Madlanga Commission | Padayachee questioned over investigation into Crime Intelligence officials

The Madlanga Commission has heard that Investigating Directorate Against Corruption (IDAC) senior investigator, Colonel Brian Padayachee, issued a subpoena in February last year to the National Police Commissioner for the security clearance and vetting files of Crime Intelligence head, Dumisani Khumalo and his co-accused.

This is despite evidence before the commission suggesting that, at the time, Padayachee’s investigation was focused on the alleged irregular appointment of Brigadier, Tebogo Mokwele, within Crime Intelligence.

The commission also heard that no irregularities were ultimately found in Mokwele’s appointment.

Evidence leader, Advocate Mahlape Sello, questioned Padayachee on why he requested the security clearance and vetting files of Khumalo and the other accused when his investigation appeared to centre solely on Mokwele’s appointment.

Padayachee told the commission that, although the Khumalo and the others were not the focus of that investigation, they had been implicated in other complaints. However, he was unable to clearly identify those matters.

Commission Chair, Justice Mbuyiseli Madlanga, criticised Padayachee’s approach describing it as “investigating in the dark”, after it emerged that the senior investigator had never personally seen the original referral complaints against the Crime Intelligence officials.

Instead, the commission heard, Padayachee relied on an A1 document prepared by chief investigator, Dylan Permuel, which broadly recommended that the officials be investigated.

Continuing with his testimony on Thursday, Padayachee told the commission that investigators often have to act on complaints before all the facts are known.

He explained that every matter referred to IDAC begins as a preliminary investigation.

According to Padayachee, investigators frequently receive complaints containing limited information but are still required to assess the allegations before deciding whether a full criminal investigation is warranted.

He said no criminal case is registered until investigators are satisfied that sufficient information exists to justify a full-scale investigation, adding that the preliminary assessment can sometimes take months.

Padayachee explained that, during this stage, matters are assigned only a inquiry reference number rather than a criminal case number.

The commission heard that Padayachee formed part of the IDAC team that investigated the complaint which ultimately led to the arrest of Khumalo and members of the selection panel involved in Mokwele’s appointment to Crime Intelligence.

During Khumalo’s earlier testimony, the commission heard that only a few applicants met the requirements for the post and that Mokwele emerged as the strongest candidate despite having no previous experience in the Crime Intelligence Division.

The commission also heard that the South African Police Service (SAPS) Legal Services Division found there was insufficient evidence to support complaints against Khumalo and his co-accused.

It heard that National Coloured Congress (NCC) leader and MP, Fadiel Adams, lodged a complaint with IDAC in October 2024, alleging misconduct by Khumalo and other Crime Intelligence officials and calling for disciplinary action.

However, after reviewing the dockets, the SAPS Legal Services Division concluded in December 2024 that there was no evidence to substantiate the allegations and that the matter did not warrant further investigation.

Advocate Mahlaphe Sello read portions of the legal opinion into the record.

The commission further heard that the complaint alleged Major-General, Nozipho Madondo, had failed a polygraph test in July 2024 and that Brigadier, Phindile Ncube, had been instructed to ensure the matter was not pursued.

However, the SAPS Legal Services Division reportedly found that the complainant failed to identify who had allegedly instructed Ncube to halt the investigation.

Written by: Odirile Rabalao