NPA withdraws Dumisani Khumalo charges after IDAC admission at Madlanga Commission

NPA withdraws Dumisani Khumalo charges after IDAC admission at Madlanga Commission

The National Prosecuting Authority (NPA) has withdrawn fraud and corruption charges against Crime Intelligence head Lieutenant-General Dumisani Khumalo and his co-accused.

Dumisani Khumalo in court
SABC Youtube screenshot

Monday’s events saw a dramatic twist in a case that has come under sustained scrutiny before the Madlanga Commission.

The charges stemmed from the appointment of Brigadier Dineo Mokwele as head of the Technical Support Services Unit at Crime Intelligence.

The Investigating Directorate Against Corruption (IDAC) alleged that Mokwele lacked the required qualifications for the post and accused Khumalo and other senior officers of manipulating the recruitment process to capture Crime Intelligence.

However, the NPA has now signed a memorandum withdrawing the charges and is expected to outline its reasons when the matter returns to court.

The development comes days after the Madlanga Commission found there was no basis for the investigation that led to the arrests.

During four days of testimony before the commission, outgoing IDAC head Andrea Johnson faced extensive questioning over the investigation and the decisions that ultimately led to criminal charges against Khumalo, Mokwele and five other senior officers.

A key turning point came when the commission examined Mokwele's curriculum vitae, qualifications and supporting documents.

Commissioner Sandile Khumalo found that Mokwele exceeded the minimum requirements for the position, holding an industrial engineering degree and numerous additional qualifications in areas including cybersecurity, finance, and public administration.

Johnson conceded she had not been aware of all Mokwele's qualifications when IDAC concluded she was unsuitable for the post.

She also acknowledged that a statement in her affidavit claiming Mokwele lacked the required qualifications was incorrect after being taken through the documents before the commission.

The commission further heard that Johnson had never seen Mokwele's job application before recommending that she face fraud and corruption charges, saying she relied on information provided by her investigation team.

Johnson also apologised for previously describing Mokwele's appointment as a "token appointment", telling the commission the characterisation was wholly inappropriate.

The commission's scrutiny extended beyond Mokwele's appointment to the origins of the investigation itself.

Johnson conceded that IDAC had solicited a Section 27 complaint from National Coloured Congress leader and Member of Parliament Fadiel Adams after receiving correspondence from the office of then Police Minister Senzo Mchunu.

She testified that the referral was required before IDAC could formally investigate the allegations, but acknowledged that the directorate is not supposed to solicit Section 27 complaints from members of the public.

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