Referred to as: Section 28(13) application · section 28(13) application
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The draft section 28(13) application corroborates the version of the section 27 referral affidavit seen on 5 December 2024, when the application was drafted.
“My draft section 28(13) application is also corroboration of the version of the section 27 referral affidavit that I saw on the 5th of December 2024, when I drafted the application.”
A comprehensive application for section 28(13) authorisation was received including a 9-page summary of the evidence to confirm the mandate and the application.
“There was a verbal briefing about the allegations. And then once we received the – we did a comprehensive application for 28(13). When I say comprehensive, we also included a 96-page, 19-page, sorry, 9-page summary of the evidence that was contained to confirm our mandate and our application for 28(13).”
The procedure after receiving the section 27 affidavit involves determining if it falls within the mandate, and if necessary, instructing a preparatory investigation by the investigating director via a section 28(13) application.
“If the Investigating Director considers it necessary to hear evidence in order to enable him or her to determine if there are reasonable grounds to conduct an investigation in terms of subsection (1)(a), the Investigating Director may hold a preparatory investigation.”
Advocate Ramsami works purely on the section 27 affidavit, applying her mind to the law and drafting the section 28(13) application, without seeking to obtain extraneous documents.
“So she works purely on the affidavit? That is correct.”
To access police dockets, IDAC must have an investigation initiated by a Section 28(13) application; then IDAC can request the dockets from the Head of Detectives who custodians them.
“Police will not give IDAC dockets if IDAC does not have an investigation. The prosecutor Advocate Ramsamay is able to submit a Section 28(13) application which initiates an investigation. On that basis ... we are able to write now to the Head of Detectives ... custodians of the dockets.”