By Lesedi Sibiya-Diplomatic Insider

Investigating Directorate Against Corruption (IDAC) Andrea Johnson had given her second day of testimony at the Madlanga Commission of inquiry as her testimony revealed certain flaws in the process which had been led to investigation of crime intelligence head Dumisani Khumalo.

Johnson’s testimony at the Commission revealed that she conceded that the IDAC never had a legal mandate to investigate Khumalo based on the information initially before it.

She had also expressed that she incorrectly took a subjective test rather than the objective reasonable person standard in accordance with the Section 27 affidavit which was submitted by MP Fadiel Adams, as she described the mistake as an “honest error”.

Johnson continued to reveal that the IDAC was not authorised to solicit complaints from the public. The Commission received word that the unit received Adam’s Section 27 affidavit and had become the default referral which was relied upon in order to justify the investigation.

The affidavit was prepared and applied after suspended Police Minister Senzo Mchunu had sent a letter that had no supporting documents and was inadequate to launch a lawful IDAC investigation.

Another point of note in this testimony was that Mchunu’s letter as well Adam’s original complaint had no legal weight for investigation to take place.

 Chair of the Commission, Justice Mbuyiseli Madlanga had questioned the IDAC head upon why there was failure to inform the Police Minister that the IDAC had no basis to act without a valid statutory referral.

Johnson also did not give any clarity stating that she was awaiting missing correspondence. Due to side effects that Johnson was experiencing through her medication the commission decided to adjourn her and resume her testimony for Thursday.