By Johnathan Paoli
Retired Investigative Directorate Against Corruption (IDAC) investigator Colonel Brian Padayachee has conceded that National Coloured Congress MP Fadiel Adams’ original complaint over the appointment of Crime Intelligence Brigadier Dineo Mokwele was “thin on facts”, but maintained it still justified an investigation because it raised serious allegations requiring verification.
Testifying before the Madlanga Commission of Inquiry on Thursday, Padayachee faced extensive questioning over the investigation that ultimately led to the arrests of Crime Intelligence head Lieutenant-General Dumisani Khumalo and several senior officers. Commissioners scrutinised the factual basis for the probe, the handling of police dockets and the role of investigators in criminal prosecutions.
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“When I read it, it’s an allegation. A serious allegation. There is no fact in it, but it still has to be investigated further. It might be thin on facts, but the who and what is still missing,” Padayachee told the commission.
Proceedings began with evidence leader Mahlape Sello apologising after it emerged that the commission had provided Padayachee with an incomplete document bundle. Missing annexures prompted several adjournments as officials worked to reconstruct the record.
Padayachee identified additional missing documents, while Commissioner Sandile Khumalo highlighted inconsistencies in the documentary record, forcing the commission to pause proceedings to establish the correct chronology of exhibits.
When the hearing resumed, Sello apologised to the witness, acknowledging that the commission’s administration had failed him by supplying an incomplete bundle. Commission chair Justice Mbuyiseli Madlanga reiterated that the inquiry was committed to ensuring fairness and would not allow administrative errors to prejudice any witness.
The commission then traced the origins of the Crime Intelligence investigation, examining events from Adams’ complaint in late October 2024 to IDAC’s subsequent probe.
Padayachee said he was briefed on the complaint on 6 December 2024, but could not recall whether investigators immediately requested the relevant dockets or how those requests were made. He confirmed that IDAC engaged police officials to obtain the investigation files but was uncertain when they were transferred.
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Much of the morning’s testimony focused on whether Adams’ complaint contained sufficient factual detail to justify a criminal investigation.
Padayachee initially defended the complaint, saying investigators were obliged to examine the allegations. However, under questioning from Madlanga, he accepted that it contained limited factual material.
Madlanga observed that allegations of a manipulated appointment process required a factual foundation rather than broad assertions. Padayachee agreed the complaint was “thin” on facts but insisted investigators had a duty to determine whether evidence existed to support the claims.
The commission also examined IDAC’s investigative process.
Padayachee testified that investigators do not decide criminal charges or determine whether cases proceed to prosecution. He said investigations are authorised through IDAC’s legal structures, with investigators acting on instructions.
He explained that preliminary inquiries are conducted before investigations are expanded if additional evidence emerges.
Pressed by Commissioner Sesi Baloyi on whether investigators influenced fraud charges laid in the Mokwele matter, Padayachee maintained that charging decisions rest solely with prosecutors.
The inquiry also examined reports identifying shortcomings in the handling of police dockets.
Padayachee testified that duplicate Cape Town and Orlando dockets largely contained identical A1 statements accompanied by vague reports. He said a more detailed examination of the Orlando docket would have revealed discrepancies, including evidence that affidavits had allegedly been tampered with.
Despite identifying inconsistencies, Padayachee said investigators found no evidence directly linking Khumalo to any alleged cover-up.
Commissioner Khumalo questioned why investigators appeared to overlook an existing referral before seeking the original docket.
The commission also heard that Adams’ complaint was formally referred to IDAC after suspended Police Minister Senzo Mchunu’s chief of staff, Cedric Nkabinde, emailed IDAC head Andrea Johnson on 11 November 2024 regarding the allegations.
The commission adjourned for lunch, with Padayachee expected to continue his testimony later on Thursday.
