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IDAC Head Admits Legal and Factual Failures at Madlanga Commission

The concessions have prompted an NDPP independent review, an LPC complaint, a possible criminal referral, renewed scrutiny of past prosecutions.

Overview

  • On Thursday Andrea Johnson told the Madlanga Commission that a senior investigator consulted complainant Fadiel Adams before any preliminary or formal IDAC probe was authorised.
  • Johnson conceded IDAC solicited Adams’ Section 27 affidavit and applied a subjective legal test instead of the objective standard required by the NPA Act when deciding to open the inquiry.
  • She acknowledged that parts of her evidence to Parliament were incorrect, publicly withdrew a claim that Dineo Mokwele was a 'token appointment,' and apologised after commissioners showed documentary contradictions.
  • The National Prosecuting Authority has ordered an independent review of the Khumalo-related matters to assess the lawfulness of the investigation and whether existing prosecutions should continue.
  • Civil society has lodged a complaint with the Legal Practice Council and an MP has signalled intent to open a criminal case, raising separate disciplinary and possible criminal consequences for Johnson and for evidence already used in court.