Johnson invokes right against self-incrimination in Khan docket matter

Investigating Directorate Against Corruption (Idac) head Andrea Johnson has invoked her right not to be compelled to give self-incriminating evidence before the Madlanga commission of inquiry.

Johnson invoked the constitutional right in relation to allegations that she disclosed a criminal docket to crime intelligence operational support boss Maj-Gen Feroz Khan in a matter in which he was under investigation.

“The allegations are contained in a docket that is now with the NPA for a decision on whether I should be prosecuted and for further handling,” Johnson told the commission on Tuesday.

Johnson took to the witness box for the first time at the Madlanga commission to answer allegations of improper conduct. In 2018, she allegedly shared a docket of an assault case that was opened against Khan.

“Now that the matter is before the NPA, for a decision on whether I should, or not, be prosecuted, various consequences emerge. One of those consequences is the need for me to have my rights protected,” she said.

She based the protection of her rights also on the Commissions Act, which entitles her as a witness not to give self-incriminating evidence. “I hold the view that the commission’s fact-finding mandate does not override my constitutional protection against self-incrimination under any circumstances.”

Johnson, however, told the commission the invocation of the right was not a blanket ban on answering questions about the matter. It was limited only to not answering questions that could be incriminating.

Retired Hawks Col Kobus Roelofse, who investigated the case, told the commission the sharing of the docket details happened before a warning statement was taken from Khan. Roelofse said he regarded the sharing of the docket and the timing of it as improper conduct.

Johnson testified she knew Khan personally but in 2024 she decided to limit her communication with him after media reports alleged a link to the murders of insolvency specialist Cloete Murray and his son Thomas.

“In late 2024, media reports emerged concerning Gen Khan’s alleged involvement with persons allegedly linked to the Murray murders. Those reports concerned me because I had previously met with one of the Murray sons, who wanted to know whether Idac could assist with the investigation. I informed him that Idac could not assist but explained how he could escalate his concerns about the investigation to South African Police Service [SAPS] management,” she said.

She denied the allegation that she was part of a “Khan-Idac” cabal and the allegation that the directorate was used by top cops in factional battles within the SAPS.

WATCH | Idac head Andrea Johnson at the Madlanga commission:

The directorate’s decision to charge police crime intelligence head Lt-Gen Dumisani Khumalo with corruption has been a significant part of Johnson’s testimony. She pushed back against the allegation that the controversial arrest of Khumalo, after a complaint from MP Fadiel Adams, was politically influenced.

KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi previously testified that the corruption investigation against Khumalo was a move to delay serious organised crime investigations.

Johnson told the commission the case was not “pursued for any political purpose, at the instance of any political actor, or to advance any form of political interference within SAPS”.

Khumalo was charged with corruption in 2025 related to the SAPS crime intelligence unit’s employment of an “unqualified civilian”, Brig Dineo Mokwele, in a senior post.

“I would be remiss if I did not dismiss the suggestion that Lt-Gen Khumalo was arrested because he was the co-ordinator of the political killings task team. This suggestion is anything but true. It is as false as it is unfortunate,” Johnson told the inquiry.

The commission’s public hearing continues. Business Day