Madlanga Commission | Padayachee questioned over decision to open case against Khumalo

The Madlanga Commission has raised concerns over a complaint lodged by National Coloured Congress (MCC) leader and Member of Parliament, Fadiel Adams, with the Investigating Directorate Against Corruption (IDAC) against Crime Intelligence head, Dumisani Khumalo.

IDAC senior investigator, Colonel Brian Padayachee, testified before the commission on Tuesday, where he revealed that investigator, Dylan Permuel, was assigned as the lead investigator in the matter.

The commission sought clarity on how Adams’ affidavit was commissioned and who had signed the document.

Padayachee testified that the case was initially opened at IDAC’s Pretoria office.

However, documents before the commission indicate the complaint was opened in Cape Town, where IDAC does not have an office.

The commission also questioned the commissioning of the affidavit after Perumel’s Pretoria office stamp appeared on documents linked to the Cape Town complaint, something Commission Chair, Justice Mbuyiseli Madlanga, described as unusual.

Padayachee responded that the commissioner of oaths’ office address reflected on the affidavit was Pretoria, which corresponded with the official stamp.

The commission also questioned Padayachee’s decision to open a criminal case against Khumalo before establishing what it described as a sufficient factual basis for the allegations.

Padayachee defended his actions, saying he trusted Perumel to have properly researched the matter before referring it to him.

The commission heard that the case against Khumalo and several other senior Crime Intelligence officers alleged they were involved in the systematic capture of the division.

The docket further alleges that Khumalo and others manipulated procurement processes and facilitated the appointment of associates within Crime Intelligence.

Padayachee told the commission that he does not make final decisions on investigations, saying that responsibility ultimately rests with IDAC head, Senior Advocate Andrea Johnson, who is herself facing allegations of gross misconduct.

Justice Madlanga questioned how Padayachee could have authorised the opening of the case without first obtaining a supporting affidavit detailing the allegations against Khumalo.

Padayachee also rejected claims that IDAC operates outside its legal mandate, saying the directorate functions strictly within the powers conferred by Section 71(a) of the National Prosecuting Authority Act.

He further denied allegations that he had been instructed to open a criminal case against Khumalo, describing the claims as baseless.

Padayachee also distanced himself from allegations of an “Indian/Khan IDAC cabal”, previously raised by uMkhonto we Sizwe (MK) Party MP, Vusi Tulane Shongwe, who alleged that suspended Deputy Crime Intelligence head, Major-General Feroz Khan, had associates within the directorate.

“I have no knowledge on the existence of a Khan IDAC Khabal in SAPS. I also have no knowledge of a Khan Khabal within IDAC. It follows that if such Khabal exists that I am part of it. I have never investigated such a case. I don’t know if it,” said Padayachee.

He also denied ever sharing confidential SAPS case dockets with Khan.

Padayachee said their relationship had always been strictly professional, adding that the alleged corrupt official currently portrayed in the media is not the Khan he knows personally.

Written by: Odirile Rabalao