Madlanga Commission | Witness K details alleged precious stones deal involving EMPD officials and fallout with Mkhwanazi

Witness K has rejected claims that she was handed a box containing sugilite precious stones after they were allegedly unlawfully seized from their owner on 11 February 2023 by Ekurhuleni Metropolitan Police Department (EMPD) officials.

The claims are contained in a statement by EMPD Constable, Kesher-Lee Stols, one of the officers alleged to have gone to a Killarney apartment to seize the stones on the instruction of suspended EMPD Deputy Chief, Julius Mkhwanazi.

Witness K testified in-camera before the Madlanga Commission on Tuesday, saying she came forward to assist the commission in its investigation into the controversial case.

Witness K, a Johannesburg Metropolitan Police Department (JMPD) inspector attached to the Important Persons Unit, told the commission that after Stols, EMPD Constable Norman McKenzie and civilian Eitiaan van der Walt allegedly removed the stones from a Killarney property, Stols contacted her and requested a meeting.

She testified that the group met in Cyrildene, Johannesburg, at the home of a friend of informant, Jango Sermon.

The witness further told the commission that van der Walt proposed that the stones be exchanged for R110,000.

Witness K said that during the meeting, Sermon expressed dissatisfaction with the quality of the stones, claiming that some appeared to be imitations.

She further testified that after Sermon took possession of the stones, he paid her R110,000 in cash the following day. She added that the money was shared among Stols, McKenzie, Mkhwanazi and van der Walt.

Witness K also told the commission that her relationship with Mkhwanazi, which she said began in late 2022, ended shortly after the incident and they have not been in contact since.

She testified that after she first informed Mkhwanazi about the alleged stones before they were stolen, he became increasingly persistent, urging her to obtain more information while he assembled a team to act on the intelligence.

She said Sermon had initially driven her to a Killarney block of flats where she became aware of the alleged cache of stones, and that she only relayed the information to Mkhwanazi about six months later.

“Mr Sermon pointed out the block of flats to me and and give me the unit number of the the flat where the stones were kept I then gave those derails to Mr. Mkhwanazi,” said witness K.

Witness K said she expected Mkhwanazi and his team to proceed to the property to verify the information and forcibly remove the stones from their alleged owner.

She further testified that while Mkhwanazi was serving a suspension in 2023 during his tenure as an EMPD director, he frequently borrowed money from her, beginning just two months into their relationship.

She told the commission she also assisted with school fees for Mkhwanazi’s children.

Witness K said she eventually reached a point where she could no longer provide financial assistance, as her own financial obligations had become overwhelming and had depleted her savings.

She testified that Mkhwanazi then asked her to share any information that could help them generate money.

The witness further told the commission that during her operational duties at JMPD, she received information from Sermon about an individual in Killarney allegedly in possession of  precious stones.

She admitted that she shared the information with Mkhwanazi but maintained that she did act on the tip-off.

The commission also heard evidence relating to WhatsApp messages in which Stols allegedly asked Witness K to influence Independent Police Investigative Directorate (IPID) officials to have the case against them dropped.

At the time, Stols, Witness K, Mkhwanazi and McKenzie were facing an internal disciplinary proceedings over the alleged theft of the precious stones.

In one message, which drew particular attention, Stols suggested that nothing would come of the disciplinary hearing if Witness K could “get through” to someone within the Johannesburg IPID division.

When evidence leader, Advocate Ofentse Mahlasedi, questioned Witness K about the message, she initially attempted to downplay its significance saying she could not recall what Stols had intended.

“I can’t remember well here what we really needed from the IPID guy, the one in Joburg,” she said.

“Except to say that you were going to request them for help with the case, is that right?” Mahlasedi asked.

“I can’t remember,” Witness K responded.

Commissioner, Sesi Baloyi, rejected that explanation, suggesting the message implied Witness K had been tasked with finding someone within IPID who could corruptly ensure the case against the EMPD officials was dismissed, as they were facing possible prosecution and arrest.

Under further questioning, Witness K conceded that this interpretation was correct.

“Maybe at the time you may not have known people within IPID, you didn’t know who you would talk to, but what is clear from this communication is that your task and what you were undertaking was that you would speak to someone inside IPID that would bring this investigation against you to an end. That’s what it is. In your own words. Do you want to comment?” asked Commissioner Baloyi.

“It is true, commissioner,” responded Witness K.

Written by: Odirile Rabalao