The NPA’s Investigating Directorate Against Corruption has denied that Crime Intelligence head Lt-Gen Dumisani Khumalo or anyone else from the division was arrested, but his lawyer says the real question is why Khumalo and Maj-Gen Nosipho Madondo were allegedly called to the Brooklyn Police Station and left waiting for IDAC officials, who did not arrive.
In a statement dated June 18, IDAC said it had taken note of media reports on the alleged arrest of Khumalo. “We wish to set the record straight that Gen Khumalo has not been arrested nor has anyone else from Crime Intelligence,” IDAC spokesperson Henry Mamothame said.
IDAC officials no-show
The statement, however, does not deal with claims by lawyer James Ndebele that his clients were called to the police station, arrived with legal representation, and had to record their presence in the occurrence book after IDAC officials allegedly failed to pitch.
“My clients reported at the Brooklyn Police Station. IDAC is nowhere to be found,” Ndebele told media outside the police station.
He said Khumalo and Madondo had fully cooperated after receiving a phone call and had come to the police station “to surrender themselves as requested”.
“We eventually had to have an OB entry made to confirm that both my clients fully cooperated. They are not flight risks,” he said.
‘Unnecessary embarrassment’
Ndebele said the episode had exposed his clients to unnecessary embarrassment, legal costs and reputational damage, especially because they were not told what allegations they were expected to answer.
“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.
He said he had been told that a warrant of arrest had been issued, but had not seen it and no particulars had been provided 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,” Ndebele said.
IDAC ‘pushing an agenda’
The lawyer said the normal process should have been for warning statements to be obtained and for a prosecutor to make an informed decision after considering both the complaint and the response of the accused person.
“In this case, seemingly, there seems to be some form of agenda that is being pushed by IDAC,” he said.
Asked what agenda he was referring to, Ndebele said he would only know once IDAC disclosed the allegations.
The incident also drew KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi to the station, turning what began as a legal dispute into a political and institutional confrontation inside law enforcement.
Mkhwanazi said he came after receiving intelligence that IDAC had given itself 48 hours to bring him and Khumalo “to the cells”.
“I did not believe that intelligence when it came,” he said.
He said the matter changed when Khumalo called to say he had received a call to report to the police station.
“I thought if indeed it is true, then perhaps they might also be looking for me, so I might as well be close by to make it easy,” Mkhwanazi said.
‘Something not right’
Mkhwanazi said the alleged calls raised questions about whether justice was being served properly, especially after the generals were allegedly later told not to come.
“They got phone calls to come to the police station, and an hour later they got phone calls not to come because of some intervention from some senior people somewhere,” he said.
Asked whether the incident supported his earlier claims that IDAC had been weaponised against certain police officials, Mkhwanazi said: “We are facing a war. That is all I can say. We are facing a war and there are many players in this game.”
He insisted that police officers were not above investigation, but said any process had to be handled properly.
“If there are things we did wrong, by all means, investigate. But it has to be executed properly,” he said.
Ndebele said an urgent court application was premature, but his clients were disappointed and felt abused by the process.
“It is not the first time,” he said.
- The NPA’s Investigating Directorate Against Corruption has denied that Crime Intelligence head Lt-Gen Dumisani Khumalo or anyone else from the division was arrested, but his lawyer says the real question is why Khumalo and Maj-Gen Nosipho Madondo were allegedly called to the Brooklyn Police Station and left waiting for IDAC officials, who did not arrive.
- In a statement dated June 18, IDAC said it had taken note of media reports on the alleged arrest of Khumalo.
- “We wish to set the record straight that Gen Khumalo has not been arrested nor has anyone else from Crime Intelligence,” IDAC spokesperson Henry Mamothame said.
- IDAC officials no-show The statement, however, does not deal with claims by lawyer James Ndebele that his clients were called to the police station, arrived with legal representation, and had to record their presence in the occurrence book after IDAC officials allegedly failed to pitch.
- “My clients reported at the Brooklyn Police Station.
