Prosecutor reveals it took months to obtain Sec 27 referral in SAPS probe.

By Lehlohonolo Lehana.

The Madlanga commission of Inquiry heard about IDAC’s handling of the arrests of crime intelligence boss Dumisani Khumalo and Crime Intelligence Technical Support Services head Dineo Mokwele.

Deputy Director of Public Prosecutions (DDPP), Advocate Peter Serunye, testified on Tuesday that he spent months trying to obtain the Section 27 referral that formed the basis of the case, despite being appointed to oversee matter.

Serunye said former IDAC head Andrea Johnson summoned him, Adv Drushantha Ramsamy and Adv Joy Hlatswayo, to a brief meeting in last year, where she appeared visibly angry.

“She said, Serunye, I hear you’re looking for the Section 27 and asking many questions. Don’t you believe my investigators? She said she had seen the Section 27,” Serunye told the commission.

The Section 27 referral, an affidavit by National Coloured Congress leader and MP, Fadiel Adams, triggered an investigation into allegations of fraud and corruption against Mokwele, Khumalo and several other officers.

The Mokwele matter has emerged as a key area of focus at the Commission, which is examining allegations of corruption, political interference and abuse of power within IDAC.

Serunye said that although Ramasamy told him she had seen the referral earlier in the investigation, she could not provide him with a copy for several months. 

He added that even the investigating officer, Brian Padayachee, was unable to produce the document during the early stages of the matter.

Serunye also told the commission he had little opportunity to challenge the appointment of junior advocates to lead the high-profile investigations involving senior police officials.

He said he was brought in as a DDPP in line with IDAC protocol, to supervise the cases, but found that Hlatswayo and Ramasamy had already been assigned lead roles and that arrests had already been made in June last year.

Commission chairperson Justice Mbuyiseli Madlanga also questioned the involvement of senior investigator Padayachee, noting that an intelligence-related investigation would ordinarily have fallen under deputy director Advocate Paul Louw.

Serunye said Padayachee reported to Louw, who appeared inadequately prepared and insufficiently informed about the matter.

He said his role in the investigation effectively ended after the June 27 bail application before he moved on to other cases.

It was only on August 8, he said, that Johnson called him back and informed him she had decided to include him in the expanding investigation.

Serunye was later tasked with overseeing both the Crime Intelligence Chief Financial Officer Major-General Philani Lushaba and Khumalo matters as the probe widened.

He also reflected on KZN Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi’s media briefing on July 6, admitting that he initially dismissed the commissioner’s allegations.

“To be honest, I doubted his remarks at the time,” Serunye testified.

However, after hearing evidence from Johnson and other senior prosecutors before the commission, he said his perspective changed completely.

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