Senior IDAC investigator struggles to explain Khumalo arrest over ‘SAPS HR’ matter
The senior investigator at the Investigating Directorate Against Corruption (IDAC) leading the investigation into Crime Intelligence head Lieutenant-General Dumisani Khumalo, Brigadier Dineo Mokwele and five other senior officers, struggled to explain what triggered the investigation that ultimately led to their arrests.
Brian Padayachee came under sustained questioning at the Madlanga Commission on Thursday as evidence leader Advocate Mahlape Sello repeatedly challenged him to explain how investigators identified the accused and what information led them to focus on them in the first place.
The investigation was triggered by a complaint lodged by National Coloured Congress Member of Parliament Fadiel Adams, who alleged that Mokwele's appointment as a Crime Intelligence brigadier formed part of an attempt to capture the division.
The complaint ultimately led to an IDAC investigation into the Crime Intelligence head, Mokwele and five other senior SAPS officers.
However, as the commission unpacked the origins of the investigation, evidence leader Adv Sello repeatedly challenged whether IDAC had independently verified the allegations made by Adams before targeting Khumalo, Mokwele and the other accused.
"How did you know who to target at Crime Intelligence to determine her name and to determine her ID number? Who did you speak to and on what basis did you identify who to talk to? Because all you have is your A1," Sello asked.
Padayachee told the commission he gathered information by speaking to people familiar with the Crime Intelligence environment, saying investigators often collect pieces of information from different sources before formal evidence is obtained.
But Sello continued to press him on why investigators relied on informal inquiries instead of approaching National Police Commissioner Fannie Masemola at the outset for official records that could have identified the individual referred to in the complaint.
"Why wasn't that your starting point? Why didn't you ask the National Commissioner to establish who this person is and give you files pertaining to that appointment?" Sello asked.
She further questioned why there was no record in the investigation docket explaining who first identified Mokwele or how investigators obtained her personal details, suggesting there was no clear paper trail showing what prompted investigators to focus on her.
Padayachee maintained that investigations do not begin with subpoenas, but evolve through intelligence gathering and following leads before investigators exercise their statutory powers.
"Snooping' is part of investigation. You snoop to get information. That's where your starting points of all investigations are. When you've got some facts that you can put down in a subpoena and a summons to obtain information, you go ahead," Padayachee said.
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