NATIONAL NEWS - Commissioner Sesi Baloyi questioned why the Investigating Directorate Against Corruption (Idac) had not investigated allegations regarding former minister Bheki Cele, even though it was the one complaint within the institution’s mandate.
On Tuesday, the Madlanga commission zoomed in on the investigations within the Idac, including the appointments and promotions of Crime Intelligence and PKTT officials.
In his affidavit, National Coloured Congress (NCC) leader Fadiel Adams stated that he suspected that money was unlawfully taken from the secret fund and given to Cele.
The other allegation was that the former police minister was also involved in appointing Dumisani Khumalo as the divisional commissioner of Crime Intelligence without an interview process and without Khumalo having worked as a senior manager in Crime Intelligence.
Evidence leader Mahlape Sello asked former Idac head Andrea Johnson how Khumalo’s appointment fell within the mandate of the investigative unit. Johnson conceded the matter was not within Idac’s mandate, yet the institution went on to investigate it.
“I think I did recollect touching on it and indicating that this would become one of those matters regarding vetting and appointment… it doesn’t fall within the mandate and the matter would have to be dealt with, as we discussed commissioners, with the Mokwele matter, the standing order and a recommendation of what must happen with that,” conceded Johnson.
“Okay, but just for our purposes, what’s set out in paragraph 5 does not relate to vetting. It’s a slightly different issue. It’s his appointment generally as a divisional head of Crime Intelligence,” said Sello.
Why not investigate Bheki Cele matter?
Commissioner Baloyi said the suspicion that funds were unlawfully taken from the secret fund to be given to Cele fell within Idac’s mandate to investigate.
“Was anything done about it? Were any further statements taken? Was any investigation initiated on this allegation?” she asked.
“Commissioner Baloyi, I am not sure how far the investigation team has gone or what they would have done in relation to this matter,” responded Johnson.
Baloyi said it was fair to conclude that had any investigation been launched into the matter, the investigators would have briefed her. That there was no briefing could mean that nothing had been done about the matter.
“You would know if an investigation was conducted. I mean, you know about the others. It’s fair to say you would know if there was an investigation into this as part of the briefings that you are getting arising from this Section 27,” said Baloyi.
“Until there is evidence that there was an investigation, it is fair to surmise that nothing came out of this.”
Why the misdirection?
Baloyi questioned why Johnson never asked about the Cele matter when it seemed serious and fell within the Idac mandate.
“I didn’t ask questions about how far they were with each investigation. They presented each leg of an investigation as they got to their completion. I didn’t specifically ask about this, but I do know it forms part of the authorisation of the investigation,” responded Johnson.
“You see, it’s the one allegation that I would have expected or thought it would catch your attention, because it is the most serious of the allegations. But more importantly, it is the one allegation that squarely falls within your mandate,” continued Baloyi.
“And yet, you went to your investigators, including you, because you were getting briefings, you signed off on a prosecution memorandum, you signed off on whatever was happening, the formal steps that needed to be taken.
"But the one allegation in this affidavit that falls squarely within your mandate or would fall within your mandate, if there is any merit to it, is quite curious that it is the one that you don’t get involved with, that you are unable to speak to, that you don’t seem to have paid attention to.
“And that’s quite a curiosity in the circumstances, considering that the rest of the affidavit has nothing to do with Idac, right? The other allegations, they have absolutely nothing to do with the mandate of Idac. But the one that has is the one that nothing is done about. And again, it raises the question: what, in fact, was going on? Why this misdirection? And it cannot be oversight. It can’t be. There was a deliberate decision to focus on the others. Hopefully, we will find out why.”
‘I don’t recall’
Baloyi suggested that the events at Idac pointed to selective investigations.
“I hear what you are saying, Commissioner Baloyi. I’m not going to absolve myself and just agree that I may not have been briefed. I may not recall. But at no stage was there any instruction from my office that any part of any of these matters should not be dealt with.”
Article: Caxton publication, The Citizen
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