National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi found his name unexpectedly drawn into proceedings at the Madlanga Commission on Tuesday.
This as the long-awaited testimony of Investigating Directorate Against Corruption (IDAC) head Advocate Andrea Johnson got underway.
Johnson, who appeared before the commission after missing last week’s hearing because of a medical emergency, was sworn in as a witness. An immediate legal tussle erupted over IDAC’s investigation into senior police generals, including crime intelligence boss Lieutenant General Dumisani Khumalo.
The confrontation centred on why a subpoena relating to the investigation had not been honoured.
Johnson’s counsel, Advocate Langa Bodlani, told the commission that Johnson had been relieved of responsibility for the investigation and was therefore unable to testify on matters relating to that case.
Evidence leader Advocate Mahlape Sello rejected that explanation, arguing that the three subpoenas had been directed at IDAC as an institution rather than at an individual official.
She maintained that, as head of IDAC, Johnson remained accountable for the directorate’s work and should be able to address matters falling within its mandate.
Who removed Johnson from the investigation?
The commission chairperson, retired judge Mbuyiseli Madlanga, then pressed Bodlani on who had removed Johnson from the investigation.
Bodlani responded that the decision was approved by Mothibi following a request from Johnson.
Madlanga did not challenge the assertion but insisted that the commission be shown the legal authority permitting such a decision.
Andy Mothibi
Mothibi’s name carries considerable weight in South Africa’s criminal justice system. Before becoming the National Director of Public Prosecutions earlier this year, he led the Special Investigating Unit (SIU), where he earned a reputation for strengthening anti-corruption investigations, recovering billions of rands in public funds and steering the institution through the aftermath of the state capture era.
His appointment to head the NPA was broadly welcomed by governance and business organisations, which viewed him as an experienced, institution-focused prosecutor committed to rebuilding confidence in the prosecuting authority.
As Madlanga was still engaging Bodlani, the advocate informed the commission that he had just received fresh instructions.
He told the commission that all the requested documents would, after all, be made available during the course of the day.
The announcement marked a dramatic shift in IDAC’s position and was welcomed by Sello, who indicated her satisfaction that the documents would now be produced.
Johnson has been invited following allegations by several witnesses that she may have abused her office while heading IDAC. Her testimony before the commission was continuing at the time of publication.
ALSO READ: Johnson’s moment of truth
- Advocate Andrea Johnson, head of IDAC, testified at the Madlanga Commission amid a legal dispute over subpoenas related to an investigation into senior police generals.
- Johnson's counsel argued she was relieved from responsibility for the investigation, but the commission insisted she remain accountable as IDAC head.
- It was revealed that National Director of Public Prosecutions Andy Mothibi approved Johnson's removal from the investigation, prompting calls for legal authority for such a decision.
- Mothibi, known for his anti-corruption work and recent appointment as NPA head, is under scrutiny due to his role in the reassignment.
- IDAC agreed to produce the requested documents after initially resisting, marking a significant shift and allowing the commission to continue its probe into allegations against Johnson.
National Director of Public Prosecutions (NDPP) Advocate
Johnson, who appeared before the commission after missing last week's hearing because of a medical emergency, was sworn in as a witness. An immediate legal tussle erupted over IDAC's investigation into senior police generals, including crime intelligence boss Lieutenant General Dumisani
Johnson's counsel, Advocate
Evidence leader Advocate
His appointment to head the NPA was broadly welcomed by governance and business organisations, which viewed him as an experienced, institution-focused prosecutor committed to rebuilding confidence in the prosecuting authority.
As
He told the commission that all the requested documents would, after all, be made available during the course of the day.
Johnson has been invited following allegations by several witnesses that she may have abused her office while heading IDAC. Her testimony before the commission was continuing at the time of publication.
ALSO READ: Johnson's moment of truth
