Lawyer James Ndebele has accused IDAC of embarrassing two senior crime intelligence officers and forcing them to incur legal costs after allegedly summoning them to the Brooklyn Police Station for a possible arrest, only for investigators not to arrive.
Ndebele, who represents Lt-Gen Dumisani Khumalo and Maj Gen Nosipho Madondo, told the media outside the police station in Pretoria that his clients had reported to the police station after receiving calls requiring them to present themselves but were left without clarity on the allegations they were expected to answer.
‘Generals fully cooperated’
He said the generals had fully cooperated and were not flight risks but were placed in a humiliating position after arranging legal representation and appearing at the police station as requested.
“My clients reported at the Brooklyn Police Station. IDAC is nowhere to be found,” Ndebele said.
“We arrived here at quarter past two, waited for IDAC, and we eventually had to have an OB entry made to confirm that both my clients fully cooperated.”
The OB entry appears to have become a key safeguard for the two officers, as Ndebele said it recorded that they had arrived voluntarily after being summoned.
‘No warning statements taken’
He said the episode was “strange” because no warning statements were taken and no details of the alleged offences were placed before the generals.
“In an ideal world, if there is an investigation of sorts, warning statements are obtained and a decision gets to be made after the decision-maker has looked at the complainant’s complaint, as well as the response,” he said.
“But in this case, seemingly, there seems to be some form of agenda that is being pushed by IDAC.”
Pressed on what agenda he was referring to, Ndebele said he could not say until IDAC provided the allegations against his clients.
“Well, we are here to find out. I’ll be able to confirm once we know what the allegations are,” he said.
The lawyer said he had been told that a warrant of arrest had been issued, but he had not seen it and no specifications had been given to the defence.
“From what I am told, a warrant was issued. I have not seen one. No further information has been provided to them. The specifications have not been provided to them,” he said.
Lawyer seeks answers
Ndebele said he would contact IDAC to establish what allegations the generals were facing and why they had not first been called to give an explanation.
He said this was important because a prosecutor should make an informed decision after considering the version of the person accused of committing an offence.
The most immediate consequence, he said, was financial and reputational.
“It is embarrassing for my clients to be put at great expense to have an attorney instructed to attend the police station with them at the request of IDAC, only for IDAC not to pitch at the police station,” he said.
Ndebele said the generals were already appearing at the Pretoria Magistrate’s Court in relation to other charges, although he was not on record in that matter.
“My colleagues are representing both my clients in that matter,” he said.
“But it is embarrassing that my clients continuously get to incur legal expenses. This was a waste of legal expenses for them to appear today at the police station, only for IDAC not to be present.”
‘Senior management intervened’
Asked whether someone senior in government had intervened to stop the arrest, Ndebele said a decision had come from senior management, but he could not disclose certain details because of national security.
He said his clients were in good spirits but disappointed.
“They are in good spirits, but disappointed at the fact that they seemingly feel abused by IDAC,” he said.
“It is not the first time. It is not a coincidence that both generals who are appearing in Pretoria have now been summoned by IDAC officials to be at the Brooklyn Police Station for them to be arrested.”
Ndebele said an urgent court application was premature at this stage.
“For now, I would not want to jump the gun,” he said. “I would prefer to get further particulars from IDAC, try to establish the facts, and then make decisions thereafter.”
- Lawyer James Ndebele has accused IDAC of embarrassing two senior crime intelligence officers and forcing them to incur legal costs after allegedly summoning them to the Brooklyn Police Station for a possible arrest, only for investigators not to arrive.
- Ndebele, who represents Lt-Gen Dumisani Khumalo and Maj Gen Nosipho Madondo, told the media outside the police station in Pretoria that his clients had reported to the police station after receiving calls requiring them to present themselves but were left without clarity on the allegations they were expected to answer.
- ‘Generals fully cooperated’ He said the generals had fully cooperated and were not flight risks but were placed in a humiliating position after arranging legal representation and appearing at the police station as requested.
- “My clients reported at the Brooklyn Police Station.
- IDAC is nowhere to be found,” Ndebele said.
