By Lesedi Sibiya-Diplomatic Insider 

The head of the Investigating Directorate Against Corruption (IDAC) Andrea Johnson began her testimony on Tuesday and has invoked her right to not be compelled to give incriminating information at Madlanga Commission of Inquiry. 

She invoked her constitutional right in regards to allegations that she disclosed a criminal docket to criminal intelligence operational support head, Feroz Khan, in a matter where he was under investigation. 

“The allegations are contained in a docket that is now with the NPA for a decision on whether I should be prosecuted and for further handling” said Johnson in her testimony. Johnson had taken the witness box for the first time at the Madlanga Commission in order to give her account of improper conduct. 

Back in 2018 she had allegedly decided to share an assault case docket in a matter that involves Feroz Khan. “Now that the matter is before the NPA, for a decision on whether I should or should not be prosecuted, various consequences emerge. One of those consequences is the need for me to have my rights protected.” she said. 

“I hold the view that the commission’s fact finding mandate does not override my constitutional protection against self incrimination under any circumstances” she added. 

She did emphasize however that her constitutional right does not absolve her of answering questions that the commission brings forth, that her rights only limit the case in which she would be incriminating herself. 

 Kobus Roelofse, who is a retired Hawks officer, was the one who had initially investigated the case, had shared with the commission that the sharing of the docket details had taken place before a warning statement was taken by Khan.

 Roelofse has said that he regards the sharing of the docket and the timing as improper conduct. Johnson has testified that she knew Khan personally; however in 2024 she decided to limit her communication with him after media reports had alleged a link to the murders of Cloete Murray ,who served as an insolvency specialist,  as well as his son Thomas.

 “In late 2024, media reports emerged concerning Gen Khan’s alleged involvement with persons allegedly linked to the Murray murders. Those reports concerned me because I had previously met with one of the Murray sons, who wanted to know whether IDAC could assist with the investigation. I informed him that IDAC could not assist but explained how he could escalate his concerns about the investigation to South African Police Service (SAPS) management “, said Johnson.

 Johnson will continue to answer questions at the Madlanga Commission on Wednesday.