By Johnathan Paoli
Deputy Director of Public Prosecutions (DDPP) at the Investigating Directorate Against Corruption (IDAC), Peter Serunye, has told the Madlanga Commission of Inquiry that he believes he was “set up” in the controversial investigation into senior Crime Intelligence appointments, admitting he failed to question what he regarded as an irregular prosecution process.
Testifying on Tuesday, Serunye said he only became aware of the investigation into suspended Crime Intelligence head Lieutenant-General Dumisani Khumalo and several other senior officers on the morning after their arrests. He said he was shocked to discover that the matter was being led by a junior state advocate who reported to him.
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“At the time, I didn’t ask myself many questions on the composition of the team. But it didn’t look right to me that a case of this magnitude was, on the day of the arrest, handled by a junior. I didn’t take it further than that. But it didn’t look right,” Serunye told the commission.
The case relates to the June 2025 arrests of Khumalo, Chief Financial Officer Major-General Philani Lushaba, Intelligence Analysis and Coordination head Major-General Nosipho Madondo, Gauteng Crime Intelligence head Major-General Josias Lekalakala, Technical Management Services head Major-General Zwelithini Gabela, Personnel Security (Vetting) head Brigadier Phindile Ncube and Brigadier Dineo Mokwele.
The State alleges the officers committed fraud and corruption by facilitating Mokwele’s appointment as head of Technical Support Services despite her allegedly not meeting the requirements for the position and by bypassing mandatory vetting processes.
Lushaba also faces separate charges relating to the alleged cover-up of a 2022 robbery at his home, during which a sex worker allegedly stole his state-issued firearm, laptop and cellphone. Investigators allege Crime Intelligence funds were used to conceal the incident.
Serunye said IDAC policy required investigations of this nature to be led by a DDPP, yet one of the most junior prosecutors under his supervision, Advocate Joy Hlatshwayo, had been assigned to the matter.
He testified that he, fellow DDPP Jacyntha Witbooi and chief financial investigator Sibusiso Tshikovhi sought permission from former IDAC head Andrea Johnson to attend court and assist Hlatshwayo after learning she would be appearing alongside investigator Brian Padayachee.
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On arrival, Serunye said Hlatshwayo appeared “evidently overwhelmed”, with court documentation still incomplete shortly before proceedings began.
He and Witbooi stepped in to finalise the administrative documents and assist with consultations before the hearing commenced.
Serunye said Padayachee was the only investigator present with Hlatshwayo and remained with the prosecution team until shortly before the magistrate delivered the bail ruling, leaving early to catch a flight to Gqeberha.
Despite his concerns, Serunye admitted he did not formally report the issues after court.
Looking back, he said both he and Hlatshwayo had been placed in an impossible position.
Serunye testified that he was only formally assigned to oversee the Mokwele and Lushaba matters on 8 August 2025, nearly two months after the arrests, when Johnson instructed him to take supervisory responsibility while Hlatshwayo remained the lead prosecutor in the Mokwele case.
He said he never received the Section 27 referral that initiated the investigation, despite repeatedly requesting both the referral and the docket.
After reviewing the docket on 16 August, Serunye said he immediately questioned whether the corruption charges could be sustained.
He said he asked investigators to identify the evidence supporting the corruption allegations, including who had allegedly corrupted whom and what benefit or quid pro quo the accused officers had received.
While Mokwele’s appointment appeared suspicious, Serunye said suspicion alone was insufficient to sustain corruption charges.
He also revealed that IDAC advocates Drushantha Ramsamy and Hlatshwayo had separately approached him with concerns about the strength of the State’s case after he assumed oversight of the prosecution.
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Serunye later sought to recuse himself after recognising accused Joshua Lekalakala in court as someone he had grown up with and played soccer alongside.
He said Johnson approved his request about two weeks later but first asked him to complete the State’s bail amendment application before formally withdrawing from the matter.
Although Serunye described Johnson as “a good manager”, he told the commission she “did not take it lightly” when her decisions were challenged or reversed.
He maintained that Johnson had sight of all key documents, including affidavits, before major prosecutorial decisions were taken in the Mokwele matter.
The commission continues.
