Independent Directorate Against Corruption (Idac) prosecutor Drushantha Ramsamy told the Madlanga Commission on Tuesday that she was effectively removed from a prosecution team after challenging instructions from IDAC boss Andrea Johnson, over arrests and bail applications.
Adv Ramsamy was testifying about the handling of the Dineo Mokwele matter when she described growing disagreement within IDAC over how accused persons should be dealt with.
Ramsamy said she had objected when prosecutors were instructed to oppose a bail amendment application despite their view that there were no legal grounds to do so.
‘I was voted off the team’
“I was voted off the team because I expressed the view that we cannot go and oppose this application,” she told the commission.
She said her position was that prosecutors should accept the magistrate’s decision rather than attempt to circumvent it through another application.
‘My argument was that the magistrate made the ruling. The state can say that they’re leaving it in the hands of the court.”
Ramsamy also described what happened after another magistrate refused to impose the same bail restrictions on fraud- and corruption-accused Maj-Gen Philani Lushaba that had been imposed on other accused in the matter.
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She said there was great panic among senior officials, including Johnson, after Lushaba returned to his office.
“They even wanted me to do Section 63 application against Mr Lushaba in the house breaking matter,” Ramsay said.
She refused, questioning the legal basis for such an application.
“I said on what basis; there’s no witnesses from there.”
Meddling in investigations
Ramsamy’s evidence also turned to Johnson’s involvement in planning arrests.
She said Johnson, although not involved in investigations on the ground, was giving detailed instructions about where suspects should be arrested and how the takedown should proceed.
“Adv Johnson, who is the head of office, who is not on the ground doing investigations, is now informing the prosecutors and the investigators.”
According to her testimony, Johnson instructed that one accused, Maphoko Hudson Kgomoeswana (subsequently convicted of fraud related to Eskom) should be picked up from his home because he worked at a safe house, while investigators were also trying to establish where another suspect, only named as Eugene, could be found.
Also read: Eskom welcomes convictions in Kusile corruption case
Ramsamy contrasted this with what she described as the normal Idac practice of asking suspects to hand themselves over voluntarily.
“That is how, in my experience in the past four years, almost four years… That is how it’s been done.”
She further described an earlier matter in which Johnson allegedly wanted an elderly suspect with comorbidities arrested and transported for hours to Pretoria.
“And I’m saying to them that this person is an elderly person. With co-morbidities. It can never happen that way.”
Ramsay said she and a deputy director eventually sought intervention because they believed the planned arrest was inappropriate.
She said Johnson’s decisions carried decisive weight, alleging “there was no reasoning” with her.
- IDAC prosecutor Drushantha Ramsamy was removed from a prosecution team after challenging instructions from IDAC head Andrea Johnson concerning arrests and bail applications.
- Ramsamy opposed instructions to contest a bail amendment application despite prosecutors believing there were no legal grounds to do so, leading to her being "voted off the team."
- Ramsamy described panic among officials after Major-General Philani Lushaba was granted less restrictive bail terms and refused to make an unfounded Section 63 application against him.
- Andrea Johnson, not involved in ground investigations, was directing detailed arrest plans, including specifying suspects' locations and how takedowns should be conducted.
- Ramsamy stated the normal IDAC practice was for suspects to surrender voluntarily, criticizing Johnson's plans to arrest an elderly suspect with comorbidities and transport them for hours, which required higher intervention.
Adv Ramsamy was testifying about the handling of the Dineo Mokwele matter when she described growing disagreement within IDAC over how accused persons should be dealt with.
Ramsamy said she had objected when prosecutors were instructed to oppose a bail amendment application despite their view that there were no legal grounds to do so.
"I was voted off the team because I expressed the view that we cannot go and oppose this application," she told the commission.
'My argument was that the magistrate made the ruling.
Ramsamy also described what happened after another magistrate refused to impose the same bail restrictions on fraud- and corruption-accused Maj-Gen Philani
Also Read: Maj-Gen Philani
"
"I said on what basis; there's no witnesses from there."
Ramsamy’s evidence also turned to Johnson’s involvement in planning arrests.
"Adv Johnson, who is the head of office, who is not on the ground doing investigations, is now informing the prosecutors and the investigators."
Also read: Eskom welcomes convictions in Kusile corruption case
Ramsamy contrasted this with what she described as the normal Idac practice of asking suspects to hand themselves over voluntarily.
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Ramsay said she and a deputy director eventually sought intervention because they believed the planned arrest was inappropriate.
