Lushaba matter

On 8 August 2025, Investigating Director included Advocate Serunye formally into the matter to oversee two cases and attend to a bail amendment application, with Advocate Drushantha Ramsamy and Advocate Hlatshwayo as lead prosecutors of different matters.

“On 8th of August, 2025, the Investigating Director convened a short meeting and informed me that she had decided to include me in the matter... She asked me to oversee the two matters, the Lushaba matter and the Khumalo, and others (Mokwele matter) with Advocate Drushantha Ramsamy as remaining the lead prosecutor in the Lushaba matter, and Advocate Hlatshwayo remaining the lead in the Mokwele matter. She further asked me to attend to an anticipated bail amendment application under section 63 of the Criminal Procedure Act...”

Advocate Serunye was appointed as supervising DPP for the Lushaba and Khumalo/Mokwele matters, coming in after no DPP was previously appointed to oversee those cases.

“I was coming in as a supervisor... there is no DDPP appointed into the matter, so I am coming in after the fact as a DDPP to oversee the two cases.”

Ms Johnson was made aware of concerns about the Lushaba and Mokwele matters personally by Adv Serunye.

“She was, I did that personally”

The Lushaba matter is not considered an IDAC matter by Advocate Serunye because it does not meet IDAC's criteria for cases to be handled by that unit.

“According to me, Commissioner Baloyi, it does not fall in that category of cases that must be, and I stated it in one of the emails.”

In both matters involving the Lushaba case, investigations were wanting, suspects should not have been arrested or charged, and the chargesheets were defective; procedural irregularities were observed where manuals and operations were not followed.

“In both instances the investigations were wanting. They were not at a stage where suspects ought to have been arrested. The chargesheets you say are defective. Procedural irregularities where your own manuals and operations were not followed.”

Mr. Raphesu drafted an affidavit to clarify collection and chain of custody of dockets relating to the Lushaba matter.

“I w a s r e q u e s t e d t o d r a f t t h i s s t a t e m e n t f o r t h e b a i l , w h e n t h e y w e r e d o i n g t h e b a i l . N o , n o , n o , w h e n t h e y w e r e d e a l i n g w i t h t h e i s s u e o f t h e a r r e s t o f t h e s u s p e c t o n t h e L u s h a b a m a t t e r , t h e r e w a s a n i s s u e r e l a t i n g t o t h e c a s e n u m b e r s , s o I h a d t o d e p o s e t o t h i s a f f i d a v i t j u s t t o i l l u s t r a t e w h i c h d o c k e t s I c o l l e c t e d f r o m t h e o f f i c e o f t h e I n s p e c t o r a t e .”

Other discussed topics at the meeting included housebreaking on the Lushaba matter.

“we are also talking about the housebreaking on the Lushaba matter ... We were discussing these things at random.”

The investigation cases were grouped into four groups: Lushaba matter, Madondo matter, forklift matter, and PKTT matter. The Mokwele matter was not included in these groups.

“we decided that we are going to group the cases into four groups ... the Lushaba matter ... the Madondo matter ... the forklift matter ... the PKTT matter ... the Mokwele matter ... is not included.”

M R R A P H E S U raised the issue of early 204 statement taking with Ms Ramsamy and Mr Sesoko, and was advised to concentrate on the Lushaba matter, while the other two persons would continue with their matters.

“No, they gave me feedback. They indicated that I should continue concentrating on the Lushaba matter and the other matter, the other two guys will continue with it... and Mr Padayachee assumed the responsibility of being a lead on that other matter.”

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”

Each major investigation (Lushaba matter, Mokwele matter) has its own separate CAS number.

“I do know that with the Lushaba matter, it is a separate CAS, of course, as is with the Mokwele matter, and that had the other matter been enrolled, it would have also had its own case.”

Rapetsu assisted in the investigation team by retrieving dockets and working on the Lushaba matter and the Brooklyn CAS 542 docket related to Mokwele.

“with Rapetsu, he assisted on the first one and the second one, meaning with the Brooklyn CAS 542, which is the appointment of Mokwele. His starting point was getting the dockets, and I know that he worked on the Lushaba matter”

There was a planned workflow of investigations starting with the Lushaba matter followed by the Mokwele matter and then Madondo matter, but investigations were halted due to allegations which led to stepping back.

“We had a plan of action into what we were going to do with our investigations. So we started with the Lushaba matter, first case matter. And then there was going to be a short break and then we go with the second matter which is the Mokwele matter. And after that there will be a short break and then we would have went onto the Madondo matter and then followed through with the others. So if, for example, if there was, what we have done is that we respected that there was going to be a Commission of Inquiry or the Commission of Inquiry, the Commission and the other committee that, with respect, we stepped back because of the allegations and we stepped back.”

There are multiple investigations referred to as the Crime Intelligence matter, including the Lushaba matter, the Mokwele matter, and the Madondo matter, with a fourth matter still under investigation.

“You have the allegations on the different matters that are there. So the first one you had was ... the Lushaba matter. ... The second scenario is the Mokwele matter. And then you have the Madondo matter. I am not going to say about the fourth one, because that is still in the oven.”

There was an incident at General Lushaba’s house involving theft of classified items and a cover-up of this incident.

“Paragraph 6 starts with the following words. "The cover-up of the incident alleged took place at General Lushaba house where his state property was stolen is also concerning."”

A lady was taken home by General Lushaba in connection with the incident opened in August 2022.

“In this matter, a lady was taken home by General Lushaba...”

Colonel Padayachee admits that he is involved in the investigation and finds it natural that information about the Lushaba matter comes out to him.

“My apologies, Commissioner. It is because I am involved in the investigation that these things come out naturally.”