By Johnathan Paoli
A retired senior investigator with the Investigating Directorate Against Corruption (IDAC) has rejected allegations by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi that he lacked the qualifications for his position and improperly influenced investigations, describing the claims as “baseless” and unsupported by evidence.
Appearing before the Madlanga Commission of Inquiry on Tuesday, retired IDAC colonel Brian Padayachee responded to allegations made by Mkhwanazi during his July media briefing and subsequent testimony before the commission that he was unqualified for the post to which he was appointed.
“I’ve served the SAPS for 38 and a half years. I was headhunted and thereafter appointed as a senior investigator in October 2021 on contract by the former Investigating Director, Advocate Hermione Cronje,” Padayachee said.
He said his credentials included detective training, specialised investigative courses and decades of operational experience.
“Thus, I put it upfront that the allegations that I was appointed to a senior position within IDAC in circumstances where I had not the requisite skills, experience and qualifications is void, empty and bereft of a factual foundation. It is baseless,” he said.
Padayachee also outlined several major investigations he had worked on before joining IDAC, including the Inchanga massacre investigation, the Plessislaer Project Task Team, operations during the Richmond political violence, the arrest of a Cash Money Brothers gang member in the Western Cape and a high-profile kidnapping investigation.
He also disputed Mkhwanazi’s allegations that he had manipulated investigations or court proceedings, particularly those involving Crime Intelligence head Lieutenant-General Dumisani Khumalo and others in relation to the appointment of Brigadier Dineo Mokwele.
“I have taken the trouble to read the transcript of the evidence of Lt. Gen. Mkhwanazi. There is no foundation for his conclusion that I use and/or have used my position to influence and control investigative outcomes and court proceedings, in particular the criminal charges against Lt-Gen Khumalo and his co-accused as related to the employment of Brigadier Mokwele,” Padayachee said.
Padayachee also revealed that he had previously interacted directly with Mkhwanazi during another IDAC investigation, expressing surprise that the provincial commissioner had not disclosed those interactions in his evidence before the commission.
“I was surprised when Lieutenant General Mkhwanazi mentioned my name in his press briefing, and again during his testimony before this Commission. This is because I had had prior telephonic contact with him long before his press briefing,” he said.
“I am surprised that Lieutenant General Mkhwanazi did not inform the Commission at all about his interaction with me, the affidavit he submitted to me nor him trying to reach me telephonically a few days before the press briefing,” Padayachee added.
The hearing also examined the origins of the criminal investigation into Khumalo.
Padayachee testified that the matter did not originate within IDAC but was referred to the unit by Member of Parliament and National Coloured Congress leader Fadiel Adams.
He said investigations within IDAC followed established institutional processes rather than the decisions of individual investigators.
“When there’s a referral, an intake committee decides if the applicant falls within the mandate. A team is assigned to the case. A Deputy Director of Public Prosecutions then looks into the matter and decides whom to charge and whom not to charge,” he said.
Padayachee repeatedly rejected suggestions that the investigation into Khumalo had been politically motivated.
“There is no political interference in the Dumisani Khumalo matter and I have never received any calls. The investigations are prosecution-driven,” he said.
His supplementary affidavit also denied allegations that IDAC had been weaponised against senior Crime Intelligence officials.
“The IDAC operates strictly within its mandate. I deny these allegations. They are baseless and devoid of merit. The IDAC has sufficient evidence to sustain the charges in the criminal case against Lt General Dumisani Khumalo and other officials at Crime Intelligence… I deny as baseless any allegations of political interference or hidden agendas,” he said.
Padayachee also dismissed claims that he leaked investigation documents to suspended Gauteng Crime Intelligence deputy head Major-General Feroz Khan and denied the existence of a so-called “Khan-IDAC cabal”, saying that if such a cabal existed, he was not part of it.
Commissioners later turned their attention to Adams’ referral documentation, questioning discrepancies in the affidavit recorded by chief investigator Dylan Perumal.
Commission chair Mbuyiseli Madlanga highlighted inconsistencies relating to the commissioning of the affidavit, including the use of a Pretoria stamp on a document purportedly commissioned in Cape Town.
Commissioners also questioned signatures appearing on the statement.
Padayachee maintained that he had not taken Adams’ statement and said questions regarding the preparation and signing of the affidavit should be directed to Perumal, who recorded it.
The commission adjourned and proceedings were set to continue after lunch.
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