National Prosecuting Authority (NPA) National Director of Public Prosecutions Advocate Andy Mothibi has withdrawn corruption charges against Crime Intelligence head Lieutenant-General Dumisani Khumalo and several senior officers after reviewing the case.
The decision effectively brings the Investigating Directorate Against Corruption’s (Idac) prosecution to an end, although the matter must still be formally struck from the court roll.
NPA spokesperson Kaizer Kganyago confirmed on Monday that Mothibi had authorised the withdrawal after completing his review of the case.
“The NDPP said he was going to review those cases; that process has happened, and he has signed the withdrawal of that matter, but it still has to go through the processes of court so that it is formally withdrawn,” Kganyago said.
Those facing prosecution included Khumalo, Crime Intelligence chief financial officer Major-General Philani Lushaba, intelligence analysis and coordination head Major-General Nosipho Madondo, Gauteng Crime Intelligence chief Major-General Josias Lekalakala, Major-General Zwelithini Gabela and Brigadier Phindile Ncube.
The officials had been accused of corruption in connection with the appointment of former BMW engineer Brigadier Dineo Mokwele.
Idac alleged that Mokwele was an “unqualified civilian” who had been improperly appointed to a position within Crime Intelligence.
However, evidence presented before the Madlanga Commission indicated that Mokwele possessed the necessary engineering qualifications and relevant experience required for the post.
With the prosecution now withdrawn, Idac would need compelling new evidence before it could reinstate the case.
Kganyago said the decision was based on the evidence currently available to the National Director of Public Prosecutions.
The development comes as the Madlanga Commission continues to hear evidence exposing serious flaws in the investigation.
Evidence leader Mahlape Sello told the commission that two Idac officials are expected to challenge the authenticity of key witness statements relied upon in the case.
Investigator Mantsha Raphesu and prosecutor Advocate Ramsamy are expected to testify that supplementary statements attributed to National Coloured Congress MP Fadiel Adams and submitted by Idac chief investigator Dylan Perumal may not have been legitimately obtained.
Adams is the complainant whose allegations formed the basis of the corruption case against Khumalo and the other senior officers.
“The testimony that we will hear is that the two investigators and prosecutor Ramsamy went to Cape Town and on January 6, 2025, obtained statements from Mr Adams. And that the statements we have worked through, commissioned by Mr Perumal, are post-fact fabrication,” Sello told the commission.
Sello said both Raphesu and Ramsamy reject the validity of the statements attributed to Perumal and insist that only the statements commissioned by Raphesu were taken on 6 January 2025.
A voice note played before the commission captured Raphesu expressing doubts about one of Adams’ affidavits.
“There was no way that Dylan would have obtained that affidavit that day,” Raphesu said.
“I think it was signed on a different day, which I do not know. I was questioning that signature of Fadiel. It looks like someone was trying to jika (alter) it, but I am not an expert. But it looks like it.”
Ramsamy also disputed Perumal’s version of events.
He told the commission that only four statements were taken while he was present and denied that the A1 affidavit was obtained on 6 January 2025.
Outgoing Idac head Advocate Andrea Johnson acknowledged that the conflicting accounts raised serious concerns about the integrity of the investigation.
She said Perumal would have to explain how the disputed statements came into existence and whether he had acted independently of his colleagues.
“It puts us in a conundrum where three people are saying they were together. It is something that has to be dealt with. What we cannot have; it seems like it’s parallel investigations, and we cannot have that,” Johnson said.
The commission also heard that Perumal had recently been hospitalised and was unable to indicate when he would be fit to testify.
Johnson appeared before the commission only hours after President Cyril Ramaphosa accepted her request to resign with immediate effect as head of Idac.
Her departure comes as the directorate faces growing criticism over its handling of investigations involving Crime Intelligence.
The probe has also deepened tensions between Johnson and KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi.
Mkhwanazi has previously alleged that the case against Khumalo was intended to derail investigations being conducted by the Political Killings Task Team.
The commission also heard evidence that two different versions of Adams’ original affidavit exist.
One affidavit, submitted by Johnson, contains no reference to the Political Killings Task Team.
A separate version in the possession of the prosecution does refer to the task team.
Johnson maintained that Idac’s investigation was unrelated to the Political Killings Task Team.
However, Sello told the commission that the second affidavit directly references the specialised police unit.
