Padayachee tells Madlanga Commission Brigadier was arrested for an alleged crime she had yet to commit

IDAC investigator Brian Padayachee told the Madlanga Commission on Wednesday that SAPS Brig. Dineo Mokwele was arrested and charged over an alleged crime that investigators believed she would commit in the future.

Padayachee conceded during his testimony that investigators could not say when the alleged offence would occur, but argued that uncertainty was precisely why they invoked Section 27 of the National Prosecuting Authority (NPA) Act during the investigation.

The revelation sparked intense questioning from the commission, with commissioners challenging how investigators could justify arresting and prosecuting someone over conduct they admitted had not yet taken place.

Mokwele is charged alongside Crime Intel. Head, Lt-Gen Dumisani Khumalo and several co-accused over her appointment to a senior brigadier post in the SAPS Technical Support Services (TSS) unit.

Responding to questions from co-commissioner Adv. Sandile Khumalo, Padayachee said the alleged benefit linked to Mokwele’s appointment would only arise later because of the position she had accepted.

He acknowledged that investigators did not know when the alleged unlawful act would occur.

“We do not know when that would be, but because we don’t know, that’s precisely the problem,” Padayachee told the commission.

His explanation was met with sharp criticism.

Co-commissioner Sesi Baloyi questioned how investigators could obtain arrest warrants, lay criminal charges and bring people before court while admitting they did not know whether the alleged offence would ever be committed.

“You formulated a charge, obtained a warrant of arrest, had people arrested and brought before the court, yet many months later you are saying, ‘We don’t know. Maybe she was going to do it in the future,'” Baloyi said.

“It cannot be right that this became the basis on which you instituted this prosecution and secured a warrant of arrest.”

Khumalo also challenged the timeline presented by investigators.

He pointed out that court documents listed the alleged offence as having occurred in October 2024, even though Mokwele only signed her employment contract in December 2024.

Her appointment officially took effect on November 1, 2024.

Khumalo questioned how investigators concluded that an alleged offence involving the acceptance of gratification had already occurred before key employment processes had even been finalised.

He stressed that the commission was not deciding whether any of the accused were guilty or innocent but was examining whether investigators had a rational and lawful basis for pursuing the prosecution.

The commission also heard that the SAPS TSS unit was recruiting specialised technical expertise rather than a traditional career police officer.

According to submissions before the inquiry, Mokwele’s qualifications in mechatronics and industrial engineering, together with her experience as an engineer at BMW, made her well-suited for the position.

Her legal team told the commission that the South African Qualifications Authority (SAQA) had verified her qualifications.

Mokwele holds a National Diploma in Mechatronics Engineering and a Bachelor’s Degree in Industrial Engineering.

Wednesday’s testimony followed another difficult appearance by Padayachee.

During proceedings on Tuesday, he also struggled to explain the decision to arrest Khumalo and his co-accused.

Padayachee is expected to continue his testimony before the Madlanga Commission on Thursday.

kamogelo.moichela@iol.co.za

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