NPA

Advocate Serunye engaged in High Court arguments referencing a Bloemfontein case where an official of the NPA committed fraud and was barred from entering NPA offices as a bail condition.

“I engaged. The High Court judge took me to cases. I tried arguing for my case. I did not get their first thing conceded. I tried and I said, this is what the law says, this is what the Magistrate said, and these are case laws where I even referred the High Court to a case in Bloemfontein where an official of the NPA committed fraud against the NPA or the DPP's office, and one of the conditions thereby the Magistrate's Court was that he is barred from entering the NPA offices in the Free State.”

When one defied Advocate Johnson's instruction, there was a regime of wrath leading to emotional stress and counseling among IDAC staff, with many employees affected.

“If you defy an instruction of Advocate Johnson, or you contradict her, the regime or the wrath, if you have to – may I speak about – if you have to go and check the records at the wellness programme that NPA provides for its employees with regards to just work stress, home stress, you know, counselling, you will be shocked at the amount of prosecutors and employees, admin staff from IDAC that are receiving counselling.”

Advocate Johnson with Advocate Mhaga from the NPA called Mr Sesoko to engage and attempt to retrieve the requested documents related to the secret fund siphoning by Minister Bheki Cele.

“And what I did together with Advocate Mhaga from the NPA, we did call Mr Sesoko... I told him what the Commission is looking for... he undertook to engage them, find it if he can, and will then liaise directly with Mr Mhaga”

IDAC has the power of investigation and prosecution under section 20 and 22, with power to institute and conduct criminal proceedings and certain separate authorizations for summonses.

“I D A h a s g o t b o t h p o w e r s . Power of investigation and power of prosecution. ... which relates to criminal proceedings, which is the prosecutorial part of the NPA.”

There are established working relationships and specific agreements among agencies such as SARS, NPA and SIU to manage investigations and operations.

“There is even, for example, a tripartite between SARS, the NPA, and I think the SIU.”

In the wake of Ms Johnson's departure, Mr Mthunzi Mhaga of the NPA has undertaken to follow up on outstanding documents relevant to the inquiry in keeping with protocols within IDAC and NPA.

“Now in the wake of Ms Johnson's departure from office, he has undertaken to follow up on these documents in keeping with the relevant protocols within IDAC and the NPA.”

The Asset Forfeiture Unit is routinely notified of investigations and makes an assessment at the end of the investigation whether a recovery is possible either civilly or criminally.

“every investigation you alert the AFU that you are conducting that investigation ... they will make an assessment at the end ... many matters ... there is not a recovery to be made either in terms of the civil and or the criminal recovery ... but it is practice ... we do refer matters to Asset Forfeiture ... to determine proceeds of crime or instruments of criminality”

The Section 27 referral affidavit is considered an internal confidential document similar to memos in the NPA and IDAC, thus not publicly disclosed.

“You say to the AdHoc Committee it is a confidential document similar to how we have memos in the NPA and not just IDAC. So, you are describing an internal ...”

Advocate Johnson approached the National Director in June 2025 to request removal from oversight of the investigation matters due to their being a distraction that is not in the public interest or interest of justice.

“On the 19th of June, I approached the National Director and I did ask ... it might be best for the interests of IDAC and the NPA that I be removed from the oversight of these matters.”

The allegations docket is now with the NPA for a decision on whether ADV Johnson should be prosecuted; this was confirmed by the NPA on 10 July 2026 and by witness McClean.

“The allegations are contained in a docket , which is now with the NPA for a decision on whether I should or not be prosecuted and further handling . This was so confirmed by the NPA on the 10th of July 2026 , as well as by the witness McClean when he testified .”

Confirmation by NPA of the docket being with them for decision was communicated to Mr Mhaga and was supposed to be obtained from Advocate Bell for counsel.

“This NPA confirmation , is it in writing , and to whom was that confirmed ? ... Mr Mhaga ... We were supposed to get that confirmation for you from Advocate Bell .”

The witness confirms that allegations against them are already before the NPA for a prosecutorial decision, asserting constitutional and statutory rights against self-incrimination.

“confirms that the allegations against me are already before the NPA for a prosecutorial decision , asserts my constitutional and statutory right against self-incrimination”

Lieutenant-General Khumalo's arrest and co-accused preceded a death threat received directly on the cell phone of an NPA prosecutor involved in the investigations.

“I received a death threat directly on my cell phone. I read: “Mrs IDAC, you and your guy Chabalala, Perumal, Padayachee, and Belochana have went too far. You are going to wish you did not … with us, get body bags ready.” In my long career as a prosecutor, this is the first time that I received a death threat.”

The death threat led to the involvement of the Risk and Security Division of the NPA, though tracing the source was hindered by the use of a burner phone without a registered SIM card.

“The matter was escalated to the Risk and security Division of the NPA. They did follow up on that message. It was one of those phones that did not have a registered SIM card, so it sent a message and you could not then go ahead and trace the user of the telephone.”

The subpoena served on 4 July 2026 required appearance to give evidence on issues arising from Lieutenant-General Nhlanhla Mkhwanazi's testimony on political interference and criminal syndicates in SAPS and related bodies.

“On 4 July 2026, I was served with a subpoena in terms of section 32 of the Commission's Act 8 of 1947, requiring me to appear personally before the Commission on Monday 3 July 2026 to give evidence and to be questioned about ... matters arising from the evidence of Lieutenant-General Nhlanhla Mkhwanazi before the Commission ... Political interference ... criminal syndicates... SAPS...NPA...Crime Intelligence...IPID ...”

All allegations against Advocate Johnson were made by Colonel Kobus Roelofse, Captain McClean, and Witness O, implicating him in alleged criminal conduct, and the matter is now with the NPA for decision on prosecution.

“The allegations, as summarised, implicate me in alleged criminal conduct. The allegations are contained in a docket which is now with the NPA for a decision on whether I should or not be prosecuted”

The subpoena served on 4 July 2026 required testimony about allegations including IDAC operating outside its mandate, pursuing politically motivated criminal cases, and interference in criminal investigations and prosecutions.

“On 4 July 2026, I was served with a subpoena in terms of section 32 of the Commission's Act 8 of 1947, requiring me to appear personally before the Commission on Monday 3 July 2026 to give evidence and to be questioned about... matters arising from the evidence of Lieutenant-General Nhlanhla Mkhwanazi ... Whether criminal syndicates, organised criminal groups, politically connected persons, or other unlawful actors have infiltrated... SAPS, NPA, Directorate for Priority Crime Investigation, Crime Intelligence, IPID... The factual and evidentiary basis for any allegations attributed to me...”

The investigation and prosecution of Lieutenant-General Dumisani Khumalo and other officials at Crime Intelligence have at all times been dealt with through ordinary prosecutorial processes within IDAC and NPA, and the matter is presently before a court of law.

“The investigation and prosecution have at all material times been dealt with through ordinary prosecutorial processes applicable within IDAC and the NPA. The matter is presently before a court of law.”

The death threat was escalated to the Risk and Security Division of the NPA who followed up, but the threatening telephone could not be traced as it used an unregistered SIM card, a so-called ‘burner phone’.

“The matter was escalated to the Risk and Security Division of the NPA. They did follow up on that message. It was one of those phones that did not have a registered SIM card, so it sent a message and you could not then go ahead and trace the user of the telephone.”

IDAC was previously located within the NPA and became a permanent unit within the NPA as a result of the NPA Amendment Act, with Colonel Padayachee appointed to a position by President Cyril Matamela Ramaphosa on 1 March 2022.

“The ID, as a result of the NPA Amendment Act, became the Investigating Directorate Against Corruption , a permanent unit within the NPA . I was appointed to a position referred to above by the President Cyril Matamela Ramaphosa on 1 March 2022.”

Advocate Andrea Johnson is not available to testify today due to serious health-related issues and is being attended to by a doctor.

“Advocate Andrea Johnson ... is not able to be with us ... She had some serious health-related issues that I am not able to disclose in public and that she is being attended to”

The sharing of the whistleblower’s statement between DPCI, NPA and Advocate Johnson was done legitimately, at the request of General Lebeya to assist with the investigation.

“I do not, we do not have an issue because we requested, the reason we gave that copy of the statement to General Lebeya is to request a prosecutor from the NPA to assist us, to guide us in the investigation and also to get our Section 205 authorised because otherwise we could not get anything done.”

According to SAPS records, on 15 December 2021, the NPA informed the investigating officer that it would not prosecute the assault and intimidation case against General Khan, and on 13 January 2022, the docket was withdrawn.

“According to SAPS records , on 1 5 D e c e m b e r 2 0 2 1 , t h e N P A i n f o r m e d t h e i n v e s t i g a t i n g o f f i c e r t h a t i t w o u l d n o t p r o s e c u t e t h e a s s a u l t a n d i n t i m i d a t i o n c a s e a g a i n s t G e n e r a l K h a n a n d o n t h e 1 3 t h o f 1 0 J a n u a r y 2 0 2 2 , t h e d o c k e t h a s b e e n w i t h d r a w n .”

Captain McLean had ascertained that the NPA decided on 5 December 2021 not to prosecute the assault and intimidation docket, which was withdrawn from the CAS system on 13 January 2022.

“Captain McLean had also ascertained that the NPA decided on 5 December 2021 already not to prosecute the assault and intimidation docket , and the docket had been withdrawn from the CAS system on 13 January 2022 .”

The witness decided to approach National Head of the DPCI, Lieutenant General Lebeya, for assistance due to the circumstances he found himself in and informed him of the allegations contained in the Colonel's statement, requesting a senior prosecutor be assigned.

“I decided to approach the National Head of the DPCI, Lieutenant General Lebeya, for assistance, because of the circumstances that I found myself in. I met General Lebeya in the last week of August 022, but I do not recall the exact date. I informed him of the allegations contained in the Colonel 's statement and furnished him with a copy of the Colonel 's statement. I told General Lebeya that we needed the NPA to assign a senior prosecutor to the matter. I expected General Lebeya to request the NPA head, at the time, Advocate Shamila Batohi, for a senior prosecutor to be assigned to the case.”

After Colonel Roelofse retired, Captain McLean was unable to secure a suitable prosecutor for the case because they had to wait for Advocate Batohi to vacate her post before approaching the NPA for a prosecutor due to past events in 2022 involving Colonel Roelofse and Advocate Johnson's conduct.

“After Colonel Roelofse retired I was unable to secure a suitable prosecutor for the case to progress insofar as Advocate Johnson is concerned. ... Commissioner, I had to wait for Advocate Batohi to vacate her post before I could approach the NPA again for a prosecutor. Because of what happened to us in 2022 when Colonel Roelofse approached Advocate, agh General Lebeya to approach Advocate Batohi and subsequent to that, Colonel or Advocate Johnson, then spoke to our witnesses.”

A new NDPP was appointed at the NPA in May 2026, which was different from the situation in August 2022 when Advocate Batohi was still at the NPA.

“When you went to the NDPP in May this year, what was different to what happened in August 2022? There was a new NDPP appointed at the NPA. That was the difference. We did not have Advocate Batohi here anymore.”

No disciplinary action or prosecutor appointment occurred after the issues with Advocate Johnson and General Khan, despite expectations that action should have been taken.

“there was never a prosecutor appointed , and there was no disciplinary proceedings after that as well . I was not contacted by the NPA for disciplinary proceedings”

The request for the docket was confined to the Silverton Police Station's jurisdiction and there was no normal reason for the person to want to get hold of the docket.

“I t w a s t h e S i l v e r t o n C A S ? ... S o t h e y w o u l d h a v e f a l l e n u n d e r t h a t j u r i s d i c t i o n ... s h e d o e s n o t h a v e a n y r e a s o n a s t o w h y s h e w a n t s t o g e t h o l d o f t h e d o c k e t .”

Advocate Andrea Johnson, Head of Organised Crime in the NPA at the time, could have called for the docket due to her position, though no normal reason was apparent for her request.

“she p r o b a b l y w o u l d h a v e b e e n a b l e t o c a l l f o r t h e d o c k e t i n h e r c a p a c i t y w i t h i n t h e N P A a n d I t h i n k s h e w a s H e a d o f O r g a n i s e d C r i m e a t t h e t i m e”

It is questioned what General Khan did with the information after receiving it and whether he referred it to relevant authorities like the city, Hawks, or NPA, as no action seems to have been taken while Ms Mashazi remained in her position until retirement last year.

“what did he do with the information ? Did he refer it to the city or to the Hawks or to the NPA ? ... it seems that nothing was done with it while she would not have remained in her position”

General Phiyega admitted she made a mistake and that her parliamentary statement about withdrawing charges was not correct; the NPA had decided to withdraw charges and she followed suit, indicating lying about the basis for the decision.

“General Phiyega’s conduct in the FUL response ... he said at Parliament was not correct. He made a mistake. What he actually meant was the NPA had decided to withdraw the charges and that is why he followed suit. The whole thing was a complete lie.”

Following the kidnapping investigation, two Mozambican nationals and a policeman were arrested but the NPA withdrew the case and lodged a complaint about the investigation handling.

“two Mozambican nationals and a policeman were arrested relating to kidnapping. One of the suspects was Mr Nangy. The NPA took the decision to withdraw the case against the suspect and lodged a complaint to the DPCI head office regarding the manner in which the investigation was handled.”

Brigadier Nyuswa was charged with misconduct for failing to manage the kidnapping case, leading to its withdrawal by the NPA.

“The misconduct was that we failed to manage the case. As a result, it was withdrawn by the NPA, because the NPA also wrote a letter, a complaint to the head office stating the reason why the matter was withdrawn.”

The case was recalled by the NPA and officers decided not to continue with prosecution due to lack of prospects for success.

“The case was recalled by NPA and the other remarks were made on 2024-11-20, that these officers decided not to continue with the prosecution in this matter, given the fact that there are no reasonable prospects of successful prosecution.”

The referral to the NPA for prosecution decision was signed by Assistant Director Maphosho and approved by Mr T Keefelakae.

“the referral is signed by you on page 159 and it is approved by one Mr T Keefelakae.”

In 2022, the matter was initially going to proceed to prosecution, but Advocate De Kock decided not to proceed with prosecution in 2024 after a response to General Kadwa explaining why the NPA decided not to prosecute.

“initially the matter was going to proceed and then the prosecutor decided not to proceed with the prosecution...And this was a decision taken by Advocate De Kock... No, my apologies, 2024... it was a response to General Kadwa providing reasons why the NPA had decided not to prosecute”

The intelligence collection and operationalising process requires registration of enquiries, engagement with pre-project and full-blown project phases, and the involvement of multiple offices including DPCI, NPA, Asset Forfeiture, surveillance and other SAPS units.

“The process is that, as I have explained, which runs from enquiry to pre-project, then to a full-blown project... You will have to have your operational team, which will include DPCI, which will include NPA, and which will also include other offices like your Asset Forfeiture, and other relevant units within SAPS, your surveillance and everything.”

There are specialised prosecutors within the NPA environment dealing with specific crimes such as fraud, and there are even special fraud courts.

“you have specialised prosecutors dealing with, for example, fraud, and there is even special fraud courts”

Without the docket, the court will not prosecute the wanted arrested suspect without the warrant of arrest attached to the docket.

“the court will not prosecute the wanted , this arrested suspect without the docket”

Commissioner Mkhwanazi confirms the existence of a memorandum of understanding that authorizes EMPD operational actions, including joint operations with the National Prosecuting Authority (NPA) for national operations and exhumations linked to apartheid era killings.

“We have got a memorandum of understanding...we are not just limited to, and some members are coming into be part of that team... there is a memorandum of agreement between the City and NPA.”

There was a thorough promotion process for Lt-Gen Shibiri to take the acting Component Head position involving a shortlist, tests, verbal interviews, chaired by General Sibiya and including Divisional and Provincial Commissioners and a delegation from NPA.

“For you to be promoted, there is a shortlisting... there is candidates... test and verbal interview... He was the Chairperson... with the Divisional Commissioner, Crime Detection and Provincial Commissioner of Western Cape, General Patekile... Also delegation from NPA”