250 million.
It is also expected to hear testimony about the subsequent theft of the seized drugs from the Hawks Port Shepstone offices in November 2021, and the suspected attempted theft of another cargo load in Gauteng.
Said the witness in the affidavit: “There is a risk of cartels associating my name with all these recoveries, which has caused a big hole in their wallets, they will attack me without sending a warning because they always do as soon as they put a face to my name which has already been mentioned (at the commission).
“[T]he examples of murders linked to the drugs that went missing are those of DJ Sumbody and his bodyguards, Sandile DJ Citi Lyst Mkhize, Thulani Heavy P Msimango and Hector Ginimbi Buthelezi who are reported to be the casualties of the same conflicts of these stolen drugs, as it is reported.”
According to a supporting affidavit by commission attorney Yajana Kilawan, the witness provided intelligence that led to the Port Shepstone seizure and was present at the crime scene.
Kilawan said the witness engaged with DPCI members involved in the seizure and accompanied them when the exhibits were transported to Isipingo.
In his affidavit, the witness said his work also includes undercover operations related to cash-in-transit heists, business robberies, murders and other crimes.
“I have to meet and pay sources together with handlers, whoever is seen with me will be killed because I have been seen on TV testifying in the commission, this will not only put my life at risk but my family as well. Members depend on me, and they will be facing the same risk,” he said.
“The manner in which my name has been mentioned in the commission has put my life in danger and at high risk,” he said.
“In my belief, this action has compromised me. I have been exposed to all the Cartels who are smuggling drugs through the Durban Harbour.”
The application asks the commission to prohibit the media and public from publishing the witness’s photograph, name, address or any details that could reveal his identity. In the alternative, he asks that his face not be revealed to the public.
“If I am forced to testify in [an] open hearing, fear will prevent me from testifying freely, which will severely prejudice the interests of justice and the commission,” he said.
Kilawan said the legal team had considered the application and believed a balance could be struck by allowing the witness to give evidence via audio link without revealing his face.
Commission spokesperson Jeremy Michaels said in a statement also issued late on Friday that “several witnesses who have previously appeared before the Commission are due to return” upon the resumption of the latest hearings.
These include “[former police] Minister Senzo Mchunu, Major-General Lesetja Senona and EMPD Deputy Chief Julius Mkhwanazi, amongst others. A number of new witnesses are under subpoena to appear in the coming weeks”.
In December last year, Marius van der Merwe, known as Witness D, was gunned down outside his Brakpan home in front of his wife and children just weeks after giving in-camera testimony at the commission.
Former special task force member Matipandile Sotheni was arrested for the murder, and is currently applying for bail. He faces charges that include murder and conspiracy to commit murder.
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