Former Investigating Directorate Against Corruption (Idac) head Andrea Johnson remains under criminal investigation as the government launches a six-month rescue of South Africaâs flagship anti-corruption unit.

Hit hard by revelations at the Madlanga Commission of misconduct and governance failures, the government is appointing new leadership â with an acting head from outside the Pretoria headquarters set to take charge within days â while conducting a comprehensive audit of every case handled by the scandal-plagued unit, which falls under the National Prosecuting Authority (NPA).

On Thursday, 30 July, Justice and Constitutional Development Minister Mmamoloko Kubayi and NPA boss Andy Mothibi made it clear that while Johnson had resigned as the head of Idac, the investigation into her was ongoing.

âThe oversight work does not stop because a person has resigned,â said Kubayi. âThe employment relationship has ended, but thatâs not the end of it. We believe strongly in accountability.â

Prosecutor allocated

Testimony before the Madlanga Commission revealed that Johnson may have started investigations to further personal interests, notably with the suspended deputy head of Crime Intelligence, General Fazel Khan, who faces charges of defeating the ends of justice and contravening laws regulating the possession of precious metals. The two flirted on WhatsApp and had a personal relationship, as reported here.

âI can confirm that Adv Johnson is being investigated and that the NPA has allocated a prosecutor. We will guide that investigation in the normal run [of things], and when the docket is ready, the investigating officer will submit it,â said Mothibi at a briefing on Idac and its future.

While the Idac head is appointed by the President, operational control of the organisation lies with the National Director of Public Prosecutions (NDPP), Mothibi.

Mothibi said a resignation does not shield anyone from criminal accountability. âThose found wanting will be held to account even though they have resigned. If there is evidence pointing to criminal action ⦠we will pursue those so they are investigated appropriately by SAPS and, when complete, we will make sure the prosecutorial decisions are taken.â

Kubayi said the government had decided that accountability alone would not be enough. Rather than waiting for the Madlanga Commission to conclude its work, it had begun rebuilding Idac itself.

âThe Madlanga Commission was established by this government, and we said we are not going to wait until it concludes its work. We will see action [as revelations emerge].â

The first step will be appointing a new acting head of Idac within days.

âWe are in the process of appointing an acting head, and we have decided to be cautious, and I have requested vetting,â said Kubayi, adding that she had decided against promoting someone from the unitâs current leadership.

âWe donât want to perpetuate the problems we have,â she said.

Despite the crisis, she insisted the institution remained essential to South Africaâs fight against corruption.

âWe have an institution here of huge potential. Idac shouldnât be closed,â she said, responding to a question of whether the institution should be replaced by a Chapter 9 body that answered to Parliament.

âIt is very painfulâ

Kubayi said the testimony emerging before the Madlanga Commission had been distressing. âItâs a painful reality to hear what is coming out. I must tell you it is very painful.â

She revealed that concerns about Idac had previously reached her office but said there had not been sufficient evidence at the time to justify intervention.

âOne or two things were brought to my attention, but not with evidence. Myself and the NDPP had about two conversations with Adv Johnson about it.â

Those concerns nevertheless prompted broader scrutiny inside the National Prosecuting Authority.

Kubayi said restoring public confidence in the unit was now paramount. âWe have to rebuild and protect this institution. It must never face what it has going forward.â

Six months to rebuild Idac

Mothibi said the NPA had already launched an intensive six-month programme to reset the organisation. It is clear he is leading the process.

âTo give appropriate attention to the Idac, we have developed a focused reset project. That project is going to be intense,â he said.

The overhaul will include governance, staffing, operational procedures, witness protection and integrity systems.

âStandard operating procedures will have to be reviewed and ensure there is segregation of duties [between investigations and prosecutions]. We need to review the structure and ensure we fill all the skills required.â

Vacancies would be filled, and lifestyle audits would be made mandatory.

Every case under review

The most significant operational announcement was that every investigation undertaken by Idac during its short existence will be audited.

âThe audit of the cases that are before Idac will ensure they were appropriately referred and authorised and prosecutors properly allocated,â said Mothibi.

The review, he said, would be strengthened through independent expertise.

âSection 38 [of the NPA Act] enables us to insource capacity from sound legal practitioners. We will invoke this.â

Mothibi said the public should expect measurable progress rather than promises: âEvery month, there should be improvement. We can assure the public we will work hard â six months because we need to turn around that entity quite quickly.â

Idac was established within the NPA in 2024 to investigate and prosecute complex corruption and State Capture cases. DM