Madlanga Commission | Adv Johnson's application of law questioned

[00:00:00]The Maduna Commission's continued probe into Idec's fraud and corruption case against crime intelligence boss Lieutenant General Dumisani Khumalo and other high-ranking officers intensified after Idec head advocate Andrea Johnson's test to the suspicions by MP Fali Adams in a section 27 referral affidavit which triggered this case raised questions.

[00:00:22]>> It is only now that you have clarity as to what exactly the test is.

[00:00:30]There is a test which is not subjective as you suggested it was or a test which does not seek to mix a subjective and objective test. It is simply objective. So, before now you had uh I feel bad to have to use this word, but your understanding was this muddled view of what the test was.

[00:00:58]Which muddled view came out as I engaged you. So, that was your understanding until now until during this engagement.

[00:01:07]Is that a fair suggestion to you?

[00:01:11]>> It is fair.

[00:01:13]>> In addition, the commission heard earlier that the referral actually emanated from the office of the Minister of Police Senzo Mchunu in a letter to Idec. The said letter was void of anything that would constitute a section 27 referral that engages Idec's jurisdiction. But, Johnson did not write to the minister to communicate this.

[00:01:32]Prompting the question, was she fearful of the minister?

[00:01:36]A suggestion Johnson rejected.

[00:01:39]>> If you are not fearful of the minister, why then did you act? What motivated you to act in circumstances where there was nothing in the content of the letter from the minister.

[00:01:56]You were not fearful of the minister as you suggest, but you still went ahead regardless and gave the instruction that you gave to Mr. Perumal. What motivated you?

[00:02:11]What was the motive behind your action?

[00:02:14]If it was not fear of the minister, what then was the motive for you to act in the manner in which you did?

[00:02:22]>> It's to follow It's to follow up on is there a section 27?

[00:02:29]>> To add to this, the commission heard evidence that I Dex solicited a section 27 referral affidavit from Adams following the letter from Cronus' office. Instead of asking the latter's chief of staff, Cedric Gabinde, for the affidavit.

[00:02:43]It also seems that I Dex launched an alleged parallel investigation which had nothing to do with the interception of dockets, which is what the letter is concerned with.

[00:02:52]>> Why is um Mr. Adams' affidavit not confined specifically to the complaint he had laid with the minister?

[00:03:04]>> Is it was that at the instigation by I Dex. It can only be at the instigation of I Dex.

[00:03:12]>> The hearings continue. Kenny Maphanga, SABC News, Pretoria.