National Director

Following testimony by Witness N, Mr Bellochun received an intention to suspend notice, and a separate complaint from Sergeant Nkosi regarding events of 13 July is also being escalated to the IDAC Judge.

“I am given to understand that Mr Bellochun received a notice yesterday indicating an intention for him to be suspended. And I would assume it comes only out of that matter because, Chair, that was the first matter that I have escalated to the IDAC Judge.”

Advocate Johnson indicates he requested the National Director to advise the Minister of Police not to summon him to any meetings except the Minister of Justice.

“I did indicate to the National Director that she must kindly advise the Minister of Police that he is not allowed to summon me to any meetings. The only Minister who is allowed to summon me to a meeting would have to be the Minister of Justice.”

Advocate Johnson approached the National Director in June 2025 to request removal from oversight of the investigation matters due to their being a distraction that is not in the public interest or interest of justice.

“On the 19th of June, I approached the National Director and I did ask ... it might be best for the interests of IDAC and the NPA that I be removed from the oversight of these matters.”

The National Director has authority over all powers and functions of members of the Prosecution Authority under the Constitution and related laws.

“The National Director, as the Head of the Prosecuting Authority, shall have authority over the exercising of all the powers and performance of all the duties and functions conferred or imposed on or assigned to any member of the Prosecuting Authority by the Constitution, this Act, and any other law.”

The National Director reviewed and agreed that oversight matters should be removed from Advocate Johnson and assigned to Deputy National Director of Public Prosecutions and National Prosecuting Service head, Advocate Bell, with an independent review panel established for fairness and transparency.

“He now fall under the reporting structure of the Deputy National Director of Public Prosecutions, who heads the National Prosecuting Service, Advocate Bell, and as well as the fact that the National Director has appointed, Advocate Mhaga ... i think there is an independent review panel that has been put together to consider not just one matter, but all the matters for processes of fairness and transparency.”

On Friday prior to the hearing, the accused, Brigadier Mokwele, submitted an additional document to the National Director and Advocate Bell, which references evidence of Mr Padayachee relevant to completing representations.

“On Friday, the Friday that passed, the accused, Brigadier Mokwele, did submit in writing, for the attention of the National Director, as well as Advocate Bell, who now oversees these matters, an additional document wherein her legal team alludes to the evidence of Mr Padayachee especially in relation to aspects elicited during the examination at the Commission on the section 27, and makes it clear that these cannot be ignored for purposes of completing the representations.”

The accused, Brigadier Mokwele, submitted an additional document for the attention of the National Director and Advocate Bell, which alludes to the evidence of Colonel Padayachee and indicates that the evidence cannot be ignored for purposes of completing the representations.

“on Friday, the Friday that passed, the accused, Brigadier Mokwele, did submit in writing, for the attention of the National Director, as well as Advocate Bell, who now oversees these matters, an additional document wherein her legal team alludes to the evidence of Mr Padayachee ... and makes it clear that these cannot be ignored for purposes of completing the representations”

Advocate Johnson confirms that the National Director removed Lieutenant Colonel Khumalo from the specific matter but not from office, and that a review is to be held.

“Not from office, but from the matter. The National Director in the email also says, Advocate Sello, that there is a review to be held. And so my having asked to be removed and being released...”

IDAC investigates cases arising from recommendations of commissions of inquiry, referrals by the National Director under section 28(1)(b), or referrals under section 27, which include offences like fraud, forgery, uttering, theft, and any offence involving dishonesty.

“arising from the recommendations of commissions of inquiry; referred to the Investigating Directorate by the National Director in terms of section 28(1)(b); or referred to the Investigating Directorate in terms of section 27, subject to section 26(2); relating to additional related offences or categories of offences, including common law offences of fraud, forgery, uttering, theft; and any offence involving dishonesty”