WhatTheySaid.co.zaThe Madlanga Commission record, in plain language
decisionundatedE000148

Officer pushes for early destruction of Aeroton cocaine before testing

An officer pushed for the urgent destruction or disposal of what was believed to be the Aeroton cocaine exhibits before FSL testing was complete. The stated justification was that the defence in any prosecution could request to physically inspect the exhibits during trial. Requests for FSL to advise on destruction procedure were made. This is the key misconduct allegation for Heist 2.

Described by 2 witnesses
Warrant Officer Karl Sanderday 110, day 111Colonel Francois Steynday 105
Each of these people gave first-hand evidence about this event. Several accounts of the same event is a property of the record — it is not verification, and witnesses can be mistaken together.
13 claims from testimony
"someone was pushing for the urgent destruction or disposal of what was believed to be Cocaine"
stated actionChairpersonCL0109080
"Reason being, throughout the court case, the Defence can ask to actually see these exhibits"
reason for destruction timingColonel Francois SteynCL0109084
"FSL Pretoria was able to dispose of the exhibits"
action takenPretoria forensic laboratoryAdv Baloyi SCCL0126297
"please, can you make that we can destroy these things?"
action takenForensic Science Laboratory (FSL)Warrant Officer SanderCL0126314
"have you ever requested FSL to enquire from FSL how to go about destroying exhibits if they take time to make storage available for your exhibits"
action takenForensic Science Laboratory (FSL)Adv Segeels NcubeCL0126630
"I have, due to correspondence in matters that I have, and it was requested to me that I correspond, that I can move exhibits to them for destruction. Yes, I have"
action takenForensic Science Laboratory (FSL)Warrant Officer SanderCL0126631
"Not for you to move exhibits to them for destruction, where you are asking them how you can destroy drugs"
action takenForensic Science Laboratory (FSL)Adv Segeels NcubeCL0126632
"all property and exhibits seized must be stored or entered in the SAP13 property register of the relevant police station"
requirementNational Instruction 8/2017Adv Khumalo SCCL0203019
"it says, and entered into an SAP13 of that relevant unit"
requirementNational Instruction 8/2017Adv Khumalo SCCL0203023
"the DPCI offices in Port Shepstone did not have an SAP13 register"
possession statusAdv Khumalo SCCL0203024
"that is the sort of thing you would have established if there was an investigation"
would have establishedAdv Khumalo SCCL0203026
"In October of 2021, there was no SAP13 register that records where these exhibits were stored"
existedAdv Khumalo SCCL0203036
"keeping them there without a proper SAP13 register"
possession statusAdv Khumalo SCCL0203051