Justice Mbuyiseli Madlanga has raised the startling possibility that the Investigating Directorate Against Corruption (Idac) could be scrapped altogether, saying the commission’s final recommendations to President Cyril Ramaphosa may include replacing the embattled anti-corruption unit with an entirely new institution created through legislation.
The warning came on Thursday as the Section 84 presidential fact-finding body concluded the testimony of Idac head of investigations and operations Matthews Sesoko, whose evidence laid bare what commissioners described as an institution where binding operational rules were repeatedly ignored.
Over the past month, the commission has heard testimony from prosecutors, investigators and former Idac head Advocate Andrea Johnson describing alleged unlawful investigations, flouted operational procedures, questionable arrests and prosecutions, and internal conflict that has already resulted in the resignation of Johnson and the suspension of several senior officials.
On Thursday, Sesoko conceded that Idac’s own operational manual, which he and Johnson formally signed and adopted in October 2024, was disregarded despite applying to every employee, including the institution’s leadership.
He accepted responsibility for not doing more to stop deviations from the manual, telling commissioners that there came a point where chief investigator Dylan Perumal effectively performed functions that ordinarily belonged to the head of investigations and operations.
Despite those admissions, Sesoko pleaded with the commission not to lose sight of the institution’s broader purpose, stating that “it is a good institution with good structures and good people.”
‘I have no idea what we will recommend in the end’
Madlanga acknowledged the sentiment but cautioned that the commission’s recommendations remained wide open.
“I have no idea what we will recommend in the end,” Madlanga said.
“It may either be the continuation of an institution called Idac, or it may be a totally different institution. I do not know.”
He then floated the most dramatic possibility yet.
“Or the killing of such an institution altogether.”
Read More: Batohi ignored Idac misconduct reports: Sesoko tells Madlanga
Madlanga said one of the lessons emerging from the evidence was that critical operational rules should not merely exist in internal manuals that can be ignored by senior officials.
Instead, he suggested Parliament should consider embedding such safeguards directly into legislation.
“Depending on the acceptance of our recommendation… don’t you think the processes would get legal force from an Act, whether it’s the NPA Act or whatever other Act?” he asked Sesoko.
He said statutory regulation would make it harder for future office bearers to ignore prescribed investigative procedures.
“Having the force of an Act of Parliament, it would be less likely that it would be flouted at whim or at will by whoever the head will be,” Madlanga said.
“Of course, human beings, being what they are, they will flout laws… but I think it will give more force to have it provided for by the Act itself, and not officials sitting down crafting documents as they please at their own accord.”
Sesoko agreed with the proposal, drawing on his experience helping develop the legislation governing the Independent Police Investigative Directorate (IPID).
“There must be a regulation which talks to the operation,” he said.
The exchange comes after weeks of evidence that has exposed deep divisions within Idac, allegations of unlawful investigative practices and repeated departures from internal procedures, prompting the commission to examine not only the conduct of individuals but whether the institution itself requires fundamental reform or replacement.
Read More: Inside Paul O’Sullivan’s four meetings with Idac officials
- Justice Mbuyiseli Madlanga suggested that the Investigating Directorate Against Corruption (Idac) might be scrapped and replaced by a new institution created through legislation.
- Testimony revealed that Idac repeatedly ignored its own binding operational rules, with internal conflict leading to resignations and suspensions of senior officials.
- Idac head Matthews Sesoko admitted that the institution's operational manual was disregarded and acknowledged shortcomings in enforcing compliance.
- Madlanga proposed embedding critical operational procedures into legislation to prevent future flouting of rules by senior officials.
- Sesoko supported the idea of statutory regulation, citing his experience with legislation for the Independent Police Investigative Directorate (IPID).
