By Johnathan Paoli
Investigating Directorate Against Corruption (IDAC) head Andrea Johnson was unable to explain why nine additional senior police officers were added to a list of officials targeted for investigation following a Section 27 referral by National Coloured Congress (NCC) MP Fadiel Adams, prompting fresh allegations that she had abused her powers.
Resuming her testimony before the Madlanga Commission on Wednesday afternoon, Johnson faced questioning from evidence leader Mahlape Sello over an authorisation she signed expanding the scope of the proposed investigation beyond the officials named in Adams’ affidavit.
Sello pointed out that Adams’ referral referred only to Crime Intelligence head Lieutenant-General Dumisani Khumalo, Major-General Madondo and Philani Lushaba.
However, the authorisation Johnson approved included nine additional senior police officials.
She asked Johnson where the extra names had come from after Johnson testified that she had received the authorisation form from a prosecutor, only mentioned as Advocate Ramsamy.
“Because from what you are suggesting, it’s like she [Ramsamy] looked at those three names and said, ‘No, three is not a good number. I prefer 12,’ and started just adding other names in there. And you signed and you were happy with that,” Sello said.
Johnson said Ramsamy would have to explain the origin of the additional names.
Sello questioned why Johnson, as head of IDAC, had not raised the issue herself.
“I know. I’m trying to figure out how she would have arrived at the names because their official capacity is mentioned. But the names are not mentioned. I take the point,” Johnson replied.
The commission heard that Johnson nevertheless authorised an investigation into the additional officials before any preliminary investigation had been conducted.
Sello challenged the legal basis for doing so.
“My challenge is this: you are authorising an investigation into eight people who are not mentioned in the singular document you have. They’re not referred to you. There’s no complaint regarding them. But you’re authorising an investigation into them,” she said.
Johnson responded that she must have discussed the matter with Ramsamy but could not recall the conversation.
“I’m saying she and I must have had a conversation and I will follow that up because I don’t have an independent recollection of a conversation. And she would have to indicate then if she had a conversation with somebody else. I wouldn’t just have blindly signed it without finding out from her,” she said.
Commissioner Sesi Baloyi rejected that explanation, saying Johnson, as the final decision-maker, should have refused to authorise an investigation that extended beyond the allegations contained in the referral.
“You are the one in charge. You are the one that’s authorising an investigation. It’s difficult to conceive of a situation where she comes back to you and gives you a list of names and you don’t say, ‘No, we can’t do that because it doesn’t arise from this affidavit.’ We haven’t started an investigation, so I know you didn’t get those names from an investigation,” Baloyi said.
“We are bound by law. We are bound by rules to investigate that which is properly given to us. It’s a misuse of powers, whether it comes from her or from you. To me, it’s yet another instance where you, in particular, have misused your powers to go where you are not authorised to go. There is no legitimate basis to do this,” he added.
Johnson replied that she had no comment.
Earlier in the proceedings, Johnson testified that she had personally decided on 6 December 2024 to initiate a preliminary investigation because she believed Adams’ affidavit provided reasonable grounds to proceed.
She acknowledged that she had not shared the Section 27 referral with IDAC’s Head of Investigations and Operations, Mathews Sesoko, before taking that decision, despite testifying on Tuesday that all Section 27 referrals were discussed with him.
Johnson also rejected evidence by retired IDAC colonel Brian Padayachee that a case management committee determined whether investigations should proceed, maintaining that no such committee currently exists within IDAC.
Proceedings ended early after Johnson requested an adjournment on medical grounds.
Sello told the commission Johnson was taking medication that was causing debilitating side effects, and the request to adjourn at 3pm was granted.
Johnson is expected to continue her testimony when the commission resumes on Thursday morning.
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