IDAC head Johnson rebuts claims of ‘rogue elements’ as committee probes Khumalo arrest

Andrea Johnson told parliament’s ad hoc committee on police corruption that Lt-Gen Dumisani Khumalo’s arrest was effected on the basis of a valid referral from NCC leader Fadiel Adams, not a ministerial instruction.

“I didn’t act on the letter, because there wasn’t anything to act on,” she said, confirming that correspondence from minister Senzo Mchunu’s chief of staff, Cedrick Nkabinde, did not amount to a proper section 27 referral under the National Prosecuting Authority Act.

Johnson testified that Adams’ complaint, lodged in November after opening cases in the Western Cape and Gauteng, was the lawful basis for IDAC’s investigation.

She said she authorised the investigation in December, and, given the sensitivity, her team sought documents through subpoenas channelled via the national commissioner’s office in January–February.

Johnson personally informed commissioner Fannie Masemola of the subpoena process, and confirmed that he later delivered the documents in boxes to IDAC’s offices, accompanied by Marga van Rooyen. Investigators studied the material, assigned it to case files and indicated further subpoenas would follow.

Johnson notified National Director of Public Prosecutions Shamila Batohi ahead of the arrest; Masemola was not informed.

Khumalo was arrested on June 26 at an airport without handcuffs or media spectacle. Johnson said the arrest avoided dramatics — “If IDAC took one lesson from the Scorpions, it was to not have media arrests”— and that bail was agreed on with prosecutors setting conditions barring Khumalo and his co-accused from Crime Intelligence offices to interact with witnesses, who had reported victimisation and intimidation.

“It is the state’s duty to protect its witnesses,” she said. She noted the accused had applied to set aside those conditions; if granted, IDAC will seek alternative safeguards.

Johnson rejected Gen Nhlanhla Mkhwanazi’s public claim that “rogue elements” were operating within IDAC, describing it as unfounded and irresponsible. She warned that such assertions, if true, should be pursued through formal complaints rather than public briefings.

Evidence leader advocate Norman Arendse said that if allegations of informers and infiltration were substantiated, it would be “more than cause for concern.” Johnson agreed with the seriousness of the allegation but told MPs the issue had been left so that “the ad hoc committee and commission could do their work”, adding that she would take it up directly with Mkhwanazi.

She also acknowledged ongoing operational contact within Crime Intelligence, saying, “I think it would be rather disingenuous, chair, to say that nothing happens at CI.” She added that the unit was not hamstrung because acting officers were in place.

She told MPs that Adams opened cases in the Western Cape and Gauteng with dockets registered in October, referred the matter to IDAC between November 11 and 20, and later reported that the dockets were missing. Investigators studied the documents delivered by Masemola, assigned them to case files and indicated follow-up subpoenas would be issued.

Johnson said IDAC was not aware of a legal opinion dated December 11 2024 stating that the information was too scant to confer charges, pointing to co-ordination gaps between advisory and investigative structures. She confirmed that Adams’ affidavit formed part of the investigation record and was not a public document.

Asked by MK party MP Vusi Shongwe whether the arrest was derived from Adams or the minister’s referral, Johnson reiterated that Adams’ was valid and the minister’s was not.

Johnson said she was shocked by Mkhwanazi’s July 6 media briefing, having spoken to him four days earlier during which he had asked her to engage a correctional services contact later found to be implicated in the Bosasa matter from the Zondo commission. ActionSA MP Dereleen James clarified the PKTT’s role, noting that some of its members were seconded to counterintelligence. Johnson thanked her for the clarification and said Masemola had told her Matlala’s devices were with the PKTT without that nuance.

Arendse recorded that the matter was brought to IDAC in November, with further investigation authorised in December, and the case placed on the court roll in June. Johnson said consolidation of earlier complaints would be led in evidence, though not reflected in the charge sheet.