The Madlanga Commission on Tuesday questioned why the Investigating Directorate Against Corruption (Idac) appeared not to have investigated an allegation that former police minister Bheki Cele benefited from a vehicle allegedly financed through the Crime Intelligence secret fund, despite commissioners suggesting it fell squarely within the directorate’s mandate.
The issue arose during former Idac head Advocate Andrea Johnson’s continued testimony before the commission.
‘The most serious of the allegations’
According to the disputed Section 27 affidavit submitted by Member of Parliament (MP) Fadiel Adams, one of the allegations requiring investigation was that then police minister Cele appointed Lieutenant General Dumisani Khumalo as divisional commissioner without an interview and, in return, allegedly received an undue benefit in the form of a vehicle purchased using funds intended for Political Killings Task Team (PKTT) operations.
If proven, the allegation could raise questions about a minister benefiting from intelligence funds reserved for covert police operations, an area from which political office-bearers are legally expected to remain removed.
Commissioner Sesi Baloyi said she found it striking that, of all the allegations contained in Adams’ affidavit, this was the one that appeared to fall directly within Idac’s corruption mandate, yet it seemingly received little or no investigative attention.
“You see, it’s the one allegation that I would have expected would catch your attention because it is the most serious of the allegations,” Baloyi told Johnson.
“More importantly, it is the one allegation that squarely falls within your mandate, if there is any merit, considering that the rest of the affidavit had nothing to do with Idac.”
An impression of selective prosecution
Baloyi suggested the apparent omission created the impression of selective prosecution, with Idac pursuing senior Crime Intelligence officers while overlooking allegations involving a former cabinet minister.
Johnson maintained she had never instructed investigators not to pursue any allegation contained in the affidavit.
She repeatedly suggested the matter formed part of the authorised investigation but was unable to identify the investigator responsible or explain what progress, if any, had been made.
“I didn’t ask questions about how far they were with each investigation,” Johnson said.
“I didn’t specifically ask about this one but I do know it forms part of the authorisation of investigation.”
Question about same allegation before ad hoc committee
The commission then returned Johnson to her earlier appearance before Parliament’s ad hoc committee, where members had specifically questioned her about the allegation.
A transcript displayed before the commission showed a committee member asking: “Is it part of Mr Adams’ complaint that there was apparently a motor vehicle that was procured unlawfully through the PKTT funds, which is privately used allegedly by former minister Cele?”
Johnson had replied: “Not about a vehicle for the previous minister. No.”
When asked whether the vehicle allegation formed part of the complaint, she answered: “Not that aspect.”
The apparent contradiction prompted further questioning from the commission.
Johnson clarified that she could not state with certainty that a vehicle had been bought using the secret fund, but maintained that the allegation involved money allegedly being diverted from the intelligence fund for Cele’s benefit.
Pressed on what other benefit the money could have been used for if not a vehicle, Johnson said she would need Idac to establish the facts.
“I’d have to request Idac to find out what other aspects the money could have been used for,” she said.
Johnson added that her understanding of the abuse of secret funds dated back to her time as a prosecutor in the now-defunct Scorpions, where she worked on the corruption prosecution against former national police commissioner Jackie Selebi.
ALSO READ: ‘I gave Bheki Cele R500k, stopped when he wanted more’ – Vusimuzi Cat Matlala
- The Madlanga Commission questioned why Idac seemingly did not investigate allegations that former police minister Bheki Cele benefited from a vehicle allegedly funded by the Crime Intelligence secret fund.
- The allegation, from MP Fadiel Adams, suggests Cele appointed Lt. Gen. Dumisani Khumalo without interview and received a vehicle purchased with covert funds for Political Killings Task Team operations.
- Commissioner Sesi Baloyi noted this allegation fell clearly within Idac's mandate but appeared to have received little investigation, raising concerns of selective prosecution.
- Former Idac head Advocate Andrea Johnson denied instructing investigators to ignore the claim but could not identify any progress on that specific allegation and gave contradictory statements about the vehicle's existence during prior parliamentary testimony.
- Johnson acknowledged the misuse of secret funds was part of ongoing authorized investigations but said further facts needed to be established by Idac to confirm benefits linked to Cele.
If proven, the allegation could raise questions about a minister benefiting from intelligence funds reserved for covert police operations, an area from which political office-bearers are legally expected to remain removed.
Commissioner Sesi Baloyi said she found it striking that, of all the allegations contained in Adams' affidavit, this was the one that appeared to fall directly within Idac's corruption mandate, yet it seemingly received little or no investigative attention.
"You see, it's the one allegation that I would have expected would catch your attention because it is the most serious of the allegations," Baloyi told Johnson.
"More importantly, it is the one allegation that squarely falls within your mandate, if there is any merit, considering that the rest of the affidavit had nothing to do with Idac."
Baloyi suggested the apparent omission created the impression of selective prosecution, with Idac pursuing senior Crime Intelligence officers while overlooking allegations involving a former cabinet minister.
Johnson maintained she had never instructed investigators not to pursue any allegation contained in the affidavit.
"I didn't ask questions about how far they were with each investigation," Johnson said.
"I didn't specifically ask about this one but I do know it forms part of the authorisation of investigation."
A transcript displayed before the commission showed a committee member asking: "Is it part of Mr Adams' complaint that there was apparently a motor vehicle that was procured unlawfully through the PKTT funds, which is privately used allegedly by former minister Cele?"
Johnson had replied: "Not about a vehicle for the previous minister. No."
When asked whether the vehicle allegation formed part of the complaint, she answered: "Not that aspect."
Johnson clarified that she could not state with certainty that a vehicle had been bought using the secret fund, but maintained that the allegation involved money allegedly being diverted from the intelligence fund for Cele's benefit.
Pressed on what other benefit the money could have been used for if not a vehicle, Johnson said she would need Idac to establish the facts.
"I'd have to request Idac to find out what other aspects the money could have been used for," she said.
Johnson added that her understanding of the abuse of secret funds dated back to her time as a prosecutor in the now-defunct Scorpions, where she worked on the corruption prosecution against former national police commissioner Jackie Selebi.
ALSO READ: 'I gave Bheki Cele R500k, stopped when he wanted more' - Vusimuzi Cat Matlala
