Component Head for Serious Organised Crime at SAPS Directorate for Priority Crime Investigation (DPCI/ Hawks), Major General Hendrik Flynn testifies at the Madlanga Commission of Inquiry.
Image: Oupa Mokoena / Independent Newspapers
The commission of inquiry headed by retired Constitutional Court Justice Mbuyiseli Madlanga this week took the unusual step of hearing the evidence of a witness in camera with no video or audio feed publicly available.
Justice Madlanga ruled that the testimony of “Witness H” on Friday would be completely behind closed doors.
Earlier this week, the unidentified witness applied to the Madlanga Commission of Inquiry to give evidence on the theft of 541 bricks of cocaine valued at R200 million from the Hawks’ premises in Port Shepstone, on the south coast of KwaZulu-Natal.
The anonymous witness’ evidence demanded total confidentiality due to its sensitivity.
The secret witness was expected to provide details on the seizure of the drugs at the Durban harbour, as well as processes surrounding the storage and handling of the seized narcotics, including the ongoing investigations into the Port Shepstone theft.
An affidavit filed in support of the application reads: “Public disclosure of such information at this stage would risk alerting suspects, facilitating the destruction of evidence, compromising investigative strategies, and exposing individuals who have provided critical information. The investigations are interconnected, and disclosure in respect of one investigation would create a real risk of exposing details of other ongoing investigations.
“In light of the sensitive nature of the evidence, the advanced but incomplete status of the investigations, and the need to protect witnesses, informants, and the integrity of ongoing and future prosecutions, it is further requested that the identity of the witness be protected and that the statement and transcripts of the testimony not be subject to public disclosure.”
The commission also heard from Major-General Hendrik Flynn, component head of the Hawks' Serious Organised Crime Unit, that the theft of the cocaine in November 2021 was intentional.
Flynn testified that a consignment of 547kg of mandrax had been stored at the Isipingo police station store in eThekwini over a year earlier.
However, there was suddenly insufficient space to store 541kg of cocaine, which was then transported to the Hawks’ storage facility in Port Shepstone.
“I am of the view that it is not a coincidence and that the sequence of events is indeed by design,” Flynn said.
He continued: “It is unclear when the theft occurred because the alarm system that was fitted at the premises was not working properly. In addition, there was no armed response service because the contract with the private security company was not renewed, having expired in March 2020. The alarm was also not maintained.”
Retired senior Hawks officer Lieutenant-Colonel Jakobus Prinsloo also told the commission that all the police officers at the office were called for polygraph testing.
“We all underwent the test. All members were subjected to a three-hour test. My test was six-hours long. I was treated as a suspect. I did pass my test nonetheless,” he said.
According to Prinsloo, KwaZulu-Natal Hawks head of the Serious Organised Crime Brigadier Campbell Nyuswa, following consultation with provincial Hawks head Major-General Lesetja Senona, issued an instruction that the drugs be relocated to Port Shepstone.
He described the break-in as an inside job, as whoever cut the locks knew exactly what they were doing because the door contained special safety features.