Madlanga Commission | Chats reveal alleged illegal deals using SAPS brand

The Madlanga Commission on Tuesday turned its focus to WhatsApp messages that allegedly suggest that detained South African Police Service (SAPS), Sergeant Fannie Nkosi and the late taxi boss Jothan “Mswazi” Msibi, were attempting to sell “grabber technology” to eSwatini.

The messages, exchanged between Msibi, Nkosi and a cellphone expert known to the commission as Shaun Jacobs, were presented as evidence during the proceedings.

The technology was allegedly being sourced from a company based in the Czech Republic, with Nkosi reportedly acting as an intermediary.

The commission’s evidence leader, Advocate Matthew Chaskalson, explained that “grabber technology” generally refers to an IMSI catcher, a surveillance device that can mimic a cellphone tower to intercept mobile phone traffic and track the location of devices.

The commission was shown WhatsApp chats that allegedly indicate Nkosi signed contracts with the international company supplying the technology while presenting himself as acting on behalf of SAPS.

Chaskalson suggested that Nkosi’s actions could amount to fraud.

He said those with knowledge of Nkosi’s letter could potentially be implicated, identifying Msibi and Jacobs as two people whose involvement could be established from the evidence.

The commission heard that Nkosi allegedly signed the contract using an official SAPS stamp and his force number.

It further heard that while the company believed the technology was being acquired for SAPS, Nkosi and Msibi were allegedly planning to sell it to eSwatini and certain private individuals.

The commission was also shown WhatsApp exchanges involving Msibi and former Ekurhuleni municipal manager, Imogen Mashazi, including a message in which someone sent Msibi Mashazi’s virtual Outlook contact card.

The evidence relating to Msibi was placed on record amid allegations that he had questionable connections with law enforcement and municipal officials.

The commission heard that on 25 September 2023, Msibi called Mashazi on WhatsApp, although the contents of the call remain unknown.

Mashazi sent a message thanking Msibi after the call.

Chaskalson also presented WhatsApp chats between businessman, Ze Nxumalo and Msibi, about a pending Ekurhuleni tender.

In the exchanges, Nxumalo asked Msibi whether one of the bidders was being “spoken for” within the bidding panel.

In further messages, Nxumalo told Msibi that they had “locked the trade” and that “she” would receive payment in euros , amounting to just under R1 million.

Chaskalson then read out Nxumalo’s response when asked who “she” was and what trade had been “locked”.

The commission has also established a possible link between controversial North West businessman, Suliman Carrim and Msibi.

This follows evidence that Carrim’s company, Ziggy Investments, in a joint venture with Transnational Coaches, had financial dealings with companies linked to Msibi.

Msibi, who died in January 2024, is alleged to have been the leader of the so-called Big Five Cartel.

Chaskalson presented WhatsApp chats showing discussions about the status of subsidised public transport contracts.

He focused on one of the bids involving Msibi, with the chats showing him receiving a message confirming a meeting in Sandton the following day.

The message was followed by a document titled “For the supply of quality road-based subsidised public transport services for Gauteng.”

In the chats, an unidentified person also sent Msibi the requirements for the government contract, after which Msibi forwarded documents relating to a company he suggested should be included in the bid.

“So in chat 2, these are the requirements that the sender forwards to Mr. Msibi. CSDBE level operating license which they will be getting from the subcontractor with financial amounts, percentage of network subcontracted. Mr. Msibi then in chat number four, sends back details of presumably the entity that is going to be subcontracted, and that is they Styles, the company that we’ve seen previously,” said Chaskalson.

The commission also heard evidence of payments of R700 000 and R1 million made by Transnational Coaches to SANTACO and Tucofin, companies linked to Msibi.

Chaskalson said the evidence appeared to point to a connection between Carrim’s businesses and Msibi, something alleged underworld figure, Vusimuzi “Cat” Matlala, also raised during his recent testimony.

Written by: Odirile Rabalao