Former Investigating Directorate Against Corruption (Idac) head Adv Andrea Johnson’s final day before the Madlanga commission ended with commissioners confronting her over WhatsApp messages they said exposed a far deeper relationship with Crime Intelligence deputy head Maj-Gen Feroz Khan than she had previously acknowledged.
The exchanges became one of the most dramatic moments of Johnson’s marathon testimony after evidence leader Adv Mahlape Sello abandoned plans to read portions of the chats into the record because they involved minors.
Sello nevertheless revealed one of Khan’s greetings to Johnson.
“He says to you, ‘Hi Gorgeous’,” Sello told the commission.
VIP entrance for Khan
The confrontation began after Johnson was questioned about messages in which she instructed Khan to enter Idac’s offices through a VIP entrance without signing the visitors’ register.
Johnson initially maintained the entrance was routinely used for special visitors.
However, after sustained questioning, she conceded Khan had come to discuss a personal matter unrelated to Idac.
“That is the whole point, to demonstrate that you have a very personal relationship and the lengths you go to to accommodate one another,” Sello said.
“I referenced how you address each other at times, either calling each other ‘gorgeous’, you tell each other how much you miss each other.”
“Now have we addressed the relationship? It’s a very deep and personal one.”
“Yes,” Johnson replied.
Commissioner Adv Sesi Baloyi said the messages also suggested the pair discussed matters relating to Khan’s work within Crime Intelligence.
“I’m looking at a page where he asks you who said something, and you say, ‘I will tell you when I see you. For now, be smart about who you trust at work.’ You and him are discussing matters that have something to do with what is happening at his place,” Baloyi said.
Sello further referred to messages showing Johnson, Khan and another senior police officer, Gen Senthumule, discussing cooking for Senthumule while she was ill with Covid-19, arguing they illustrated the closeness of their relationship.
Further revelations through emails
The commission also revealed that a protected witness, identified only as Witness O, had supplied investigators with emails that Johnson previously claimed were unavailable because her Gmail account no longer retained records dating back to 2018.
According to the commission, the emails relate to an assault investigation in which Khan was the suspect. Johnson is alleged to have shared the police docket with him while he was under investigation.
‘I will humbly exercise my rights not to implicate myself’
Sello reminded Johnson that both during consultations and in her earlier evidence she had denied having a close personal relationship with Khan.
Johnson declined to answer questions about the allegations, saying three witnesses had implicated her and that the matter now formed part of a criminal docket before the National Prosecuting Authority.
“It is now with the NPA to make a decision on whether I should or not be prosecuted,” she said.
“I will humbly exercise my rights not to implicate myself.”
Sello challenged that position, saying no decision to prosecute had yet been taken.
“If the decision has not been made and you are not under prosecution, I’m sure you appreciate you cannot invoke the rights set out in Section 35 of the Constitution. Those are the rights of an accused person,” he said.
Johnson responded that she was instead relying on protections afforded by the Commissions Act.
Sello pointed out that evidence given before the commission could not ordinarily be used against a witness in subsequent criminal proceedings.
Johnson replied that her answers could nevertheless provide investigators with “a road map” to strengthen a criminal case against her.
Johnson invokes right to remain silent
Commission chairperson Justice Mbuyiseli Madlanga warned Johnson that by refusing to answer she was leaving the evidence of other witnesses uncontested.
“You could have offered a counter to what these witnesses have said,” Madlanga told her.
After consulting her legal representative during a brief adjournment, Johnson returned to the witness stand and formally invoked her right to remain silent.
“This matter affects me directly. I’m aware that should I choose not to answer, they remain unchallenged. I elect not to answer questions so as not to incriminate myself,” she said.
- Former Idac head Andrea Johnson was confronted by the Madlanga commission over WhatsApp messages revealing a deeper personal relationship with Crime Intelligence deputy head Maj-Gen Feroz Khan than admitted.
- Messages showed Johnson facilitating Khan’s entry through a VIP entrance for personal matters and exchanged affectionate greetings, highlighting their close relationship.
- Conversations also indicated discussions on Khan’s work and personal support, including talks about cooking for a colleague ill with Covid-19.
- Emails surfaced contradicting Johnson’s claim that her Gmail records were unavailable; these related to an assault investigation involving Khan, raising concerns she shared confidential police information.
- Johnson declined to answer questions citing her right not to incriminate herself, with the commission chair warning that her silence left other witnesses’ evidence uncontested.
