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There was no separate investigation by IDAC into the claim of interception related to General Patekile, only investigation to find the dockets themselves.
“In all honesty ... I can not tell you that there was a separate investigation about that interception ... we sought to find those dockets, and we then found those dockets.”
Finding the dockets does not address the complaint of interception; an investigation is still needed.
“Your finding of the dockets surely does not address the complaint of interception? No, it does not. And what I am saying is there must be an investigation.”
A letter was written to the provincial commissioner of detectives, Major General Khumalo, requesting police dockets to locate whether they were intercepted.
“A letter was written to the provincial commissioner detectives, Major General Khumalo, requesting the dockets.”
The dockets were found on 6 December 2024 after inquiry following a complaint of possible docket interception.
“The dockets were found on that day [6 December].”
The complaint was that the dockets had been intercepted, but an inquiry found the dockets were accounted for in the SAPS system.
“His complaint is that dockets have been intercepted ... you then inquired and in fact found that they are accounted for in the SAPS system.”
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.”