Andrea Johnson concedes legal errors in Madlanga Commission testimony

Andrea Johnson, head of the Investigating Directorate Against Corruption (IDAC), conceded a series of legal errors in testimony at the Madlanga Commission on Wednesday, according to IOL. Her admissions focused on the legal basis for IDAC’s probe into Crime Intelligence head Lieutenant General Dumisani Khumalo and on the handling of a Section 27 affidavit lodged by MP Fadiel Adams.

Key admissions about IDAC’s authority

According to IOL, Johnson acknowledged that IDAC had no legal mandate to investigate Khumalo based on the information initially before it. She also accepted that IDAC was not authorised to solicit complaints from the public.

Errors in assessing the Section 27 affidavit

Johnson told the commission that she had incorrectly applied a subjective test rather than the objective “reasonable person” standard when assessing the Section 27 affidavit submitted by MP Fadiel Adams. According to IOL, she described that mistake as

“an honest error”

.

How the statutory referral came to be

According to IOL, the commission heard that the unit effectively obtained Adams’ Section 27 affidavit, and that affidavit later became the statutory referral relied upon to justify the investigation.

Role of the minister’s letter

Johnson accepted, according to IOL, that the affidavit was prepared only after Police Minister Senzo Mchunu sent a letter that contained no supporting documents and was incapable, on its own, of triggering a lawful IDAC investigation. She also conceded that neither Mchunu’s letter nor Adams’ original complaint established a valid legal basis for the investigation.

Questions about records and advice

When asked for documents that might show IDAC’s authority to proceed, Johnson said she could not recall key records, according to IOL. Commission chair Judge Mbuyiseli Madlanga also questioned why Johnson did not advise the minister that IDAC could not act without a valid statutory referral.

Adjournment and next steps

According to IOL, Johnson’s testimony was adjourned after she reported suffering side effects from medication and is expected to resume before the commission on Thursday.