Madlanga Commission | NPA withdraws charges against Khumalo and co-accused

The National Prosecuting Authority (NPA) has withdrawn charges against Crime Intelligence head, Lieutenant-General Dumisani Khumalo, Brigadier Dineo Mokwele, Major-General Nozipho Madondo, Major-General Philani Lushaba, and their co-accused following a directive from National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi.

The decision was taken before the accused entered pleas, with the NPA citing ongoing investigations and the absence of a complete evidentiary record required to proceed with the prosecution.

Mothibi has also directed that no further action be taken in the matter without his written approval.

Should the Investigating Directorate Against Corruption (IDAC) later recommend criminal charges, the Crime Intelligence officials will first be afforded an opportunity to respond to the allegations before any further action is considered.

Meanwhile, Public Interest SA (PISA) has questioned whether IDAC will be placed under capable leadership following the resignation of its head, Senior Advocate Andrea Johnson.

This comes after Johnson had her request to vacate the office accepted by President Cyril Ramaphosa on Monday.

During her testimony before the Madlanga Commission of Inquiry, Johnson said the controversy surrounding her leadership had damaged not only her own reputation, but also that of IDAC and the NPA.

PISA chairperson, Tebogo Khaas, says it is concerning that IDAC, which was established following the recommendations of the Zondo Commission, has yet to secure a successful prosecution arising from those findings.

He said it is critical that the directorate does not continue to suffer because of poor leadership and expressed hope that it will now be led by someone capable of restoring public confidence.

Meanwhile, Johnson declined to answer questions about the charges IDAC brought against Khumalo and other Crime Intelligence officials, citing ongoing legal processes.

The commission heard that on 6 January last year, IDAC authorised the arrests of Khumalo and Madondo on charges including fraud and corruption following a complaint lodged by National Coloured Congress (NCC) leader and member of Parliament (MP), Fadiel Adams.

It further heard that the allegations centered on what IDAC described as the “questionable lateral transfer” of Madondo from KwaZulu-Natal to Crime Intelligence headquarters, allegedly authorised by Khumalo.

According to IDAC, Khumalo, assisted by other Crime Intelligence officials, approved the transfer despite allegedly knowing that Madondo had not obtained the required top security clearance.

However, the commission questioned the basis of the fraud allegations against Madondo, saying it was struggling to understand how the alleged offence had been committed.

Johnson declined to elaborate, saying the matter remains under review.

Johnson also testified that investigators who sought authorisation to investigate the Crime Intelligence officials should be held accountable if the probe is ultimately found to have lacked a lawful basis.

She distanced herself from allegations that she had unlawfully authorised the investigation, arguing that investigators were responsible for verifying the allegations before requesting aprroval to proceed.

Johnson said that if the investigation is eventually found to have been unlawful, those responsible for initiating it should be held accountable.

The commission has heard that investigators have yet to produce evidence substantiating the allegations, with the probe appearing to have been launched largely on the basis of unverified claims.

Meanwhile, commission chairperson, Justice Mbuyiseli Madlanga, has condemned the alleged exposure of the identity of an anonymous witness, warning that criminal charges will be pursued against those responsible.

“On the face of it, it appears that this was done deliberately. In terms of the Commissions Act and this commission’s regulations, it is a criminal offense to act in a manner that prejudices the business of the commission. Consequently, the commission is going to institute criminal proceedings against that person. This is a matter that the commission takes very seriously and it simply must act,” said Madlanga.

Written by: Odirile Rabalao