Andrea Johnson Concedes IDAC Overstepped Mandate as Madlanga Commission Cross-Examination Continues

In a pivotal session at the Madlanga Commission of Inquiry, former head of the Investigating Directorate Against Corruption, Advocate Andrea Johnson, admitted that the anti-corruption unit overstepped its statutory mandate during its high-profile investigation into SAPS Crime Intelligence.

The testimony follows Johnson’s resignation and immediate exit from office after President Cyril Ramaphosa waived her notice period, alongside the National Prosecuting Authority’s decision to drop fraud and corruption charges against former Crime Intelligence chief Lieutenant-General Dumisani Khumalo and several co-accused.

Key Concessions on Investigation Scope

Cross-examined by evidence leader Advocate Mahlape Sello SC, Johnson conceded that IDAC had expanded its probe into matters outside its legal scope, specifically regarding the appointment of Khumalo and administrative records linked to the Political Killings Task Team.

Evidence leader Sello pointed out that the originating Section 27 affidavit submitted by National Coloured Congress leader and MP Fadiel Adams contained no allegations concerning the appointment of Khumalo or the task team. Despite this, Johnson signed off on a sweeping summons in April 2025 targeting internal promotion and appointment records.

When pressed on how compulsory process was authorised for subjects outside the initial complaint, Johnson initially stated that she relied entirely on briefings from chief investigator Dylan Perumal and her team. She maintained that at the time of signing, she had no reason to doubt the authenticity or necessity of the investigative steps.

Questions Over Uninvestigated Allegations

The commission also raised sharp questions regarding missing priorities in the focus of IDAC. Commissioner Sesi Baloyi SC highlighted that while IDAC pursued intrusive inquiries into unmentioned operational details, major allegations contained within the sworn statement of Adams were seemingly left unexamined, such as the alleged unlawful diversion of SAPS Crime Intelligence secret service funds to former Police Minister Bheki Cele.

Johnson testified that she was not sure how far the investigation team had gone or what they would have done, explaining that she did not interrogate every leg of an investigation personally, but rather relied on periodic updates from lead investigators.

Context and Legal Fallout

The multi-day appearance of Johnson before the Madlanga Commission has exposed significant procedural vulnerabilities within the early operations of IDAC:

* Authorization Sequence: Evidence revealed that investigative work, including subpoenaing documents and gathering witness statements, had been conducted prior to obtaining formal legal authority under Section 28 of the NPA Act.

* Retracted Statements: Johnson previously withdrew and apologized for describing the appointment of a senior officer as token after acknowledging she had not reviewed the underlying CV or qualifications.

* Case Dismissals: Following her testimony, the NPA formally withdrew charges against Khumalo and six other Crime Intelligence officials regarding the appointment of Brigadier Dineo Mokwele.

Proceedings at the Madlanga Commission of Inquiry continue in Pretoria as the commission examines potential power abuses, political interference, and operational failures within law enforcement agencies.