By Lehlohonolo Lehana.
The Investigating Directorate Against Corruption (IDAC) investigators Dylan Perumal, Brian Padayachee and Suneel Bellochun have been suspended pending disciplinary proceedings.
The Minister of Justice and Constitutional Development, Mmamoloko Kubayi made the announcement during a media briefing in Tshwane, alongside the National Director of Public Prosecutions (NDPP) head, Adv Andy Mothibi.
Their suspension comes after former IDAC head Andrea Johnson’s intense six-day testimony before the Madlanga Commission of Inquiry, in which she addressed allegations that Idac – a unit of the National Prosecuting Authority (NPA) – unlawfully operates outside of its mandate.
Johnson’s appearance focused on IDAC’s pursuit of a criminal case against Crime Intelligence head Dumisani Khumalo and other officials in the division.
Perumal and Padayachee were part of the team that pursued the case against Khumalo.
Bellochun was one of at least nine investigators who interviewed suspended sergeant Fanni Nkosi without the presence of his lawyer at the Kgosi Mampuru Correctional Centre.
Their suspension also comes just a few days after President Cyril Ramaphosa accepted Johnson’s request to resign as IDAC head.
Kubayi said an experienced investigator is being appointed by the Special Investigating Unit (SIU) to conduct a full audit on IDAC cases.
“In the interim, the National Prosecutions Service is finalising the consideration of the Crime Intelligence Division cases enrolling. All Section 28 (1) and 13 authorisation will be evaluated against mandate, intake criteria, and referral mechanisms.”
“There will be an evaluation of all cases currently on the court roll to ensure that people are correctly charged.”
Kubayi also dismissed what she described as the “wrong perception” that IDAC is dominated by prosecutors and investigators of Indian origin.
She said IDAC’s demographic profile with regards to prosecutors and investigators is as follows:
- The breakdown of investigators are: 81.2% Africans (56), 7.3% coloureds (5), 10.1% Indians (7) and 1.5% white (1);
- The breakdown of prosecutors are: 50% Africans (20), 17.5% Indian (7) and 32.5% white (13).
“It is clear from the statistics that the demographic composition is reflective of the population demographic of the country.”
Mothibi said, Johnson is already under criminal investigation, saying her resignation will not shield her from accountability if evidence of wrongdoing is found.
He said the public should not expect to wait six months before seeing accountability within IDAC.
He outlined a multi-pronged accountability plan that extends beyond disciplinary action.
The NPA, he said, would hold officials accountable through internal disciplinary proceedings, criminal prosecutions where offences had been committed, civil litigation to recover financial losses suffered by the institution, referrals to professional bodies such as the Legal Practice Council and, where appropriate, investigations by the newly established IDAC Oversight Judge.
“We know that Adv Johnson has resigned. That obviates the question of holding her accountable as an employee,” Mothibi said.
Mothibi also revealed that the National Prosecuting Authority has established a dedicated team of prosecutors to deal specifically with matters emerging from the Madlanga commission.
The move comes as evidence before the inquiry continues to expose alleged misconduct within Idac, with the NPA signalling that criminal investigations, disciplinary proceedings and professional misconduct processes will proceed in parallel where warranted.