WhatsApp messages suggesting connections between North West businessman Suliman Carrim, and alleged members of the “Big Five Cartel” implicated in criminal activities were under scrutiny at the Madlanga Commission on Tuesday.
Evidence leader Advocate Matthew Chaskalson presented the electronic records as the commission is seeking to investigate connections between alleged members of the "Big Five Cartel", including businessmen Katiso "KT" Molefe, Steve Motsumi and late taxi boss Jotham Msibi.
Carrim, who has not resumed his testimony at the commission after citing ill health, has been linked to Msibi in messages.
Suspended Gauteng Organised Crime Unit officer Sergeant Fannie Nkosi, who is facing criminal charges that came after his testimony at the commission, also featured in the WhatsApp messages as an apparent middleman.
The commission was presented with WhatsApp messages showing conversations between Nkosi and a representative of a Czech technology company.
Nkosi is allegedly implicated in fraudulently signing a SAPS document authorising an international organisation to demonstrate International Mobile Subscriber Identity (IMSI) catchers, or "grabbers", a sophisticated surveillance technology.
Chaskalson described Nkosi's action as "very worrying".
"This is the sort of technology that should only go into the hands of intelligence agencies constrained by very strict legislative control. But what we have here is private parties posing as representatives of the State," he said.
Chaskalson pointed out that due to the nature of the technology, private companies could not lawfully possess a grabber.
"A jammer, I can't speak to. But a grabber, I can say with some confidence that a private entity would not lawfully be entitled to use it, because interception of communications requires judicial warrants, and those are not granted to private parties," he said, adding that an expert would testify about the issue.
Evidence before the commission included WhatsApp messages discussing a proposed sale of sophisticated "grabbers" to Eswatini. "Grabbers" are equipment used to covertly intercept communications. The commission heard the deal ultimately did not proceed.
Co-commissioner Advocate Sandile Khumalo SC questioned the "grabbers" deal involving Nkosi, saying it was unclear what else had been included.
"What if it was weapons and other things not authorised by SAPS?" Khumalo asked.
Chaskalson said this was not known but it was a legitimate question.
In testimony on Monday, alleged crime mastermind Vusimuzi “Cat” Matlala said he had seen Carrim at Msibi's farm outside Pretoria.
The chats included proof of payment sent to Msibi. One showed a R700,000 payment from a company that was linked to Carrim's Ziggy Investments to the South African National Taxi Council that allegedly ended up with Msibi. Another message accompanying the proof of payment read: "I am waiting for R300,000."
rapula.moatshe@nationalmg.co.za