Madlanga Commission: SAPS W/O Steve Phakula admits lying about Aeroton cocaine evidence

Officer concedes contradictions over how Aeroton seizure was handled

The Madlanga Commission heard on Wednesday that SAPS National Intervention Unit Warrant Officer Steve Phakula admitted he had lied in earlier testimony about the handling of a major drug seizure in Aeroton in July 2021.

What happened at Aeroton

Police confiscated 750kg of cocaine bricks in Aeroton after a truck delivered legitimate cargo from Durban Harbour to Scania South Africa. The consignment was said to be worth an estimated R300 million.

Conflicting accounts and admissions

Phakula told the commission that Warrant Officer Marumo Magane called him to the scene to help manage it. Magane, however, said he called Phakula after receiving a call from Gauteng traffic officer Samuel Mashaba, who had been tipped off by informant Tumelo Nku.

In oral testimony, Phakula said he knew the black plastic bags contained cocaine because he could smell them. That statement contradicted his earlier written account, which said the exhibits were intact when he arrived and with his prior claim to the commission that he had no idea what cocaine smelled like.

Justice Madlanga confronts Phakula

Chairing the commission, Justice Mbuyiseli Madlanga criticised Phakula for the inconsistency and for having lied. He told the witness:

“When I engaged you earlier, you accepted that you have no idea whatsoever how cocaine smells, and yet you have said to Commissioner (Sandile) Khumalo you smelled the cocaine, and on that basis, I said you lied because later, when I engaged you, you accepted you do not know how cocaine smells and yet you had said you smelled the cocaine.”

Evidence leader Advocate Teboho Mosikili added that if Phakula could not identify the drugs by smell, he needed to explain how he knew they were cocaine: “The question is how did he know it is in fact cocaine in there because he could not have smelled it?”

Phakula then said he did not know for a fact what the substance was and that he had assumed the bags contained drugs because information he received described them as suspected drugs.

Questions over handling and contamination

The commission noted that one of the bags was torn and suggested Phakula could have smelled the contents through that tear. Phakula denied doing so and maintained that the exhibits were intact when he arrived, though he said the scene was no longer under his control afterwards.

Commissioner Sesi Baloyi pointed out further contradictions around whether Phakula had touched the exhibits. Baloyi quoted him as saying he had avoided touching the bags to avoid contaminating evidence, but under cross-examination Phakula admitted:

“You are saying to us now that you, in fact, did touch the exhibits while you were on the scene?”

To which Phakula responded:

“Correct, yes, that’s what I am saying.”

Broader accusations and missing drugs

Phakula also implicated Crime Intelligence Office Major General Feroz Khan in the matters surrounding the Aeroton seizure. He told the commission that, after his release on bail, Khan asked who the drugs belonged to and laughed off suggestions they belonged to Khan. Phakula said he offered to make the informant Tumelo Nku available to answer questions about the origin of the tip-off.

The commission has also previously heard that part of the consignment went missing in police custody after being handed to the SAPS Forensic Science Laboratory. The inquiry was told that 136.46kg of cocaine, valued at R55 million, had gone missing from police custody in Gauteng.

What the commission is doing

The Madlanga Commission continues to probe the circumstances of the July 2021 Aeroton seizure, the conduct of officers involved and the chain of custody for the seized drugs.

Key facts

• Seizure: 750kg of cocaine bricks in Aeroton, July 2021
• Estimated value: R300 million
• Missing in custody: 136.46kg valued at R55 million (hearing testimony)
• Individuals mentioned: W/O Steve Phakula, W/O Marumo Magane, Samuel Mashaba, Tumelo Nku, Major General Feroz Khan