Independent Directorate Against Corruption (IDAC) head, Advocate Andrea Johnson, testified before the Madlanga Commission of Inquiry on Tuesday that she would seek to invoke her right not to self-incriminate in light of allegations of criminal conduct against her, which are now before the National Prosecuting Authority (NPA) for a decision on whether to prosecute her.
Colonel Kobus Roelofse, Captain McClean, and Witness O testified that Johnson is implicated in allegations of interfering with an investigation and defeating the ends of justice in a case involving suspended Crime Intelligence deputy head, Major-General Feroz Khan.
The allegations stem from a 2018 complaint in which Brigadier Leonora Phetlhe of Crime Intelligence accused Khan of assault and intimidation during a confrontation at the unit’s headquarters.
It was alleged that Johnson, while serving as a senior prosecutor at the NPA, forwarded the contents of Brigadier Phetlhe’s complaint to Khan despite him being the suspect with no right to the docket.
Johnson said: “The allegations are contained in a docket which is now with the NPA for a decision on whether I should be prosecuted and further handling. Now that the matter is before the NPA on the basis set out above, for a decision on whether I should be prosecuted, various consequences emerge. One of those consequences is that of the need for me to have my rights protected.”
She stated that she would exercise her right not to incriminate herself under Section 35(3)(j) of the Constitution of the Republic of South Africa, read with Section 3(4) of the Commissions Act, 1947. She said those provisions guarantee her right against self-incrimination.
“I hold the view that the commission’s fact-finding mandate does not override my constitutional protection against self-incrimination under any circumstances,” she said.
She addressed criticism levelled at a medical certificate submitted to the commission after her illness prevented her from appearing on July 13. She noted that the commission had taken a “dim view” of the document.
On that day, Commission Chairperson, Justice Mbuyiseli Madlanga, criticised the medical certificate, saying: “I notice that this is one of those medical certificates the nature of which I have previously said is useless in the sense that they give no information whatsoever… We are forced in the circumstances to postpone the hearing of Advocate Johnson to a date to be determined.”
During her testimony on Tuesday, Johnson said: “I have since approached my doctor for the preparation of what I believe is a medical certificate that would be acceptable to the commission for its details of what led to me being indisposed. It will, together with this affidavit, be delivered to the lawyers of the commission. I request that the medical condition I suffered from be not made public.”
Earlier, she testified that she had both personal and professional relationships with Khan, describing him as “affable”. She said she attended his 50th birthday party, where her husband, who worked in Crime Intelligence, was also invited.
She said the relationship soured following an approach by one of the Murray sons, who sought IDAC’s help in investigating the murders of liquidators Cloete and Thomas Murray. Thomas Murray was employed at a firm that Khan is alleged to have assisted in securing a multimillion-rand tender irregularly.
Johnson said: “In late 2024, media reports emerged concerning General Khan’s alleged involvement with persons allegedly linked to the Murray murders. Those reports concerned me because I had previously met with one of the Murray sons who wanted to know whether IDAC could assist with the investigation. I informed him that IDAC could not assist but explained how he could escalate his concerns about the investigation to SAPS management.”
She also testified regarding arrest of Crime Intelligence head Lieutenant-General Dumisani Khumalo and other senior officers on June 26, 2025, at the OR Tambo International Airport, stating it was not as dramatic as it had been portrayed to the commission.
The arrests related to criminal cases first opened by MP Fadiel Adams at police stations in Cape Town and Orlando in Soweto, and later referred to IDAC by Adams after he suspected police interference in the investigations.
The arrests were further connected to allegations of fraud and corruption around the appointment of Dineo Mokwele, a civilian, as a brigadier in Crime Intelligence.
Khumalo previously testified that Mokwele was the best-qualified candidate, citing her mechatronics background as suitable for the unit’s covert operations.
Johnson dismissed as untrue suggestions that Khumalo was arrested because he was the coordinator of the Political Killings Task Team.
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