NPA to Withdraw Charges Against Crime Intelligence Head Khumalo and Six Others
Collapse of high‑profile case exposes IDAC failures after Madlanga Commission revelations
The National Prosecuting Authority will on Friday formally withdraw all charges against Crime Intelligence head Lieutenant‑General Dumisani Khumalo and six other senior officers. The decision, taken after damning revelations at the Madlanga Commission, is another heavy blow to the Investigating Directorate Against Corruption (IDAC), which has already lost its head and key investigators.
TO CORRESPNDENT
THE National Prosecuting Authority (NPA) announced on Tuesday afternoon that it will unconditionally withdraw corruption and fraud charges against Crime Intelligence head Lieutenant‑General Dumisani Khumalo and six other senior police officers. The charges will be formally withdrawn in court on Friday.
NPA spokesman Kaizer Kganyago said National Director of Public Prosecutions Advocate Andy Mothibi had signed off on the withdrawal following a review of the case file and the circumstances surrounding the charges.
According to Kganyago, the NDPP concluded that the prosecution could not proceed on the current record and had therefore directed that the matter be withdrawn unconditionally. He confirmed the accused have already been informed of this development.
Review
The seven accused are Khumalo, Major‑General Philani Lushaba, Major‑General Nosipho Precious Madondo, Major‑General Josias Lekalaka, Major‑General Zwelithini Gabela, Brigadier Phindile Ncube and Brigadier Dineo Mokwele. They were facing charges including corruption, fraud, theft, unlawful interception of communications, unlawful acquisition and possession of intelligence equipment, defeating or obstructing the administration of justice, and contraventions of the Intelligence Services Act and RICA.
The charges stemmed from the alleged irregular appointment of Mokwele to a post in the Technical Support Services division of Crime Intelligence. IDAC had described Mokwele as an “unqualified civilian” and in some reports she was referred to as a secretary at BMW who had been elevated to to the position of a Brigadier within SAPS's crime intelligence unit.
However, evidence led at the Madlanga Commission of Inquiry showed Mokwele had the necessary academic qualifications and relevant experience for an engineering‑related post.
Attorney Sihle Hlongwane, representing Khumalo and three of the co‑accused, said his clients had received a letter from the NPA confirming the latest decision. He described the case as a bitter mistrial that had dragged his clients’ reputations through the mud. Hlongwane said the decision followed an approach by his clients to the NPA to review the case in light of damning revelations at the Madlanga Commission. He added that his clients also want to engage the NPA on the status of warrants of arrest against Khumalo and Madondo, which were later stayed.
Hlongwane said he hasn’t yet gotten instructions from his clients on what to do next in light of the latest developments.
Lack of Evidence
At the Commission, evidence was led that there was a plan to “take Crime Intelligence boss Khumalo out of the way and arrested and in court at all cost”, thus allowing his removal and replacement by a favoured appointee. The Commission also heard how the legitimacy of statements obtained by IDAC that led to the arrests was disavowed by a prosecutor and investigator from the directorate. Johnson herself conceded under cross‑examination that Mokwele was in fact qualified for the role.
The Commission found that the accused had been unfairly targeted, that the alleged offences were essentially HR disputes outside IDAC’s mandate, and that witness statements were possibly fabricated.
Former IDAC head Advocate Andrea Johnson was relieved of her duties, and senior IDAC officers involved in the case were suspended pending review. The withdrawal effectively collapses the IDAC case which had led to months of open clashes between top SAPS officers and the directorate.
The Madlanga Commission has not yet made any findings regarding this and many other matters.
Written approval
NPA head Advocate Mothibi said the withdrawal was ordered because the investigation remains incomplete and a complete evidential record is not presently available. He directed that the matter may not be re‑enrolled, nor may any fresh decision to prosecute be taken, without his express written approval. Should IDAC recommend prosecution once its investigation is complete, the accused will be given another opportunity to make representations.
In response to mounting complaints about IDAC’s conduct, President Cyril Ramaphosa recently appointed retired Gauteng High Court Judge Takalani Joseph Raulinga as Ombud to oversee the directorate. At the time, it was reported that Raulinga’s was at the instigation or recommendation of Minister of Justice Mammoleki Kubayi and NPA head Mothibi, but he himself admitted that he has been a long-term friend of the president, but he will perform duly perform his duties without fear of favour.
His mandate is to investigate complaints of abuse of power, maladministration, and improper conduct within IDAC, reinforcing accountability, especially now at a time when the agency’s credibility is under strain. TQ
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