PRETORIA - Investigating Directorate Against Corruption (IDAC) head Advocate Andrea Johnson’s testimony before the Madlanga Commission enters a second day.
On Tuesday, Johnson denied allegations of political interference in the criminal case against General Dumisani Khumalo and other Crime Intelligence officials.
She told the Commission that IDAC’s investigations are driven by evidence, not politics.
Johnson also revealed that she maintained contact with Crime Intelligence deputy head Major-General Feroz Khan outside of work, but distanced herself from him after allegations linked him to individuals connected to the murders of Cloete and Thomas Murray.
Johnson invoked her constitutional right against self-incrimination during proceedings at the Commission.
READ: Who is Andrea Johnson? The IDAC boss at the centre of Madlanga Commission scrutiny
Section 3 of the Commissions Act protects witnesses from self-incrimination and from exposure to perjury charges based on compelled testimony. However, the Commission relied on Section 28 of the National Prosecuting Authority (NPA) Act, which can compel individuals to answer certain questions.
Johnson said she would consult her legal team on a way forward. The Commission, meanwhile, asked her to assist its fact-finding process by responding to questions it considers necessary.
The IDAC head declined to answer some questions, particularly those relating to the alleged emailing of a confidential police docket to Major-General Khan.
That matter is currently before the Director of Public Prosecutions, who must decide whether further investigation or prosecution is warranted.
IDAC senior investigator Brian Padayachee told the Commission that a complaint against Khumalo and his appointments was referred through a Section 27 submission by Member of Parliament Fadiel Adams.
Padayachee testified that such referrals are sent to Johnson and Matthew Sesoko, who assess and evaluate whether there is a case to answer. He said a committee comprising financial investigators, prosecutors and other officials then considers the matter.
Johnson disputed this version, saying no such committee exists. She said, however, that teams of investigators assess matters and determine whether there is sufficient basis for prosecution.
What is a Section 27 referral?
A Section 27 referral allows members of the public to submit complaints directly to the Investigating Directorate Against Corruption (IDAC), without first opening a case through the South African Police Service (SAPS).
The referral takes the form of a sworn affidavit setting out allegations or suspicions of criminal conduct, including corruption, fraud or other offences that fall within IDAC’s mandate.
READ: Dumisani Khumalo arrest not politically motivated, says IDAC investigator
In this case, Member of Parliament Fadiel Adams used a Section 27 referral to challenge the appointment of Brigadier Mokwele by General Dumisani Khumalo. The referral also accused four other Crime Intelligence officials of corruption and fraud.
Those officials have since approached the National Director of Public Prosecutions (NDPP), arguing that the cases against them should be withdrawn because they are not legally sustainable. They contend the matter relates to SAPS human resources processes rather than criminal conduct.
Meanwhile, Johnson told the Commission that she maintained contact with Crime Intelligence deputy head Major-General Feroz Khan outside of work. However, she said she distanced herself from him after allegations linked him to individuals connected to the murders of Cloete and Thomas Murray.