section 27 referral affidavits

Colonel Padayachee has testified that he has never been furnished with copies of affidavits that support section 27 referrals, only oral briefings from senior investigators or prosecutors, which is considered by counsel to be unusual practice at IDAC.

“Colonel Padayachee said that he has never been furnished with copies of affidavits that support section 27 referrals. All he has ever been given ... are oral briefings given to him by senior investigators or prosecutors ... I say ... it does not make sense at all to me”

Colonel Padayachee testified he has never been furnished with copies of section 27 referral affidavits; only oral briefings by senior investigators or prosecutors have been provided, which he finds strange and suspicious.

“Colonel Padayachee said that he has never been furnished with copies of affidavits that supports section 27 referrals. He testified that all that he has ever been given, as I understood it, throughout his stay at IDAC, are oral briefings given to him by senior investigators or prosecutors. I am not sure which one it is now. ... Did he tell us the truth with regard to this or not? Is that the practice followed at IDAC? If it is, which I would find very strange, why would there be such a practice?”

Investigators and prosecutors, including Colonel Padayachee, form teams to deliberate on section 27 referral affidavits to determine the necessary investigations and allegations.

“The team has different levels of investigators and prosecutors... and he is one of the criminal investigators in that team ... They have to sit and deliberate on this document and to work out what investigation would have to be instituted, what the allegations would be.”