The South African Policing Union (SAPU) has called for senior officials at the Investigating Directorate Against Corruption (IDAC) to be held accountable following the withdrawal of fraud and corruption charges against Crime Intelligence head Lieutenant General Dumisani Khumalo and six co-accused.
Speaking to African Times on Tuesday, the union said the decision by National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi to withdraw the case vindicated concerns it had raised from the outset about what it described as premature arrests and an incomplete investigation.
Mothibi on Monday instructed that the charges against 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Major General Josias Lekalaka, Major General Zwelithini Gabela, Brigadier Phindile Ncube and Brigadier Dineo Mokwele be withdrawn.
The accused had faced fraud and corruption charges linked to the appointment of Mokwele to a senior position within Crime Intelligence.
According to the National Prosecuting Authority, the decision followed legal representations made by the accused as well as a memorandum submitted by IDAC. Mothibi said the investigation had not yet been finalised and directed that the matter be withdrawn pending the completion of the investigation.
SAPU welcomed the withdrawal of the charges, saying the decision confirmed that the investigation should have been completed before arrests were made.
“It is now clear that the investigation was incomplete, yet our members were arrested, humiliated and their integrity publicly questioned,” SAPU spokesperson Lesiba Thobakgale said.
SAPU questioned who would be held accountable for what it described as the damage caused to the reputations of the accused.
“Law enforcement agencies cannot be allowed to abuse their powers without consequence. Arresting people before completing proper investigations is not justice. It undermines justice and damages public confidence in our criminal justice system.”
The union said it supports efforts to combat corruption but warned that anti-corruption investigations must be conducted lawfully and professionally.
“SAPU therefore calls for heads to roll at IDAC. Those responsible for reckless, premature or procedurally improper decisions must be held accountable,” Thobakgale said.
This came a day after the withdrawal of the charges and follows recent testimony before the Madlanga Commission of Inquiry by former IDAC head Advocate Andrea Johnson.
During her evidence before the commission, Johnson made a number of concessions relating to the investigation into Mokwele’s appointment.
She acknowledged that Mokwele met the qualification requirements for the position, a significant departure from the State’s earlier case that questioned whether she was suitably qualified.
Johnson also apologised to Mokwele for previously referring to her qualification as a “token qualification”. She admitted that she had made the remark without having seen either Mokwele’s qualifications or the advertisement setting out the requirements for the post.
The concession followed evidence that Mokwele held qualifications that satisfied the requirements of the advertised position.
Johnson further acknowledged that aspects of the investigation could have been handled differently and accepted that mistakes had been made during the course of the inquiry.
Her testimony came after another witness, industrial engineer Professor Deon Visser, conceded before the commission that Mokwele had effectively been charged over what he described as a “future crime”.
Visser acknowledged that his analysis had been based on assumptions about what might happen after Mokwele’s appointment rather than evidence that a crime had already been committed.
Those concessions have become central to criticism of the investigation and have been cited by Khumalo’s legal team and SAPU as evidence that the arrests were made before investigators had gathered sufficient evidence.
Johnson’s appearance before the commission also came shortly after President Cyril Ramaphosa accepted her resignation as head of IDAC.
The commission continues to examine allegations relating to the conduct of law enforcement agencies, the investigation of corruption cases and claims of interference within the criminal justice system.
While the charges against Khumalo and the six co-accused have been withdrawn, the National Prosecuting Authority (NPA) has indicated that the investigation remains ongoing and that the withdrawal does not amount to an acquittal. Prosecutors have said further decisions will be taken once the investigation has been completed.
For now, SAPU insists that the withdrawal of the case raises serious questions about the handling of the investigation and believes those responsible for the decisions that led to the arrests should be held accountable.
