The 10 police officers involved in the incident were arrested in July 2024.
A businessman survived an alleged police ambush on a highway after contacting KwaZulu-Natal (KZN) police commissioner Nhlanhla Mkhwanazi for help, the Madlanga commission has heard.
The incident, involving Durban businessman Thabiso Ngcobo, was among several cases being investigated by the Independent Police Investigative Directorate (Ipid) as part of its probe into alleged extra-judicial killings involving specialised police task teams in the province.
KZN Ipid deputy director for investigations, Len John, detailed the circumstances surrounding the shooting while testifying before the commission at the Brigitte Mabandla Justice College in Pretoria on Wednesday.
Fortuner caught in police operation
John told the commission that Captain Pedro Rodrigues and members of his task team responsible for investigating criminal activity linked to the taxi industry were allegedly involved in the attempted murder of Ngcobo on 30 May 2024.
Ngcobo was travelling in his armoured Toyota Fortuner along the M13 Highway towards Westville when 10 police officers allegedly opened fire on the vehicle.
The officers fired at least 14 rounds at the Fortuner, but Ngcobo survived the attack, which has previously been described as a case of mistaken identity.
The police operation was allegedly connected to an investigation into the shooting of taxi industry figure Reginald Dladla in Hillcrest.
According to John, investigators had identified two suspects in connection with the Dladla case.
Suspect allegedly killed after arrest
John testified on Wednesday that one of the suspects, a businessman linked to the taxi industry, was arrested at King Shaka International Airport by a different task team.
The suspect was also wanted in connection with a murder case in Pinetown.
After his arrest, the police allegedly took him to the home of a friend while questioning him about a firearm believed to have been used in the Pinetown murder.
The suspect asked to use the toilet and was accompanied by two police officers.
The officers allegedly claimed that the suspect reached for a firearm beneath the toilet sink.
According to their version, one officer wrestled with the suspect before a shot was fired, after which the second officer shot him.
Police allegedly tracked Ngcobo’s vehicle
The commission heard that police subsequently established that the second suspect had borrowed Ngcobo’s Toyota Fortuner while officers were searching for him after going into hiding.
“He [Rodrigues] had allegedly tried on numerous occasions to apprehend the second suspect, who was said to have been driving the Toyota Fortuner, to no avail,” John told the commission.
The police then allegedly monitored the vehicle, which was eventually returned to Ngcobo.
It was after Ngcobo drove away from his estate in the Fortuner that Rodrigues and his team allegedly launched the operation.
The officers were travelling in four vehicles when they intercepted Ngcobo.
The businessman was able to contact Mkhwanazi as the shooting unfolded.
“Mr Ngcobo immediately contacted Saps provincial commissioner Lieutenant-General Nhlanhla Mkhwanazi.
“Whilst he was on the call, the police started to open fire on his vehicle. He was advised by the provincial commissioner to drive to the Pavillion Shopping Centre.”
Ngcobo followed the instruction and drove to the shopping centre, where senior police officers attended to him.
His vehicle was examined and photographed by members of the local criminal record centre (LCRL).
The Fortuner had sustained extensive damage and was subsequently towed to Pinetown Police Station.
Ngcobo’s private firearm was also confiscated by the duty officer.
Police team allegedly left before forensic procedures
Rodrigues and the other members of his team were later summoned to the scene by Acting Deputy Provincial Commissioner for Policing in KZN, Vukani Mgobhozi.
However, John alleged that the officers left without undergoing the required processing.
He testified that they failed to provide the officers dealing with the incident with an explanation or justification for the shooting.
They also allegedly failed to provide firearm numbers or information about the number of rounds fired at Ngcobo’s vehicle.
“Primer residue test samples could not be uplifted as the officers had left the scene prior to LCRC obtaining these samples, as is procedurally required.
“This all took place under the instructions received from Major-General Mgobhozi,” John said.
Ipid uncovers alleged use of false plates
John further told the commission that Ipid’s investigation had established that Rodrigues and members of his team had allegedly used unmarked vehicles fitted with false registration plates.
The 10 police officers involved in the incident were arrested in July 2024 and are also facing disciplinary proceedings within Saps.
The criminal matter is expected back before the Durban Regional Court on 20 August 2026.