Parly ad hoc committee considers criminal charge against Andrea Johnson

Parliament’s ad hoc committee is expected to decide on Thursday how to proceed against former Investigating Directorate Against Corruption (Idac) boss Andrea Johnson.

Chairperson Soviet Lekganyane told the Sunday Times that its final report and the testimony of all witnesses would be deliberated at the meeting, after which an announcement would be made.

Members of the MK Party serving on the committee have already indicated they intend to lay perjury charges against Johnson after it emerged she may have lied to parliament.

Johnson told the committee she was unaware that National Coloured Congress MP Fadiel Adams, who submitted a section 27 referral statement to Idac, the first step towards an investigation, had also filed a complaint with police minister Senzo Mchunu. However, her testimony before the Madlanga commission revealed that this claim was inaccurate.

The commission also heard evidence of discrepancies between the dates and information presented by Johnson to parliament and the version she later gave at the commission on the same matter.

Senior Idac investigator Mantsha Raphesu told the commission on Friday that Johnson submitted false documents while appearing before the parliamentary committee.

The request for the dockets was yet another matter that did not sit well with me

—  Idac advocate Drushatha Ramsamy

He claims that, instead of presenting Adams’ original report, which called on Idac to investigate alleged corruption in crime intelligence, Johnson submitted what he described as fabricated documents.

“When Andrea Johnson was presenting at ad hoc, there was a point where she indicated that the PKTT [political killings task team] was not part of the section 27 referral. I was shocked because in the section 27 that I saw, that information was there,” Raphesu said.

Johnson told the commission she had been required to prepare extensively for her appearance at the commission and that the information she had given to parliament reflected what she believed to be accurate at the time.

She now faces further questioning after Idac advocate Drushatha Ramsamy placed her at the centre of decisions that allegedly targeted crime intelligence head Lt-Gen Dumisani Khumalo and national police commissioner Gen Fannie Masemola.

Spokesperson for the commission, Jeremy Michaels, said the commission is considering whether to recall Johnson to testify and answer to the allegations made against her.

“The commission will again issue advocate Johnson with a rule 3 notice. The commission issues rule 3 notices to individuals who have been implicated in evidence before the commission and provides those individuals with the opportunity to place on record their response, under oath. This is in accordance with the commission’s duty to ensure procedural fairness and to conduct the inquiry in a fair and impartial manner,” Michaels said.

Ramsamy this week also submitted an audio recording of a conversation with Johnson, in which she suggested she avoid testifying before the Madlanga commission, describing it as a “sh*tshow”.

The recording, made during a phone call on July 22, captured Johnson saying: “We have to figure out a way for you not to go there.”

Johnson also criticised the commissioners, including chair judge Mbuyiseli Madlanga, for behaving unprofessionally and laughing among themselves while she was answering questions.

Throughout her testimony, Johnson portrayed herself as being removed from the investigation, insisting investigators and prosecutors had independently driven the controversial probe into Khumalo and Masemola.

However, Ramsamy disputed several aspects of Johnson’s evidence. She told the commission that her former boss and the chief investigator were central to key decisions taken during the investigation and that she had repeatedly raised concerns about the merits of the case.

Despite those concerns, Ramsamy testified that Johnson instructed her to proceed with the investigation after Brig Dineo Mokwele’s appointment at crime intelligence.

“I had concerns about other crime intelligence-related cases and matters involving the national commissioner, Gen Fannie Masemola,” Ramsamy told the commission.

Johnson had earlier told the commission that Ramsamy had independently applied her mind before recommending that the investigation proceed. Ramsamy rejected that version.

She said she had not independently decided to initiate the investigation but had merely drafted the required documentation demanded by Johnson, despite her reservations about the strength of the case.

Asked how investigators identified the bank to subpoena for crime intelligence officers’ statements, Ramsamy said Johnson provided the details on a handwritten pink note.

Ramsamy also challenged Johnson’s testimony on a letter requesting four police dockets from Maj-Gen Mbuso Khumalo.

Johnson told the commission Idac had requested the dockets from Khumalo. However, Ramsamy said WhatsApp messages from December 2024 showed Johnson instructing her to shred the letter before it was ever sent.

“The request for the dockets was yet another matter that did not sit well with me,” Ramsamy testified.

She added that Johnson’s testimony that the letter had been sent and that Maj-Gen Khumalo had responded was false.

“The letter was never sent to Maj-Gen Khumalo, and advocate Johnson knew that because she instructed me to shred it,” Ramsamy said.

Meanwhile, Idac investigators Dylan Perumal, Suneel Bellochun and Brian Padayachee have been suspended pending disciplinary proceedings, justice minister Mmamoloko Kubayi said on Thursday.

She announced a comprehensive review of the directorate, including lifestyle audits for all employees. An experienced investigator from the Special Investigating Unit would be seconded to the National Prosecuting Authority to conduct a full audit of all Idac cases.