Envelopes and missing evidence — Madlanga Commission hears allegations of murder cover-up

A police investigator known only as Witness A delivered explosive testimony before the Madlanga Commission on Monday, 20 October, adding detail about the alleged masterminds behind the slaying of engineer Armand Swart in Vereeniging in April 2024 and explaining what appeared to be top officers’ attempts to suppress the case.

Witness A detailed a chain of cellphone communications between former warrant officer Michael Pule Tau and Sandton businessman Katiso “KT” Molefe, whom he claimed set the deadly plot in motion.

Evidence leader Mahlape Sello told the commission that Witness A, a police investigator, had been living in a safe house due to ongoing threats. She said their identity was irrelevant. What was relevant was their testimony.

The Madlanga Commission is hearing evidence into alleged criminality, political interference and corruption within law enforcement, following explosive claims by KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi, who claimed that top officials had conspired to obstruct investigations into criminal syndicates.

On Monday, commission chair Justice Mbuyiseli Madlanga ruled that witnesses A, B and C, all members of the Gauteng Organised Crime Unit probing criminal cartels in Gauteng, would testify remotely. Their voices will be broadcast live, but their identities will remain concealed for safety reasons.

Crucially, ballistic evidence against those charged for killing Swart has allegedly been linked to other cases. 

Swart’s murder

Swart, an engineer at the company Q Tech, was shot and killed in Vereeniging on the morning of 17 April 2024, in what was confirmed by witness A as a case of mistaken identity. He was shot after someone at the company he worked for, reported corruption related to Transnet contracts.

The commission heard that phone records and messages between police officer Tau and Molefe linked the businessman to the planning of Swart’s murder.

Mkhwanazi alleged that Molefe was part of one of the “Big Five” cartels that had infiltrated law enforcement circles. Molefe has been charged with Swart’s murder, as well as the 2022 murder of Oupa Sefoka, better known as DJ Sumbody, in Gauteng.

Read more: SA’s ongoing capture — Mkhwanazi’s accusations and countering charges merge with past state sabotage

Witness A also revealed that the probe into Swart’s murder uncovered links to other killings.

Tau was arrested for Swart’s murder alongside Musa Kekana and Tiego Mabusela, while Molefe was later arrested.

Mabusela and Kekana also face attempted murder charges in the October 2023 hit on actress Tebogo Thobejane, the ex-girlfriend of Vusimuzi “Cat” Matlala. Matlala has also been charged for the attempted murder and was named by Mkhwanazi as another of the alleged Big Five (the other three haven’t been named while investigations continue).

Read more: ‘Someone influenced’ Senzo Mchunu to disband Political Killings Task Team, Mkhwanazi tells commission

No ballistics test

On the day of Swart’s murder, investigators recovered 15 cartridges at the scene. When Witness A and his colleague arrived, they were informed by the SAPS that three suspects had already been arrested in a Mercedes-Benz Viano.

“During the interviews with the suspects, we began questioning them individually and discovered that one of them, identified as Michael, was a police officer. I asked him whether he was not supposed to be on duty, since it was a working day, and he confirmed that he was indeed on duty,” he said.

According to him, Tau admitted that the Mercedes-Benz Viano belonged to him, but claimed he was not the one driving it. This was the same Viano captured on CCTV, allegedly conducting surveillance a day before the murder at the location where the killing took place. 

At the crime scene, investigators recovered four cellphones – one of which was a burner phone, to which no one claimed ownership.

“We also recovered 15 used cartridges of a rifle that was in plastic. One firearm found inside Viano belonged to Tau, a private pistol, licensed.”

They left with the firearms, but left the cartridges at the Silverton Ballistic Centre in Pretoria.

Witness A said he believed the used cartridges had been tampered with when they went to forensics. He explained that when he and Witness B reviewed the forensics report, they noticed there was no information on the cartridges. 

They then took them for a second ballistic analysis of the firearms at the KwaZulu-Natal examination centre.

“I believed there was tampering. When you take everything that happened in this case and going forward, there was tampering not to link the suspects to the case. It is my personal opinion, but influenced by investigation after this omission was depicted,” he explained.

Intimidation and obstruction

Witness A also detailed threats against the investigating team and an alleged police cover-up in the Swart case. 

He said the threats against the investigating team went back to the first time the Swart case was in court, in April 2024. All five members of the investigative team, Witness A, Witness B and three others were present at the time.

The team was shocked upon arrival at court to find it packed to capacity. They later learnt that most of those in attendance were there in support of police officer Tau, and were informed that some were police officers from Johannesburg Central Police Station, where Tau worked. 

However, this could not be verified, as the individuals were dressed in civilian clothing. 

The same group was seen attempting to take photographs of the investigating team inside the courtroom. When the team left the court in three cars, they were followed.

“I was driving at the back just before we left Vereenging. Some of the traffic following us was from the cars that parked at the court. As we drove, these cars tried to drive us off the road. I alerted my colleagues. They told us they were not aware. We stopped on the side road and decided not to take (that) road and used old Vereeniging Road,” said Witness A.

‘Police pressure to ensure bail granted’

Tau’s bail application was initially denied, but he was later granted bail after he told the court that he was a diabetic. 

Witness A testified that there was intense pressure from within the police to ensure he received bail.

Witness A said envelopes containing bribes had been prepared for members of the investigating team and the prosecutor. For this reason, they said, it became crucial for the team to use all its resources to safeguard the investigation docket.

They alleged that in a meeting, Major General Richard Shibiri, a top-ranking officer in the National Organised Crime Unit, told the investigation team that “three envelopes” were available – one for the magistrate, one for the prosecutor and one for the investigators.

Witness A suggested Shibiri’s mention of envelopes was an attempt to bribe those involved in the case. 

Witness A heard from police colleague Vusi Ndlala about Tau’s alleged plans to evade accountability.

“The plan, according to Ndlala, was that Tau was allegedly going to pay his way out [or] he will escape; if that fails he will kill investigating officers.”

The next day, Tau was granted bail.

“It changed the whole situation. It corroborates what Ndlala said and who is connected to the cartel, and when he says they didn’t pay their way out they would kill the investigation officers,” said Witness A.

Witness A asked how Ndlala knew Tau had been granted bail. Ndlala allegedly said Shibiri told him. Ndlala had warned them that there were dangerous people involved in the case [who] would kill them if they didn’t listen, the witness said. 

This prompted Witness A and colleagues to have an urgent meeting with their top brass.

“We were feeling really scared so I requested security to be provided … from that day.”

Only two investigators remained on the case. When asked by Madlanga what had happened to the three other members of the team, Witness A responded: ‘They withdrew because of the pressure they were facing.” DM