The Pretoria High Court has ruled that Lieutenant General Dumisani Khumalo and two senior colleagues in the South African Police Service Crime Intelligence Division may return to their workplaces, setting aside a key bail restriction that had barred them from entering any crime intelligence premises while awaiting trial.
Khumalo, who is the Divisional Commissioner for Crime Intelligence, Major General Nosipho Precious Madondo who is the Component Head of Intelligence Analysis and Coordination, and Major General Josias Maperemisa Lekalakala who is the Gauteng Provincial Head of Crime Intelligence, had been prohibited from entering intelligence facilities across the country. The restriction was imposed by Acting Chief Magistrate Vusumuzi Mahlangu during their initial bail proceedings in the Pretoria Magistrates Court.
On Friday, the High Court found that the magistrate erred in imposing the condition. According to the fifteen page judgment, the prohibition effectively operated as a suspension from their official duties even though none of the officials had been removed from their posts during the ongoing criminal proceedings.
The matter relates to the trio’s criminal prosecution alongside four co accused on several corruption related charges in the Pretoria Magistrates Court. The charges include two counts of contravening provisions of the Prevention and Combating of Corrupt Activities Act and one count of fraud, read with the Criminal Law Amendment Act.
The court heard that the Independent Directorate for Priority Crime Investigation had raised concerns about witness protection during earlier bail hearings. The High Court, however, found that no specific request had been made in those proceedings for the restriction that later barred the accused from intelligence premises. As a result, the court held that the condition was not properly grounded in the evidence presented at the bail stage.
Judge Raborife granted the order sought by the three applicants. The court also condoned the late filing of their notice of bail appeal. The state only opposed the portion of the application that sought to overturn the bail condition.
In the ruling, the judge stated that the appeal was upheld and that the bail condition imposed by Acting Chief Magistrate Mahlangu was set aside. The order permits the three senior officials to enter any crime intelligence premises in the country while their criminal trial remains pending.
The judgment was delivered electronically on 4 December 2025 through circulation to the parties and their legal representatives and by uploading the decision to the CaseLines system. The matter was argued on 3 December.
The case is formally cited as Samuel Dumisani Khumalo first applicant Nozipho Precious Madondo second applicant and Maperemisa Josias Lekalakala third applicant versus the State as respondent. Arguments for the applicants were presented by Advocate J Jorgensen instructed by Hlongwane Attorneys while Advocate P Serunye from the Office of the State Attorney appeared for the respondent.
The decision comes as suspended Police Minister Senzo Mchunu was appearing before the Madlanga Commission, where he was testifying about the reasons behind his decision to disband the Political Killing Task Team. Although not directly related to the bail appeal, the timing placed renewed focus on governance and oversight issues within the security cluster.
The Pretoria High Court ruling means the senior crime intelligence officials can resume full access to their work environments as they prepare for their defence in the ongoing trial. Their criminal proceedings remain before the Pretoria Magistrates Court, where the charges have not yet been finalised.
The court stressed that the relief granted was strictly limited to the bail condition and did not affect the substance of the charges. The case will continue in the lower court where the seven accused including the three generals face allegations under the Prevention and Combatting of Corrupt Activities Act and the Criminal Law Amendment Act.
Judge Raborife’s order concluded with the setting aside of the contested bail condition and the confirmation that the appeal was successful.
