Andrea Johnson concedes legal errors in explosive Madlanga Commission testimony
A string of key admissions by Investigating Directorate Against Corruption (IDAC) head Advocate Andrea Johnson dominated proceedings with her testimony exposing flaws in the process that led to the investigation of Crime Intelligence head Lieutenant General Dumisani Khumalo.
In her testimony at the Madlanga Commission on Wednesday, Johnson conceded that IDAC had no legal mandate to investigate Khumalo based on the information initially before it.
She also admitted that she incorrectly applied a subjective test rather than the objective “reasonable person” standard when assessing the Section 27 affidavit submitted by MP Fadiel Adams, describing the mistake as an honest error.
Johnson further acknowledged that IDAC was not authorised to solicit complaints from the public.
However, the commission heard that the unit effectively obtained Adams’ Section 27 affidavit, which later became the statutory referral relied upon to justify the investigation.
She also accepted that the affidavit was prepared only after Police Minister Senzo Mchunu sent a letter that contained no supporting documents and was incapable, on its own, of triggering a lawful IDAC investigation.
Another major concession came when Johnson admitted that neither Mchunu’s letter nor Adams’ original complaint established a valid legal basis for the investigation.
When questioned about documents that could demonstrate IDAC’s authority to proceed, she said she could not recall key records.
Commission chair Judge Mbuyiseli Madlanga also questioned why Johnson failed to advise the minister that IDAC could not act without a valid statutory referral.
Johnson did not provide a direct explanation, saying she was still trying to locate missing correspondence.
Her testimony was adjourned after she reported suffering side effects from medication and is expected to resume before the commission on Thursday.
IOL
