Madlanga commission prompts audit; lifestyle checks for all Idac employees

Explosive revelations at the Madlanga inquiry have triggered a major shake-up of the Investigating Directorate Against Corruption (Idac).

Minister of justice and constitutional development Mmamoloko Kubayi and the national director of public prosecutions, Adv Andy Mothibi, have given Idac six months to get its house in order. Some of the interventions include skills and lifestyle audits of employees and review of Idac cases before courts.

They said these changes were necessary to bring dignity and accountability back to Idac.

The skills and lifestyle audits will be done on all Idac’s 212 employees and that process is expected to be concluded by August 14. Other immediate intervention include evaluating Idac cases that are currently before courts, said Kubayi.

“We have commenced with the process aimed at facilitating a comprehensive reset of Idac aimed at rebranding and repositioning the directorate to enhance its effectiveness, strengthen its institutional identity and ensure its long-term success in delivering on its mandate,” Kubayi said.

The reset comes after former Idac head Adv Andrea Johnson and some of the directorate’s investigators testified at the Madlanga commission of inquiry.

At the commission, evidence suggest that investigators and Johnson abused the institution’s powers to conduct investigations without legally sound grounds.

The commission also put it to Johnson that charges against suspended police commissioner Gen Fanie Masemola and crime intelligence head Lt-Gen Dumisani Khumalo were orchestrated to taint and embarrass them.

Johnson allegedly leaked a confidential criminal docket —including a witness statement, a J88 medical report, and an audio recording — to suspended deputy crime intelligence head Maj-Gen Feroz Khan. This information was linked to a 2018 assault and intimidation complaint against Khan. She also conceded to the commission that she had a close relationship with Khan.

Kubayi said some of the revelations were worrisome, especially for an institution that was merely 18 months old.

She said various processes are underway to rebuild public trust and confidence in Idac. These changes include the suspension of Dylan Perumal, Brian Padayachee and Suneel Bellochun.

She said a process to improve operational management of the directorate is underway, which include a review of standard operating procedures and related issues.

“All employees at Idac will undergo lifestyle audits as a matter of urgency. A skilled and experienced investigator is being appointed by the SIU to be seconded by the NPA to conduct a full audit of all cases,” Kubayi said.

She said there will be an evaluation of all cases to ensure the suspects are correctly charged.

Kubayi also poured cold water on the calls to disband Idac.

“We think that these calls are without foundation and cannot be supported. Those who are making these calls must disabuse themselves to reduce institutions to individuals, individuals in organisations come and go but institutions remain and we must defend and protect institutions because they are formed to serve societal needs rather than agendas of individuals.”

She also dismissed allegations that Idac was run on racial lines, and that Indian prosecutors and investigators were dominant at the directorate. She revealed that 50% of prosecutors and 81% of investigators were African.

Mothibi said the auditing of cases before Idac will have a measure of independence. He said they are going to ensure that they strengthen monitoring mechanisms.

Responding to how they are going to handle the issue of Johnson, Kubayi said the investigations of misconduct against Johnson will not stop.

“When a person resigns, there is nothing that you can do. You can’t force them to remain in the employment as that would be violating their rights,” she said, adding that if there is criminal activities then criminal procedures would follow.

Kubayi said the process of appointing an acting head of Idac is underway.

Sowetan