Independent Directorate Against Corruption (IDAC) head Advocate Andrea Johnson said on Thursday that the Justice and Constitutional Development Minister Mmamoloko Kubayi has appointed a retired judge to play oversight over the entity and deal with complaints against its investigators.

Testifying at the parliamentary inquiry probing allegations made by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi, Johnson named Judge Takalane Joseph Raulinga as the inspecting judge whose five-year term started on October 11.

“We will engage with the honourable judge to work out the operating procedure. This is a recent appointment but it was an appointment that was in the making,” she said.

The inspecting judge will handle complaints from the members of the public and from staff at IDAC.

Former minister Bheki Cele during his testimony, raised concerns regarding what he deemed as lack of oversight on the IDAC, an agency within the National Prosecuting Authority (NPA).

“I would not complain about the work of the IDAC, but I can’t have a structure, such a powerful structure, that has no oversight.

“That would be my main complaint up to this point, otherwise, you will find the people running amok without anybody checking them and telling them to fall in line,” Cele said a few weeks ago.

Johnson said she heard Cele indicating that there was no body playing an oversight role at IDAC, unlike at the Hawks and SAPS.

She said when the NPA Amendment Bill was passed in May 2024 to establish IDAC as a permanent entity, there was provision that there be an IDAC judge.

Johnson recalled that IDAC had engaged the Hawks and SAPS before the bill was passed and Cele had chaired a meeting where they had discussed various aspects and implications of IDAC becoming a permanent agency.

“One of the issues Minister Cele raised was oversight. We discussed it and as part of the bill we requested there be an oversight mechanism in terms of a judge to oversee IDAC.”

Johnson said IDAC had no input in the appointment of Raulinga.

“The legislative provision asked for a judge to be appointed and that falls within the ambit of the minister and she has duly made that appointment,” she said.

Johnson said complaints against IDAC investigators had been dealt in a similar manner to those against members of the SAPS and NPA officials.

When ANC MP Xola Nqola asked Johnson how oversight was conducted at IDAC over the years, Johnson said they worked with matters within NPA processes.

“Discipline was dealt with through a disciplinary process. When issues related to presidential appointments, we escalated this to the Office of the Presidency. Where there were criminal allegations, dockets were opened and investigated and where there were allegations of comprise of data and security of information, we have a risk and security division working with State Security.”

But EFF leader Julius Malema said there had been no oversight over IDAC until the inspecting judge was appointed.

“There is no need to be defensive. There was no oversight and that is why now there is the appointment of a judge to avoid abuse of power by those in IDAC,” Malema said.

In her response, Johnson said her earlier response indicated the process they had followed in the absence of the judge.

“There was no judge. I do agree with you,” she said.

“However, we were not allowed to do as we pleased if that is the contention,” she said.

mayibongwe.maqhina@inl.co.za

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