Police Search Procedures UNDER FIRE as Thoka Testifies in Court

本站添加: 2026-05-12

[00:00:05]the waste quickly.

[00:00:07]Let's say that when a suspect is arrested at the scene, he is searched by the arresting officers there and then at the scene.

[00:00:16]And he's now transferred to a police station. Is the searching procedure still mandatory at the police station, even though the escorting or the arresting officers had already searched the suspect?

[00:00:31]The searching procedures is different.

[00:00:33]The one that are there arresting officer at the cells, not at the The arresting officer will make sure that before any person is put into the police van or vehicles, he's searched.

[00:00:44]Then when that person is entering the cell cell complex, the searching is also proceeding through the cell complex manager, who will search the same suspects again.

[00:00:57]Today in the sense of mere trial, the defense has focused on one issue that may become extremely important later in the case.

[00:01:04]The mysterious cell phone allegedly found in possession of accused number two, Bongani Ntanziwa, he was already in police custody.

[00:01:12]But after Colonel Toka's testimony today, uh serious procedural questions are being raised because according to SAPS uh procedures explained in court, suspects are searched repeatedly before entering holding cells. And remember, Ntanziwa was not held in just one police station. He was moved across multiple stations after his arrest in June 2020.

[00:01:37]So the question uh becomes how could a cell phone allegedly remain hidden for months inside police custody without being discovered earlier?

[00:01:47]Advocate Ramasebula was not randomly asking questions about SAPS registers and search procedures. Every question had a purpose. He carefully established several points like this.

[00:01:59]Suspects are searched during arrest and before transportation.

[00:02:05]Searched again before entering cells.

[00:02:08]Prohibited items must be confiscated.

[00:02:11]Confiscated items must be recorded in SAPS 22.

[00:02:16]Discovery of prohibited items later is considered alarming. That word from Colonel Toka was important, alarming.

[00:02:25]Because it suggests that if a cell phone is discovered later inside the cells, then somebody may have failed to do their job properly. According to Ndansi's version, he was arrested on 16 June 2020. His phones were immediately taken by the arresting officers, specifically by Sergeant Mohani and Mabena. He denied ever secretly possessing a cell phone inside custody.

[00:02:51]Ndansi even claims that during the transportation between police stations, he could allegedly hear his phone inside the police vehicle. That allegation is significant because it directly challenges the later claim that he was found with a phone months later in February.

[00:03:08]>> And for example, you said the person that detains the suspect must then enter his particulars alongside that entry. Did I understand you correctly?

[00:03:18]Uh person who is entering those uh property is the cell complex manager.

[00:03:24]Yes. Yes.

[00:03:25]Okay.

[00:03:26]Okay. And and he will sign alongside all of these entries that he make, that I've received suspect so and so, he has the following properties and the SAP 14 has been completed uh accordingly.

[00:03:42]The person who uh that register SAPS 22 is having one part where the suspect is signing and the other part uh where the that uh the members are going to who is receiving them. Yes.

[00:03:53]Yes. Uh Mr. Chairman, But here I'm referring now to the person that detains the suspect in the OB.

[00:04:08]Will that person sign their particulars and their personal number to show that this person was received by so and so at this date and time? They they will only sign into the OB register.

[00:04:20]>> Yes. Yes.

[00:04:27]And is it obligatory for them to sign their full details there? Yes, they they are signing their full details because there they will mention the person's name and rank. Okay, sergeant Tlhoka detained the suspect Yes. uh with SAPS case number 40 number then they sign for for that person. And you've also stated that amongst the things that are mentioned in the OB is the condition of the suspect uh at the time he arrives. Will that condition pertain to uh complaints about injuries, uh assaults and the like? That's correct, my lord. Now, just a few moments ago you've said something pertinent.

[00:05:08]You you you gave an answer to the following effect. If a suspect was searched and nothing was discovered on him uh and seized from him as he entered the holding cells. But later on it's discovered that that suspect had something that is prohibited from him from having whilst in the cells.

[00:05:30]Remember that? Yes, I said.

[00:05:32]>> Let's take it there now. Uh let's take for example a procedure where the police officers testify that we found a suspect with a phone while the suspect was already held in custody, not at the time when he arrived, but a few days, a few months, a few weeks after his incarceration.

[00:05:54]That phone will be also written to the SAPS 22.

[00:05:58]And is it only written in the SAP 22, or is there another register where now that actual cell phone will be recorded as well?

[00:06:06]It will be written in the SAPS 22. And just for my clarification, because I understand you say it's written in the OB in the 22, will there be a need for you also to enter that cell phone in the SAP 13?

[00:06:20]13 is only exhibit that are required for for of for for for evidence purposes. What I think you are asking the judge is Now, if for instance, as in this case, it is alleged that a suspect was found with a phone in the cells.

[00:06:38]Uh how do you consider that breach as a police station and as a station commander?

[00:06:45]Uh it is is is dangerous because it is an an alarming that members didn't do their job in terms of thorough searching of the suspect when the suspect was brought in to the police custody. This is where the issue becomes complicated. According to testimony heard previously from Sergeant Mohane, Ndansi was allegedly found with the cell phone while already in custody around February 2021.

[00:07:11]But here is the problem. By that stage in Ndansi, he had already been in custody for around 8 months. He had reportedly moved uh through approximately five police stations.

[00:07:22]He would have been searched repeatedly during transfers. Every police station has booking procedures. Every police station has search procedures.

[00:07:33]Every police station keeps occurrence books and SAPS 22 registers. And today, Colonel Toka confirmed that these procedures are mandatory, not optional, mandatory. This now creates a major question the defense appears to be asking indirectly. If the police procedures were properly followed at every station, how did the cell phone survive all those searches? It doesn't make sense because according to Colonel Toka, suspects are searched before transportation, searched before entering cells. Dangerous or prohibited items are confiscated. Property must be documented. Officers must sign registers. Condition of suspects must be recorded. So, either the searches failed repeatedly across multiple stations, which is almost impossible, or there is another explanation regarding cell phone issue. That is the uncomfortable question now hanging over this testimony. Notice how Ramasipela repeatedly asked about SAP S 22, occurrence books, signatures, names of officers, timing of entries, whether entries are mandatory. That was strategic because documentary records can either strengthen or weaken the credibility of the alleged cell phone discovery. If procedures were not followed exactly as required, the defense could argue that the chain of custody and credibility surrounding the cell phone becomes questionable. Perhaps the biggest moment today was when Colonel Toka admitted that discovering a cell phone in the cell is alarming. That single word may become important later because it supports the defense argument that such discovery should not normally happen if police procedures were properly followed. And remember, this was not one police station. According to the information before court, Mtanzi moved through several facilities over months. That increases the number of searches, police officers, registers, and procedures involved. At this stage, the court has not made findings about who is telling the truth regarding the cell phone, but today's testimony clearly helped the defense raise questions about SAPS detention procedures, repeated searches, documentation processes, and the credibility of how the cell phone was allegedly discovered. And judging by Ramaphosa's line of questioning, this issue is probably far from over because the deeper this testimony goes, the bigger the mystery becomes. How did a cell phone allegedly remain hidden inside police custody for months despite despite repeated searches and transfers?

[00:10:23]It doesn't make sense. Doesn't make sense. If you are watching our videos for the first time, please leave a like or please leave a comment below and subscribe, turn on notifications. This is the Hot Seat RSA.

[00:10:51]Now, who is the person that must write in the relevant registers, the OB, the SAP 22, the property register that I, officer so-and-so, found a suspect with a cell phone and this is what I did with that cell phone? Who must write in that in the in those registers?

[00:11:09]The person who's writing the OB is the person who found the those property in the possession of the suspect.

[00:11:21]And if the suspect is there for a different case that did not that does not relate to police station, do you also or that person not you? When I say you, I mean that office. Does that officer who found that cell phone also notify the investigating officers of the case for which the suspect is being held in the cells?

[00:11:40]Uh it depends on the officers that are on duty, but there are uh registers there for the safekeeping of the properties of the prison. As the uh they might depend on them if they have to to notify uh as the investigating officer.

[00:12:08]Now, what happens if anything at all to the suspect who was found in possession of a prohibited item or object?

[00:12:18]The Like I said, we educate if it at a later stage it is realized that uh officers who took the suspect into the cells, they didn't see certain uh objects that the suspect went with into the cells. They will confiscate those aspects and complete the relevant registers.

[00:12:35]>> Yes.

[00:12:50]Yes, but now what I want to find out is what action, if any, is taken up against a suspect who is alleged to have been found in possession of a prohibited uh item or object?

[00:13:03]If it's prohibited items and it is not necessary for the person to possess like your uh drugs or uh firearm, they will charge him with possession of those objects and write them in different uh >> [clears throat] >> registers, which will then be the SAPS statement.

[00:13:19]Because it is the way they they uh it will be exhibited then.

[00:13:36]>> Now, let's move on to a different aspect, General.

[00:13:39]Now,