Madlanga inquiry hears of taxi boss plot to acquire high-tech spy devices
In a clear example of the alleged infiltration of the police by criminal elements, Sgt Fannie Nkosi used his official stamp and position to facilitate the potential acquisition of cellphone-surveillance equipment by the late alleged crime kingpin and taxi warlord Jothan Msibi.
Chats downloaded from Msibi’s phone were presented as evidence at the Madlanga commission, which is investigating allegations that corrupt elements have infiltrated the country’s criminal justice system.
The late Msibi was previously identified at the commission as the leader of the “Big Five cartel”.
Nkosi, alleged runner of suspended deputy national commissioner Lt-Gen Shadrack Sibiya, is under arrest and facing other charges of money-laundering and defeating the ends of justice. His role in this deal could see him facing more charges.
Chief evidence leader for the commission Matthew Chaskalson on Tuesday showed retired justice Mbuyisile Madlanga and his co-commissioners advocates Sesi Baloyi and Sandile Khumalo a letter addressed to the Czech Republic’s ministry of industry & trade in February 2023.
The chat detailed arrangements of a possible demonstration of the international mobile subscriber identity (IMSI) catchers, arranged to be made at the SAPS head offices in Pretoria.
A letter to authorise a foreign company, Invasys, to do the demonstration was signed and stamped by Nkosi.
The devices, colloquially known in the intelligence world as “grabbers”, can be used to spy on and download cellphone communications.
Chaskalson said Nkosi stamped the letter for Invasys to create the impression the demonstration of the spying devices would be for authorised users — law enforcement officers.
Evidence shows Nkosi signed the letter knowing that the demonstration would not be for police but for taxi boss Msibi, who seemingly wanted to sell the technology system to the Eswatini government.
“The Czech Republic was told this is a demonstration to the SAPS,” Chaskalson said, adding Nkosi’s actions amounted to fraud.
According to the chats, Chaskalson said Msibi, murder accused Katiso Molefe and security company boss Steve Motsumi apparently planned to have a business venture that sold the devices.
Chats between Nkosi and Shaun Jacobs, who was the middleman for Invasys, show the talks started in January 2023, and two of its representatives, Ivan Vercueil and Thomas Jensen, visited the country in February to demonstrate the devices.
“Hi Fani, we need the company name for the contract with Invasys and the e-mail address; we need to send the contract too! This will come directly to the Czech company. This way, Ubaba [Msibi] will be protected if anyone tries to go behind his back,” Jacobs said in a message sent to Nkosi in February 2023.
In March 7 2023, when Jacobs inquired whether the deal was on track, Nkosi indicated Msibi was meeting “the king”.
“Yes, tomorrow morning the king is having a final meeting with the old man [Msibi],” Nkosi said.
The deal communicated by Nkosi with Jacobs for the devices collapsed in October 2023.
Commissioner Sandile Khumalo asked Chaskalson what the commission was to make of Nkosi signing documents purporting to be acting on behalf of the SAPS and sending them to foreign agencies.
“We see one instance where he [Nkosi] is signing and putting a stamp to allow an international organisation to make a demonstration to private individuals in South Africa. What if it was weapons and other things not authorised by the SAPS?” Khumalo asked.
It is an outright fraud.— Matthew Chaskalson, chief evidence leader for the commission
The evidence before the commission suggests the collapsed deal with the Czech company was not Msibi’s last attempt to get into the spying device business.
Flight records show Msibi and security company boss Motsumi flew to Frankfurt, Germany, and thereafter to Paris on May 15 2023.
WhatsApp chats show that during travel, Msibi sent to Motsumi a profile of the company Themy Style.
“Company vision: To be No 1 trusted intelligence security services in Southern Africa and beyond,” the company profile reads.
The document shows Msibi and Molefe, who is facing trial for the assassination of engineer Armand Swart, as directors. Official records, however, show Msibi was the only registered director of the company.
The company outlined its mission was providing covert operations (secret operations carried out by government or military), protection services, private detectives and technical surveillance — and provided services to the “state”.
During the trip, an e-mail by a Nokuthula Nxumalo to a European dealer in high-technology security surveillance equipment purported that Msibi and Motsumi were representing Thyme Style and had security contracts with the “state”. The e-mail did not identify which state.
A few days after the trip to Germany and France, on May 23 2023, Msibi received a quotation for multiradio access technology BTS (grabber) indicated to cost €780,000 (R14.8m) per unit.
The quotation also included prices for a digital jammer, which blocks cellphone signals.
“These three men [Msibi, Motsumi and Molefe] are dealing with foreign companies to get access to grabber technology, purporting to represent a state,” Chaskalson said.
“What we are looking at here is quite alarming. Messrs Msibi, Motsumi, Molefe and possibly Sgt Nkosi are involved in a commercial project.
“This is a worrying state of affairs. This is the sort of technology that should only go into the hands of intelligence agencies who are then constrained to use it under very strict legislative control. What we have here is private parties.”
Whether the deal with the European dealer went through was unclear from the evidence before the commission, Chaskalson said.
Evidence before the commission shows Msibi was a powerful figure. He was known by top cops, including Lt-Gen Shadrack Sibiya, and many politicians, including Julius Malema. His phone records show he also communicated with former Ekurhuleni city manager Imogen Mashazi.
He was also linked to North West businessperson Suliman Carrim.