The Madlanga Commission has turned its attention to whether the investigation that led to the arrest of Crime Intelligence head Dumisani Khumalo and several senior police officers complied with the National Prosecuting Authority (NPA) Act.
Appearing before the Commission on Thursday, Investigating Directorate Against Corruption (IDAC) senior investigator Brian Padayachee was questioned about whether the probe met the requirements of Section 27 of the NPA Act, which governs how matters are referred to the specialised anti-corruption unit.
Commissioners heard that Section 27 requires complaints to be accompanied by a sworn affidavit setting out the allegations and the grounds for suspicion before IDAC can initiate an investigation.
Padayachee maintained that he acted lawfully and in good faith throughout the investigation.
“I conducted an investigation that flowed from a briefing by my chief investigator. I carried out a bona fide investigation. Whether some aspects ultimately fell outside IDAC’s mandate during the course of the investigation, I cannot say I did anything wrong,” he told the Commission.
The investigation culminated in the arrest last year of Crime Intelligence head Dumisani Khumalo and several other officers on fraud and corruption charges linked to the alleged unlawful appointment of an inexperienced individual to a senior position within the division.
The commissioners emphasised that their questioning was intended to establish whether the investigation was initiated in accordance with the law and should not be interpreted as determining the guilt or innocence of any of the individuals involved.
Padayachee’s testimony forms part of the Commission’s ongoing inquiry into allegations of corruption, misconduct and abuse of power within the South African Police Service’s Crime Intelligence division.