Crime Intelligence head Lieutenant General Dumisani Khumalo and Major General Nozipho Madondo have formally complained to the ministers of justice and police, as well as the National Director of Public Prosecutions (NDPP) Andy Mothibi.
This follows what their legal team describes as irregular arrest threats by the Investigating Directorate Against Corruption (IDAC).
The senior South African Police Service (SAPS) officers, together with other accused in a criminal case relating to the appointment of Brigadier Dineo Mokwele (in 2025), have also written to IDAC head Andrea Johnson demanding answers about why warning statements were not obtained from them before warrants of arrest were allegedly issued.
Has IDAC acted within its mandate?
In a letter sent through their lawyers, the officers asked Justice Minister Mmamoloko Kubayi to investigate whether IDAC has acted within its constitutional and legislative mandate.
The complaint follows events on June 18 when Khumalo and Madondo were allegedly informed that warrants had been issued for their arrest and that they should report to Brooklyn Police Station.
According to the letter, the officers were told they must bring overnight clothes in anticipation for a cold night in the prison cell.
No warning statements
Their lawyers argue that the threatened arrests were procedurally flawed because the officers had not been given an opportunity to provide warning statements.
“There are obvious areas of concern. Our clients have not been given the basic right of having a warning statement taken from them,” said the lawyers.
The officers subsequently presented themselves at Brooklyn Police Station but were allegedly informed by an IDAC official that the arrests had been postponed.
They said no reasons were provided.
“There were no reasons advanced why the arrest was postponed, let alone why it was necessary in the first place,” said the lawyers.
Situation shifts because of June 30
Last week, National Prosecuting Authority (NPA) spokesperson Kaizer Kganyago, in a statement, said the IDAC warrants of arrest have been issued against only two officers – Khumalo and Madondo.
Kganyago said both officers had initially been contacted by investigators and asked to present themselves at the Brooklyn police station on June 18.
However, the situation shifted after IDAC was informed that the officers were part of a Justice, Crime Prevention and Security (JCPS) cluster team tasked with preparing for a national security operation linked to immigration issues, scheduled to take place on June 30.
Said the lawyers: “Our clients’ view is that the posture taken by IDAC in refusing to adequately address a simple request for further particulars adequately fortifies our clients concern that there is no case against them,” the letter states.
Mokwele’s appointment
The legal complaint goes further, alleging that IDAC lacks jurisdiction in the case involving the appointment of Mokwele.
The officers contend that the matter falls outside the directorate’s statutory mandate and that prosecutors have failed to demonstrate that the case was properly referred to IDAC in terms of Section 27 of the National Prosecuting Authority Act.
“The investigation and prosecution undertaken by IDAC against our clients is clearly outside the legislative mandate of IDAC and therefore is outright unlawful,” the lawyers argue.
The officers also claim that internal SAPS investigations found no wrongdoing in the recruitment process and accuse IDAC of pursuing a case with little prospect of success.
“Our clients have reason to believe that IDAC is hell-bent to arrest our clients on frivolous charges all of which is intended to derail our clients from performing their lawful duties,” the complaint reads.
Broader tensions within security cluster
The letter further alleges that the arrests and threats of arrest are linked to broader tensions within the security cluster.
“The conclusion that these arrests and threats of arrests are a pushback from certain quarters is irresistible,” the lawyers wrote.
Neither IDAC nor the NDPP had responded to the officers’ latest correspondence at the time the complaint was submitted.
Read More: Pressure mounts to shut down IDAC
- Crime Intelligence head Lieutenant General Dumisani Khumalo and Major General Nozipho Madondo have formally complained to the ministers of justice and police, as well as the National Director of Public Prosecutions (NDPP) Andy Mothibi.
- This follows what their legal team describes as irregular arrest threats by the Investigating Directorate Against Corruption (IDAC).
- The senior South African Police Service (SAPS) officers, together with other accused in a criminal case relating to the appointment of Brigadier Dineo Mokwele (in 2025), have also written to IDAC head Andrea Johnson demanding answers about why warning statements were not obtained from them before warrants of arrest were allegedly issued.
- Has IDAC acted within its mandate.
- In a letter sent through their lawyers, the officers asked Justice Minister Mmamoloko Kubayi to investigate whether IDAC has acted within its constitutional and legislative mandate.
