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Madlanga Commission Hears Testimony on Failed Prosecution of Crime Intelligence Generals

2 sources · South Africa

Who reported this

  • Daily Maverick South Africa · Centre-left · Reader-funded
  • Business Day South Africa · Centre-right · Arena Holdings (Lebashe Investment Group)

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The National Prosecuting Authority has withdrawn all fraud and corruption charges against Lieutenant General Dumisani Khumalo and six other senior Crime Intelligence officials after a commission of inquiry revealed the case was fundamentally flawed. Testifying before the Madlanga Commission, Deputy Director of Public Prosecutions Peter Serunye stated that the arrests were premature and that the prosecution was rushed to court before investigators had established the elements of corruption. The case centered on the appointment of Brigadier Dineo Mokwele, whom investigators alleged was unqualified, though evidence presented to the commission indicated she was qualified for the post.

Serunye testified that he warned former Investigating Directorate Against Corruption (Idac) head Andrea Johnson in writing that the corruption charges were not sustainable based on the available evidence. He further alleged that Johnson was not truthful when she told the commission that no lawyers had raised concerns about the case. Serunye described a chaotic scene during the initial court appearances, noting that the state had entrusted the bail hearing to a junior prosecutor and that essential administrative forms had not been completed before proceedings began.

Former Idac head Andrea Johnson resigned from her post last month while testifying about the collapsed case. The Madlanga Commission, established by President Cyril Ramaphosa to investigate a criminal syndicate infiltrating policing and politics, is currently working toward a final report deadline of November 16. The inquiry has faced significant challenges, including the killing of witness Marius van der Merwe and the shooting of suspended crime intelligence deputy head Major General Feroz Khan.

How each side framed it

Centre-left
Framed the event as a failure of state institutions and a 'capture' of the prosecution process through flawed investigations.
Centre-right
Framed the event within the broader, dangerous context of a race against time to dismantle a criminal syndicate.

Sources

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