Independent security expert Dr Mxolisi Mathebula says Wednesday’s testimony before the Madlanga Commission of Inquiry could undermine public confidence in the Investigative Directorate Against Corruption (IDAC).
IDAC head Advocate Andrea Johnson appeared before the commission, where she responded to questions regarding the investigation that led to the arrest of Crime Intelligence head Dumisani Khumalo and six others.
During her testimony, Johnson faced criticism for allegedly applying the incorrect legal test when assessing a Section 27 referral, which subsequently led to the investigation of Khumalo and the other accused.
Mathebula says, “Whatever suspicion comes before them, they were supposed to sit down and scrutinise. Advocate Ramsamy was supposed to scrutinise, and we are told that there’s a team that will converge and deliberate on these issues and get to an understanding and the application of the law. You cannot, without satisfying Section 27 and move to Section 28, subsection 13, approve an application for a criminal investigation. What are you going to investigate? So, those are the problems that we are seeing from these people. It seems like the comprehension of law is neither here nor there.”
Madlanga Commission | Adv Johnson’s application of law questioned:
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