By Anita Dangazele
- Public Interest South Africa wants IDAC head Andrea Johnson suspended, citing admissions she made under oath at the Madlanga Commission.
- Johnson admitted IDAC improperly asked a complainant to submit an affidavit it had no legal power to solicit.
Non-profit organisation Public Interest South Africa has asked the Legal Practice Council to investigate Investigating Directorate Against Corruption head Advocate Andrea Johnson’s conduct, and wants her suspended, citing a series of admissions she has made under oath at the Madlanga Commission.
Johnson conceded this week that IDAC improperly asked National Coloured Congress leader and MP Fadiel Adams to submit a Section 27 affidavit, even though the directorate has no legal authority to solicit complaints, it can only receive them. That affidavit formed part of IDAC’s investigation into the appointment of Brigadier Dineo Mokwele to Crime Intelligence.
The affidavit itself named only three officials for investigation. By the time IDAC sought formal authorisation to investigate, the list had grown to 12 names, with the additional names reportedly added by IDAC’s own investigator.
Commission chairperson Justice Mbuyiseli Madlanga criticised Johnson sharply over the legal test she applied in assessing the complaint, telling her, “Even a law student doing their first year would know that.”
Johnson also admitted that evidence she gave the commission contradicted earlier testimony to Parliament’s ad hoc committee, where she had said IDAC’s investigation into Crime Intelligence head Dumisani Khumalo did not arise from Adams’ complaint. She later confirmed to the commission that it did, and separately admitted her office had received correspondence from then-police minister Senzo Mchunu’s office about the matter weeks before Adams’ formal complaint was submitted, despite earlier saying she was not aware of it.
PISA has also raised concerns about separate allegations that protected disclosures in a criminal complaint against Crime Intelligence deputy head Feroz Khan were unlawfully disclosed, and has asked the State Security Agency to review Johnson’s security clearance.
This is the latest in a series of formal actions targeting Johnson.
The Office of the IDAC Oversight Judge recently confirmed it is handling separate complaints against her, and Justice Minister Mmamoloko Kubayi has reportedly been considering recommending her suspension to President Cyril Ramaphosa.
Pictured above:IDAC head Advocate Andrea Johnson appeared before the Madlanga commission this week.
Image source:Supplied
