The Madlanga commission has intensified its scrutiny of the decision to remove a 541kg cocaine consignment from the scene of its seizure.
Chairperson Justice Mbuyiseli Madlanga and evidence leader Adv Mahlape Sello questioned whether established police procedures were deliberately bypassed.
Central to the commission’s concerns is Col Gavin Jacob’s decision to transport the drugs from the CHC depot in Durban to Isipingo police station rather than process them at the scene in accordance with national directives.
Storage space argument challenged
Sello challenged Jacob’s explanation that the CHC depot lacked sufficient space for officials to properly conduct their work.
She pointed out that on July 13 2021, just a month after the 541 KG seizure, authorities processed a separate 999kg cocaine seizure at the same depot.
“On 13 July there was another seizure of 999 kilograms at the CHC depot,” Sello told Jacob, suggesting the facility was capable of accommodating major drug operations.
Jacob disputed the assertion. “I may be mistaken, but I don’t believe that operation took place at the same depot.”
Storage options ‘not exhausted’
Madlanga also questioned Jacob’s claim that all possible storage options had been exhausted before the drugs were moved.
The chairperson noted that Jacob had not contacted three police stations situated near the CHC depot to determine whether suitable storage facilities were available.
“You never contacted those police stations,” Madlanga put to Jacob.
Madlanga further suggested that Jacob had misled his superior, Brig Campbell Nyuswa, when he reported that all storage options had been exhausted.
Jacob pushed back against suggestions that he had lied.
“‘Lied’ is a harsh word,” Jacob said.
Departure from national instructions
The commission also heard that Jacob deliberately departed from national instructions requiring Local Criminal Record Centre (LCRC) officials to attend crime scenes and process exhibits.
Jacob explained that previous experiences with LCRC officials influenced his decision.
“They disappointed investigators because detailed forensic reports were not returned,” he told the commission.
However, Jacob acknowledged that the decision was wrong.
“In hindsight, it was incorrect. I would do it differently today.”
Standard recording processes flouted
Sello argued that Jacob’s actions were not merely a procedural error but part of a intentional decision to avoid standard SAPS recording processes.
“You deliberately chose not to call the LCRC to the scene and instead moved the entire consignment to Isipingo police station,” Sello put to him.
She further suggested that the drugs were never intended to be properly processed through official SAPS channels.
“The intention was that the drugs would be recorded only as a cryptic SAP13 exhibit,” she alleged.
Jacob rejected the accusation.
“No, that was never the intention,” he responded.
The colonel also defended the eventual transfer of the cocaine to the Port Shepstone Directorate for Priority Crime Investigation (DPCI) offices.
“I was instructed by Brigadier Nyuswa to have the drugs stored there. I saw nothing improper about that arrangement,” he testified.
Jacob maintained that responsibility for the cocaine shifted once it was booked out of Isipingo police station.
“Warrant Officer Mpangase signed the drugs out of the SAP13 register. Responsibility rested with him,” he said.
The commission further examined entries in the investigation diary relating to forensic testing of the drugs.
One diary entry suggested that the entire 541kg consignment had been sent for analysis in June 2021. However, evidence before the commission indicates that only a small sample was submitted in July 2021.
Jacob described the diary entry as misleading.
“That entry is incorrect,” he said, blaming former warrant officer Livingstone Mpangase for recording inaccurate information.
At the same time, Jacob admitted that he had instructed officials to submit only small samples for testing despite national directives requiring all exhibits to be sent for forensic analysis.
The evidence forms part of the commission’s ongoing investigation into the handling and eventual disappearance of the 541kg cocaine consignment.
- The Madlanga commission is investigating the removal of a 541kg cocaine consignment from the seizure scene, focusing on whether police procedures were bypassed by Col Gavin Jacob.
- Jacob moved the drugs from Durban's CHC depot to Isipingo police station instead of processing them on site, citing lack of space, a claim challenged given a larger 999kg seizure was processed at the same depot.
- Jacob admitted to not contacting nearby police stations for storage as claimed and acknowledged his decision to bypass national instructions requiring on-scene Local Criminal Record Centre (LCRC) involvement was wrong.
- Evidence leader Adv Mahlape Sello suggested Jacob deliberately avoided standard SAPS recording procedures, possibly intending improper recording of the drugs, allegations which Jacob denied.
- The commission found discrepancies in forensic testing records, with only small samples tested despite directives to test all exhibits, and continues to probe the cocaine's handling and disappearance.
