Ramaphosa accepts Andrea Johnson’s immediate resignation as head of IDAC

President Cyril Ramaphosa on Monday accepted the immediate resignation of Advocate Andrea Johnson as Investigating Director of the Investigating Directorate Against Corruption (IDAC), the Presidency confirmed in a media statement.

Resignation accepted under NPA Act provision

Presidency spokesperson Vincent Magwenya said Ramaphosa acted “in terms of section 12(8)(a) of the National Prosecuting Authority Act of 1998” to accept Johnson’s request to vacate office with immediate effect. Magwenya said the decision followed a recommendation by Kubayi, supported by Mothibi, that her request be granted.

Johnson asked to be released immediately

Johnson directed her request for an immediate release from office to the National Director of Public Prosecutions and to President Ramaphosa. In her resignation letter she asked that her contractual three-month notice period be waived and requested that her resignation take effect within 24 hours by agreement.

Reasons given in resignation letter

In the letter Johnson said the past five months had been “particularly challenging” and described attacks on her personally and in her official capacity as “unprecedented”. She said the negative attention had become a reputational risk to both IDAC and the NPA and wrote, “I cannot be the reason that there is so much negative attention and reputational risk to IDAC and the NPA.”

Johnson acknowledged that allegations against her had not been proven and said any inquiry into her fitness to hold office would be costly and time-consuming. She also said she had already applied for retirement, having reached the age of 55, but feared that the retirement process could become the subject of legal challenges involving both the Presidency and the NDPP.

Controversy linked to Madlanga Commission testimony

Johnson’s departure followed weeks of pressure after her testimony at the Madlanga Commission of Inquiry. During her appearance she made concessions under cross-examination: she withdrew an earlier description of Brigadier Dineo Mokwele’s appointment as a “token appointment” and apologised after admitting she had not reviewed Mokwele’s qualifications before making the claim.

She also acknowledged that IDAC had no legal basis to investigate Lieutenant General Dumisani Khumalo in one matter and conceded the unit should not have solicited complaints from members of the public to initiate an investigation.

Complaints and oversight

The Office of the IDAC Oversight Judge confirmed it had received complaints against Johnson and said their existence did not amount to findings of wrongdoing but would form part of its investigative process. Pressure intensified after Public Interest SA and Brigadier Mokwele lodged formal complaints with the Legal Practice Council and the IDAC Ombud, respectively, arguing her commission testimony warranted investigation.

Presidential statement

Magwenya said the President thanked Johnson for her years of service in the National Prosecuting Authority and as head of IDAC, and assured the leadership and staff of the NPA of the government’s “unwavering support for its work in the fight against crime and corruption.”