JOHANNESBURG - Independent Directorate Against Corruption (IDAC) head Andrea Johnson's resignation does not shield her from accountability.
This is the view of legal expert Zola Majavu, who said that the Madlanga Commission of Inquiry can still make adverse findings against her.
Additionally, there could be considerations for possible criminal charges that she may be subjected to.
In a 17-point application to vacate office addressed to Ramaphosa and National Director of Public Prosecutions Andy Mothibi, Johnson wrote that “the recent five months or so have been challenging and the attacks on both my person and official capacity have been unprecedented.
READ | Resignation fails to shield Andrea Johnson from tough Madlanga questions
But despite this resignation, she still returned to the Madlanga Commission for the third day of her testimony
"Accountability does not stop on a mere resignation or the acceptance thereof. If that were the case, she would not have continued with her testimony. She remains in the hot seat until excused formally by the commission.
"At the end of the day in the fullness of time the commission is not precluded from reaching and pronouncing whatever findings they may make or arrive at in relation to advocate Johnson regardless of whether or not at that particular point in time she would no longer be in the employ of the NPA or heading IDAC," Majavu said.
Majavu's comments also extended to questions about whether the resignation could be viewed as an attempt to protect the institution.
He, however, argued the other side, saying any reputational damage to IDAC had already been done and that concerns of such a nature are 'too late'.
READ | Ramaphosa accepts Andrea Johnson's resignation
Majavu said while he notes that the decision to resign could have very well been Johnson's personal decision, it does not shape or minimise accountability or the damage that IDAC has already suffered under her watch.
"If there were to be any reputational damage at the instance of the institution, that has already happened, and it's an ongoing thing. It may well be that the most sensible thing to do under these circumstances was to go the route that advocate Johnson elected," he said.
On the role of the NPA now has against Johnson, Majavu said her resignation ends the employer's ability to institute disciplinary proceedings against her.