Hawks officials grilled at Madlanga commission

Two Hawks officers were grilled at the Madlanga commission on Wednesday when testifying about how the Directorate for Priority Crime Investigation (DPCI) turned up at the scene when alleged cartel kingpin Katiso Molefe was arrested on December 6 2024.

One of the allegations the commission is investigating is that the Hawks interfered in the operation to arrest Molefe. Witnesses had previously testified that during the “take-down” operation of Molefe, a team of Hawks officers arrived on the scene and there was a tense stand-off.

Commissioners repeatedly said they did not understand the answers of Hawks officers, Brig Lesiba “Kleintjie” Mokoena and Capt Barry Kruger, who both testified on Wednesday, with commissioners asking why so many Hawks officers were involved in ascertaining whether the “take-down” was a legitimate police operation and why, when they had prior information that it was, they did not call it off.

Earlier on Wednesday morning, Capt Maxwell Wanda, who was in the political killings task team at the time, told the commission that between six and eight officers in Hawks T-shirts and others in civilian clothes were on the scene.

“The presence of the Hawks was concerning to me because they came in numbers. They came in numbers, commissioner, and I didn’t expect them in that big number; and when I interacted with them, they were a bit aggressive, demanding answers,” said Wanda.

He said that Kruger introduced himself and asked for his information, to which he responded. While he was talking to him, other Hawks officials were “chipping in, asking questions”, and he heard the noise of a helicopter flying above ― “it flew in a few circles and flew away,” he said.

Mokoena testified that he did not know that there were several Hawks officers there over and above the two ― Kruger and a constable ― he had instructed to go. If there were more, this was beyond his instruction, he said.

Is the reason not because you find it difficult to respond to the question posed by commissioner Khumalo, which is why, after it had been confirmed within the group that it was a legitimate operation, you did not immediately call off your Hawks colleagues.

—  Justice Mbuyiseli Madlanga, commission chair

But Mokoena was then grilled about how he could not have known ― because he had been added to a WhatsApp group, created by Kruger, with several other officers who were all rushing to the scene.

Mokoena insisted that he did not participate in the WhatsApp group despite the evidence leader Lee Segeels-Ncube pointing to various messages from the group chat that appeared to come from “Brig Kleintjie”. Mokoena said he thought Kruger had copied and pasted from their own, separate conversations.

When Mokoena was asked by Segeels-Ncube why he disavowed participating in the group chat, chairperson of the commission justice Mbuyiseli Madlanga followed with: “Is the reason not because you find it difficult to respond to the question posed by commissioner Khumalo, which is why, after it had been confirmed within the group that it was a legitimate operation, you did not immediately call off your Hawks colleagues?”

“No, it’s not like that commissioner,” said Mokoena.

Kruger, contradicting Mokoena, said Mokoena had participated in the WhatsApp group.

When told about Mokoena’s testimony, Kruger suggested that perhaps he forgot.

But Madlanga said Mokoena had been shown the WhatsApps and asked Kruger why he was giving these answers. “Are you trying to protect your boss?”

Kruger said he was not, but maybe Mokoena was busy on the day.

Another significant question raised by the WhatsApp conversations was that, before Kruger even arrived at the Sandhurst property, people in the chat group had indicated that the operation was a legitimate operation and even gave information on who was commanding it.

Commissioner Sandile Khumalo SC said what “bothered” him about the WhatsApp messages was the timeline. At 4.52pm, there was a message on the group that the operation was legitimate. But, according to Kruger’s statement, he arrived at the scene at 5pm.

“So 10 minutes before, there is information on WhatsApp that this is legitimate police operation and who is the commander responsible,” said Khumalo.

Why, asked the commissioners ― to both Mokoena and Kruger ― had they not told the other Hawks members to stand down or call off their verification operation?

Kruger said he had initially asked for help because he was far away. As his vehicle was getting closer, another was also approaching, and so was “Chief George” from the Gauteng Traffic Air Wing, who had dispatched a chopper. He was not sure who would get there first, and he did not think to tell the others to stand down.

Kruger also could not explain the later presence of other officers in Hawks T-shirts at the scene.

The commission had previously heard evidence that Hawks members were demanding answers about the details of the operation.

Kruger said they were not with him and he had not summoned them. He could not answer who had sent them, suggesting perhaps it was another divisional commissioner.