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President Cyril Ramaphosa has little choice but to suspend Independent Directorate Against Corruption (Idac) head advocate Andrea Johnson to safeguard public trust on prosecution decisions pending a probe into allegations of improper conduct, a legal analyst says. Johnson faces allegations of improper conduct after in 2018 allegedly sharing the docket of an assault case opened against police crime intelligence operation support boss Maj-Gen Feroz Khan. The directorate has also been accused of acting outside its legal mandate, with claims it was being used by senior police officers in factional clashes and investigated cases outside its jurisdiction. After allegations at the Madlanga commission of inquiry into corruption in the criminal justice system, there has been much scrutiny of Idac’s case against crime intelligence head Lt-Gen Dumisani Khumalo over the unit’s employment of an allegedly unqualified civilian, Brig Dineo Mokwele, to a senior post. Read: ‘Useless sick note’ delays Andrea Johnson’s Madlanga commission testimonyThe allegations against Idac have raised questions about Johnson’s fitness to hold office that should be investigated, University of Pretoria law lecturer Llewelyn Curlewis told Business Day. “I do think it is a right thing to do to suspend her at this stage pending a proper investigation,” he said. “According to the principle of natural justice, she will have an ample opportunity to put her version before whoever investigates. If she cannot explain it properly and she is found guilty of gross misconduct, by all means then she must not only be suspended but be removed.”Johnson is yet to respond to the allegations against her before the commission.The allegations against her are concerning, Curlewis said, adding that Ramaphosa’s “hand has been forced for him” to suspend her. “The public will lose faith in our justice system if, despite the fact that she is mentioned by name in the Madlanga commission, she is still in office and makes decisions on the prosecutions of individuals in this country,” he said. The president placed police minister Senzo Mchunu on special leave pending the investigation into his alleged links to criminals.Ramaphosa also put national police commissioner Gen Fannie Masemola on precautionary suspension after he was charged with contravening the Public Finance Management Act (PFMA) related to the awarding of a R228m contract to Medicare 24, a business linked to alleged criminal mastermind Vusimusi “Cat” Matlala. Based on these moves, Curlewis said he would not be surprised if Johnson suffered the same fate.Justice & constitutional development minister Mmamoloko Kubayi and National Prosecuting Authority head Andy Mothibi last Friday indicated they had an “urgent” meeting with Johnson to address concerns from the Madlanga inquiry and that “steps taken emanating from this urgent meeting between the three will be communicated in due course”.But whether she faces an official investigation into charges of misconduct remains uncertain, with newly appointed Idac oversight judge, retired justice Takalani Raulinga, on Sunday declining to confirm whether a probe is under way. “I have said that we protect those who complain and those against whom complaints are laid. All I can say is that yes, we received quite a number of complaints. We have received high-profile complaints and we are dealing with them,” Raulinga told a media briefing when asked if a complaint has been filed against the Idac boss.Kubayi established the oversight body to allow an independent office to investigate complaints over rights violations, improper conduct or obstruction in the exercise of the powers, duties and functions of officials in Idac.Raulinga vowed to be impartial in the role, saying his record of no complaints against him at the Judicial Service Commission proves it will be the case.“I have declared that before I became a judge, I used to be a member of the ANC. I never held any office in the ANC,” he said, adding that his membership had no effect on his conduct in the judiciary.“I have been impartial as a judge for more than 19 years; I think you have never heard [of] me having been taken to the JSC. Even now I want to commit myself to impartiality,” Raulinga said.He said though his office received several complaints days after the oversight body’s establishment, he is confident Idac will not collapse.“Even if somebody could be found on the wrong side, that one person cannot spoil the whole institution. No single person has the power to collapse a big institution such as Idac. We should not allow individuals to collapse our institutions,” he said.Business Day
