Madlanga Commission questions IDAC probe after investigator cannot explain referrals

The Madlanga Commission of Inquiry has raised fresh doubts about an Investigative Directorate Against Corruption (IDAC) probe into Crime Intelligence leadership after a senior IDAC investigator could not explain how the investigation began. According to IOL, commissioners said arrests proceeded even though SAPS Legal Services had advised the evidence was too weak to sustain criminal charges.

Investigator unable to identify original referral

According to IOL, senior IDAC investigator Brian Padayachee told the commission he was shown information by other officials that prompted the probe but could not account for the original referral that set the process in motion. Commission chairperson Justice Mbuyiseli Madlanga said that without seeing the referral first, investigators were effectively conducting an investigation “in the dark.”

Legal opinion flagged weak evidence

According to IOL, the commission heard that a SAPS Legal Services report advised investigators that the evidence in the investigation files was insufficient to sustain criminal charges. The legal opinion stated:

“The current information contained in the document is scanty and too vague to formulate charges against any suspects. As a result, Legal Services is unable to confirm that the required elements of any offence are contained in the dockets.”

Questions on investigatory focus and procedure

According to IOL, co-commissioner Advocate Sandile Khumalo criticised the focus of the probe, saying investigators began with security clearance issues instead of first determining whether the appointment in question met the legal requirements for the post.

Evidence leader Advocate Mahlape Sello SC repeatedly directed Padayachee to address allegations specifically relating to Lt-General Dumisani Khumalo. According to IOL, Padayachee said Khumalo was under investigation in connection with his vetting file.

Source of complaints and next steps

According to IOL, the complaints that prompted the probe were lodged by National Coloured Congress leader and MP Fadiel Adams. Adams invoked Section 27 of the National Prosecuting Authority Act in affidavits requesting IDAC investigate allegations of corruption and defeating the ends of justice involving senior SAPS officials, and he also wrote to suspended Police Minister Senzo Mchunu regarding the allegations.

According to IOL, Padayachee defended continued enquiries, saying the inspectorate should have investigated further rather than concluding that the available evidence was inadequate. The inquiry is underway.