NPA withdraws corruption case against Gen Khumalo and others

National Prosecuting Authority (NPA) head advocate Andy Mothibi has withdrawn the prosecution of police crime intelligence officials, including its head, Lt-Gen Dumisani Khumalo, after a review of the charges.

This means the Investigating Directorate Against Corruption (Idac) case, which led to clashes between top police officers and the directorate, has all but collapsed and will be withdrawn from the court roll.

“The NDPP said he was going to review those cases; that process has happened, and he has signed the withdrawal of that matter, but it still has to go through the processes of court so that it is formally withdrawn,” NPA spokesperson Kaizer Kganyago told Business Day on Monday.

Khumalo, together with police crime intelligence CFO Maj-Gen Philani Lushaba, intelligence analysis and co-ordination head Maj-Gen Nosipho Madondo, Gauteng intelligence head Maj-Gen Josias Lekalakala, Maj-Gen Zwelithini Gabela and Brig Phindile Ncube, were charged with corruption-related cases linked to the hiring of former BMW engineer Brig Dineo Mokwele.

The senior officials faced charges related to the hiring of Mokwele, whom the directorate described as an “unqualified civilian”. But evidence from the Madlanga commission showed Mokwele had the necessary academic qualifications for an engineering-related post in crime intelligence and the relevant experience.

The withdrawal of the case will force the directorate to provide substantial evidence supporting the charges to re-enrol the matter.

“For now, with the facts before him, the NDPP decided to withdraw the matter after the review process,” Kganyago added.

Meanwhile, the legitimacy of supplementary statements obtained by the directorate from MP Fadiel Adams on the controversial case have been disavowed by a prosecutor and investigator, the Madlanga commission heard on Monday.

Evidence leader Mahlape Sello told the commission that two witnesses from the directorate, investigator Mantsha Raphesu and a prosecutor (identified as advocate Ramsamy), will this week testify that a statement from Adams submitted by the directorate’s chief investigator, Dylan Perumal, could have been fabricated.

The testimony of the two officials effectively undermines the integrity of the criminal investigation against crime intelligence officials.

A National Coloured Congress MP, Adams is the main complainant in the case against Khumalo, accusing him of corruptly hiring Mokwele.

“The testimony that we will hear is that the two investigators and prosecutor Ramsamy went to Cape Town and on January 6 [2025] obtained statements from Mr Adams. And that the statements we have worked through, commissioned by Mr Perumal are post-fact fabrication,” Sello said.

“Both witnesses [Ramsamy and Raphesu] disavow the validity of all these statements that on January 6 Mr Perumal did not commission any statement. That is the evidence we shall hear and that they were all commissioned by Mr Raphesu.”

On January 6 2025, Ramsay, Raphesu and Perumal obtained supplementary statements from Adams to substantiate his initial affidavit submitted to the directorate making allegations against Khumalo and other top intelligence officers.

The commission has two sets of statements — four commissioned by Raphesu and four which were commissioned Perumal. The statements were taken on the same day — January 6, 2025.

Ramsamy and Raphesu told the commission Perumal might have obtained further statements from Adams alone but it would have not been possible on January 6 2025.

“There was no way that Dylan would have obtained that affidavit that day,” Raphesu says in a voice note played at the commission.

“I think it was signed on a different day, which I do not know. I was questioning that signature of Fadiel. It looks like someone was trying to jika (alter) it, but I am not an expert. But it looks like it.”

The prosecutor in the case, Ramsamy, concurred with Raphesu that Perumal could not have taken the statements from Adams on January 6, 2025.

“Why would two investigating officers sitting in the same boardroom have taken two different statements on the same day. I can confirm in my presence, there were only four statements taken. The A1 [affidavit] was not taken in my presence and it could have not been taken on January 6 2025.”

Outgoing Idac head advocate Andrea Johnson conceded the contradictions from the team raise questions about the legality and credibility of the investigation.

She said Perumal had to explain what happened and whether he obtained the statements on his own, without his colleagues.

“It puts us in a conundrum where three people are saying they were together. It is something that has to be dealt with. What we cannot have; it seems like it’s parallel investigations, and we cannot have that,” Johnson said.

The contradictions from internally serve as yet another blow to the directorate facing allegations of acting outside its mandate in the investigation against police crime intelligence management.

NPA legal representative advocate Apla Bodlani told the commission Perumal was recently hospitalised and could not confirm to the commission when he would be able to testify.

Johnson testified at the commission hours after President Cyril Ramaphosa on Monday accepted her request to be allowed to resign immediately from her top position.

She made the request as the directorate faced scrutiny over its investigations against crime intelligence.

The investigations have resulted in “bad blood” between Johnson and KwaZulu-Natal provincial commissioner Lt-Gen Nhlanhla Mkhwanazi.

Mkhwanazi previously testified that the corruption investigation against Khumalo was a move to delay serious organised crime investigations by the political killings task team (PKTT).

Another issue before the commission was that there were two different primary affidavits attributed to Adams. The one which Johnson supplied to the commission made no reference to the KwaZulu-Natal political killings team while the one which the prosecutor had did.

Johnson, in her evidence-in-chief, said the directorate’s investigations had nothing to do with the political killings task team.

Sello, however, said Adams’ affidavit (a second one) made reference to the team.

Business Day