Staff Reporter
The DA spokesperson on Justice and Constitutional Development, Advocate Glynnis Breytenbach, has accused Justice and Constitutional Development Minister Mmamoloko Kubayi of failing to act urgently to fill the vacant leadership post at the Independent Directorate Against Corruption (IDAC) after the dramatic exit of Advocate Andrea Johnson.
Breytenbach – a former prosecutor- said on Thursday that while the appointment of a permanent replacement for Johnson rests with President Cyril Ramaphosa, Kubayi was responsible for making an interim appointment.
“Minister Kubayi has failed to act on her promise to fill the position with urgency. In doing so, she ignores the plight of millions of South Africans who live in broken ANC municipalities plagued by corruption,” she said.
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“On 30 July 2026, the Minister promised to appoint an acting head to IDAC ‘within days’. Three weeks later she is yet to act. This showcases the Minister’s lack of urgency in the fight against corruption,” Breytenbach said.
Kubayi said at a media briefing on July 30 that an acting head would be appointed from outside IDAC and that the candidate would first undergo vetting. The announcement formed part of a six-month effort by the government and National Prosecuting Authority to address concerns about the directorate following damaging evidence before the Madlanga Commission against Johnson.
Johnson resigned after her appearance before the commission in July. Ramaphosa accepted her request to vacate the position with immediate effect on 27 July, following a recommendation from Kubayi that was supported by National Director of Public Prosecutions Andy Mothibi.
Johnson testified over six days between 21 and 29 July.
The commission probed IDAC’s handling of investigations involving senior Crime Intelligence officials. During her evidence, she conceded that she had erred in concluding that a case against Crime Intelligence head Lieutenant-General Dumisani Khumalo fell within IDAC’s mandate and acknowledged that some investigations conducted by the directorate might not have been properly authorised.
She also acknowledged that she had not personally verified the qualifications of Brigadier Dineo Mokwele before charges relating to Mokwele’s appointment were pursued.
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Johnson also faced questions over her relationship with suspended Crime Intelligence deputy head Major-General Feroz Khan. Evidence before the commission included WhatsApp messages showing a considerably closer personal relationship than Johnson had initially described. Johnson ultimately accepted that their relationship had been “very deep” and personal.
She was separately questioned about an allegation that, while working as an NPA prosecutor in 2018, she had caused an assault docket involving Khan to be leaked to him before he was charged. Johnson invoked her right against self-incrimination when questioned on aspects of that allegation.
In her testimony, IDAC prosecutor Drushantha Ramsamy told the commission that Johnson had driven an “orchestrated effort” against National Police Commissioner General Fannie Masemola and Khumalo. Ramsamy also testified that Johnson wanted investigators to find evidence that could be used against senior Crime Intelligence officer Brigadier Ashine Krishnadutt, and alleged that Johnson’s husband, a senior Crime Intelligence officer, had an interest in the matter.
The commission has said that Johnson will be recalled and served with a Rule 3 notice, the procedure used to formally notify a person that evidence implicating them has been presented and to give them an opportunity to respond.
Breytenbach said the continuing vacancy risked hampering the directorate’s anti-corruption efforts.
“While the directorate tasked with fighting corruption remains rudderless, criminals loot municipal budgets with abandon. Residents are the ultimate victims of corruption, and the Minister’s inaction in finding an interim replacement for Andrea Johnson delays the fight of getting municipalities working for all,” Breytenbach said.
She also used the leadership vacancy to renew the DA’s push for its proposed Anti-Corruption Commission Bill, which is before Parliament and seeks to establish an independent body with investigative and prosecutorial authority.
“IDAC needs a capable acting leader to fulfil the Directorate’s mandate until our Anti-Corruption Commission Bill comes into operation. Our Bill is currently before Parliament and will create an independent corruption-busting body with the power to investigate and prosecute corruption. It will operate free from any form of political influence, similar to a Chapter 9 institution,” Breytenbach said.
