Investigating Directorate Against Corruption (IDAC) senior investigator Mantsha Raphesu on Friday corroborated key aspects of prosecutor Drushantha Ramsamy’s testimony before the Madlanga Commission of Inquiry, telling the commission that a Section 28/13 summons relating to about R50 million was issued despite there being no complaint or allegation of wrongdoing.
During his evidence, Raphesu agreed with Commissioner Sesi Baloyi’s observation that using the summons process under those circumstances amounted to a misuse of Section 28/13.
Raphesu confirmed that no complaint had been lodged before the summons was issued.
His evidence formed part of the commission’s ongoing examination of the investigation into Crime Intelligence officials that resulted in the arrest of eight officers, including Lieutenant General Dumisani Khumalo.
Raphesu, who has worked on several high profile corruption investigations during his time at IDAC, confirmed that he was involved in both the Crime Intelligence investigation and the investigation involving Brigadier Dineo Mokwele.
“There are different groups at IDAC, so you’ll get the groups that are working on SOEs cases, you’ll get the security sector cases. So I was mainly involved in assisting in the Estina cases, the Denel, your Transnet cases, the PIC matters, matters that are emanating from the security sector,” he testified.
Much of Friday’s evidence supported testimony presented on Thursday by IDAC prosecutor Drushantha Ramsamy regarding Operation Diversion, the investigation into senior Crime Intelligence officials.
Commissioner Sandile Khumalo questioned Raphesu about disputed affidavits attributed to Member of Parliament Fadiel Adams.
Asked whether there had ever been an occasion when IDAC chief investigator Dylan Perumal was alone with Adams, Raphesu responded: “That never occurred.”
The commission has been examining conflicting accounts surrounding affidavits allegedly obtained from Adams.
Raphesu also testified that a presentation drafted by Perumal after a trip to Cape Town recorded that the investigation team obtained supplementary affidavits from a witness.
According to Raphesu, the presentation does not state that Perumal obtained any separate affidavits on his own. He maintained that the only affidavits secured during the trip were the supplementary statements obtained by the investigation team.
Evidence leader Advocate Thabang Pooe questioned Raphesu about the subpoena of Lieutenant General Lushaba’s bank records.
Raphesu testified that Ramsamy requested the bank records as part of the investigation and that Perumal instructed him to prepare the necessary documentation.
He said Ramsamy handed him a piece of paper containing information relating to Lushaba and that the only information he could identify was the general’s identity number.
Using that identity number, he prepared the subpoena because that was the instruction he had received. He said he did not independently source any of the information used in the application.
The commission also heard evidence about a Section 27 referral affidavit that Raphesu said Ramsamy showed him on 6 December 2024.
He testified that the manner in which the affidavit was handed to him created the impression that he was expected only to look at it briefly and was not intended to have ongoing access to the document.
Raphesu recalled that the affidavit contained allegations relating to the Political Killings Task Team, including accommodation costs, laundry expenses, properties allegedly acquired in KwaZulu-Natal and Gauteng using a slush fund, as well as references to investigations involving Sergeant Dumisani Khumalo and the late ANC councillor Sindiso Magaqa.
He further testified that he was shocked when former IDAC head Advocate Andrea Johnson later gave evidence before Parliament’s Ad Hoc Committee concerning the Section 27 referral affidavit.
According to Raphesu, the affidavit later presented to Parliament and to the Madlanga Commission was not the same document he saw on 6 December 2024.
The senior investigator also described events at an IDAC staff meeting held that day.
He testified that investigator Brian Padayachee, who was expected to be part of Project Diversion, was absent from the meeting after Perumal informed staff that he had already been briefed.
Raphesu said this raised concerns because all investigators assigned to the project were expected to receive the Section 27 referral simultaneously.
He also testified that investigator Suneel Bellochun appeared unhappy after not being appointed lead investigator and exchanged words with Perumal. Raphesu said the exchange suggested to him that Bellochun had prior knowledge of the investigation and had expected to lead it.
Commissioner Sandile Khumalo further suggested that Parliament be subpoenaed to provide photographs of office doors to determine whether classified Crime Intelligence documents could have been slipped underneath Fadiel Adams’ office door, as the MP has claimed.
On Thursday, Ramsamy testified that investigators attempted to obtain CCTV footage from the day Adams alleged the documents were delivered but were informed that there were no security cameras on the floor where his office was located.
Raphesu also testified that he requested to be removed from the Mokwele investigation because incidents occurred during the investigation with which he did not agree.
The Madlanga Commission continues to examine the conduct of IDAC officials, the handling of Crime Intelligence investigations and the events that culminated in the prosecution of senior police officials.
