Disgraced former IDAC head Andrea Johnson and her close ally, senior prosecutor Brian Padayachee, allegedly disregarded evidence to prosecute individuals they had targeted.
This was the testimony of Deputy Director of Public Prosecutions at IDAC, Advocate Peter Serunye, before the Madlanga Commission. He referred to several cases, including that involving former Crime Intelligence head Dumisani Khumalo, Brigadier Dineo Mokwele and others who were charged in connection with Mokwele’s appointment within the South African Police Service (SAPS).
Serunye expressed disappointment with his former superior, Andrea Johnson, and senior prosecutor Brian Padayachee, whom he accused of misleading both him and a junior prosecutor assigned to the fraud case involving Khumalo, Mokwele and others.
He is the latest witness to testify before the Madlanga Commission, where evidence has suggested that IDAC allegedly fabricated cases against several senior SAPS officials.
Serunye told the commission that he was brought in only to supervise the junior prosecutor after KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi raised concerns about the case. He said he now regrets his involvement in a prosecution that is rapidly unravelling.
“Look into the computers. Did you mirror-image the computers? So I’m playing the role that ought to have been done right from the beginning. At the time, none of this made sense to me.
“I’m still asking myself how this matter reached the point it did. But did I have the authority to stop it immediately, or should I first satisfy myself that there was indeed no evidence before calling it off?
“It’s a pity we don’t have some of the emails where I kept saying I was going to write a report to the Investigating Directorate because I could see that this matter had been started incorrectly.
“I’m not saying dig for something that isn’t there. I’m saying investigate. If you find a quid pro quo, then you have your answer. Otherwise, there is no evidence of corruption here,” Serunye said, recalling the concerns he had raised.
Despite those admissions, Serunye maintained that Mokwele had committed fraud, although he could not specify what fraudulent conduct she had allegedly committed.
Commissioner Sandile Khumalo quickly dismissed the unsubstantiated allegations Serunye attempted to make against Mokwele.
Serunye also described how he opposed the prosecution of Crime Intelligence Chief Financial Officer Major General Philani Lushaba, who had allegedly been drugged and robbed at his Pretoria home before being charged by IDAC for allegedly making a false statement to police.
“It didn’t really make sense. Why would he do that? It was clear that he had been robbed and had reported how the theft occurred. He wasn’t hiding the fact that he had a visitor at his home.
“Why would he make one statement, withdraw it and then submit another? I don’t understand these charges.
“I asked: what crime had this man committed that justified charging him with fraud and defeating the ends of justice when he was clearly the victim of what appeared to be a criminal syndicate?
“The investigation showed that this woman and her associates had been drugging and robbing victims around Pretoria. It also appeared that a warrant of arrest had already been issued for the same woman in another case involving similar offences.
“General Lushaba’s bank card was used the following morning after it had been stolen, with purchases made at several liquor outlets.
“I found it difficult to understand how someone who had been robbed could suddenly become the accused. On that basis, I told Mr Soko during a meeting that this simply was not a case. I could not understand how everyone else had reached a different conclusion,” Serunye testified.