The newly established office of the Investigating Directorate Against Corruption (IDAC) Ombud will be expected to assess cases and recommendations that arise from commissions of inquiry.
This was announced by Ombudsman retired Judge Takalani Raulinga who said the office is tasked with handling misconduct complaints against staff within its jurisdiction.
He said this framework applied specifically to major corruption, commercial fraud, and financial crimes arising from commission of inquiry recommendations.
These cases would stem from matters officially referred to the Investigating Director by the National Director, and public complaints regarding the conduct of individuals within the Office’s jurisdiction.
Judge Raulinga made these remarks during the office’s first media briefing at Tshedimosetso House, Pretoria, where he outlined the mandate and complaint process.
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, announced the IDAC oversight office on July 10.
The office, established under Section 22A of the National Prosecuting Authority Act, has been tasked to safeguard institutional integrity by investigating abuse of power and maladministration, improper conduct by IDAC officials within the anti-corruption unit, and obstruction of justice or violations of rights during investigations.
“The office of the IDAC oversight judge investigates complaints concerning alleged improper conduct by persons who fall within its oversight mandate. These include prosecutors, investigators, deputy directors, seconded officials and other persons appointed to support the work of the Investigating Directorate Against Corruption, as provided for in section 7(4)(a) of the National Prosecuting Authority Amendment Act.”
“The office is responsible for investigating complaints concerning the conduct of persons who fall within its oversight mandate in matters relating to serious, high-profile or complex corruption, commercial crime or financial crime arising from: Recommendations of commissions of inquiry; matters referred to the Investigating Director by the National Director in terms of section 28(1)(b); Matters referred to the Investigating Director in terms of section 27, subject to section 26(2); and Complaints received from any person, including members of the public, concerning the conduct of persons who fall within the Office’s mandate,” said Judge Raulinga.
The establishment of this oversight body will serve as an accountability layer following testimony presented at the Madlanga Commission, after witnesses brought forward serious allegations against IDAC and its head, Advocate Andrea Johnson.
Johnson was accused of interfering in an assault probe involving Feroz Khan, a senior officer in Crime Intelligence.
IDAC was also accused of overstepping its legislative mandate by weaponising state resources and pushing criminal charges against Crime Intelligence bosses General Dumisani Khumalo and Major-General Nosipho Mandodo over an internal human resources dispute.
The sudden spotlight has drawn significant concern from President Cyril Ramaphosa and led to an urgent meeting between Kubayi, the National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi and Johnson on Friday, to discuss severe credibility issues and declining public trust.
Following the meeting, it was reported that Kubayi resolved to recommend to Ramaphosa that Johnson should be suspended and face an inquiry into her fitness to hold office.
Asked to comment on the reports, Kubayi’s spokesperson, Palesa Rammitlwa said the department has no further comment beyond what has been communicated in a media statement on Friday.
She said additional information on the work undertaken by the Minister and the NDPP will be communicated in due course.
In the statement, both Kubayi and Mothibi stated that they would address the IDAC matter without interfering with the Madlanga Commission’s processes.
Although Mothibi’s spokesperson Kaizer Kganyago refused to confirm whether Johnson is likely to be suspended or not, he said the discussions were about the allegations made at the Madlanga Commission regarding IDAC.
Presidency spokesperson Vincent Magwenya said Ramaphosa is keeping an eye on the developments at IDAC, adding that Ramaphosa is quite concerned at the revelations coming out of the Madlanga Commission.
“As and when he decides to activate any form of due process, we will communicate that action accordingly,” he said.
Meanwhile, Judge Raulinga said the office is aware that its brief comes during a period of intense public focus on matters currently before commissions of inquiry and the courts, adding that he has a duty to respect the processes of those institutions.
“The commissions of inquiry and the courts are appropriate forums to assess evidence and make findings that are sound in law. It would therefore be improper for this office to offer parallel commentary on ongoing proceedings, or to pre-judge any person or matter. The credibility of our legal system depends on each institution respecting the mandate of others,” he said, adding that his office has the statutory mandate and the institutional independence to deal with any matter that properly comes before it.
manyane.manyane@inl.co.za
