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Two months after the Investigating Directorate Against Corruption (Idac) arrested top police crime intelligence generals in a controversial corruption case, deputy director of public prosecutions (DDPP) Peter Serunye warned of a lack of evidence but the case was not withdrawn. Serunye testified on Tuesday at the Madlanga commission investigating allegations that the directorate, under advocate Andrea Johnson’s leadership, abused its power by prosecuting crime intelligence generals without evidence.Police crime intelligence head Lt-Gen Dumisani Khumalo and other generals were falsely accused of hiring an “unqualified civilian”, Brig Dineo Mokwele, in a key engineering-related position in the unit. Evidence presented to the commission showed she was more than qualified for the position. Serunye provided evidence before the commission showing he sent a letter to Johnson’s secretary in August 2025, two months after the arrest, flagging lack of evidence to substantiate the corruption charge and questioning the basis of the “rushed” arrest.“Having read the docket on August 16 2025, I was not satisfied that the corruption charge was sustainable on the available evidence and current formulation of the charge sheet, and I said so in writing at the time,” he said.Serunye said in the letter sent to Johnson’s office and investigators that he questioned why the accused had been charged with corruption and what evidence in the docket proved corruption because he could not pinpoint such. “The arrest was rushed,” Serunye told the commission, adding that the allegations against the senior officials were serious.“The questions I raised remained unanswered on the material in the docket. It demonstrated that the arrests had been premature,” he said.“The nature of the unanswered questions demonstrated that the preliminary investigation had not been properly conducted or, alternatively, that there was no case.” Serunye asked to be taken off the case in September 2025 due to an earlier acquaintance with one of the accused, Gauteng Crime Intelligence head Maj-Gen Josias Lekalakala.Lekalakala was charged with police crime intelligence CFO Maj-Gen Philani Lushaba, intelligence analysis and co-ordination head Maj-Gen Nosipho Madondo, Maj-Gen Zwelithini Gabela and Brig Phindile Ncube.Johnson, during her testimony, was asked by commissioner advocate Sesi Baloyi whether any lawyer had raised the deficiency in the corruption case, triggered by a complaint from National Coloured Congress MP Fadiel Adams. Johnson said, no. Serunye said it is not true that concerns in the corruption case were not flagged to Johnson. “I did make it known to her. She was not truthful that she was not made aware of the concerns,” Serunye said. “My view that the matter was rushed was communicated to the ID on August 25 2025.” Serunye provided to the commission an email he sent directly to Johnson in which he indicated that the corruption charge was not substantiated. He said Johnson did not respond to his concern. Serunye told the commission that state prosecutor Drushantha Ramsamy and the prosecutor in the case, advocate Joy Hlatshwayo, had raised concerns about the merits of the case.“Once I was officially involved in the Mokwele matter, advocates Hlatshwayo and Ramsamy came to me to voice their concerns about the lack of evidence in the Mokwele matter.“Since there had been no DDPP on the matter before my involvement, I could understand why they felt that they could not address these issues directly with advocate Johnson due to the power dynamic.”The case against Khumalo and other generals was provisionally withdrawn by National Prosecuting Authority head Andy Mothibi last month, a year after it was enrolled in court. Johnson also resigned last month while testifying at the commission on the collapsed case against crime intelligence generals.Business Day
