Former Investigating Directorate Against Corruption (Idac) head, Advocate Andrea Johnson, told the Madlanga Commission on Tuesday that her resignation has left her unable to assist in obtaining outstanding documents sought by the inquiry, urging commissioners to approach the official now leading the directorate.
Johnson, whose resignation was accepted by President Cyril Ramaphosa on Monday, said she no longer had the authority or access she previously enjoyed as head of Idac.
Her departure came after an intense week of testimony before the commission, during which she made a series of significant concessions over Idac’s investigation into senior Crime Intelligence officers.
Among them were admissions that Idac had no mandate to investigate Lieutenant General Dumisani Khumalo on the original complaint, that investigators solicited Member of Parliament, Fadiel Adams’ Section 27 affidavit, that she had applied the wrong legal test when authorising the investigation, had given incorrect information to Parliament, and had apologised for describing Brigadier Dineo Mokwele’s appointment as a “token appointment” after accepting she possessed the required qualifications.
Commission awaits several files
On Tuesday, Johnson said her resignation meant she could no longer personally secure documents requested by the commission.
The commission is still awaiting several files, including an inquiry file relating to Adams’ disputed Section 27 affidavit, which commissioners have heard became the foundation for Idac’s investigation into senior Crime Intelligence officials.
That investigation ultimately led to several fraud-related arrests. However, National Director of Public Prosecutions Advocate Andy Mothibi has since provisionally withdrawn the charges.
“We haven’t received anything since we last engaged,” evidence leader Advocate Mahlape Sello told Johnson.
“Are you able to indicate where we stand on those? Those documents are not only relevant when we engage with you, but for all witnesses within what we term the Idac stream. Those will be required.”
Johnson said she understood the commission’s predicament.
“I understand. As of yesterday, I do not hold an official position. I am not the ID,” she said.
She explained that President Cyril Ramaphosa’s acceptance of her resignation meant she was no longer able to procure documents on the commission’s behalf.
Arrangements made to act on commission’s outstanding requests
“It then becomes difficult to procure documents in the manner I would have. What I did indicate is that when I am not there, the next person to approach for documents would be Mr Mathews Sesoko. He is the head of operations at Idac.”
Johnson said she had already made arrangements to ensure the commission’s work continued uninterrupted.
“I therefore made that suggestion so that the work of the commission is not held up,” she said.
Sello asked whether she had formally instructed Sesoko before leaving office.
“Just to confirm, before you vacated office, did you make a formal instruction to Mr Sesoko or whoever would be next in command to act on the commission’s request, or do we have to do this all over again?”
Johnson replied that she convened a meeting on Friday to discuss the commission’s outstanding requests.
“I’ll send Mr Sesoko a reminder as soon as we adjourn. He was part of the meeting,” she said.
Johnson’s legal representative, Advocate Bongani Bodlani, told the commission that they were also receiving instructions from National Prosecuting Authority legal adviser, Advocate Mthunzi Mhaga.
“In the wake of Miss Johnson’s departure from office, he has undertaken to follow up on these documents,” Bodlani said.
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- Former Idac head Andrea Johnson resigned, limiting her ability to assist the Madlanga Commission with outstanding documents.
- Johnson made significant admissions during testimony, including errors in Idac's investigation into senior Crime Intelligence officers.
- The commission is still awaiting key files, including those related to MP Fadiel Adams' disputed Section 27 affidavit, crucial to the investigation.
- Johnson advised the commission to approach Mathews Sesoko, Idac's head of operations, for document procurement after her departure.
- Arrangements were made to ensure the commission's work continues, with Sesoko and National Prosecuting Authority legal adviser Advocate Mthunzi Mhaga following up on requests.
