Adv Johnson submitted a supplementary affidavit invoking the right against self-incrimination regarding allegations of criminal conduct made by Colonel Kobus Roelofse, Captain McLean, and Witness O.
“The notice requires me to deal with allegations against me testified to by Colonel Kobus Roelofse, Captain McClean, and Witness O. The allegations, as summarised, implicate me in alleged criminal conduct.”
ADV JOHNSONDay 150 · 29 Jul 2026Refers to: 2026-07-20Evidence: Supplementary affidavit dated 20 July 2026
A docket implicating Adv Johnson in alleged criminal conduct was confirmed by the NPA on 10 July 2026 to be before the NPA for a prosecution decision.
“The allegations are contained in a docket, which is now with the NPA for a decision on whether I should or should not be prosecuted and further handling. That this is so, Chair, was confirmed by the NPA on the 10th of July 2026, as well as by the Witness McLean when he testified on that day.”
In investigations, a separate inquiry docket is opened and the original case docket is preserved for court purposes.
“we do not use the original case docket that is there. We try to preserve that as it is for the Court to see what was in that case docket. So what we did in this case, we opened an inquiry into the matter.”
The matter under investigation was treated initially as an inquiry and only later as a criminal investigation once evidence was complete.
“As a normal criminal offence, but it is just an inquiry at that stage. Until you have all the evidence, all the statements, and then open a case docket.”
The sharing of the whistleblower’s statement between DPCI, NPA and Advocate Johnson was done legitimately, at the request of General Lebeya to assist with the investigation.
“I do not, we do not have an issue because we requested, the reason we gave that copy of the statement to General Lebeya is to request a prosecutor from the NPA to assist us, to guide us in the investigation and also to get our Section 205 authorised because otherwise we could not get anything done.”
In August 2022, the statement from Colonel Roelofse was received recounting events of 4 July 2018; at that time Advocate Johnson was head of IDAC where Captain McLean was attached to DPCI.
“In August of 2022, we received the statement from the Colonel, setting out events of 4 July 2018. At this stage, Advocate Johnson was the head of IDAC where I was placed, even though I was attached to the DPCI.”
Captain McLean had ascertained that the NPA decided on 5 December 2021 not to prosecute the assault and intimidation docket, which was withdrawn from the CAS system on 13 January 2022.
“Captain McLean had also ascertained that the NPA decided on 5 December 2021 already not to prosecute the assault and intimidation docket , and the docket had been withdrawn from the CAS system on 13 January 2022 .”
After Colonel Roelofse retired at the end of January 2025, Captain McLean obtained a statement from Mr Bateman on 23 June 2026 and opined that Mr Bateman was downplaying the seriousness of Advocate Johnson's conduct by claiming he saw nothing unusual.
“After Colonel Roelofse retired at the end of January 2025, the docket was assigned to me. On the 23rd of June 2026, I finally obtained a statement from Mr Bateman. My opinion of Mr Bateman's statement is that he is trying to downplay the series of Advocate Johnson's conduct. ... the seriousness of Advocate Johnson's conduct by saying that he saw nothing unusual about sending the information to Advocate Johnson and that he had no reason to question her integrity or intentions.”
After Colonel Roelofse retired, Captain McLean was unable to secure a suitable prosecutor for the case because they had to wait for Advocate Batohi to vacate her post before approaching the NPA for a prosecutor due to past events in 2022 involving Colonel Roelofse and Advocate Johnson's conduct.
“After Colonel Roelofse retired I was unable to secure a suitable prosecutor for the case to progress insofar as Advocate Johnson is concerned. ... Commissioner, I had to wait for Advocate Batohi to vacate her post before I could approach the NPA again for a prosecutor. Because of what happened to us in 2022 when Colonel Roelofse approached Advocate, agh General Lebeya to approach Advocate Batohi and subsequent to that, Colonel or Advocate Johnson, then spoke to our witnesses.”
Captain McLean did not approach Advocate Batohi to appoint a prosecutor when he took over the inquiry in January, waiting instead for her successor to be appointed.
“wh e n d i d h e s a y t h i s t o y o u ? C A P T . M c L E A N : I n t h i s y e a r , a f e w w e e k s a g o ... A d v o c a t e B a t o h i i s s t i l l t h e r e ... C a P T . M c L E A N : C o m m i s s i o n e r , l e t m e j u s t g o b a c k ... w e r e q u e s t e d a s s i s t a n c e f r o m t h e N P A ... I d i d n o t s e e w h y a d i f f e r e n t r e s p o n s e f r o m A d v o c a t e B a t o h i ... n o r e s p o n s e , n o p r o s e c u t o r”
Captain McLean states that if Advocate Batohi wanted to appoint a prosecutor, she would have communicated this clearly rather than discussing the matter with a person of interest.
“If Advocate Batohi wanted to give us a prosecutor, why would you then discuss the matter with a person of interest, instead of just saying to General Lebeya, I am going to give you this prosecutor ...”
Captain McLean confirms he never requested a meeting or follow up from Advocate Batohi after the docket was given to General Lebeya.
“we just never heard anything from Advocate or General Lebeya or Advocate Batohi ... we never got any response from her office ... I never asked for a meeting or follow up”
Captain McLean testifies that Advocate Batohi's conduct was wrong in not appointing a prosecutor despite clear requests and information of wrongdoing in the department.
“yes, the re was lots, everything wrong with the conduct of Advocate Batohi ... I must address it ... give us a prosecutor to investigate the matter so we can put it to bed ... that is what our request was”
There was no meeting between General Lebeya and Advocate Batohi regarding the appointment of a prosecutor, though General Lebeya requested such from Advocate Batohi according to Captain McLean.
“When I had a discussion with General Lebeya, he said that is exactly what he did. What we requested, he requested from Advocate Batohi ... but he also does not recall having the meeting”
The case docket was assigned to Captain McLean after COL ROELOFSE retired, who had worked with him from the start and to whom he reported regularly.
“When I retired , the docket was assigned to Captain McLean , who had worked with me on the case from the start and to whom I report regularly on my interactions”
Captain McLean received from Brigadier Petle her own statement, a statement of the A1 in a docket of Silverton 422/05/2018, a J88, an email, and a recording related to an assault case.
“She provided us with a statement, her own statement, a statement of the A 1 in a docket of Silverton 422/05/2018, and the J88. And the email. And also the recording. It is a recording that was ... done by the complainant, Brigadier Petle, of the assault case, and that was also given to the Colonel.”