Madlanga Commission | IPID director says Aeroton drug-bust file went missing

Independent Police Investigative Directorate (IPID) Assistant Director of Investigations, Takalani Zelda Maphosho, says she discovered that Pretoria Directorate for Priority Crimes and Investigations (DPCI/Hawks) Lieutenant-Colonel, Lesley Maluleke, had opened an enquiry file linked to a suspected drug-carrying shipping container in July 2021.

Maphoso resumed her testimony before the Madlanga Commission on Tuesday, where she revealed that she was later informed the file had gone missing after her enquiry into it.

She told the commission that Maluleke was unable to trace the file after an unidentified sergeant allegedly handled it.

“Commissioners, I asked about the enquiry file from (Steve) Phakula and also from Maluleke, who told me that they had an enquiry file in his office that was about the drugs. However when I called for the copies of that particular file, I was told that it was missing. It was handled by a certain sergeant, I forgot his name, and he couldn’t locate the file,” said Maphoso.

She added that SAPS records enquiry files manually, making it difficult to trace or duplicate records, and said she is still unsure whether the file ever existed.

Commissioner, Sandile Khumalo, raised concern over the finding, noting that such a system allows files to be easily lost or removed without trace.

Maphoso was investigating a case opened by K-9 unit officer, Steve Phakula and Zonkizizwe South African Police Service (SAPS) Crime Information Management and Analysis Centre (CIMAC) commander, Marumo Magane, against Hawks and Crime Intelligence officials for allegedly defeating the ends of justice.

This followed an incident in which Magane and Phakula, along with Gauteng Traffic chief Samuel Mashaba and alleged police informant Tumelo Nku, were arrested on 9 July 2021 during a drug-bust operation in which authorities discovered at least 715 kilograms of cocaine concealed in a Scania shipping container at the trucking warehouse in Aeroton, Johannesburg.

Officials allegedly discovered drugs valued at about R300 million and loaded them onto an unmarked bakkie belonging to Magane, claiming they were transporting the consignment to the nearest police station.

Maphosho further testified that in June 2024, the National Prosecuting Authority (NPA) declined to prosecute after IPID referred the case against senior Crime Intelligence and Hawks officials for a decision.

She said the referral followed statements obtained from Magane and Phakula, who had opened a counter-case against former Gauteng Hawks head Major-General, Ebrahim Kadwa, Acting Gauteng Hawks Brigadier, Paulina Sekgobela, West Rand Hawks head, Francois Steyn, Hawks Lieutenant-Colonel, Joseph Sebola, and former Crime Intelligence deputy head Major-General, Feroz Khan.

Maphoso said the NPA concluded the matter was more suited for mediation, describing it as an internal dispute, and found insufficient evidence of intent to defeat the ends of justice.

The commission questioned Maphosho’s referral report, with evidence leader, Advocate Tebogo Mosikili, challenging her on what he described as a reliance on complainants’ versions without adequately considering the accused officials’ accounts.

Mosikili also argued that the report lacked sufficient grounds for recommending prosecution for defeating the ends of justice.

Maphosho maintained that she followed IPID Standard Operating Procedures when compiling the report.

‘I wanted to explain that this is the standard form that we use at IPID. However previously we used to have, a column where we analyse like the contents of the whole docket where we will explain as to what we found while conducting investigations,” said Maphoso.

She added that she avoided going beyond IPID’s SOP, saying she had previously faced internal conflict after including personal analysis in reports.

Meanwhile, Witness I, who also testified at the commission on Tuesday, said an enquiry was opened in August 2020 into a Zambezi, Pretoria North individual allegedly linked to drug trafficking.

He recounted events he believes led to the July 2021 drug bust, telling the commission that Sergeant Masuma informed him of a tip-off about suspected cocaine consignments.

Witness I said that while on duty in Pretoria, Phakula called him requesting assistance with the operation.

He added that upon arriving at the scene with Masuma, he observed Crime Intelligence Major-General Khan allegedly instructing that the officials involved in seizing the drugs be detained.

The commission also heard that Magane’s bakkie was kept at Booysens Police Station until he collected it two weeks after he was released from custody.

Written by: Odirile Rabalao