By Lehlohonolo Lehana.
The Investigative Directorate Against Corruption (IDAC) senior investigator Brian Padayachee has told the Madlanga Commission of Inquiry that he has no insight into how Section 27 complaints are issued, as the directorate faces scrutiny over its handling of such referrals.
IDAC is a specialised unit within the National Prosecuting Authority (NPA) with a mandate to investigate high-profile, complex, financial crimes.
As such, IDAC investigations are triggered by Section 27 of the NPA Act.
The section says complaints to IDAC must be through a sworn affidavit which outlines the nature of suspicion and grounds for it.
Padayachee was asked whether his probe into Crime Intelligence senior officials met the criteria outlined in Section 27.
“I conducted an investigation that flew from a briefing from my chief investigator, I did a bona fida investigation. Whether some of these things fell out of the mandate of idac during the course, I cannot say I did something wrong.”
Commissioners have stressed their questions are aimed at trying to find out IDAC’s motivations and not to pronounce guilt or innocence.
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.
Meanwhile the court has granted R5,000 bail to Ekurhuleni Metropolitan Police Department (EMPD) officer Adrian MacKenzie and former EMPD officer Kersha-Leigh Stols implicated in the theft of precious stones, valued at R14,9 million.
They appeared at the Johannesburg Magistrate’s Court, where the case has been postponed to August 25.
They have to hand over their passports, and have to report to Nigel and Mayprton police on Mondays. Meanwhile, charges against the third accused, Etienne van der Walt have been withdrawn.