Madlanga Commission | Border Security captain explains DPCI role in controversial drug seizure

Border Security Crime Intelligence Captain, Lieutenant-Colonel Justice Duma, says he instructed Counter Narcotics Commander, Gavin Jacobs and Directorate for Priority Crimes Investigations (DPCI) Warrant Officer Livingstone Mpangase, to assist with the interception of a container suspected to be linked to drug trafficking at the CHC Depot, at the Durban Harbour on 22 June 2021.

Duma testified in camera before the Madlanga Commission of Inquiry, where said police had been investigating the matter for weeks and had verified the container number by 21 June.

He told the commission that on the morning of the operation he met with Colonel Jacobs, who was accompanied by Warrant Officers Mpangase and Sibiya, whom he said he was meeting for the first time.

Duma said the team proceeded to the depot, where they engaged with management and confirmed that the container in question was declared as carrying animal feed.

According to Duma, DPCI members then took control the operation, while he provided the container number before stepping back from the process.

He said it was not possible to determine the quantity of drugs allegedly concealed inside the container until it was physically opened and inspected.

“I’m not a counter narcotics specialist. I work on information that comes in, whether it’s airports, land borders or harbours, and you respond accordingly,” said Duma.

The commission previously heard that more than 500 kilograms of cocaine were seized from the container, which allegedly went missing four months later while stored at the Port Shepstone DPCI offices.

Duma said a written intelligence report must be submitted to a brigadier before any interception can proceed.

This follows evidence before the commission that Zonkizizwe Crime Information Management and Analysis Centre (CIMAC) commander, Marumo Magane, conducted a drug seizure operation in July 2021 after receiving intelligence via a phone call from Gauteng Traffic chief, Samuel Mashaba, who had reportedly heard about the case from alleged police informer, Tumelo Nku.

The Lieutenant-Colonel told the commission that Border Security Crime Intelligence is primarily responsible for gathering information on cross-border criminal activity at land, air, and sea ports of entry, including drug trafficking and smuggling operations.

He explained that when intelligence is received regarding possible smuggling at ports such as Durban Harbour, it must first be reported to a commander for assessment and verification.

Duma further testified that Operational Response Services (ORS) is then required to issue a detention order via email for any suspected container and ensure it is moved to a licensed inspection facility designated by shipping line managers.

He said these procedures are essential to ensure that drug trafficking investigations are conducted lawfully and securely.

The commission also heard that non-DPCI officers conducted a separate search-and-seizure operation at Scania’s Aeroton warehouse in 2021, where a container was found with at least 741 kilograms of cocaine valued at about R300 million.

Meanwhile, KwaZulu-Natal (KZN) Hawks Warrant Officer, Karl Sander, returned to the witness stand at the commission, outlining his expertise in drug trafficking investigations and seizure operations.

Sander told the commission that suspected drug trafficking operations must be intercepted as soon as information about them becomes available.

He said that crime intelligence officer are empowered to use legal provisions to conduct search-and-seizure operations when necessary, in an effort to prevent illicit substances from being moved or distributed.

His testimony follows earlier evidence from Marumo Magane, who said he transported a suspected cocaine container to Scania’s Aeroton warehouse to allow a manager to witness the search, raising procedural concerns.

Sander also told the commission that informers may observe operations as long as they do not interfere.

His testimony drew emotional attention after he spoke about undergoing a polygraph test during a probe into the alleged theft of more than 500kg of cocaine exhibits from Port Shepstone DPCI offices.

The results were initially declared void, before later being reinstated, marking a key development in the broader inquiry.

The commission continues.

Written by: Odirile Rabalao