Lucas Legabe, the 49-year-old Pretoria businessman accused of stealing 541 kilograms of cocaine. Picture: BLN

Lucas Legabe, the 49-year-old Pretoria businessman accused of stealing 541 kilograms of cocaine worth about R216 million from a Hawks storage facility in Port Shepstone, has denied any involvement in the 2021 heist.

Legabe appeared at the Port Shepstone Magistrates’ Court as his bail application continued, with his defence challenging aspects of the state’s case and the circumstances surrounding his arrest.

“I’m innocent,” Legabe told the court.

The businessman, who has a butchery and transport logistics company, was arrested in Pretoria on 7 August 2026 after years of investigation into the disappearance of the cocaine.

Legabe challenges arrest

Through his lawyer, Henrik Potgieter, Legabe argued that his arrest was unlawful because he was allegedly arrested without a warrant.

He told the court that there was “no other indication” linking him to the crime and that he had not been given the contents of statements the state intends to rely on against him.

Legabe also alleged that he had been tortured and forced to implicate police officers in the break-in.

The allegation has not been tested in court and there has been no finding that police officers tortured him.

State says witnesses link him to the theft

The state has presented a significantly different version of events.

State prosecutor Zwelethu Mata told the court that two alleged accomplices have agreed to testify as Section 204 witnesses.

According to the state, the witnesses claim Legabe was inside the Hawks facility during the theft and that he received part of the stolen cocaine before selling it.

“The applicant’s participation began prior to and even during the incident itself in which he was among the people who went in and stole the drugs,” Mata told the court.

Section 204 of the Criminal Procedure Act allows a person involved in an offence to give evidence for the prosecution in exchange for possible indemnity, subject to the requirements of the law.

The evidence of the two alleged accomplices has yet to be tested through a full trial.

The cocaine disappeared from a Hawks facility

The case dates back to November 2021, when approximately 541 kilograms of cocaine that had been seized by the Hawks was stolen from a secure storage facility in Port Shepstone.

The drugs had an estimated street value of between R200 million and R216 million.

The theft raised serious questions about security at the facility and became one of the most high-profile drug theft cases involving a South African law enforcement storage facility.

The Madlanga Commission of Inquiry has also examined aspects surrounding the disappearance of the cocaine, including security failures at the Hawks premises. Evidence heard by the commission included claims that cameras and alarms were not functioning and that there was no round-the-clock guard at the facility.

Legabe raises health concerns over prison conditions

During his bail application, Legabe also told the court that he suffers from asthma, sinus problems and hay fever.

He argued that South Africa’s overcrowded prison conditions could worsen his health, particularly because of poor ventilation.

Legabe said he has no previous convictions and no pending criminal cases.

His defence proposed bail of R20,000, while the state opposed his release.

The state says its case against Legabe is supported by information obtained through a lengthy intelligence-driven investigation.

Hawks spokesperson Colonel Katlego Mogale previously said the investigation had now turned towards the organisation’s head office, with investigators examining every possible avenue.

A case with wider questions about police security

The cocaine theft has attracted attention beyond the criminal case against Legabe because of questions about how such a large quantity of seized drugs could disappear from a law enforcement facility.

The Hawks have maintained that the investigation is ongoing, while the circumstances surrounding the theft have also formed part of broader scrutiny of alleged weaknesses and criminal infiltration within law enforcement agencies.

Legabe remains presumed innocent unless and until proven guilty.

The allegations made by the state witnesses, as well as Legabe’s claims about torture and the lawfulness of his arrest, remain matters for the court to determine.

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