Repeated break-ins at Hawks facility before 541kg cocaine theft, commission hears

Standard procedures governing the handling, recording and transfer of seized narcotics had not been followed with regard to a 541kg cocaine consignment that was later stolen from a Hawks facility in Port Shepstone in November 2021, South African Police Service (SAPS) Major-General Hendrik Flynn told the Madlanga commission of inquiry on Wednesday.

Flynn said there had been non-compliance in the movement of exhibits from Isipingo police station to the Hawks’ Serious Organised Crime Unit in Port Shepstone, as well as failures in subsequent documentation and forensic handling processes.

Flynn told the commission that SAPS procedure required all seized property to be entered into the SAP-13 register at the police station where it was first booked in. He said that must occur before exhibits were transferred to any other facility, to ensure an unbroken chain of custody.

He testified that in the case under review, the exhibits had been booked in and booked out at Isipingo on 22 June 2021 and then transported to the Hawks’ premises in Port Shepstone, where they were stored in a walk-in safe.

However, the SAP-13 register entry at Port Shepstone had been completed only on 24 June 2021, two days after the transfer had taken place.

Flynn told the commission that the sequence did not comply with SAPS protocol.

“Commissioners, after the exhibits were booked in and booked out at Isipingo on the 22nd of June 2021, the officers took the exhibits to the serious organised crime unit in Port Shepstone, stored them there in the walk-in safe. And then only on a later date, on the 24th of June, were the exhibits entered into the SAP13 at Port Shepstone SAPS,” he said.

He added that SAPS officials had not intended to send the seized cocaine to the Forensic Science Laboratory for analysis, despite that being a standard requirement in the evidentiary process for narcotics investigations.

The proper forensic handling procedures had therefore not been followed in the matter, he said.

In addition, Flynn said the handling of exhibits reflected broader non-compliance with established procedures governing seized property, including documentation and control measures intended to safeguard evidentiary integrity.

Evidence leader Sello Mahlape raised concerns over the decision to store the drugs at the Hawks’ Port Shepstone premises, despite the facility having experienced multiple break-ins.

“I count seven previous break-ins at the Port Shepstone DPCI [Directorate for Priority Crime Investigation] offices from December 2011 to October 2021. Am I correct?” Mahlape asked.

Flynn responded: “That’s correct, commissioners.”

Flynn also addressed the transfer process from Isipingo to Port Shepstone, stating that the sequence of movement and recording did not align with SAPS requirements. He told the commission that proper procedure required that exhibits be fully recorded before being moved and stored at another facility.

The commission heard that the cocaine had remained stored in a walk-in safe at the Port Shepstone Serious Organised Crime Unit after its transfer. It had remained there until it was stolen during a break-in in November 2021.

“I accept the responsibility for that error. It’s indeed seven and not six. Most importantly, it’s for my own self-esteem because it confirms I’m not particularly dyslexic.” 

Flynn said the conditions at the facility indicated that security measures had not met required standards, allowing potential opportunities for unauthorised access.

Flynn’s testimony this week formed part of a broader line of questioning into the handling, movement and storage of high-value narcotics seized by law enforcement agencies. 

His evidence focused on compliance with SAPS procedural requirements and the documentation of chain-of-custody records.

He also referred to failures in oversight and accountability in the handling process, stating that procedural responsibilities had not been effectively enforced in practice.

“The only conclusion I can come to is that it was never the intention to take this whole batch of exhibits to forensic laboratory science,” he said.

He told the commission that while SAPS protocols existed to govern the movement and recording of exhibits, they had not been consistently applied in the case.

Flynn was appointed head of the Hawks’ Serious Organised Crime Investigations Unit in 2024, three years after the cocaine consignment was stolen. He has since been overseeing the investigation into the theft of the drugs.

After his testimony, the commission adjourned for the day.