Referred to as: affidavit · Affidavit
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The affidavit prepared for General Khan regarding the Lushaba incident was unsigned, not part of the docket, and was obtained long after the fact, raising concerns about its timing and value.
“The affidavit was never signed off. It is not part of the docket ... Why was it not obtained three years ago? Why is it done after the fact?”
Despite queries raised about the Lushaba incident, Advocate Serunye was not referring investigators to General Khan to obtain an affidavit; General Khan later sent an affidavit that did not help and was never signed off.
“I am querying a number of issues , but nothing about referring them to General Khan . And in his response to me , he came to the affidavit to say some of your queries can be answered by this . But I read it at the time . It was not helping ... it was never signed off and does not form part of the docket .”
ADV Johnson clarified he had no prior knowledge of PKTT being a subject of inquiry by IDAC before seeing the affidavit on 6 January 2025, a discrepancy from being aware in the summons briefing.
“in the affidavit, yes. I had not seen that in the affidavit ... I had not seen that ...”
The affidavit that initiated the investigation and culminates in prosecution related to General Madondo's security clearance was commissioned by Mr Perumal and may contain questionable signatures possibly not belonging to Mr Adams.
“...the affidavit that initiates the investigation and culminates in the prosecution, correct? ... both the preamble statement and the affidavit, in respect of which it was suggested to Colonel Padayachee that there seems to be something wrong with the signatures there and that it looks like the signature that purports to be of Mr Adams may not be his. The affidavit is commissioned by Mr Perumal.”
The affidavit revealed only that a civilian was unduly benefited over employees within Crime Intelligence; this does not justify investigation for serious high profile or complex corruption or commercial or financial crimes.
“all that affidavit does is tell you that a civilian was unduly benefited over employees within Crime Intelligence. That is all it tells you.”
The affidavit in a docket had been tampered with, defeating the ends of justice.
“we first found that the affidavit had been tampered with. We found defeating the ends of justice”
There is a problem with the work process in investigations as the workflow is broken down into different investigations but the relevant team members may not have access to all the affidavits and information, leading to challenges in understanding and completing investigations.
“I still maintain that he would have shared this affidavit to give you insight into what the suspicions are and why you are having the investigations, otherwise, there is a team that is just flying blind.”
The affidavit was commissioned and dated 5 July 2026 and that is the official stamp of the Commissioner of Oaths.
“I notice the date of commissioning is 5 July 2026, according to the stamp ... It is dated and stamped by the Commissioner yesterday”