Investigating Directorate Against Corruption (Idac) head Andrea Johnson faced questions about her ties to Kemi Behari on Wednesday after she listed the suspended Ekurhuleni metro head of legal services advocate as a reference in her application for the position of national director of public prosecutions (NDPP).
A seven-member panel, headed by justice and constitutional development minister Mmamoloko Kubayi, is interviewing candidates to replace the current head of the NPA, Shamila Batohi, whose term is due to conclude in January.
Behari was suspended earlier this month after allegations that he had protected embattled EMPD deputy chief Julius Mkhwanazi. Mkhwanazi is accused of authorising the fitment of blue lights — normally reserved for official law enforcement vehicles — on vehicles belonging to attempted murder accused Vusimuzi “Cat” Matlala.
Johnson said she had listed Behari as a reference before his suspension earlier this month. “I have known him [Behari] for over 35 years. It is not somebody I engage with every day; it is someone I have known for a very long time,” she said.
Johnson said she had not recalled the CV and changed references because she had nothing to hide.
“The documents had already been submitted. I chose not to change it. I knew that if any issues arose, I must answer the issue. Changing it and resending it [would] look like I have something to hide,” she said.
Johnson said she called Behari after his suspension to tell him she could no longer communicate with him until his case was resolved.
“I did tell him I have to remove him [as a reference], and he also agreed that, given the allegations made, we will not be able to talk at all until his issues are resolved.”
But Kubayi noted errors on Johnson’s CV and asked her whether she was a person who pays attention to detail because the role she applied for required that skill.
Johnson conceded she had not been careful in editing her CV, but said she paid attention to detail in her work.
She was asked about the handling of fraud charges against former Eskom CEO Matshela Koko, which were struck off the roll in November 2023 after unreasonable delays.
If we address those 10 or 12 police stations, we will be addressing 72% of crime in the Western Cape, but that is not something the NPA can do on its own. We need evidence and witnesses to prosecute successfully, but witnesses are scared to come forward.
— Nicolette Bell, Western Cape director of public prosecution
Johnson conceded the NPA’s prosecution rates on corruption cases — mainly handled by her unit — were a matter of concern, but she said the unit had changed how they deal with cases. She said they first finalise investigations and enrol matters in court.
The director of public prosecution in the Western Cape, advocate Nicolette Bell, and her deputy advocate Adrian Mopp, were also grilled by the panel over prosecution rates for murder and sexual offences in the province.
According to the NPA’s 2024/25 report, the Western Cape had a prosecution rate of 76.8% (504 of 656 cases) for murders and 68% for sexual offences, which Kubayi said was worse than other provinces.
According to SAPS crime statistics, murder rates increased by 9.1% in the three months to end-September compared with the same period a year earlier.
Bell said the province was having to deal with witnesses being assassinated, which has led to people being reluctant to testify.
She said 72% of crime in the Western Cape, including murder, occurred in areas that are the responsibility of 10 or 12 police stations.
“If we address those 10 or 12 police stations, we will be addressing 72% of crime in the Western Cape, but that is not something the NPA can do on its own. We need evidence and witnesses to prosecute successfully, but witnesses are scared to come forward.”
The interviews continue on Thursday.
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