The apparent “Madlanga sick bay” claimed another witness this week as the Investigating Directorate Against Corruption (Idac) came under intense scrutiny over its handling of the investigation that led to the arrest of Crime Intelligence head Lt-Gen Dumisani Khumalo.
The Madlanga commission also increased the pressure on errant North West businessman Suliman Carrim, ordering him to provide details of his movements and medical treatment as part of his application to postpone his testimony on medical grounds.
The businessman, who has not attended the commission for weeks due to alleged ill health, was spotted in a Western Cape mall.
Carrim’s postponement application, which was scheduled to be heard on Friday, was postponed after technical problems emerged.
Evidence leader advocate Matthew Chaskalson told the commission that Carrim’s application, including a request for an in-camera hearing, had only been accessed by the commission at about 3am on Friday.
Carrim wants his postponement to be held in camera, as it deals with his medical treatment and family movement, which may impact their safety.
The phrase ‘Madlanga sick bay’ has become synonymous with a growing list of last-minute medical postponements involving key witnesses
Proceedings got off to a rocky start this week when Idac head advocate Andrea Johnson became the latest casualty to be admitted to what has become known as the “Madlanga sick bay” after she was rushed to hospital by her security detail shortly before she was due to testify.
A frustrated commission chairperson, justice Mbuyiseli Madlanga, described the medical certificate submitted on Johnson’s behalf as “useless”, saying it provided virtually no meaningful information about her condition.
The phrase “Madlanga sick bay” has become synonymous with a growing list of last-minute medical postponements involving key witnesses.
Before Johnson’s no-show, Carrim, Crime Intelligence boss Maj-Gen Feroz Khan and Medicare24 chief executive Michael van Wyk had all failed to testify after submitting medical certificates.
Khan was admitted to hospital after being shot.
However, it emerged on Friday that Johnson had returned to work, while Khan had been discharged from Milpark Hospital after being admitted following an apparent assassination attempt.
Johnson had been scheduled to answer questions regarding Idac’s investigation and her association with Khan, as evidence of her allegedly leaking a complaint to the Crime Intelligence boss was presented to the commission over a week ago.
With Johnson absent, investigator Brian Padayachee spent several days under intense questioning as the commission examined Idac’s investigation into Khumalo and several senior Crime Intelligence officials.
At the centre of the criminal case is the appointment of Brig Dineo Mokwele, which formed the basis of the charges against Khumalo and the stringent bail conditions imposed on him
Padayachee struggled to explain why specific charges had been brought against Khumalo and his co-accused, while commissioners questioned whether the matter even fell within Idac’s legislative mandate.
Central to the commission’s inquiry was whether the investigation formed part of a broader agenda to remove Khumalo as head of Crime Intelligence.
Khan’s name again surfaced during proceedings when it emerged that he had submitted one of the witness statements relied upon during the investigation. Commissioners heard that portions of Khan’s affidavit closely resembled Padayachee’s affidavit, which had been used to secure the arrests of Khumalo and other senior police officers.
At the centre of the criminal case is the appointment of Brig Dineo Mokwele, which formed the basis of the charges against Khumalo and the stringent bail conditions imposed on him.
Evidence before the commission revealed that National Coloured Congress MP Fadiel Adams first approached the SAPS with allegations against Khumalo and several senior Crime Intelligence officers.
Padayachee had subsequently arrested Khumalo, Mokwele, Maj-Gen Nosipho Madondo, Maj-Gen Philani Lushaba and Gauteng Crime Intelligence head Maj-Gen Josia Lekalakala.
He testified that he never personally saw Adams’s referral but instead received instructions from chief investigator Dylan Perumal before taking over the investigation.
Evidence leader advocate Mahlape Sello criticised Padayachee over statements contained in his affidavit that led to the arrests of Mokwele and others, despite what Sello said was a lack of evidence supporting the charges.
At some stage, Padayachee said charging Mokwele was on the basis that she could commit a crime in future while occupying the position she was hired into at Crime Intelligence.
Padayachee struggled to point at Mokwele’s possible criminal offence from the facts at his disposal as he faces accusations of overreach and abuse of power
“You formulate a charge, get a warrant of arrest, get people arrested, appear in court and continue to do so on the basis of something you say, fairly so; you say, ‘We don’t know, maybe in future she is going to do that.’ How does that sound right?” asked commissioner Sisi Baloyi.
Padayachee struggled to point at Mokwele’s possible criminal offence from the facts at his disposal as he faces accusations of overreach and abuse of power.
The Idac investigator sought to distance himself from the charges, saying they were determined by a prosecutor after reading his affidavit.
During Padayachee’s evidence, Madlanga repeatedly questioned whether Idac had jurisdiction to investigate the complaint in terms of section 27 of the NPA Act.
The chairperson suggested that Adams’s allegations amounted to little more than unsubstantiated suspicions and questioned whether the statutory threshold for Idac’s involvement had ever been met.
Although Padayachee conceded that the section 27 threshold had not been satisfied, he maintained that Mokwele’s appointment could potentially have enabled manipulation of tenders.
On Wednesday Madlanga was also frustrated following an application to postpone the long-awaited testimony of alleged underworld figure Vusimusi “Cat” Matlala.
His attorney, Annelene van den Heever, sought a postponement after requesting access to records of engagements between Matlala and Idac relating to a failed plea agreement in the corruption case involving the multimillion-rand Medicare24 SAPS tender.
Matlala is now expected to testify before the commission in September, while Johnson is expected to appear in the coming week.
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