By Lehlohonolo Lehana.
The Madlanga Commission of Inquiry has established that the Independent Directorate Against Corruption (IDAC) Head Advocate Andrea Johnson provided contradictory statements at the Parliament Ad Hoc committee and the Commission.
Johnson told the ad hoc committee that she did not receive NCC leader and MP Fadiel Adams’ referral herself when it was addressed to IDAC.
However, she told the commission that she received the complaint from Senzo Mchunu’s office, and then her office contacted Adams for an affidavit.
“The two are contradictory, which is the true position? Is it what you stated to the ad hoc committee or what you are stating to this commission?” asked evidence leader Mahlape Sello.
“I took the question at the time to mean that I received it from Mr Adams [personally]. My office did receive the Section 27. That is the position. I received a Section 27 deposed to by Mr Adams and dated 21 November 2024,” explained Johnson.
Johnson also told the ad hoc committee that she was not aware that Adams had referred his complaint to the police minister.
But we know after engagement yesterday that tells us otherwise. Your entire basis for being persuaded by the referral is precisely because you said these issues have been raised with the minister. The minister or the minister’s office had purported to refer this matter to you in terms of Section 27,” said Sello.
“At the time, I did not recall receiving anything from the office of the minister,” responded Johnson.
However, Sello took issue with the fact that Johnson’s response was a definite “no”, knowing the ad hoc committee would rely on her answers to come to a conclusion.
Johnson’s testimony could also attract the ire of MPs after she admitted she incorrectly testified to parliament’s ad hoc committee.
The commission heard that on 27 November 2024, Adams lodged a complaint with IDAC, claiming he had opened three criminal cases against Crime Intelligence officials in Gauteng but believed the dockets were being intercepted.
Johnson testified that on 6 December, IDAC approached Crime Intelligence head, General Dumisani Khumalo, requesting the dockets.
Khumalo informed the directorate that the files were not in his possession and were being held by the SAPS Inspectorate.
The commission heard that IDAC then approached Lieutenant-General, Hilda Senthumule, after which the Inspectorate handed the dockets to the directorate on 9 December 2024.
Johnson denied that IDAC had unlawfully seized the dockets, insisting the Inspectorate handed them over voluntarily and was under no obligation to do so.
She also apologised for describing Brigadier Dineo Mokwele’s appointment as a “token appointment” and withdrew the remark.
The commission heard that IDAC charged Mokwele, along with several other Crime Intelligence officials, with fraud and corruption, alleging that she was not qualified for her position.
However, evidence before the commission showed that Mokwele holds a degree in Industrial Engineering, a diploma in Mechatronics Engineering and several other academic qualifications, prompting commissioners to conclude that she was academically qualified for the post.
While Johnson maintained that Mokwele lacked the required managerial experience, commissioner Sandile Khumalo, challenged that assertion, saying her previous employment provided the necessary experience.
Johnson was subsequently instructed to withdraw her remarks about Mokwele’s appointment.
Mokwele and Khumalo are expected to meet IDAC oversight judge Takalani Raulinga next week. This in response to complaints lodged by the pair against the IDAC.
The commission also heard IDAC took just three weeks to investigate a group of Crime Intelligence officials before arresting them on 26 June last year.
Johnson testified that she authorised the investigation on 30 May 2025 following what she described as a Section 28(13) preliminary inquiry to determine whether there were sufficient grounds for a full criminal investigation.
Less than a month later, several Crime Intelligence officials were arrested on fraud and corruption charges.
When asked what evidence IDAC uncovered during the three-week investigation, Johnson struggled to provide a direct answer, saying she first needed to consult the relevant case documents.
Public Interest SA has lodged a formal complaint with the Legal Practice Councilc(LPC), calling for a disciplinary investigation into Johnson’s conduct following what it describes as damning concessions made during proceedings before the commission.
The organisation argues that the complaint raises serious concerns about Johnson’s fitness to continue practising as a legal practitioner and serving as the head of South Africa’s specialised anti-corruption prosecuting body.
Public Interest SA further contends that aspects of Johnson’s conduct are incompatible with the ethical obligations of legal practitioners, her duties as an officer of the court, and the standards expected of the head of IDAC.
Meanwhile Angelo Agrizzi, the former COO of Bosasa known for his testimony to the State Capture Commission, submitted evidence to the Madlanga Commission. Once again, the IDAC, NPA, Correctional Services and influential names appear in his documents.