When anti-corruption leaders use legal shields to avoid transparency, they fundamentally compromise the public trust essential to their mission. This paradox transforms a tool of justice into a barrier against institutional accountability.
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Andrea Johnson denies dramatic Khumalo arrest
Added:The sickness shield shattered [music] for Andrea Johnson, but it seems now we've moved on to the self-incrimination trap. This is as she took the stand today at the Zondo Commission of Inquiry and exposed deep legal fractures in South Africa's top anti-corruption agency.
Let's break it down.
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>> Spread the fire and welcome back to SMWX. My name is Uzile Godliman, and today is a double-oh special by SMWX because finally, finally, finally, finally, we'll be able to put to rest the Uzile Oratile confusion that's been happening in the comment section. Ladies and gentlemen, I am Uzile Godliman, >> and this is Oratile.
If you get it wrong after today, you you just choose to get it wrong.
>> Guys, we cannot help you. We cannot really help you.
But, we can help you in understanding today's testimony at the Zondo Commission of Inquiry. Andrea Johnson, after the delay of hearing her testimony at the commission, as many would remember, she was scheduled to appear for the first time on the 13th of July, finally appeared at the Zondo Commission of Inquiry. Now, this is happening as she and the entity she's a part of are facing severe public scrutiny. There has been a potential suspension of her in her role that has been rumored, as well as reporting that she's considering resignation. All of this is happening at the same time as people are looking into forming an inquiry about her fitness to hold office.
Needless to say, this was a very big and a very important day for the IDAC head.
Now, we're going to start with a few of the important things that turned that turned out today in the testimony of Andrea Johnson. Now, at the start of proceedings, the IDAC council revealed that Johnson had formally requested to be divested of all responsibility regarding the criminal intelligence cases in and around the date of June 18th.
Now, this is a personal due to a personal conflict of interest with some of the parties that are reflected in these cases as well as some of the individuals who are involved in trying prosecuting a few of these cases. Now, the request was granted by the NDPP, which is the National Director of Prosecuting the National Director of Public Prosecutions, and the chairperson of the commission uh Chair Mbuseli Matlanga expressed deep exception to this, saying that he does not understand whether a statutory head could legally choose to walk away from their powers. Now, these powers are inherent to Johnson's actual office, and at least by Matlanga's interpretation, they would need to be explicit legislative backing behind this move on Andrea Johnson's side.
All of this pretty much was indicative of how the day's testimony would go as Johnson and her legal team took every possible step to try and limit the scope of what commissioners and evidence leaders were able to query Johnson on.
One of the things that really popped up was that in her third sworn statement, Johnson had explicitly invoked her constitutional right against self-incrimination. This is the section 35 three uh subsection J.
or ruin that you you made use of.
Effectively, she declined to answer questions that were regarding the allegations that she emailed an assault docket concerning crime intelligence head uh Major General Faroes Khan and used Khan's own private Gmail account. Now, this subsequently was matched with instructing an officer to delete the email. That's creating a trail of an apparent cover-up.
Johnson cited the information that the NPA is evaluating whether to criminally prosecute her over this leak or not. This is a not just a strategic but a procedural mishap on the side of Johnson.
At a time when she's trying to demonstrate both to the president who appointed her in her role, but also other stakeholders who interact with Idec that she is still competent to hold the role, but you know, but I think as I was listening to this, I couldn't help but get a sense that this is the form of at least lapses in judgment that have become indicative of the systematic intrusion and cover-up of the police structures.
>> Yeah, so I I firstly want to concur with what Justice Madlanga had issue with regards to Advocate Andrea Johnson, you know, saying that she simply was able to request to be removed from oversight over the Lieutenant General Khumalo case due to controversy that surrounds her and that case. And I concur not only I mean Justice Madlanga, more of a legal expert will know what basis from a legal point of view in terms of her um responsibilities according to the act are.
But I think as the head of IDAC, she provides oversight over the institution.
She needs to take accountability and responsibility for the prosecution decisions that IDAC makes because she in turn approves all of these prosecution decisions. So I also just don't accept that she chose to walk away and request to be removed from the situation whereas she possibly played a a major role in the decision being made to prosecute in the first place. And there was actually a bit of a back and forth between her being at Advocate Andrea Johnson as well as Commissioner Khumalo. Commissioner Khumalo saying, "Well, look, this letter that you received as a reply from the DPP, the Director of Public Prosecutions, simply says that they concur with the decision that you have already made to prosecute." And of course before that she was saying that she didn't make any decision. She rather she didn't make the final decision to prosecute. So that being the first thing I concur with Justice Madlanga on that being a bit weird. On on the Khon one as well, we also learned through the testimony today that Andrea Johnson, Advocate Johnson, head of IDAC does have or did have a work and non-work relationship with Major General Khon who who works or was a senior official at Crime Intelligence.
She did confirm that she attended Khon's birthday party. I think his 50th birthday party must have been in 2020, I think.
>> Yeah.
>> Um with her husband uh she did confirm that they had WhatsApp communication that was not of a work-related uh uh form at some stage, but she slowly removed herself from that relationship after the incident where the one of the victims in the Marikana murders came to her and explained that Major General Khanyile is allegedly involved in in in that case, and that's where she said she decided to withdraw, but so I think we've learned partly new details about some of these cases, but I I just like Justice Madlanga can't accept that the head of an institution simply can just request to for leave >> Mhm.
>> of accountability. And if you remember the reason why National Commissioner, who's now uh suspended, Khehla John Sitole of SAPS is in the dock is simply because he performs oversight over the police.
>> Yeah.
>> And and and this whole Cat Motlatsi you know saga because of the public uh finance management act and his role as oversight over the institution is implicated.
>> Mhm.
>> So so I agree with Justice Madlanga.
>> Yeah. Now, I think it it's it's part of this at least ongoing theme at the commission. We have all of these big oversight heads. They come and they're supposed to at least give the commission a detailed understanding of what were the operational failures and what role they played, but they seem keen to pass the buck >> Mhm.
>> and just throw people under the bus.
>> Yeah.
>> I mean, at least that's some analysts were interpreting that as the reason why she's let uh Brian Biyela go first cuz he he took the majority of the heat she was supposed to get.
>> Yeah.
>> It's the craziest thing in the world.
>> And and a similar thing happened with documents at the beginning of the session.
>> Mhm.
>> Was that there were docket documents, sorry, not dockets, that were subpoenaed.
>> Mhm.
>> And she said, "Well, I That's how the recusal thing came up. Well, I'm not involved with that. They must be asked for from a relevant person in I dig and advocate my capacity is seeing well, we subpoena I dig as an institution and you as the head of the institution can then instruct whoever has custody of those documents to hand them over. So, I think you're right.
There has been sort of a trend of of what I I'll call a leave for accountability from these institutional heads.
>> Hey guys, I don't know what you think. I think it's a symptom of Malan and itis.
>> [laughter] >> That before you get it, you you you try to throw others under the bus for the actions that you're supposed to take accountability of. But then another thing that popped up was the involvement that advocate Johnson well, at least purportedly had and this was in relation to the arrest of crime intelligence head Dumesani Khumalo Lieutenant General Dumesani Khumalo. Now, Johnson pushed back after she was queried about the June 2025 arrest of Khumalo at OR Tambo International Airport. Now, the whole basis of this was that the allegation is that this was a politically motivated action on the part of Johnson and I dig to effectively humiliate Khumalo and to even go as far as using this as uh pretty much evident prima facie to say that [clears throat] he is complicit in actions that compromise him and his ability to participate in the political political killings task team unit.
And Johnson pushed back against this.
Now, her defense was that one, the professionalism of the officers and the agents that were involved in Khumalo's arrest was stellar. There was no impropriety and Khumalo was not treated in a way that at least could indicate that some form of a vendetta or agenda against him to pin him down or to put him down was being carried out. In fact, she even references that he asked for a drink and the officers that arrested him actually stopped at a petrol station to get him his drink.
Guys, I I want people who are Saturday cruisers on the highway and get caught to try maybe see if the officers will let them stop at a filling station. I don't know. I think that's special treatment to I think it's special treatment, but I don't know how other people see it.
But nevertheless, she pushed and stressed very hard that she if that was the intention, she was not in any way involved in trying to pin down Khumalo in that way.
Now, this kept on as the commission grilled her over the section 27 referral uh submitted by MP Fathuwel Adams. Now, the section 27, this refers to a legal provision in the South African law that allows any person to report suspected criminal activity particularly related to corruption or state capture directly to the NPA via sworn affidavit. Now, this section 27 referral by MP Fathuwel Adams sparked was the one that sparked the Khumalo investigation regarding the controversial appointment of the former BMW employee. I think his name was uh uh Dinao uh Mokwena who was then acting as a brigadier within uh the crime criminal intelligence at the time of Khumalo's leadership. Now, this was obviously a very big topic because as Mkhwebane pointed out that Adams' affidavit contained sweeping suspicions of systematic capture without providing underlying concrete facts.
Now, if you study law, you know that Mkhwebane's pretty much going the long way of saying it was all hearsay.
What actual evidence was given to you at the time you took this Section 27 referral and decided to act on it.
Now, Johnson pushed back very hard on that and this in fact was related to some of the items that she and her legal team said that they were un- like unable to give full and conclusive answers to at the time.
Mkhwebane earlier I I understood them to say that where they are right now they believe that they acted within what the due process was for someone in her role having received that level of a document, at least that that level of a referral.
>> Yeah, so I think it's also been uh uh uh quite quite an aspect that's been troubling me and I know that I've been having also conversations with Caesar on the side to say, "How exactly does this body called IDAC works work?
Um who refers matters to IDAC? How are What are they able to investigate? What you know, what are the lines and so forth?" So, I think it was quite important that we actually um got some focus on on this. And in her affidavit in her statement, she also does, you know, specify that um according to Section 7 of the act that they the matters that they tend to are investigations that uh related to serious high-profile and complex corruption uh commercial financial crimes.
>> Yeah.
>> And these are cases that arise from recommendations of commissions of inquiry. um referrals by to the investigating director who's the head of Idec >> Mhm.
>> by the national director which is the national director of public prosecutions of the NPA or referred to in uh in terms of section 27 which you've just explained as a referral.
>> Mhm.
>> So I think it's very important to understand then how and where do Idec get them get the matters that that that they look at.
And I I I think on the Kumalo issue the first thing is that I think it's a very serious allegation. [snorts] Actually, she also repeats in her statement that this was almost like a state capture of crime intelligence.
>> Mhm.
>> Uh she says like you've said it's a systematic capture of basically procurement within crime intelligence.
um She alleges in detail at the commission that allegedly these appointments and we obviously got to clarify that it was just this one appointment of Brigadier Mkwena.
um was a way for the divisional commissioner for crime intelligence being Lieutenant General Kumalo >> Mhm.
>> was able to get and and make use of crime intelligence funds which are without um going you know the long way through and having placing people that he'll be able to strong-arm allegedly into being able to to make use of these funds. So I think these are serious allegations.
What we also learned >> Mhm.
>> Sorry, just before coming to that. So we know then that is how the matter fell with Idec. It was from Faried Adams >> Mhm.
>> as a referral.
And I think maybe perhaps tomorrow when the commission resumes we'll get the commissioners and the evidence leaders probing more on that because there seems to have been another referral which came before that which was from the minister.
And perhaps tomorrow again we'll hear more about that.
But I think an important detail on these referrals that we got today is that Paul O'Sullivan who claimed that he also referred this matter to Idec.
The Idec investigating director confirms today that they did not receive any referral from Paul O'Sullivan.
So either Paul O'Sullivan was not being completely honest or you know fell it fell into the wrong email or something like that but those are I think some of the important things that we got out of that um section of testimony about the referral of this case to Idec.
>> Yeah. It's actually concerning that O'Sullivan well he either is lying or there is clearly a pipeline problem between when information's received and it actually making it to the ears it need to. I don't know I I don't think it's the latter.
>> You don't think it's that?
You don't think it's a home affairs situation?
>> I don't think this landed in some wrong email by mistake. I I just think allegedly the man was bluffing.
>> Yeah.
Well we we we've seen enough to suggest as a character witness O'Sullivan does leave more questions following his testimony than he does answers.
But to wrap up on Andrea Johnson's advocate Andrea Johnson's testimony today one of the things that did pop up and a lot of media did cover this was a death threat reported death threat that Johnson had received. Now this was shortly after Komala's arrest. She says she received a direct death threat on her cell phone stating "Mrs. Idec you and your Shabala.
Uh, Pariachi Balochum and uh, Perumal Hey, guys. Perumal.
>> Yeah.
>> Yeah, guys. You guys see I'm I'm If I was a school teacher, I'd be that one at assembly you would not want me to call your name. I apologize.
But, effectively saying that they've gone too far and that they need to get their own body bags ready.
Now, this was obviously very startling to the commissioners because commissioners cuz what it indicates is that people at that senior level and IDAC were not fully protected from individuals and interests that were trying to sway their decision-making or at least in an attempt to intimidate them in their work. Now, this has been this entire testimony demonstrated an unprecedented crisis for the NPA vanguard.
Now, what it at its core when the head of South Africa's premier anti- corruption directorate is in a position where there's certain things she cannot disclose because it could incriminate her and is also in another position where she is effectively negating her duty of office to avoid being fully implicated in docket leaking to a or at least what we now see as a compromised police general.
It does a lot of things to erode the moral authority of the entity that she leads, which is why she is I think it's safe to say embattled in her role.
I think it's fair to say that she's embattled in her role.
But, furthermore, what it does is that her testimony does leave more questions about the actual efficacy of IDAC as an institution.
And if the head is unable to answer on some of its well, let's be very blunt about this, some of its big mess-ups.
The chain below her, how much information on cases and matters that they've failed to fully deliver on has not made its way up the chain.
>> Yeah, no, I I I and I think I've said this also previously before that I think there are and and and I know the focus right now is on IDAC, but I think it's also just an institutional governance um issue that you'll find in many state-owned enterprises. You'll find in many government institutions and I'm actually quite glad and I think it's been long overdue and I know Bheki Cele, our former Minister of Police, complained about this at the ad hoc committee when he was testifying.
>> Yeah.
>> That there isn't a judge or a body or a tribunal that oversees IDAC and that's why it can be sometimes seen to be a law unto themselves. So, I'm glad now that the Minister of Justice and Correctional Services, Minister Ronald Lamola, Kubayi, recently has appointed >> Mhm.
>> I'm not sure if she appoints or the president appoints, but there's been a judge that has now been appointed as um an IDAC oversight judge and actually [clears throat] just before we record today, confirming releasing a statement that same office that they have already received complaints and I'm reading this to be multiple complaints specifically against the head of the the the investigating directorate being Advocate Andrea Johnson.
>> That's not good.
>> so, it will be interesting to see how that plays out. They they obviously also made it clear they don't normally come out and say this is who we've received complaints about, but given the public interest in these cases, um, they feel it's necessary to confirm that they have already received complaints about Idec boss Andrea Johnson.
>> Doesn't look like she's keeping her job.
>> Yeah, look, we did an episode last week, go check it out, where we we we've received some you know, we've seen some media reports, particularly by, um, The Brief Network as well, yeah, alluding to the fact that look, she might be on the verge of resigning. Um, there's been media reports in the last few days that uh she met with the minister last week Friday and the minister is has recommended to the president to suspend the Idec head. And, you know, constitute an inquiry into her into her fitness to hold office.
>> Um.
>> So, it'll be interesting to see, you know, whether the president, if that is true, whether the president acts on that.
>> Guys, it's not looking good for her.
But, I want to move from Andrea Johnson to another figure that is known to the Matlala commission of inquiry, whose testimony as well has been delayed and we are going to be waiting to see if we'll hear it.
And that is the testimony of Vosloorus Katlego Matlala. Now, Matlala had a setback rather in court today. Now, this is as the attempted murder trial against her for the hit the alleged hit on her on his then ex-girlfriend uh Deborah Baloyi.
>> Yeah. So, so Matlala has has And this is I think this is the modus operandi of the PKTT that they've always explained that they don't necessarily arrest the person yeah, that they're investigating, their suspect on the particular case that they're working on >> Um.
>> on peripheral cases that they may be they may have against them while they strengthen their case against them.
Yeah. So, this was that case for Vosloorus Katlego Matlala. He had been arrested on the attempted murder of his then ex-girlfriend um Dlamini and now because the trial has started yesterday, we know that it's attempted murder for her.
It's attempted murder on DJ Vetkuk whose real name I think is Siyanda Ketwa.
It's attempted murder on Joe Sibanyoni who's popularly known as Joe Ferrari a taxi boss in South Africa.
So, five accused there.
The first two accused are the ones to be allegedly directly involved in the hits or attempted hits being Mose Sekwati and Floyd Masele. Vusi Matela is accused number three. His wife Dlamini is accused number four and accused number two's daughter is accused number five.
Um so it's an interesting case that we need to we need to keep an eye on. 25 charges that are in that case including attempted murder, conspiracy to commit murder.
Um and I think it started off yesterday with a debate about court dates um because a previous court order was that this case will continue for 30 days uninterrupted from this past Monday.
So that was a challenge because one of the defense lawyers is unavailable for some dates in August and that created a big debate. And the reason I think that's important for us to talk about today is to what extent that impacts Matela's appearance at the Zondo Commission.
Because if you remember his appearance last week with his um legal representative one of the main issues was that look he's got a trial that starts next week.
And they seek the postponement. The Zondo Commission and the lawyers came to an agreement and I think the date is the 1st of September.
But this trial overruns until the 18th of September. So it'll be interesting then to see if Matela appears on the 1st, is there going to be another application to postpone until this trial is finished um because this trial will continue on every single day besides that gap in August. I think it's about two weeks.
So so it'll be interesting. Today witness one appeared, the security guard who was at the golf estate where the attempted murder on Joe Sibanyoni happened.
And he was just giving testimony on what had happened. They tried to the state tried to show us CCTV footage of this and the defense obviously had some issues with with the flighting of this this footage.
But I think this is a trial that we we need to keep our eye on.
>> Mhm.
>> Cuz cuz a lot of the details in there might affect some aspects that might be interesting to us when when he reappears at the commission in September, we hope.
>> Yeah.
And it's very interesting cuz also the argument that his lawyer was making is that we don't want to be in a position where evidence he renders here affects trials outside.
But also now it seems the case could end up being vice versa where what comes out at this trial ends up impacting what he gets queried on at the Metlhaola Commission.
>> Yeah, cuz we've heard at the commission before. Um Joe Ferrari Sibanyoni's name has come up in the evidence of Mhm.
Sergeant Fannie Mkhosi, if I remember well, in the evidence of Gareth Ngesi, who was a CFO of Tshwane, and then multiple other witnesses.
So I imagine he's already a name that the commissioners and the evidence leaders have started to wrap their heads around how, you know, they piece the puzzle, how he fits into the puzzle potentially or or allegedly.
So yeah, it'll be interesting then as that case plays out to see if any of those details are relevant to what the commission is probing according to its its terms of reference.
>> Yeah.
Guys, to quote advocate Matthew Chaskalson, Ziyakhala makhosi. [laughter] But that's not where we end off because news from Cape Town, parliament's impeachment committee has announced a list of its top legal team that will be helping it unearth a lot of the detail around the palapala matter.
Now, I believe we have a list of the names actually.
>> Yeah, so this is not necessarily announced as a team yet, but if you remember political parties were requested by the 10th of July to submit >> [snorts] >> suggestions or recommendations for the evidence leader and then there was an agreement in the committee that once the evidence leader is appointed that evidence leader will play a role in appointing the assistant and the juniors to to that evidence leader.
So we've got some names that have been submitted by some of some of the political parties. Some of the political parties have submitted names of people that aren't available.
>> Yeah.
>> So we won't necessarily focus on that, but the first being advocate Kate Hofmeyr SC.
>> Yeah.
>> She was prominent at the Zondo Commission as an evidence leader.
There's also advocate Vuyani Ngalwana SC who was who's also a prominent senior counsel.
There's advocate Ishmael Jamie SC and there's also advocate Boulez Seleka who is also who was also an evidence leader at the Zondo Commission.
>> Sure.
>> So the impeachment committee meets tomorrow >> Mhm.
>> to discuss the inputs to the terms of reference, hopefully adopt the terms of reference >> Yeah.
>> and also to to finalize this list on evidence leader. So it'll be interesting to see which of these names come from which parties and and you know who eventually after all the processes have been becomes the evidence leader of the much awaited impeachment committee.
>> And that's also happening in the background of this Friday at least news coming through that >> Confirmed, yeah.
>> Confirmed that the judgment will be coming out on the >> This Friday.
>> This Friday 24th July >> 10:00 a.m.
>> 10:00 a.m. Cape Town.
This is in relation to the impeachment committee stuff.
>> In in relation to the interdict. So, if you remember last week >> Ramaphosa on the impeachment committee.
>> we were in Cape Town for President Ramaphosa's interdict application to you know, stop the work of the impeachment committee and the impeachment process as a consequence.
So, Advocate Tembeka Ngcukaitobi who represented the president stated his case. Advocate Dali Mpofu on behalf of MKN UAT >> Mhm.
>> Advocate Anton Katz SC on behalf of Advocate [snorts] Vuyolwethu Zungula and the ATM >> Mhm.
>> Advocate William Mokhari SC was on behalf of the impeachment committee. And Advocate Mfesane Ka-Siboto who was on behalf of the EFF all made their submissions before the Western Cape High Court last week in the interdict application. And that judgment is delivered this Friday.
>> This Friday. So, if the committee proceeds and then they adopt terms of reference.
And then now Friday, say the court I don't I wouldn't see how, but say the court does rule for Ramaphosa.
>> It it's it's certainly it it brings them to a grinding halt.
>> It does. It does because I mean as much as they might have whatever feelings about how that how the Western Cape High Court might come to that decision.
It'll be interesting to It'll be and I and I suspect they'll probably be >> Yeah, there'll be legal challenges.
>> and challenges on that decision. But yeah, Friday is the day we all find out whether the president's interdict application will be successful or not.
>> Ah.
>> [clears throat] >> I can tell you right now the speaker and the president are really hoping it goes one way.
>> Yeah, stay tuned to SMWX. We'll we'll bring you the latest on Friday.
>> Shout out, guys. But that's all we have for you today. So, if you really enjoyed today's video the double O special as I like to call >> [laughter] >> I like that.
>> Make sure to like, share, and subscribe as SMWX is on its way to half a million subscribers. Until next time, fam. Let's keep spreading the fire. Ayeye. Yeah.
>> [singing and music] [music] [music]
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