By Johnathan Paoli
The Madlanga Commission of Inquiry has accused retired Investigating Directorate Against Corruption (IDAC) senior investigator Colonel Brian Padayachee of “making up” corruption charges regarding the appointment of Crime Intelligence (CI) Technical Services Support head Brigadier Dineo Mokwele, as well as inappropriately sharing the investigating docket with suspended Gauteng CI deputy chief Major-General Feroz Khan.
Resuming proceedings after lunch on Thursday, the commission continued its days-long probing of the investigation that culminated in the arrest of CI head Lieutenant-General Dumisani Khumalo and several other senior SAPS officers.
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Commissioner Sesi Baloyi focused on the charges levelled against Mokwele, arguing that the allegations contained in the charge sheet were unsupported by evidence.
“You had no facts whatsoever. You made it up. You made it up to include her in this charge. And that’s deeply problematic. In fact, until it’s explained properly and satisfactorily why you included her on this charge, it speaks to an abuse of your power and authority to victimise an innocent person, at least on this charge, when you have no facts about it,” she said.
Baloyi said the case alleged that Mokwele colluded with personnel vetting component head Brigadier Phindile Ncube in relation to the iNkwazi e-vetting platform, but questioned what factual basis existed for such an accusation.
She said there was no evidence demonstrating that Mokwele had been involved in the alleged misconduct and criticised what he described as an attempt to build a criminal case without substantiating the allegations.
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Padayachee responded that responsibility for the wording of the charge sheet rested with the prosecution, saying prosecutors had drafted the charges.
Baloyi indicated that the commission may have to hear evidence directly from the prosecutor responsible for compiling the charge sheet.
The commission also questioned Padayachee over his handling of the investigation file after it emerged that Khan had been allowed to view the Mokwele appointment docket while providing a witness statement.
Padayachee conceded that permitting Khan access to the file was improper.
The exchange formed part of broader scrutiny into whether the investigation was conducted lawfully and without favouring particular individuals.
Earlier, commissioners repeatedly challenged IDAC’s decision to investigate Mokwele’s appointment in the first place, questioning whether the directorate had exceeded its statutory mandate by becoming involved in what they described as a human resources matter.
Commission chair Mbuyiseli Madlanga remarked that the more Padayachee attempted to explain the investigation, the more it appeared that IDAC had been meddling in an internal SAPS recruitment process rather than investigating criminal conduct.
The commission heard that the position eventually filled by Mokwele had been advertised unsuccessfully in 2022 and 2023 before being filled in 2024.
Evidence leader Mahlape Sello pointed out that Khumalo had recommended the interview panel in accordance with SAPS procedures and that the panel had subsequently been approved by the National Commissioner’s office.
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Padayachee agreed that Khumalo had followed the prescribed process in recommending the panel.
Commissioners nevertheless questioned why IDAC criticised the composition of the interview panel and specifically suggested that Khan should have been included.
Baloyi argued that mentioning Khan by name in the investigation documents created the impression that IDAC was advocating for his appointment to the panel.
Padayachee replied that Khan had merely been identified as one of several CI generals who could have been considered and that no special significance should be attached to the reference.
Madlanga also questioned the logic behind the investigation’s conclusions, saying investigators appeared to have begun with an assumption of corruption before working backwards to justify it.
“To start with the conclusion and work your way backwards is illogical,” he said.
Sello questioned why IDAC sought the security clearance and vetting records of Khumalo and five other senior Crime Intelligence officers when the Section 27 affidavit before investigators related only to Mokwele’s appointment.
Padayachee replied that the officials had been implicated in various complaints but was unable to confirm whether IDAC had obtained separate statutory authority to investigate them or request their confidential vetting files.
He told the commission that many of the investigative decisions had been directed by NPA Chief Investigator Dylan Perumal and said he could not account for management’s mandate.
The commission concluded Padayachee’s testimony, with former Warrant Officer Livingstone Mpangase expected to appear on Friday morning regarding the 2021 Port Shepstone drug bust.
