One of South Africa’s most experienced corruption prosecutors told the Madlanga commission of inquiry on Tuesday that he now believes he was “set up” in the controversial crime intelligence investigation that culminated in the arrests of Lt-Gen Dumisani Khumalo and Brig Dineo Mokwele.
Deputy director of public prosecutions Adv Peter Serunye made the startling concession while reflecting on evidence led before the commission over the past two weeks, saying he initially dismissed KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi’s explosive allegations against the Investigating Directorate Against Corruption (Idac).
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“To be honest, I doubted his remarks at the time,” Serunye testified.
However, after listening to witnesses before the commission, including former Idac head Adv Andrea Johnson and senior prosecutors from within the unit, Serunye said his view had fundamentally changed.
“That’s when I realised that maybe… it appears I found myself in an offside position, or at least handled the ball with my hands,” he told the commissioners.
‘It feels like I was set up’
“In fact, I sort of feel a little bit angry if I think about it. It feels like I was set up.”
Serunye said he was not the only prosecutor who may have been unwittingly drawn into the investigation.
He singled out Adv Joy Hlatshwayo, who worked alongside him on the Mokwele prosecution.
“Not only me, but Hlatshwayo as well. I think, junior as she was, I don’t think she was supposed to have been involved in this case. Looking at it now, it appears to me she was set up.”
Commission chairperson Justice Mbuyiseli Madlanga sought to reassure Serunye, pointing out that documentary evidence before the commission showed he had raised concerns about the merits of the case while it was still under consideration.
Serunye regrets allowing matter to proceed
Serunye nevertheless expressed regret that the investigation had progressed as far as it did.
He conceded he remained troubled by his own role in allowing the matter to proceed.
Earlier in his testimony, Serunye outlined how major Idac investigations were initiated.
He said deputy directors of public prosecutions prepared memoranda recommending whether complex matters should be investigated and proposed members of the prosecution team, subject to approval by the Investigating Director.
Although former Idac head Andrea Johnson would make handwritten notes on those memoranda before approving them, Serunye said she never instructed him to prepare a memorandum for a specific case or dictated which prosecutors should serve on his teams.
He explained that Johnson would identify the level of experience required, after which he would select the prosecutor.
Serunye’s evidence is expected to continue throughout the day as the commission examines how the Crime Intelligence investigations were authorised and whether prosecutors were misled into supporting cases that lacked a proper legal foundation.
- Senior South African prosecutor Adv Peter Serunye testified that he believes he was "set up" during the controversial crime intelligence investigation involving Lt-Gen Dumisani Khumalo and Brig Dineo Mokwele.
- Initially skeptical of allegations against the Investigating Directorate Against Corruption (Idac), Serunye changed his view after hearing testimony from former Idac head Andrea Johnson and other prosecutors.
- Serunye expressed anger and regret over his role, suggesting that junior prosecutor Adv Joy Hlatshwayo was also inappropriately involved in the case.
- Commission chair Justice Mbuyiseli Madlanga noted Serunye had previously raised concerns about the case’s merits during its early stages.
- Serunye explained how Idac investigations were authorized and prosecutors selected, emphasizing that decisions were made with approved memoranda but without direct instructions from Johnson.
One of
Deputy director of public prosecutions Adv Peter
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"To be honest, I doubted his remarks at the time,"
However, after ing to witnesses before the commission, including former Idac head Adv
"
"In fact, I sort of feel a little bit angry if I think about it. It feels like I was set up."
He singled out Adv Joy
"Not only me, but
Commission chairperson Justice
He conceded he remained troubled by his own role in allowing the matter to proceed.
Earlier in his testimony,
He said deputy directors of public prosecutions prepared memoranda recommending whether complex matters should be investigated and proposed members of the prosecution team, subject to approval by the
He explained that Johnson would identify the level of experience required, after which he would select the prosecutor.
