Johnson ‘warned about lack of evidence in Gen Khumalo case but did not withdraw’

Two months after the Investigating Directorate Against Corruption (Idac) arrested top police crime intelligence generals in a controversial corruption case, deputy director of public prosecutions Peter Serunye warned of a lack of evidence in the case.

However, the matter was not withdrawn.

Serunye testified at the Madlanga commission investigating allegations that the directorate, under Adv Andrea Johnson’s leadership, abused its power by prosecuting crime intelligence generals.

Police crime intelligence head Lt-Gen Dumisani Khumalo and other generals were accused of hiring an “unqualified civilian”, Brig Dineo Mokwele, in a key engineering-related position in the unit.

Evidence presented to the commission showed she was more than qualified for the position.

Serunye provided evidence before the Madlanga commission showing he sent a letter to Johnson’s secretary in August 2025, two months after the officers’ arrests, flagging a lack of evidence to substantiate the corruption charge. He also questioned the basis of the “rushed” arrest.

“Having read the docket on 16 August 2025, I was not satisfied that the corruption charge was sustainable on the available evidence and current formulation of the charge sheet, and I said so in writing at the time,” he said.

Serunye said in the letter sent to Johnson’s office and investigators he questioned why the accused had been charged with corruption and what evidence in the docket proved corruption, as he could not pinpoint that.

“The arrest was rushed,” Serunye told the commission, adding that the allegations against the senior officials were serious.

“The questions I raised remained unanswered on the material in the docket. It demonstrated that the arrests had been premature,” he said.

“The nature of the unanswered questions demonstrated that the preliminary investigation had not been properly conducted; alternatively, that there was no case.”

Serunye asked to be taken off the case in September 2025 because he was homeboys with one of the accused, Gauteng Crime Intelligence head Maj-Gen Josias Lekalakala.

Lekalakala was charged together with police crime intelligence CFO Maj-Gen Philani Lushaba, intelligence analysis and co-ordination head Maj-Gen Nosipho Madondo, Maj-Gen Zwelithini Gabela, and Brig Phindile Ncube.

During her testimony at the commission, Adv Sesi Baloyi asked Johnson whether no lawyer had raised the deficiency in the corruption case which was triggered by a complaint from MP Fadiel Adams.

Johnson said no.

However, Serunye said it was not true that concerns in the corruption case were not flagged to Johnson.

“I did make it known to her. She was not truthful that she was not made aware of the concerns,” Serunye said.

“My view that the matter was rushed was communicated to the ID [Investigative Directorate] on 25 August 2025.”

Serunye provided the commission with an email he sent directly to Johnson in which he said that the corruption charge was not substantiated. He said Johnson did not respond to his concern.

Serunye told the commission that state prosecutor Drushantha Ramsamy and prosecutor in the case, Adv Joy Hlatshwayo, had raised concerns about the merits of the case.

“Once I was officially involved in the Mokwele matter, Adv Hlatshwayo and Ramsamy came to me to voice their concerns about the lack of evidence in the Mokwele matter. Since there had been no DDPP on the matter before my involvement, I could understand why they felt that they could not address these issues directly with Adv Johnson due to the power dynamic.”

The case against Khumalo and other generals was provisionally withdrawn by National Prosecuting Authority head Andy Mothibi last month, a year after it was enrolled in court.

Johnson also resigned last month while testifying at the commission on the collapsed case against crime intelligence generals.