The Divisional Commissioner for National Priority Offences Operations at the Hawks, Lieutenant General Dumisani Mbotho, has admitted that members of the elite unit interfered with the arrest of suspected criminal underworld boss Katiso ‘KT’ Molefe.
Mbotho also made a direct link between the agency’s former boss, Godfrey Lebeya and Molefe.
Four witnesses had previously told the Commission about the possible interference by the Hawks in the arrest, executed by the SAPS, at Molefe’s home in Sandton.
Molefe was subsequently arrested for allegedly orchestrating the killing of engineer, Armand Swart.
The Madlanga Commission of Inquiry is investigating allegations of collusion and corruption between politicians, senior police, prosecutors, intelligence operatives, and elements of the judiciary.
Mbotho was testifying before the Commission on Monday, where he was quizzed about the possible interference by his team members.
Mbotho had called Brigadier Lesiba ‘Kleintjie’ Mokoena, the section head in the Tactical Operations Management Section (TOMS) attached to the Hawks, to follow up on the information that there was a ‘bogus operation’ at a house in Sandton.
Mokoena then deployed Captain Barry Kruger alongside officers, including Warrant Officer Sabelo Nkosi, who are all attached to TOMS.
The team, according to Mbotho, was sent to verify if the people at the Sandton house were SAPS members, and whether they had been sent to that scene by Lebeya.
Mbotho told the Commission that he was asked by Lebeya to enquire about this incident, and he showed WhatsApp messages from Lebeya, including the address of the house where the arrest was happening.
In previous testimony, police expressed concern that a helicopter was involved, and members of the Hawks were aggressive, imposing questions on the team conducting the arrest.
On Monday, the Commissioners wanted to know why the Hawks members had diverted from the instructions given to them.
Commissioner Sesi Baloyi SC asked Mbotho if the Hawks team requested to see the J50 (warrant of arrest) and if Witness A told them that the operation was legitimate.
Baloyi then quoted from a statement from a Hawks member that “When the Hawks asked details about the operation, including who we were arresting, the CAS numbers, Witness A refused to disclose the information.”
“Now, from the evidence that we’ve heard, by this point, your Hawks members know and are satisfied that this is a legitimate police operation. The question as understood being asked of you, is having established that it’s a legitimate operation, to go on and then want to ask about the J50, about the operation, who are you arresting, and the case number.
“To ask that after your Hawks members have established that this is a legitimate operation, that would constitute interference?” Baloyi asked.
Mbotho acknowledged that this was tantamount to interference.
“I am not opposed to that view, because of who they wanted to arrest there, with or without a warrant was not our business.”
Nkosi earlier told the Commission that while deployed at Molefe’s house, a man who introduced himself as a Mr Mthethwa, claimed to have called Mbotho to alert him about the operation.
Mthethwa allegedly introduced himself as a relative of Molefe.
According to Nkosi, Mthethwa also claimed to be “an old friend” of Mbotho.
However, Mbotho denied these allegations.
Chief Provincial Inspector George Raftopoulos of the Gauteng Traffic Police Airwing, who operated the helicopter that hovered above the home of Molefe during the arrest operation, testified that he was disturbed by the allegations of interference.
He said that he only deployed a helicopter to assist the Hawks after being told by Captain Kruger that there was a ‘bogus operation’ happening in Sandton.
