Section 28(13) preliminary investigation

A full-blown investigation conducted during the preliminary investigation stage based on a wholly inadequate section 27 affidavit is improper and is a misuse of the section 28(13) preliminary investigation process to assist a poor referrer make up a case improperly.

“a full-blown investigation happens on the back of a preliminary, of a decision for a preliminary investigation ... you had this wholly inadequate section 27 affidavit ... You then authorise a preliminary investigation ... but you use that to show up a poor referrer ... So that is not the purpose of your section 28(13) preliminary investigation ... It is not to fix Mr Adams’ poor section 27 ... It is not to use that process for a purpose other than intended.”

Colonel Padayachee was designated by Advocate Johnson, the Investigating Director at head office, to be part of a Section 28(13) preliminary investigation team for a prosecution-led investigation related to Ms Mokwele's case.

“I was designated by the investigating director as the head of office ... I was designated on that ... Advocate Johnson ... the investigation starts from the referral where section 28(13) preliminary investigation starts ... designate investigators, prosecutors to that particular team ... I was designated on that”