Referred to as: section 27 referral · Section 27 referral
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ADV Baloyi informed that the affidavit signed in Cape Town and deposed in Pretoria is an A1 statement and not the document referred to as the section 27 referral.
“The one you are referring to, which is signed in Cape Town and deposed in Pretoria, that is an A1 statement. It is not a 27.”
ADV Serunye says the affidavit shown to him is not the section 27 affidavit that started the whole thing and that he was misled by Mr Perumal who showed him that document as section 27 referral.
“If Mr Perumal showed you this document and said to you it is a section 27 referral, he misled you ... this is a statement marked A1 by him.”
The investigation process for section 27 referrals is supposed to follow strict SOPs, but in practice, there is no strict compliance, though failure to adhere does not necessarily mean the process is irregular as long as it complies in substance.
“The investigation process is supposed to follow a sequence as set out in the SOPs... but even in other section 27 referral... there was no strict compliance with this process... failure to adhere strictly to the SOP does not mean that the process is irregular, as long as it complies in substance.”
The affidavit dated 6 January 2025 by Honourable Adams is an original affidavit that has not been disclosed even to the Defence, and requires them to apply to access it due to a Section 27 referral confidentiality.
“The affidavit of the 6th of January 025 is an original affidavit. It was signed by Mr Adams on 6 January 2025... This document has not even been disclosed to the Defence, and it is one of those documents where even the Defence would have to apply for the document to be made available to them. The section 27 referral cannot be made available”
The Section 27 referral document initiates the intake of a matter and is confidential, only disclosed to the accused if requested, and has not been disclosed to the Defence relevant to IDAC investigations, being the basis for initiating investigations.
“The section 27 is the intake document. According to me, the section 27 referrals are not disclosed unless they are requested by the accused. Now, when I went to Parliament, we had not disclosed this document at all to the accused. We have not disclosed section 27s, the referrals, to the Defence because it is the basis on which we initiate our investigations.”
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 ...”
An investigation can go ahead to determine the veracity of claims of fraud and corruption made in a section 27 referral.
“in my assessment of this reading , together with the section 27 , it creates a sufficient enough basis for an investigation to go forward .”
The names given earlier were names of the team shortly after receiving the section 27 referral and preliminary investigation authorized; some persons were added later for a full investigation under section 28(1) of the NPA Act.
“the names that I gave you were the names of the teams shortly after we had received the section 27 referral and we had the preliminary investigation authorised. As the investigation progressed and just before the arrests, there was an application for a section 28(1) full investigation in terms of the NPA Act.”
There are at least six separate investigations relating to a Section 27 referral involving General Lushemba matter, Mokwele matter, and others including Lieutenant-General Khumalo and General Madondo.
“When the prosecutors got the Section 27 referral, Counsel, they broke it up as follows. Started with the General Lushabama matter. Yes. That is the first matter. The Mokwele matter being ... there is a third investigation ... warrants were held over for Lieutenant-General Khumalo and General Madondo ... there are other matters ... five, six ... there would be six.”
In a situation where a docket was opened by complainant at various police stations but then closed without further action, upon a section 27 referral, IDAC requests and takes those dockets from SAPS to assist investigations.
“dockets was opened by a complainant at various police stations and then he was not happy and these dockets , he did not hear about them and these dockets were closed . So , when that section 27 referral came , we looked at these cases , were requested the case dockets from the SAPS ... and we took those dockets to assist us in our investigations .”
Upon IDAC's receipt of the section 27 referral related to the Mokwele matter, IDAC requests the dockets from SAPS, finds them closed with little evidence, and takes over the investigation from SAPS.
“a request is made for the dockets with SAPS ... the dockets were opened in Cape Town and other police stations ... the dockets were given over to us ... there was hardly anything in those dockets ... so we started to investigate further ... So you took over the SAPS investigation . Yes ... does it mean that in investigation or that complaint , which was lodged at SAPS , is now closed ? Is that how IDAC deals with it ? It is now closed ? We are now investigating it ? Yes .”
Colonel Padayachee was satisfied that the jurisdictional facts had been met for a Section 27 referral in relation to an appointment to a technical post without qualifications, which he interpreted as fraud and corruption needing investigation.
“I am going to say yes. Yes, Commissioner. ... It is what was being said there, a person has been appointed in a technical post without qualifications. It is a civilian. For me, that amounts to fraud and corruption that needed to be looked at to be verified.”
Colonel Padayachee asserts under oath that he never received the section 27 referral document until a couple of months ago when it became an issue, and he only then had sight of it.
“I say to you that I am under oath, that I never received that section 27 referral until a couple of months ago when it became an issue and when I had sight into it”