MATHATHA TSEDU | Madlanga commission was pain piled upon pain

Watching the Madlanga commission this week was doubly painful.

On a human level, seeing Andrea Johnson, head of the Investigating Directorate Against Corruption (Idac), make a fool of herself and retracting acres of her statements and decisions was difficult to bear.

Here was a lawyer, an advocate with 30-plus years of experience in prosecutions, biting her tongue as she vainly tried to explain the stitch-up that she, her team and friends had obviously concocted against the most senior members of police crime intelligence (CI).

And it could all have been successful if one Lt-Gen Nhlanhla Mkhwanazi had not defied gravity on July 6 last year and opened the scheme to public scrutiny.

This is where the second wave of pain comes in. It is a political pain. Having grown up and lived all my life as a Black Consciousness adherent and believing in the oneness of the black community in all its facets, the picture emerging through evidence each day became uncomfortable.

For on one side sat Johnson with Maj-Gen Feroz Khan, advocate Shamila Batohi, chief NPA investigator Dylan Perumal, and senior Idac investigators Brian Padayachee and Suneel Bellochun.

What is important here is that if this campaign had succeeded, the obvious beneficiary would have been Khan, who could have gone on to lead CI

On the receiving end were national crime intelligence head Lt-Gen Dumisani Khumalo; Maj-Gen Philani Lushaba (CFO at crime intelligence); Maj-Gen Nosipho Precious Madondo (component head of intelligence analysis and co-ordination); Maj-Gen Josias Lekalaka (Gauteng provincial head of crime intelligence); Maj-Gen Zwelithini Gabela (technical management services); Brig Phindile Ncube (section head: personnel security – vetting); and Brig Dineo Mokwele, whose appointment was used as the lynchpin for the attack.

The Idac charge sheet against these officers claimed that Mokwele was unqualified for the job and questioned why Khan in particular was not made a part of the interviewing panel. What is important here is that if this campaign had succeeded, the obvious beneficiary would have been Khan, who could have gone on to lead CI.

And this is the worrying political point: is it conceivable that the exercise that could have benefited Khan was done because of who he is? A person of Asian extraction, just as the rest of them seemingly are?

In simple terms, was this an ethnic group out to bat for one of “their” own? The reverse should also be explored. Was Mkhwanazi, in defending Khumalo, acting out of pure ethical concerns or fighting what he saw as a group attack on “his” people?

How else does one explain the irregular activities that Johnson admitted to under intense questioning by evidence leader Mahlape Sello and the three commissioners — the chair, judge Mbuyiseli Madlanga, and commissioners Sesi Baloyi and Sandile Khumalo?

Adams’s affidavit was itself vague and not enough to formulate the charges that Johnson signed off on, but that didn’t seem to be a bother then

From the moment her office received a complaint from then police minister Senzo Mchunu, it was downhill all the way. With Mchunu’s note not meeting the criteria of the NPA Act under which it was supposed to be dealt with, Idac solicited an affidavit from MP Fadiel Adams, which they then used to formulate charges against the police officers.

Adams’s affidavit was itself vague and not enough to formulate the charges that Johnson signed off on, but that didn’t seem to be a bother then. However, it was a huge problem on Thursday when, facing the commission, she had to admit the charges could not be sustained on the affidavit on which they were supposed to be based.

Where Adams had mentioned only three people, the charge sheet was expanded to at least seven, and Johnson was unable to explain to the commission where Idac got the other names.

It was an extremely painful process to watch, as at almost every crucial point Johnson was forced to roll back to a point where she not only withdrew allegations against Mokwele but even apologised to her.

As things stand now, the case against the police officers has virtually collapsed, as Johnson herself was at pains to state she has to go back to see if the charges can still stick.

And as commissioner Baloyi said, to what end in the first place? Why flout rules so badly? The departure of the CI hierarchy in one swell swoop would have seen Khan moving in.

It would be good to laugh at Johnson, but Idac is a crucial institution, and one expects that someone like her would show a level of commitment and ethical conduct in doing her job.

Both of which are clearly missing in the evidence so far. Can Johnson continue after this? What then happens to Idac? What happens to the charges against Khumalo et al? What happens to the fight against the corruption that is eating the soul of this country?

That is the tragedy of Johnson’s appalling testimony.