Witness A told the Judicial Commission of Inquiry into criminality, political interference, and corruption in the criminal justice system that there was tampering in the ballistic evidence report on the murder case of Vereeniging engineer Armand Swart.
The witness, who is a police detective, told the commission that certain crucial information was omitted from the Swart murder case ballistic report.
He was testifying on Monday at the commission’s hearings held partially in camera.
Witness A was testifying off camera from a remote location, but his voice was audible for the public.
Witness A’s name and face were not disclosed during Monday’s proceedings taking place at the Brigitte Mabandla Justice College in Pretoria.
Probing organised crime
During his testimony led by evidence leader Adv Lee Seegels-Ncube, Witness A said he is testifying about his experiences as a detective investigating crimes related to the criminal cartels that form the subject of the commission’s investigations and to the attempts that have been made to interfere with these investigations.
He said his work involves investigating organised crime, and he is part of the team investigating Swart’s murder.
Swart, who worked at Q Tech Engineering Company based in Vereeniging, was shot and killed outside his workplace in Vereeniging on April 17 2024.
He was shot and killed when the alleged hitmen mistook him for another employee who is a whistleblower.
Witness A said a few months after Swart’s murder, he requested the national head of South African Police Service (SAPS)’s organised crime unit, Maj-Gen Richard Shibiri, to fast-track and finalise the Swart murder case ballistic evidence report.
Murder report had omissions
“We [five detectives in the Swart murder case] went through the report and found omissions in the report. Something was missing. Fifteen cartridges were sent to a lab in Pretoria, and the ballistic report made no mention of the cartridges that were found inside the Viano vehicle belonging to Michael Pule Tau…
“The report did not have the linkages of the Bramley scene [where Viano was found] and the Vereeniging crime scene…” said Witness A.
Former SAPS detective Michael Pule Tau (55) and alleged hitmen Musa Kekana (35), Tiego Floyd Mabusela (47) and alleged drug cartel member Katiso “KT” Molefe (61) were arrested and charged with the murder of Swart.
Tau, Kekana and Mabusela remain in police custody after not bringing a bail application. Molefe was granted R200 000 bail in June on appeal by the Pretoria High Court.
Suspects dangerous people
Witness A added that while busy investigating Swart’s murder, Shibiri called him and his fellow detectives to a meeting.
“Upon arrival at the meeting, Shibiri said the case of Molefe, Tau and others was a sensitive case, and the people we arrested are connected to dangerous people…” said Witness A.
According to Witness A, one of the dangerous people mentioned by Shibiri to him is late taxi boss Zanemvula Jothan Msibi.
Msibi, popularly known as Mswazi, was a wealthy Pretoria taxi owner and transport mogul. He died in a Pretoria hospital in January 2024 due to an undisclosed illness.
Envelopes tabled for officials
Witness A further said during the meeting with Shibiri, Shibiri said there were three envelopes on offer ready for the magistrate, prosecutor and investigating officers in the Swart murder case.
Witness A did not say whether the envelopes were about money or something else.
The commission will resume on Tuesday at 9:30am with the continuation of Witness A’s testimony.
The commission’s chairperson, retired Constitutional Court Justice Mbuyiseli Madlanga, ruled that the commission’s hearings from Monday to Wednesday will hear testimony from Witnesses A, B and C in partially in-camera hearings.
Madlanga said the three witnesses will testify off camera at a remote location but with their voices audible to the public and the media seated in the Brigitte Mabandla Justice College auditorium.
Meanwhile, last week Tuesday, Witness X testified remotely and off camera.
The answers of Witness X to questions posed by the evidence leaders were repeated publicly through an intermediary whose voice was broadcast live as the evidence leader repeated the witness’s words.
Madlanga then said the commission ran into technical difficulties that had the potential of endangering the safety of Witness X. As a result, the commission decided to stop proceeding in accordance with the ruling made by agreement.
Thursday and Friday’s testimony was heard in-camera.
