Mkhwanazi knew of crime intelligence boss Khumalo’s arrest, investigator testifies

KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi knew about crime intelligence boss Lt-Gen Dumisani Khumalo’s arrest in advance and filed an affidavit in a corruption probe against top cops, investigator Brian Padayachee told the Madlanga commission of inquiry on Tuesday.

During his testimony at the commission, Mkhwanazi described the corruption case probed by the Investigating Directorate Against Corruption (Idac) against Khumalo as one meant to block organised crime and political influence.

As the investigator in the case Padayachee told the commission the case was initially reported to Idac by MP Fadiel Adams and denied allegations of political influence or malice.

“I deny these allegations. They are baseless and devoid of merit. The Idac has sufficient evidence to sustain the charges in the criminal case against Lt-Gen Khumalo and other officials at crime intelligence,” Padayachee told the commission.

“I deny as baseless any allegations of political interference or hidden agendas in respect of the investigations that are conducted by the Idac against these senior officers with crime intelligence.”

The case against Khumalo has caused a stir within the police force and crime intelligence. Khumalo was arrested at OR Tambo International Airport in Johannesburg in June last year on charges of fraud and corruption relating to the appointment of an “unqualified civilian” Brig Dineo Mokwele in a senior post within the South African Police Service (SAPS).

There is no political interference. I have never received any calls or placed any undue pressure

—  Brian Padayachee, Idac investigator

Padayachee told the commission while Mkhwanazi criticised the probe in his testimony, Mkhwanazi in his interactions with him before the arrest showed no issue with the probe against Khumalo and other crime intelligence officers and filed an affidavit.

“He [Mkhwanazi] was aware Lt-Gen Khumalo was going to be arrested. I told him. He was aware other generals were going to be arrested. His response to me was that they must face their own situations. He was comfortable. There was nothing abnormal,” Padayachee said.

The commission did not shed light on the details of Mkhwanazi’s affidavit as the matter is still before court.

Padayachee revealed to the commission now suspended police crime intelligence operation support boss Maj-Gen Feroz Khan was a witness in two criminal cases involving senior crime intelligence officers before the Pretoria magistrates’ court.

He did not identify the cases, but Idac cases involving crime intelligence include the case against Khumalo and crime intelligence CFO Maj-Gen Philani Lushaba.

Other crime intelligence officers charged in corruption cases include:

• Maj-Gen Nosipho Precious Madondo;
• intelligence analysis and co-ordination head Maj-Gen Josias Lekalaka;
• Gauteng crime intelligence head Maj-Gen Zwelithini Gabela; and
• personnel security vetting head Brig Phindile Ncube.

The case against Khumalo has caused a stir between Idac and top cops.

Padayachee said there was no political interference in the case or “pressure” to pursue his former colleagues. Before being appointed as a senior investigator at Idac, Padayachee worked in crime intelligence.

“There is no political interference. I have never received any calls or placed any undue pressure.”