Kubayi rejects calls to disband anti-corruption directorate after Madlanga revelations

Justice and Constitutional Development Minister Mmamoloko Kubayi has rejected calls to disband the Investigative Directorate Against Corruption (IDAC) following revelations at the Madlanga Commission of Inquiry, saying the calls are “without foundation and cannot be supported.”

Who said what

Kubayi made the remarks when she and National Director of Public Prosecutions Andy Mothibi briefed the media, after the MK Party announced it had submitted a Private Member’s Bill to Parliament seeking to abolish the directorate.

The MK Party’s spokesperson Sifiso Mahlangu said the party wants IDAC’s investigative functions re-integrated into the Hawks and its prosecutorial functions returned to the National Prosecuting Authority (NPA). “The MK Party believes that South Africa’s fight against corruption is best served by strong, properly resourced constitutional institutions operating within a single, accountable chain of investigation and prosecution, rather than through parallel structures,” Mahlangu said.

Kubayi: defend institutions, hold individuals to account

Kubayi told journalists that those calling for IDAC’s closure must “disabuse themselves of the tendency to reduce institutions to individuals. Individuals in organisations come and go, but institutions remain, and we must defend and protect institutions because they are formed to fulfil a societal need rather than the agendas of individuals.”

At the same time she said “individuals within institutions who either abused their power, violated their oath of office, or deviated from operational norms and standards must be held accountable.” She added: “It is accountability mechanisms that we must strengthen in institutions so that there is no impunity and rogue elements can be decisively dealt with.”

Resignations, suspensions and a reset

The briefing followed the resignation of Andrea Johnson, who stepped down with immediate effect on Sunday, a resignation that President Cyril Ramaphosa accepted on Monday. Kubayi described the resignation as allowing for “repositioning and focusing IDAC.”

Kubayi has suspended IDAC’s chief investigator Dylan Perumal pending disciplinary processes. Investigators Brian Padayachee and Suneel Bellochun have also been suspended pending disciplinary proceedings.

Kubayi announced that a new acting head of IDAC will be appointed within a week. She said she had requested vetting and that she was not comfortable appointing someone who had been second-in-command to Johnson, preferring “someone outside IDAC.” “We have to vet and understand the individual we are bringing in and not perpetuate the problems we have,” she said.

Plans to rebuild trust and reform operations

Mothibi outlined a “focused reorganisation” for what he described as a reset project with multiple workstreams. He said the NDPP and the department will ensure IDAC’s business processes are well defined in line with the governing legislation and that operations management will be improved so “IDAC operations are efficient and effective as they should be.”

He said IDAC’s standard operating procedures will be reviewed to provide checks and balances and segregation of duties. The human resources stream will review the structure, determine vacancies and fill required skills. IDAC has 212 employees and there were some vacancies, he said.

Mothibi added that case reviews will ensure cases are appropriately referred and allocated to prosecutors, with checks to avoid conflicts of interest and monitoring mechanisms put in place. He predicted the project “will take six months” and said the NDPP has informed the minister of activities under way “to rebuild trust and public confidence.”

Role of IDAC and next steps

Kubayi said she believes IDAC “has a role to play in our society” and noted there is not currently an institution solely focused on corruption. “There have been other organisations that were found wanting. Why have we not called for their closure?” she asked.

Both Kubayi and Mothibi said accountability would be central to the process, and that the department and the NPA will support the team at IDAC as the reorganisation and review work progresses. Mothibi said the reset will be “quite intense” and workstreams have been developed to deliver a demonstrable turnaround.