By Akani Nkuna
Investigating Directorate Against Corruption (IDAC) Ombud retired Judge, Takalani Raulinga, has said on Sunday that his office has already received numerous complaints against IDAC head, Andrea Johnson, including other prominent figures, despite being established just over a week ago.
“Yes, we have received quite a number of complaints, and we are busy dealing with them already. The investigators are out there investigating. Without disclosing who the parties are, I can tell you we have received high-profile complaints and we are dealing with them,” he said.
Raulinga was speaking to the media in Pretoria for the first time since the launch of the Ombud office by the Minister of Justice and Constitutional Development (DOJ & CD), Mmamoloko Kubayi, on Friday, 10 July.
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During its launch, DOJ ministry outlined that the ombud was mandated to investigate allegations of abuse of power, improper conduct, maladministration, and related complaints concerning IDAC.
Raulinga has also highlighted the need law institutions to respect clear judicial boundaries while maintaining appropriate channels for communication, saying that the Ombud’s mandate, together with other oversight law institutions, ought to be understood as one of “complementary constitutional rules.”
He said that the office will operate under strict judicial detachment with no participation to public debate, and neither will it succumb to external pressure or popular opinion, but will prioritise “objective assessment of facts and law.”
The Ombud’s role does not replace the powers of South African Police Service (SAPS) or those of the Directorate for Priority Crime Investigation (DPCI) or the Hawks, according to Raulinga, who emphasised that the investigation of criminal conduct involving individuals and institutions was still with the mandate of those institutions.
“Jurisdictional limitations, it is important to clarify that the office of the IDAC oversight judge does not investigate intelligence matters. that fall within the jurisdiction of the Inspector General of Intelligence,” said Raulinga.
Raulinga, who used to be a member of the ANC, outlined that his party interests were not a hindrance towards his ability to impartially head the Ombud’s office, saying that he became involved with the ANC during his activism era against the apartheid regime but has held many positions in public office, including lecturing about the separation of powers.
He reiterated his commitment to the oath of the office, which he assumed, highlighting that he had also done the same during his time as a Magistrate and a judge, underscoring the importance of public figures disclosing their associations prior to assumption of public office.
“I will remain impartial, I have been impartial as a judge now for more than 19 years. And I think you have never had me taken to the JSC for being impartial. So, even now, I want to commit myself to impartiality,” Raulinga said.
When asked whether or not he was worried that the allegations against Johnson would affect public confidence at IDAC, Raulinga said “yes and no,” saying that she has not been found guilty of wrongdoing. He added that no individual can collapse a state institution.
However, he commented that it was worrying all the perceptions about Johnson have been reported to the media and yet alluded to processes to follow as a means to address the allegations of defeating the ends justice emanating from the Madlanga Commission against Johnson.
“All what I can say is that even if somebody could be found to be on the wrong, that one person cannot spoil the whole is institution. No one person has the power to collapse a big institution such as IDAC,” said Raulinga.
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