One of the country’s most senior graft-fighting prosecutors withdrew from a high-profile Crime Intelligence prosecution after realising one of the accused was a childhood friend, with whom he had played township football, the Madlanga Commission heard on Tuesday.
Deputy Director of Public Prosecutions Advocate Peter Serunye told the commission that he immediately declared a conflict of interest after recognising Major General Josias Lekalakala during court proceedings involving crime intelligence head Lieutenant-General Dumisani Khumalo and his co-accused.
“We were homeboys,” Serunye told the commission.
Serunye is among a succession of senior Investigating Directorate Against Corruption (Idac) officials testifying about the investigation that culminated in the June 2025 arrests of Khumalo and several senior Crime Intelligence officers.
He explained that he only became involved in the prosecution at the beginning of August last year after junior prosecutor Advocate Joy Hlatshwayo had been assigned to the matter.
Opposing bail without prepared affidavit
According to Serunye, Hlatshwayo had even been sent to oppose bail without a prepared bail affidavit, adding another layer to the evidence already before the commission that questioned whether the prosecution had been properly prepared.
The commission has previously heard suggestions that aspects of the case appeared calculated to publicly embarrass the accused by ensuring they first appeared in court before evidential shortcomings were addressed.
Serunye testified that it was only during one of the court appearances that he realised accused number four was someone he had known for decades.
“When I turned back to look at the accused, I then noticed, for the first time since their first appearance, that accused four is a person that is known to me,” he said.
“Accused four and I grew up together in the township in Mabopane. We actually played soccer together for many years, albeit for different teams.”
Conflict of interest declared
He immediately drafted a memorandum to then Idac head Advocate Andrea Johnson and head of operations Matthews Sesoko, declaring his conflict of interest.
Reading from the memorandum before the commission, Serunye said: “For all intents and purposes, accused four (Josias) and I are homeboys… I have verified that accused four is the same person I grew up with, thus I have formally decided to inform Idac, and recuse myself from any case in which Mr Josias Lekalakala and his family members and associates are accused persons.”
Serunye said protecting the integrity of the prosecution and his own professional reputation left him with no alternative.
“I take my reputation seriously,” he told commissioners.
He said Johnson approved his request about two weeks later but asked him to first finalise a Section 63 application relating to the accused’s bail conditions before formally withdrawing from the prosecution in open court.
Before that could happen, however, the presiding magistrate recused himself after revealing that he had been subpoenaed to testify before the Madlanga Commission.
Serunye told the commission that he did not consider this to be a legally sustainable basis for recusal.
He was later replaced on the prosecution team by Deputy Director of Public Prosecutions, Advocate Santos Maniali.
Read More: ‘I feel I was set up’: Idac prosecutor’s bombshell at Madlanga Commission
- Deputy Director of Public Prosecutions Advocate Peter Serunye withdrew from a Crime Intelligence prosecution after recognizing accused Major General Josias Lekalakala as a childhood friend.
- Serunye immediately declared a conflict of interest, citing their long-standing personal connection dating back to township football in Mabopane.
- Serunye replaced a junior prosecutor who had opposed bail without a prepared affidavit, raising questions about the prosecution's preparedness.
- He formally notified Idac leadership of his conflict and was approved to withdraw after handling a bail application, prioritizing the prosecution's integrity and his professional reputation.
- Serunye was replaced by Advocate Santos Maniali after the presiding magistrate recused himself due to a subpoena to testify before the Madlanga Commission.
One of the country's most senior graft-fighting prosecutors withdrew from a high-profile Crime Intelligence prosecution after realising one of the accused was a childhood friend, with whom he had played township football, the
Deputy Director of Public Prosecutions Advocate Peter
"We were homeboys,"
He explained that he only became involved in the prosecution at the beginning of August last year after junior prosecutor Advocate Joy
"When I turned back to look at the accused, I then noticed, for the first time since their first appearance, that accused four is a person that is known to me," he said.
"Accused four and I grew up together in the township in Mabopane. We actually played soccer together for many years, albeit for different teams."
He immediately drafted a memorandum to then Idac head Advocate
"I take my reputation seriously," he told commissioners.
He said Johnson approved his request about two weeks later but asked him to first finalise a Section 63 application relating to the accused's bail conditions before formally withdrawing from the prosecution in open court.
Before that could happen, however, the presiding magistrate recused himself after revealing that he had been subpoenaed to testify before the
He was later replaced on the prosecution team by Deputy Director of Public Prosecutions, Advocate Santos Maniali.
Read More: 'I feel I was set up': Idac prosecutor's bombshell at
