The Madlanga Commission of Inquiry has sharply questioned the Investigating Directorate Against Corruption’s (IDAC) decision to investigate allegations against Crime Intelligence Head Major-General Dumisani Khumalo and other senior South African Police Service (SAPS) officials.
During another day of testimony, IDAC Head Advocate Andrea Johnson acknowledged under cross-examination that allegations made by National Coloured Congress (NCC) leader and Member of Parliament Fadiel Adams had not been substantiated.
The commission also rejected Johnson’s explanation that the controversial investigations and subsequent prosecutions resulted from incompetence or a misinterpretation of the law.
Johnson referred to a letter from Police Minister Senzo Mchunu requesting that allegations made by Adams be investigated. However, Commission Chairperson Justice Mbuyiseli Madlanga questioned whether the letter provided any basis for IDAC to exercise its statutory mandate.
“The letter from the minister. What about that letter? From that letter, do you see anything that triggers IDAC’s mandate?” Justice Madlanga asked.
Johnson was unable to point to any evidence showing that the allegations had been substantiated.
Justice Madlanga further criticised Johnson’s reasoning, arguing that she had previously challenged the vagueness of allegations made against her but had failed to apply the same standard when considering allegations against senior police officials.
He questioned why she had not regarded the claims as vague, noting that they lacked key details, including who made them, when they were made and what specific conduct was being alleged.
Johnson also confirmed that she had requested an affidavit from Adams after receiving his allegations.
Adams has previously laid criminal complaints against several senior SAPS officials, including KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi and suspended National Commissioner General Fannie Masemola.
He is currently out on bail after being arrested on allegations of interfering with police work.
Johnson is expected to continue her testimony before the commission on Thursday. Meanwhile, some political parties and stakeholders have called on President Cyril Ramaphosa to suspend her and for criminal charges to be considered against her. Those allegations have not been tested or determined by a court.