By Lehlohonolo Lehana.
The National Prosecuting Authority (NPA) has formally withdrawn all fraud and corruption charges against Crime Intelligence head Dumisani Khumalo and his six co-accused.
Khumalo, Major-General Philani Lushaba (CFO at Crime Intelligence), Major-General Nosipho Precious Madondo (Component Head of Intelligence Analysis and Coordination), Major-General Josias Lekalakala (Gauteng Provincial Head: Crime Intelligence), Major-General Zwelithini Gabela (Technical Management Services), Brigadier Phindile Ncube (Section Head: Personnel Security – Vetting) and Brigadier Dine Mokwele appeared briefly in the Pretoria Magistrate’s Court on Friday, where the court handed down the decision.
The charges stemmed from the appointment of Mokwele as head of Technical Support Services Unit at Crime Intelligence.
The Investigating Directorate Against Corruption (IDAC) claimed that Mokwele lacked the required qualifications for the post and accused Khumalo and other senior officers of manipulating the recruitment process in an attempt to capture Crime Intelligence.
The NPA said the decision was triggered by “emerging, undisputed evidence of serious irregularities” in how the State handled the high-profile case.
NDPP boss Andy Mothibi invoked Section 179(5)(c) of the Constitution, read alongside Section 22(2)(b) of the National Prosecuting Authority (NPA) Act.
These legal provisions grant the NDPP the explicit power to review and intervene in prosecutions if established policy directives are violated.
Testimonies at the Madlanga Commission of Inquiry exposed severe procedural flaws and improper conduct in the building of the State’s case against crime intelligence top brass.
While the Commission has not yet concluded its work or submitted a final report to the President, the NDPP ruled that immediate intervention was necessary to safeguard integrity of the NPA and ensure the interests of justice.
The NPA has launched formal disciplinary processes against three suspended IDAC officials that have been implicated in improper conduct during the commission hearings.
NPA spokesperson Kaizer Kganyago stressed that the withdrawal was final.
“Withdrawal is a withdrawal. Whether conditional or unconditional is irrelevant,” he said, adding that while new evidence could reopen the matter, this was unlikely.
Kganyago explained that a comprehensive process to “reset” IDAC is now underway to restore eroding public confidence and the unit is executing mandatory lifestyle audits alongside skills and qualifications assessments to ensure staff are fit for purpose.
Kganyago also confirmed that the review process involving suspended National Police Commissioner Fannie Masemola is ongoing, describing reviews and representations as routine.
“This process is happening as we speak, and the outcome will be communicated once finalised. We don’t want to say we’ll be ready next week or whatever – all processes must be followed.”
Mokwele told reporters outside court after the withdrawal of charges, that she would rather not focus on her victimisation but rather reforming the criminal justice system to prevent a repeat of the abuse of power.
She described her arrest, overnight detention and transportation in a police van as an experience she would not wish on anyone, saying the public exposure surrounding the case compounded the personal toll.
“I entered public service believing that my skills and experience could contribute to South Africa,” she said.
“Instead, I found myself arrested, prosecuted and publicly portrayed in a manner that I maintain was deeply inconsistent with who I am and the life I had built.”
Mokwele said the unconditional withdrawal had brought “an enormous sense of relief”, while acknowledging that it could not erase the consequences of what had happened.