By Johnathan Paoli
Investigating Directorate Against Corruption (IDAC) head Andrea Johnson faced tough questioning at the Madlanga Commission on Wednesday morning after conceding that the directorate solicited a Section 27 affidavit from National Coloured Congress (NCC) MP Fadiel Adams.
Resuming her testimony on Wednesday morning, Johnson acknowledged that she had instructed IDAC chief investigator Dylan Perumal to engage Adams after suspended Police Minister Senzo Mchunu’s office sent the directorate correspondence referring to Adams’s allegations concerning Crime Intelligence.
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The questioning goes to whether Adams independently lodged a complaint with IDAC or whether the directorate prompted him to formalise allegations it had already decided to pursue. His affidavit became part of the basis for investigations involving senior Crime Intelligence officials, including Lieutenant-General Dumisani Khumalo.
Evidence leader Advocate Mahlape Sello questioned Johnson about the sequence of events after Mchunu’s office forwarded the correspondence concerning Adams’s complaint to the directorate.
“I honestly cannot remember. I have to cast my mind back to, in the acknowledgement of the receipt of the letter, I speak under correction. I’m not sure that I asked and indicated that there was nothing attached to this letter, because a few days later, by way of envelope, we get the Section 27,” Johnson said.
Sello asked whether Johnson had instructed Perumal to approach Adams about submitting a formal Section 27 affidavit.
Johnson initially said Perumal would have to confirm whether the affidavit had been solicited.
However, when pressed further, she acknowledged that she had instructed Perumal to contact Adams.
Commission chair Mbuyiseli Madlanga challenged Johnson on her role in the process, saying she had given the instruction to Perumal, who had acted on it.
“You provided an instruction to Perumal, who was characterised as an actor. Don’t deflect responsibility. You solicited the affidavit,” Madlanga said.
Johnson accepted the chairperson’s characterisation.
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Madlanga said Johnson’s evidence suggested she had merely acknowledged receipt of the correspondence.
“You’ve just told us, thus far, you’ve basically told us that you did nothing. All you did was to acknowledge receipt of the letter. Yes. What did you do then if you did do something? What did you do?” Madlanga asked.
Commissioner Sesi Baloyi said Adams could not have independently known that he needed to submit such an affidavit.
“He would have been told to file a Section 27. I mean, he didn’t make it up. He didn’t wake up one morning thinking, ‘Oops, I have to put in a Section 27 affidavit.’ So someone would have advised him to file that. That’s why it’s important to know what did you do, what did you say in that acknowledgement of this letter,” Baloyi said.
Johnson maintained that she could not remember the contents of her response but undertook to search again for the correspondence.
Commissioner Sandile Khumalo questioned why neither the draft nor the final letter could be found, suggesting its disappearance created an impression that it may have been deleted.
Baloyi said Johnson was still employed by IDAC and had access to her laptop, meaning she should be able to retrieve the correspondence.
Johnson said she would request IDAC’s information technology department to search both her email account and that of her personal assistant.
Madlanga stressed that if the correspondence had been exchanged electronically, it was improbable that it would have disappeared from both inboxes.
“It’s unlikely that it would disappear on both ends. That’s just unlikely, do you agree?” he asked.
Johnson agreed, while noting that there were occasions when she printed and signed documents herself before handing hard copies to her assistant for distribution.
The commission also sought clarity on who had contacted Adams to request the affidavit.
“How else would Mr Adams have known to contact IDAC and prepare a Section 27 affidavit? Did IDAC contact Mr Adams and say, ‘We need an affidavit from you?’” Khumalo asked.
Johnson conceded that Adams would have had to be contacted by members of IDAC.
Asked who would have done so, she replied: “In this instance, it would have had to have been Chief Criminal Investigator Perumal.”
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Johnson also agreed during questioning that IDAC was not supposed to solicit complaints from members of the public.
Earlier in proceedings, Johnson rejected suggestions that IDAC operates ad hoc teams, explaining that officials from different units are assigned to specific investigations depending on operational requirements.
Johnson outlined the structure of the teams that handled investigations relating to the appointment of Brigadier Dineo Mokwele and the robbery case involving Crime Intelligence chief financial officer Major-General Philani Lushaba.
She testified that Perumal coordinated the investigations, while Advocate Joyce Hlatshwayo led the Mokwele matter.
The commission continues.
