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The Madlanga inquiry heard on Wednesday that Investigating Directorate Against Corruption (Idac) head Andrea Johnson “solicited” an affidavit by instructing a subordinate to engage MP Fadiel Adams about filing one in a corruption case against police crime intelligence head Lt-Gen Dumisani Khumalo.The directorate, headed by Johnson, faces allegations that it acted outside its mandate. The directorate’s case against Khumalo has been a thorny issue with the directorate’s power to investigate the corruption case under scrutiny.Johnson returned to the witness box on Wednesday and faced technical questions about whether the complaints that triggered the investigation into Khumalo complied with the National Prosecuting Authority Act’s requirements for cases falling within the directorate’s mandate.The commission’s documents show the investigation against Khumalo was initially triggered by a letter from police minister Senzo Mchunu’s office. Mchunu’s office in November 2024 alerted the directorate of Adams’ complaints of interception in corruption cases he opened against Khumalo. Khumalo faces corruption charges related to the SAPS crime intelligence unit’s employment of “unqualified civilian” Brig Dineo Mokwele in a senior post. Read: EDITORIAL | Questions over Idac chief threaten confidence in anti-corruption fightJohnson told the commission that after getting the complaint from Mchunu’s office, without an affidavit from Adams, she asked senior investigator Dylan Perumal to engage Adams. She said the directorate could only investigate the case if there was an affidavit from him. Evidence leader Sello Mahlape put it to Johnson that by doing so, the directorate “solicited” the affidavit from Adams. “I suggest you did that because you knew the minister’s letter does not constitute a section 27 [NPA Act] referral. Idac decided to cure that deficiency.“If we look at section 27, it says the complaint must be on an affidavit, so you knew the minister’s letter would not be sufficient to trigger your mandate. And you sought to cure that shortcoming,” Sello said. Johnson did not agree with the use of the term “solicited” but agreed she issued an instruction for Perumal to engage with Adams. “I do not agree with the (word) solicited. We would have asked him [to file an affidavit],” Johnson said. “We are not supposed to solicit [an affidavit]. I do not know if it [Adams’ affidavit] was a prepared affidavit already; it was to say to him, ‘We received a letter from the minister. We are engaging you.’” Mchunu’s office informed Johnson of the complaint on November 11 2024 and Adams filed his affidavit with the directorate on November 21 2024. Commission chair Mbuyiseli Madlanga said that looking at the dates, Adams would not have had the affidavit when the minister sent the letter. Adams could have drafted the letter after a call from the directorate, he said. Johnson testified that when she considered Adams’ affidavit, she was of the view that it complied with the legal prescripts which give the directorate the jurisdiction to investigate the case.Johnson continues to testify.
