By Johnathan Paoli
The Madlanga Commission of Inquiry on Wednesday questioned retired Investigating Directorate Against Corruption (IDAC) senior investigator Colonel Brian Padayachee over why he regarded the appointment of Crime Intelligence Brigadier Dineo Mokwele as a criminal corruption matter rather than an irregular human resources process.
Resuming his testimony on Wednesday afternoon, Padayachee spent much of the day defending the legal basis for his investigation into Mokwele’s appointment.
He maintained that affidavits before investigators pointed to a coordinated scheme to manipulate the recruitment process to unlawfully benefit a preferred candidate.
Evidence leader Mahlape Sello repeatedly challenged whether allegations contained in an affidavit by National Coloured Congress leader and MP Fadiel Adams were sufficient to justify a criminal investigation and subsequent corruption charges.
The questioning followed a brief interruption after Padayachee objected to documents in the commission’s record being circulated on social media.
Padayachee said the A1 statement, which forms part of the Mokwele investigation docket, had been widely shared online.
However, commission chairperson Justice Mbuyiseli Madlanga questioned the concern, noting that the documents had already entered the public domain through the commission’s proceedings.
After a short adjournment, the inquiry returned to the merits of Padayachee’s evidence.
Sello asked Padayachee to identify the specific conduct in Adams’ affidavit that constituted criminality.
Adams’ affidavit states that he received anonymous information in October 2024 alleging fraud and corruption within SAPS Crime Intelligence relating to Mokwele’s appointment.
The affidavit alleges that senior officers manipulated promotion and security vetting processes to favour Mokwele despite her allegedly lacking the required policing and management experience.
It names Crime Intelligence head Lieutenant-General Dumisani Khumalo, Major-General Philani Lushaba, Major-General Nosipho Madondo and Major-General Maperemisa Lekalakala as among those allegedly involved.
Padayachee said the allegations had to be considered collectively rather than in isolation.
“Paragraph 3 by itself looks like just an HR problem, but putting it together with paragraph 2 it becomes a criminal issue. The one allegation should not be seen in isolation but as part of a whole range of allegations. I’m not picking out one, but looking at several,” he said.
Sello continued to press Padayachee on what specific criminal conduct was disclosed in the affidavit.
Commissioner Sesi Baloyi also questioned whether the affidavit established evidence of “gratification” as required under the Prevention and Combating of Corrupt Activities Act (PRECCA).
Padayachee maintained that investigators believed officials had manipulated the recruitment process “to unduly benefit an outside person without experience”.
The commission also examined whether Mokwele’s appointment itself could constitute gratification under PRECCA.
Counsel referred to the Act’s definition of gratification, which includes employment or an agreement to provide employment.
Padayachee argued that the appointment itself constituted the benefit contemplated by the legislation.
He further alleged that the appointment formed part of a broader effort to gain control of Crime Intelligence.
“The act would be the capture of Crime Intelligence. Your supporters are placed in specific positions to manipulate tenders or give out information,” he said.
“The appointment of Mokwele was clearly, one, fraud, and two, manipulation.”
Commissioner Sandile Khumalo questioned Padayachee on the fact that the position had been advertised externally, allowing candidates from outside SAPS to apply.
Padayachee acknowledged that the post had been advertised externally.
Baloyi also challenged his assertion that the interview panel had effectively appointed Mokwele.
Padayachee responded that while the panel only made a recommendation, it had been selected and chaired by Khumalo.
“This panel recommended Mokwele to the National Commissioner, which eventually led to her appointment,” he said.
He added that the interview panel had been approved by SAPS’ national human resources division.
The commission adjourned for the day and is expected to resume on Thursday.
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