Key Takeaways
- Fadiel Adams provided four affidavits to the Investigating Directorate of Corruption (Idac) on 6 January 2025, but a fifth affidavit was obtained later that night by chief investigator Dylan Perumal alone at Adams’ home.
- Idac officials Drushantha Ramsamy and Robert Raphesu testified that the fifth affidavit was not among those commissioned that day, creating a procedural contradiction.
- Former Idac head Andrea Johnson acknowledged the contradiction but claimed she did not know the source of the extra affidavit, while Adams implicated her in directing Perumal to obtain it.
- Adams stated that Perumal said he was acting on “the madam’s” (Johnson’s) instructions to obtain another affidavit and split the case into three parts, and that he heard Johnson’s voice on the phone during the visit.
- The late‑night affidavit bore an official Idac stamp, unlike the four earlier statements, which were not stamped because the team lacked a stamp.
- Commission chairperson Mbuyiseli Madlanga highlighted the impropriety of a lone investigator visiting a witness after hours and questioned why Adams had not been suspicious.
- Adams maintained he was not a willing participant, trusting Perumal as a law‑enforcement officer and feeling reassured by speaking to Johnson on the phone.
- The inquiry also revealed that Adams consulted retired Anti‑Gang Unit head André Lincoln and was assisted by a Crime Intelligence member linked to controversial officer Feroz Khan.
- The investigation initially targeted three individuals but expanded to include seven Crime Intelligence members, including top cop Dumisani Khumalo, whose charges were later withdrawn by the NPA.
- Following the testimony, President Cyril Ramaphosa agreed to Johnson vacating her post immediately, waiving her three‑month notice period, and Perumal has been suspended from Idac pending the inquiry’s findings.
Background of the Inquiry
The Madlanga Commission of Inquiry was established to examine allegations of impropriety within the Investigating Directorate of Corruption (Idac), particularly concerning the handling of a case brought by National Coloured Congress MP Fadiel Adams. Adams had originally lodged a complaint against three individuals, alleging wrongdoing that later expanded to involve a broader network of Crime Intelligence officials. The commission’s hearings have focused on the sequence of events surrounding the collection of affidavits from Adams on 6 January 2025, and whether procedural breaches occurred that could have influenced the direction of the investigation.
The Four Affidavits and the Fifth
On the morning of 6 January 2025, Idac investigators Drushantha Ramsamy and Robert Raphesu took four supplementary affidavits from Adams in their presence. Later that night, chief investigator Dylan Perumal visited Adams’ residence alone and obtained a fifth affidavit. Adams testified that this additional document was not part of the original set taken earlier and that it was produced at his home, printed, and signed there. The existence of this fifth affidavit became a focal point because it appeared to alter the scope of the case against Crime Intelligence members.
Testimony of Idac Officials
Both Ramsamy and Raphesu appeared before the commission and stated unequivocally that only four affidavits had been commissioned from Adams on that day. They affirmed that the fifth affidavit—later labelled the “A1 affidavit”—was not among those they had taken, nor had they been aware of its existence until it was presented to the inquiry. Their testimony created a clear procedural contradiction: if the fifth affidavit was genuinely obtained that night, it had not been sanctioned by the team that had initially engaged with Adams.
Andrea Johnson’s Stance
Former Idac head Andrea Johnson testified that she accepted the evidence of Ramsamy and Raphesu, acknowledging that the discrepancy posed a serious issue requiring explanation from Perumal. Johnson insisted she had no knowledge of how the extra affidavit originated and denied any involvement in its commissioning. Despite her denial, Adams directly implicated her, claiming that she had instructed Perumal to obtain another statement and to split the case into three parts.
Adams’ Account of Perumal’s Late‑Night Visit
Adams described Perumal’s arrival at his home around 9 p.m., noting that the investigator remained until approximately 11:30 p.m. He said Perumal was engaged in a lengthy telephone conversation with someone whose voice he recognised as Johnson’s. According to Adams, Perumal relayed that “the madam” wanted an additional affidavit and desired the case to be divided into three segments. Adams recalled hearing Perumal speak to Johnson but claimed he was not part of that conversation.
The “Aunty” and Phone Call Allegations
During his testimony, Adams recounted that after meeting the Idac team earlier that day, Perumal called him and said he had “submitted your affidavits to the aunty.” When Adams asked who “aunty” was, Perumal identified her as Andrea Johnson. Adams alleged that Johnson was dissatisfied with how his case had been structured and demanded “more meat” be added, prompting Perumal’s nocturnal visit to secure the extra affidavit before his scheduled departure the following morning.
Procedural Irregularities and the Stamp Issue
An additional anomaly noted by the commission was the presence of an official Idac stamp on the late‑night affidavit. Ramsamy testified that the four affidavits taken earlier that day lacked a stamp because the investigative team had not brought one with them. The stamped fifth affidavit therefore raised questions about its authenticity and whether it had been produced under proper Idac protocols or fabricated outside the standard procedure.
Commission Chair’s Questions
Chairperson Mbuyiseli Madlanga pressed Adams on why he had not found Perumal’s late‑night, solitary visit suspicious. Madlanga pointed out that three officials had initially travelled to Cape Town to take Adams’ statements, yet only Perumal returned to his residence after hours. Adams responded that he trusted Perumal as a law‑enforcement officer and felt reassured by hearing Johnson’s voice on the phone, which led him to perceive the request as legitimate rather than improper.
Adams’ Defense and Allegations of Participation
When Madlanga suggested that Adams’ inability to explain certain aspects of the process could indicate willingness to participate in a scheme, Adams firmly rejected the notion, stating, “I was not a willing participant.” He maintained that his actions were driven by trust in Perumal and the belief that he was following legitimate instructions from his superior. Commissioner Sandile Khumalo SC countered that the pattern of conduct resembled an effort to bolster weak cases, even if Adams himself did not recognise the impropriety at the time.
Broader Implications: Expanded Investigation and Charges
Adams’ original complaint named three individuals, but the Idac investigation eventually broadened to encompass seven Crime Intelligence members, including high‑ranking officer Dumisani Khumalo, who heads the Political Killings Task Team (PKTT). Khumalo and his co‑accused were charged with alleged wrongful hiring of Brigadier Dineo Mokwele. Subsequently, the National Prosecuting Authority (NPA) withdrew the charges against Khumalo and his associates, a development that intensified scrutiny over the integrity of the Idac process.
Outcome: NPA Withdrawal and Johnson’s Removal
In response to the evidence presented, President Cyril Ramaphosa agreed to Andrea Johnson vacating her position as Idac head with immediate effect, waiving her customary three‑month notice period. Dylan Perumal has been suspended from Idac pending the commission’s findings. The inquiry continues, with further testimonies expected to clarify whether the late‑night affidavit was a legitimate investigative step or an impropriety that tainted the case against the Crime Intelligence officials.