Independent Directorate Against Corruption (IDAC) head Advocate Andrea Johnson on Thursday refused to disclose the names of politicians implicated in the irregular awarding of the tender by the SAPS to attempted murder accused businessman Vusimuzi “Cat” Matlala.

Giving evidence at the parliamentary inquiry probing allegations made by KwaZulu-Natal commissioner Nhlanhla Mkhwanazi, Johnson said it would be irresponsible of her to mention who the suspects were until IDAC has evidence.

“I have learnt that you can throw a name and follow an investigation and it does not amount to evidence,” she said.

“There are several persons implicated regardless of ranking. As long there is evidence, IDAC will follow on that evidence and they will certainly be prosecuted,” Johnson said.

She was responding to EFF leader Julius Malema when he asked whether suspended Minister Senzo Mchunu and former minister Bheki Cele were among the people being investigated.

When Malema again asked her whether there were politicians IDAC was looking at, Johnson said “That is correct.”

Earlier, Johnson told the inquiry that the IDAC was investigating the R360 million contract that was awarded to Matlala and later canceled by the SAPS.

She said there has not been an investigation into Matlala as a service provider.

“We have a criminal investigation against SAPS members and other service providers where supply chain processes were circumvented or there is Public Finance Management Act (PFMA) contravention.”

Johnson also said IDAC received a referral from the SAPS risk audit unit on potential fraud and corruption or contravention of the PFMA.

The corruption-busting body had sought a cyber and search warrant after it was reported that Matlala was arrested and his cellphones seized.

The entity was afraid that the cellphones could be lost or data compromised.

Johnson said after making enquiries with Directorate of Priority Crime Investigation (DPCI) in Gauteng, national commissioner Fannie Masemola indicated that the gadgets were seized by the Political Killings Task Team (PKTT) and the unit would arrange for the devices to be made available.

She said an officer came to their offices with the cellphones in an evidence bag.

The cyber expert downloaded data from the cellphones in the presence of the officer presumed to be from the PKTT.

“During downloading and in the presence of the police official, the cyber expert made it clear that there were gaps as it became apparently data has been deleted. That will form part of his report, when data was deleted or information was missing.”

Johnson said they were continuing with the investigation into Matlala’s tender.

“There are many persons implicated in the SAPS, Matlala and his associates. That investigation continues.”

She, however, said IDAC was not involved in the tenders awarded by Tembisa Hospital, which were probed by the DPCI.

Johnson said the investigation into Matlala’s tender was authorised and designated an investigator and prosecutor in line with their internal processes, after they received the referral.

Chief evidence leader, Advocate Norman Arendse, SC, enquired whether the referral mentioned Mkhwanazi or Crime Intelligence head and PKTT project manager Dumisani Khumalo.

Johnson said they were not mentioned in the document they received.

“Lieutenant-General Khumalo and Lieutenant-General Mkhwanazi are not mentioned at all, nor the PKTT. It refers purely to tender process and other members of SAPS within the supply chain management processes.”

She however, reiterated that that were allegations that politicians were involved.

“We have to determine their level of involvement and whether that amounts to criminality.”

During her testimony, Johnson was asked about allegation by Mkhwanazi that IDAC was concerning itself with labour matters in Crime Intelligence, contrary to their mandate.

Mkhwanazi previously claimed that IDAC was targeting PKTT members and cases had been opened against them to instill fear and distract them.

He made an example of the arrest of Khumalo and seven senior officials, among others.

In response, Johnson said their investigation into Crime Intelligence was sparked by a complaint by National Coloured Congress leader and MP Fadiel Adams.

“In terms of collective matters that were referred to by Mr Adams, it was not one matter. As it stands at IDAC, they translate to six different matters.”

She said the complaint fell within the scope of their mandate and covered “state capture” aspects related to manipulation, gratification and by-passing of systems and processes.

 “These are still matters that fall within the ambit of IDAC for it to investigate and prosecute.”

Johnson was uncomfortable to discuss the matters upon seeing Adams in the meeting.

“It is somewhat of a challenge for me ethically,” she said.

Adams, who is not a member of the Ad Hoc Committee, walked out of the proceedings.

Malema said Adams, like any MP, can attend any committee but cannot influence their decisions.

“It is for Adams personal conscience that he left.  He does not influence how decisions are made here,’ he said.

Committee chairperson Soviet Lekganyane confirmed Adams was not a member of the committee and echoed Malema’s sentiments that Adams voluntarily chose to leave yesterday’s session.

“We have not taken a decision that he must leave,” Lekganyane said.

mayibongwe.maqhina@inl.co.za

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