National Director of Public Prosecutions

The Investigating Director reports to the National Director of Public Prosecutions and Parliament, including appearances when called.

“The Investigating Director in turn reports to the National Director of Public Prosecutions and also to Parliament as and when she is called.”

The National Director of Public Prosecutions (NDPP) has the authority to review prosecutorial decisions on matters such as the Lushaba and Mokwele cases, and cases with warrants of arrest for Generals Khumalo and Madondo.

“The NDPP has the right to review, or have to be reviewed the Lushaba matter, which is in court, the Mokwele matter, which is in court, and the matter for which warrants of arrest had already been obtained for Generals Khumalo and Madondo”

Investigations currently with the Independent Disciplinary Advisory Committee (IDAC) must be reviewed by Advocate Johnson, taking into account standing orders or national instructions regarding vetting.

“The investigations that are currently within IDAC, as I said, would have to now be relooked ... by myself, keeping in mind what was said during the engagements, especially the ones on the appointments. I might have to look as well, Commissioners, in detail, if there are, and I assume there would be, standing orders with regards to vetting, and make a determination on those matters and submit them through to the office of the NDPP.”

Advocate Johnson was divested of the power to be involved in matters involving General Khumalo and others by a request granted by the National Director of Public Prosecutions.

“she made a request to be divested and it was granted by the National Director of Public Prosecutions”

Advocate Johnson has found an email from the National Director of Public Prosecutions to himself stating that there is a review to be held and some representations have been dealt with by someone, and on that basis there was a request to be removed from the matter.

“I did find that email. I just have to make it available to Advocate Sello where the NDPP then adds bits to that email. And it is on that basis. There is the representations that have been dealt with by someone. The National Director in the email also says, Advocate Sello, that there is a review to be held. And so my having asked to be removed and being released...”

IDAC states it strictly operates within its mandate and considers matters referred arising from state capture and commissions such as the Justice Mpatia and Justice Nugent Commissions.

“8. The IDAC operates strictly within its mandate. That mandate is set out in section 7 (1) (A) of the NPA Act as amended. It also considers matters referred to it arising from the state capture, the Commissions that were colloquially known as the Justice Mpatia and Justice Nugent Commissions, and any other matter referred to it by the National Director of Public Prosecutions. IDAC has not dealt with matters outside its mandate.”

There exists a process for accused persons to make representations to prosecutors and the National Director of Public Prosecutions regarding prosecutions, and the current case against Lieutenant-General Dumisani Khumalo is undergoing that process.

“... accused persons can make representations based on what is disclosed to them in terms of the docket plus the charge sheet... those representations are first made through the prosecutors for the consideration either by DPP... if their representations are unsuccessful, they then have the further recourse to make representations to the Office of the National Director.”

The charges against Warrant Officer Magane and others were withdrawn in November 2022 after representations were made to the National Director of Public Prosecutions' office by their lawyers and advocates, specifically Advocate De Kock who has since passed away.

“The case was finally – we made representation to the NDPP's office through our lawyers and advocate... The charges were finally withdrawn... Advocate De Kock... the one who decided on our matter. So the charges were finally withdrawn. That is correct.”