By Johnathan Paoli
Investigating Directorate Against Corruption (IDAC) head Advocate Andrea Johnson has invoked her constitutional right against self-incrimination, telling the Madlanga Commission of Inquiry that she will not answer questions relating to allegations that she leaked confidential police dockets to suspended Crime Intelligence (CI) deputy head Major-General Feroz Khan.
Resuming her testimony before the commission on Tuesday afternoon, Johnson said the allegations were the subject of National Prosecuting Authority (NPA) processes and that she intended to exercise her constitutional rights where appropriate.
“When I testify on those matters, should I be called upon to, I will exercise my right not to incriminate myself under section 35(3) of the Constitution of the Republic of South Africa, read with section 3(4) of the Commissions Act, 1947. These instruments guarantee my right against self-incrimination,” Johnson said.
“I hold the view that the Commission’s fact-finding mandate does not override my constitutional protection against self-incrimination under any circumstances.”
Evidence leader Advocate Mahlape Sello told the commission her team had four investigation dockets and intended to question Johnson on three of them, while exercising restraint on a fourth involving suspended Crime Intelligence head Lieutenant-General Dumisani Khumalo because investigations were still ongoing.
Commission chair Justice Mbuyiseli Madlanga ruled that Johnson’s claim of privilege would be considered on a question-by-question basis during her evidence.
The allegations stem from earlier testimony by retired Hawks Colonel Kobus Roelofse and Captain Mark McLean, who accused Johnson of improperly obtaining and disclosing confidential police information relating to Khan.
Roelofse alleged that Johnson sourced information from a criminal complaint against Khan and ensured that the contents of the docket reached the senior Crime Intelligence officer despite him being the subject of the investigation.
According to Roelofse, the complaint arose from a common assault and intimidation case opened by Brigadier Leonora Phetle, who alleged that Khan assaulted her with a pen. Phetle worked in an office adjacent to Khan’s, and the commission has previously heard an audio recording in which Khan allegedly harassed her.
Roelofse further testified that Johnson allegedly approached former journalist and current AfriForum spokesperson Barry Bateman to obtain the docket before it was allegedly passed to Khan through a Crime Intelligence officer.
McLean largely corroborated Roelofse’s evidence, alleging that Johnson’s actions compromised the investigation and exposed whistleblowers to risk.
Johnson also informed the commission that she would not answer questions relating to Crime Intelligence Technical Support Services head Brigadier Dineo Mokwele or her controversial appointment, arguing that the matter was sub judice. She said, however, that she remained willing to respond to questions on other issues before the commission.
Meanwhile, the Office of the IDAC Oversight Judge confirmed that it had received complaints concerning Johnson but stressed that no findings had been made.
In a statement, the office said the complaints were being processed in accordance with established procedures and emphasised its commitment to protecting whistleblowers who report alleged wrongdoing in good faith.
“The Office remains steadfast in its commitment to protecting whistleblowers and complainants who make disclosures in good faith. The reporting of alleged corruption and misconduct is an essential feature of constitutional accountability and the rule of law,” the statement said.
The office cautioned against treating the existence of complaints as evidence of misconduct and said it would not comment further while the matters remained under consideration.
The Madlanga Commission adjourned for the day, with Johnson expected to continue her testimony on Wednesday.
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