The National Director of Public Prosecutions (NDPP) has ordered the provisional withdrawal of criminal charges against Lieutenant General Dumisani Khumalo, Brigadier Dineo Mokwele and six other senior Crime Intelligence officers in a significant development that comes amid growing scrutiny of the Investigating Directorate Against Corruption (IDAC).
The decision, communicated to the legal representatives of the accused on Monday, means the charges have been withdrawn before plea in terms of section 6(a) of the Criminal Procedure Act.
Those affected are Lieutenant General Dumisani Khumalo, Major General Philani Lushaba, Major General Nosipho Precious Madondo, Major General Josias Lekalaka, Major General Zwelithini Gabela, Brigadier Phindile Ncube and Brigadier Dineo Mokwele.
The charges related to the alleged irregular employment of Brigadier Mokwele.
According to the NDPP’s letter, representations submitted on behalf of the accused were considered together with a memorandum from IDAC.
However, IDAC advised that its investigation remains incomplete and that further investigative steps are required before a proper prosecutorial decision can be made.
“In these circumstances, I have exercised the supervisory powers contemplated in section 179(5)(c) of the Constitution and have directed that the charges be withdrawn before plea in terms of section 6(a) of the Criminal Procedure Act 51 of 1977,” the NDPP said.
The letter further states that because the investigation has not yet been finalised and a complete evidential record is not available, it would be premature to determine the review requested under section 179(5)(d) of the Constitution.
Importantly, the NDPP directed that the matter cannot be re-enrolled and no fresh decision to prosecute may be taken without the NDPP’s express written approval.
Should IDAC complete its investigation and recommend criminal prosecution, the accused will first be given an opportunity to supplement their existing representations before any review is considered on the completed investigative record.
The case dates back to the arrests of the senior officers in mid 2025. Proceedings in the Pretoria Regional Court were postponed several times while the NDPP considered detailed representations submitted by the accused challenging the decision to prosecute.
The prosecution has since become a central issue before the Madlanga Commission of Inquiry, where former IDAC head Advocate Andrea Johnson has spent days defending decisions taken by her unit.
During her testimony, commissioners questioned the basis upon which the charges against Mokwele and the other officers were authorised.
Johnson acknowledged before the commission that key aspects of Brigadier Mokwele’s qualifications had not been properly verified before the decision was taken to institute criminal proceedings.
Last week, Johnson apologised and withdrew her earlier assertion that Mokwele’s appointment to Crime Intelligence had been a token appointment after evidence before the commission challenged that claim.
Her evidence has focused extensively on IDAC’s investigations into senior police officials and the processes followed before arrests and prosecutions were authorised.
The latest development comes hours after President Cyril Ramaphosa accepted Johnson’s resignation as head of IDAC.
The Presidency announced on Monday morning that Ramaphosa had accepted her request to step down in terms of section 12(8)(a) of the National Prosecuting Authority Act.
Johnson’s resignation took effect while she continued giving evidence before the Madlanga Commission.
The withdrawal of the charges does not amount to an acquittal.
Instead, the NDPP’s directive makes clear that the decision is based on the incomplete state of the investigation and the absence of a full evidential record.
Any future decision to prosecute will require the NDPP’s express written approval after the investigation has been completed and after the accused have been afforded an opportunity to make further representations.
