By Lehlohonolo Lehana.
The National Prosecuting Authority (NPA) has provisionally withdrawn charges against SAPS crime intelligence head Lt-Gen. Dumisani Khumalo and co-accused.
The decision follows representations made by the group and an Investigating Directorate Against Corruption (IDAC) memorandum.
The police officers are jointly charged with fraud and corruption linked to the appointment of Dineo Mokwele, accused of lacking the required qualifications for a senior Crime Intelligence position at the brigadier level.
Mokwele, a former BMW employee with a mechatronics background, was appointed as a technical support systems manager.
Mokwele is also facing charges in relation to the same matter. All accused were released in bail
IDAC has been under intense scrutiny at the Madlanga Commission of Inquiry over the past weeks.
The Commission found there was no basis for the investigation that led to the arrests.
Khumalo and co-accused also demanded answers from IDAC on why their warning statements were not taken and why they were instructed to report to Brooklyn Police Station in Pretoria with clothing prepared for possible detention.
National Director of Public Prosecutions (NDPP) head Andy Mothibi directed that the charges be withdrawn after considering representations from the accused and advice from IDAC, which confirmed its investigation has not yet been finalised.
In a letter to the accused’s legal representatives, Mothibi said the IDAC has advised that further investigative work is still required before a proper prosecutorial decision can be made.
He said he has exercised his supervisory powers under the Constitution to order that the charges be withdrawn before plea in terms of the Criminal Procedure Act.
Mothibi stressed that the matter may not be re-enrolled and no fresh decision to prosecute may be taken without his express written approval.
The developments follow the resignation of former IDAC head Andrea Johnson, who had been involved in the investigation.
Johnson faced extensive questioning over the investigation and the decisions that ultimately led to criminal charges against Khumalo, Mokwele and five other senior officers.
The matter has now been removed from the court roll pending the completion of the investigation and any further decision by the head of the prosecuting authority.