By Johnathan Paoli
Former Investigating Directorate Against Corruption (IDAC) head Andrea Johnson has conceded that allegations by corruption-accused SAPS Sergeant Fannie Nkosi that investigators attempted to pressure him into implicating suspended National Police Commissioner General Fannie Masemola and Crime Intelligence head Lieutenant-General Dumisani Khumalo are “extremely serious” and warrant investigation.
Johnson was testifying before the Madlanga Commission of Inquiry on Tuesday when evidence leader Mahlape Sello questioned her about Nkosi’s complaint, which alleges that IDAC investigators interviewed him at Kgosi Mampuru II Correctional Centre on 13 July without his attorney present, despite his request for legal representation.
According to Nkosi’s affidavit, senior IDAC investigator Suneel Bellochun asked him what he knew about alleged corrupt relationships involving controversial businessman Vusimuzi “Cat” Matlala, Masemola and Khumalo.
“I told him that I knew nothing about any corrupt relationships that he was asking me and that I only knew Vusimuzi ‘Cat’ Matlala has close ties with Lieutenant-General Sibiya and Major-General Khan, but he told me that he never asked me about Lieutenant-General Sibiya and Major-General Khan,” the affidavit states.
Nkosi further alleged that when he requested his legal representative be contacted before the interview continued, investigators refused.
“I then informed Suneel Bellochun that I wanted to be interviewed in the presence of my legal representative and I requested that he be contacted, but they refused. Suneel Bellochun further informed me that the interview would continue with or without my legal representative,” the affidavit states.
Sello noted that the interview took place shortly after Matlala’s plea agreement with the state collapsed.
Johnson told the commission the allegations were deeply concerning and questioned why investigators would interview an accused person in custody without first engaging their legal representative. She said such conduct, if proven, would amount to misconduct.
“If these allegations are true, they are immensely serious and need to be addressed,” she said.
Commissioner Sesi Baloyi suggested the allegations indicated investigators may have been attempting to build a case against Masemola and Khumalo without an evidentiary basis.
“It appears that Bellochun went looking for some dirt that could be used against Khumalo and Masemola when there’s no foundation for it,” Baloyi said.
The complaint formed part of the commission’s broader inquiry into whether IDAC improperly targeted senior police officials during investigations linked to Matlala and the R360 million Medicare24 SAPS health services contract.
Sello argued that the Section 27 referral that triggered the investigation relied largely on allegations and conclusions rather than evidence sufficient to meet the statutory threshold for IDAC intervention.
She said the forensic audit into the contract became available only months later and suggested investigators should have waited for objective evidence before proceeding.
“I would have expected IDAC’s investigations into the contract to stop or not be initiated pending receipt of the audit report, because that would tell you, give you some facts, to determine whether or not your mandate is met,” Sello said.
The commission emphasised that its concern was not whether corruption ultimately occurred in the Medicare24 matter, but whether IDAC acted within its legal mandate and for proper reasons when launching the investigation.
Proceedings also examined the criminal charges brought against Masemola.
Sello outlined charges alleging that Masemola contravened provisions of the Public Finance Management Act (PFMA) by failing to prevent irregular or fruitless expenditure, failing to manage SAPS’ contractual liabilities relating to Medicare24, failing to ensure the company was properly screened and tax compliant, and failing to institute disciplinary action against officials allegedly involved in the procurement process.
When asked whether the first count accused Masemola of corruption or merely failing to prevent irregular expenditure arising from alleged criminal conduct, Johnson agreed it was the latter.
Commissioners repeatedly questioned whether alleged PFMA contraventions, without accompanying corruption allegations, fell within IDAC’s investigative mandate.
Baloyi said the charges against Masemola appeared to relate to statutory compliance rather than corruption offences.
Johnson also disclosed that she had already raised concerns with the prosecution team about Masemola’s continued inclusion in the criminal case.
Commission chair Justice Mbuyiseli Madlanga questioned why Masemola had been charged alongside the other accused if the legal basis for doing so remained uncertain, warning that the commission was examining whether IDAC had exercised its powers for improper purposes.
Madlanga stressed that the inquiry was not determining the innocence or guilt of those under investigation.
Instead, he said, the commission was examining whether IDAC had exercised its investigative powers lawfully and within the limits of its mandate.
Earlier in the proceedings, Johnson accepted that, taken together, the evidence emerging before the commission increasingly supported concerns that some IDAC investigations may have formed part of what appeared to be a coordinated campaign against senior police officials, including Khumalo.
The commission adjourned for the day.
Johnson is expected to conclude her testimony on Wednesday morning.
INSIDE POLITICS
