National Prosecuting Authority

Peter Serunye was authorized by the then Investigating Director Hermione Cronje on 13 October 2021 to exercise powers under section 24(2) of the National Prosecuting Authority Act and to represent the state in criminal proceedings and appeals instituted by the Investigating Directorate within South Africa.

“On 13 October 2021, I was issued with an authorization by then ID Advocate Hermione Cronje, the then-Investigating Director of the Investigating Directorate, to exercise powers as set out in section 24(2) of the National Prosecuting Authority, Act 32 of 1998, and to appear on behalf of the state in criminal proceedings, appeals and matters arising from criminal proceedings instituted by the Investigating Directorate in all jurisdictional areas and courts within the Republic of South Africa in respect of any offence envisaged in section 7(1) read with proclamation 20 of 2019, and section 28(1)(c) of the National Prosecuting Authority, Act 32 of 1998, and I attach as Annexure PS1 the authorization.”

Ms Ramasamy is a full-time employee of the National Prosecuting Authority (NPA) attached to the Investigating Directorate Against Corruption (IDAC), joined as a state advocate on 1 March 2023.

“I am an adult female admitted attorney in the full-time employee of the National Prosecuting Authority, attached to the Investigating Directorate Against Corruption, commonly known as IDAC ... I joined the IDAC as a state advocate on the 1st of March 2023.”

Adv Johnson confirmed she had communication, including a letter, with DPP Advocate Harrison from KZN regarding Mr Adams' arrest to clarify his status as an IDAC witness and how NPA should manage him.

“I did. I also think I wrote her a letter. The gist of the conversation was just to indicate, I am not sure if you are aware that Mr Adams is a witness, and in an IDAC matter, and I just wanted to know whether or not he is going to be arrested, just so that we know how to handle him, because we are one NPA.”

Adv Johnson stated that internal NPA engagement protocols involve writing to the relevant DPP when seeking information about matters in another jurisdiction.

“The DPP would then be able to, when we write, we engage in that way. I write to the DPP if she wanted to know something that was happening in Pretoria, she would write to the DPP in Pretoria, and the DPP goes ahead and finds out if there is such a matter, and who is dealing with the matter, and what the matter is about”

A docket implicating Adv Johnson in alleged criminal conduct was confirmed by the NPA on 10 July 2026 to be before the NPA for a prosecution decision.

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

Advocate Johnson stated that he is no longer the head of IDAC and highlighted the need for more checks and balances within IDAC and the NPA.

“I am no longer the head of IDAC. ... what has become apparent is that there needs to be a few more checks and balances than there currently are. And I am hoping, Chair and Commissioners, that that would be at least a part of those recommendations so that we are able to take them on board, or IDAC and the NPA can take them on board.”

Advocate Andrea Johnson represents the Investigating Directorate Against Corruption (IDAC), a unit within National Prosecuting Authority (NPA).

“I am currently employed as the Investigating Director and Head of the Investigating Directorate Against Corruption , IDAC , a unit within the National Prosecuting Authority , NPA”

Advocate Johnson invoked the privilege against self-incrimination in respect of allegations made by Colonel Kobus Roelofse, Captain McClean, and Witness O related to alleged criminal conduct, and confirmed that the matter is now before the National Prosecuting Authority for a decision on prosecution.

“she invoked the privilege in relation to MPMncwango's question”

Advocate Andrea Johnson stated she was appointed as Investigating Director and Head of the Investigating Directorate Against Corruption (IDAC) within the National Prosecuting Authority by President Cyril Ramaphosa effective from 1 March 2022.

“I am currently employed as the Investigating Director and Head of the Investigating Directorate Against Corruption , IDAC , a unit within the National Prosecuting Authority , NPA , established in terms of section ( 1 ) ( A ) of the National Prosecuting Authority Act 32 of 1998 , ( the NPA Act ) . I was appointed to this position by President Cyril Matamela Ramaphosa with effect from 1 March 022 in terms of section 13 ( 1 ) ( b ) of the NPA Act .”

Colonel Brian Padayachee is a retired Colonel of the South African Police Service with 44 years of experience, currently employed as a senior investigator at the National Prosecuting Authority's Investigating Directorate Against Corruption (IDAC).

“I am an adult male employed at the National Prosecuting Authority as a senior investigator assigned to the Investigating Directorate Against Corruption , IDAC . I am a retired Colonel of the South African SAPS . I have served the SAPS for 38 and a half years ... It is now 44 years of my law enforcement career.”

The summons issued to Colonel Brian Padayachee requires him to respond to allegations about infiltration, capture, exertion of undue influence, and corruption within the South African Police Service, the National Prosecuting Authority, and other criminal justice system components by criminal syndicates, politically connected persons, and unlawful actors.

“The summons requires me to appear before the Commission on Monday 13 July 2026 for the purposes of giving evidence and be questioned about the following. Matters arising from the evidence of Lieutenant General Mkhwanazi during his evidence before the Commission on 17, 18 and 19 September whether criminal syndicates, organised criminal groups, politically connected persons or other unlawful actors have infiltrated, captured, exerted undue influence over or otherwise compromised the South African Police, the NPA, the Directorate for Priority Crime Investigation, Crime Intelligence, Independent Police Investigative Directorate or any other component of the criminal justice system.”

Captain Mark McLean states he was part of a team assigned in May 2020 to investigate state-owned enterprises and entities as part of a duty arrangement between IDAC and DPCI.

“In May of 2020, I was part of a team placed at the Investigating Directorate, the ID, of the National Prosecuting Authority, also commonly known as IDAC, as part of a duty arrangement between IDAC and the DPCI, where we were assigned to conduct investigations relating to inter-alia state-owned enterprises or state-owned entities.”

Colonel Roe Loofse states there was a 15 year struggle between police and National Prosecuting Authority (NPA) to get Crime Intelligence matters on the roll, due to interference and impunity.

“So between the police and the NPA, we struggled about 15 years, 12 years to get a Crime Intelligence matter on the roll because of all the interference that we experienced.”

DPCI and the National Prosecuting Authority were captured by unlawful conduct leading to a formal complaint in 2016.

“by that stage I am saying DPCI was captured and the National Prosecuting Authority was captured. As a result of this unlawful conduct, I laid a formal complaint”

Mr. O'Sullivan says the National Prosecuting Authority (NPA) unlawfully withdrew criminal charges related to kidnapping and murder as well as alleged fraud and corruption, and that this was mismanaged under Advocates Mrwebi and Jiba.

“they took an unlawful decision to withdraw the criminal charges ... pertaining to the kidnap and murder ... but also the alleged fraud and corruption charges ... that was being mismanaged by Advocates Mrwebi and Jiba”

Mr. O'Sullivan opened a criminal complaint for mismanagement against Advocates Mrwebi and Jiba concerning the withdrawal of criminal charges by the NPA.

“I opened ... a criminal complaint against them for the mismanagement of that whole mess”

Mr. O'Sullivan says criminal charges were not in the domain of the police but the NPA, who mismanaged the withdrawal of these charges unlawfully.

“the criminal charges were not in his domain ... They are in the domain of the NPA ... And ... they took an unlawful decision to withdraw the criminal charges”

An NPA letter dated 13 February 2024 pertains to a complaint regarding Detective Warrant Officer Sander, and Lieutenant Colonel Mtshali at DPCI Port Shepstone was assigned to investigate.

“It appears to be to the complainant ... subject lines say complaint in respect of Detective Warrant Officer Sander ... Investigating Officer Lieutenant Colonel Mtshali, DPCI Port Shepstone”

As of 13 February 2024, there had been no meeting or interview with the complainant according to the National Prosecuting Authority (NPA).

“on the 13th of February, they are still trying to get hold of the complainant . There had not yet been a meeting with the complainant according to the NPA”

The Booysen CAS 252/10/2021 was referred to the National Prosecuting Authority on 2024-06-20 for decision.

“After collection of all relevant statements, on 2024-06-20, the Booysen CAS 252/10/2021 was referred to National Prosecuting Authority for decision.”

According to Lieutenant Colonel Sebola, National Prosecuting Authority Advocate J M Sereko ruled on 23 June 2022 that representations from BTK Attorneys were unsuccessful and prosecution should proceed, but on 29 January 2024 Deputy National Director Advocate R J De Kock decided not to pursue prosecution.

“The Director of Public Prosecution for Gauteng Local Division, Advocate J M Sereko, ruled on 2022-06-23 that the representations were unsuccessful and prosecution should proceed ... on 2024-01-29 the Deputy National Director of Public Prosecution, Advocate R J De Kock, considered the matter and decided not to pursue the prosecution”

Operational interaction between the Multi-Dimensional Organised Crime unit and the Directorate of Priority Crime Investigation (DPCI) occurs at the ground level and involves a memorandum of understanding.

“Operationally, we do interact at the ground level. And at senior level, there is an interaction between CI Section Head, Provincial Head and Provincial Head of DPCI, which will also include National Prosecuting Authority.”