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Madlanga questions legal basis for IDAC probe into crime intelligence officials

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By Johnathan Paoli

The Madlanga Commission of Inquiry on Tuesday questioned whether the Investigating Directorate Against Corruption (IDAC) had a lawful basis to investigate senior Crime Intelligence (CI) officials, with commission chairperson Justice Mbuyiseli Madlanga suggesting the probe may have been launched on the strength of “mere allegations”.

Resuming after the lunch adjournment, the commission questioned retired senior investigator Brian Padayachee about allegations made by National Coloured Congress MP Fadiel Adams and whether his referral met the requirements of Section 27 of the National Prosecuting Authority Act.

Madlanga repeatedly challenged Padayachee’s understanding of the legal threshold required before an investigation could begin, cautioning that allegations alone could not justify the exercise of IDAC’s investigative powers.

“You see the problem with your approach, you seem to believe that once an allegation has been made, then the Section 27 requirements have been met,” Madlanga said.

The commission heard that Adams submitted a

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