Investigating Directorate Against Corruption (Idac) head Andrea Johnson faces serious accusations linking her to the law enforcement crisis currently under review by the Madlanga Commission, putting her job security in jeopardy. Furthermore, a CV she submitted late last year details her rise to leadership while tying her directly to the unfolding scandal.

Advocate Andrea Johnson. (Photo: Felix Dlangamandla)

It refers to a previously torpedoed investigative unit, work meetings that involved, among others, the South African Police Service’s (SAPS) controversial Crime Intelligence unit, and an individual who was recently arrested.

Before delving into the details of Johnson’s CV, here’s a recap of her situation.

Mounting accusations

Allegations against her recently surfaced at the Madlanga Commission of Inquiry —which is investigating accusations that a criminal cartel has infiltrated the state — and at a parallel parliamentary hearing.

A central allegation from the Madlanga Commission is that Johnson leaked the contents of a criminal complaint directly to senior Crime Intelligence officer Feroz Khan — the very individual named in the complaint.

Khan, who faces multiple accusations, has not yet testified before the commission after being wounded in a shooting late last month.

KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, who sparked the law enforcement investigation last year when alleging cartel infiltration, has also claimed that there appeared to be a rogue element in Idac, which Johnson denied.

Two conflicting narratives have emerged about Idac, which falls under the National Prosecuting Authority (NPA).

One is that it is maliciously targeting certain Crime Intelligence officers who are pursuing major criminals, while the other is that Idac itself is being targeted by state figures intent on concealing Crime Intelligence slush fund looting.

Last year, Idac arrested Crime Intelligence officers, including the unit’s head at the time, Dumisani Khumalo, over an allegedly irregular appointment. Khumalo is at odds with Khan, to whom Johnson allegedly leaked information.

Johnson was meant to testify before the Madlanga Commission last week, but on the way there, she was rushed to hospital and was booked off sick for a few days.

It was not immediately clear when she would testify.

Police proximity

Elements of the Madlanga Commission’s investigation, along with the broader scandal surrounding it, appear to point to details within Johnson’s CV from last year, which is available on the Department of Justice and Constitutional Development website, as she was among the candidates for National Director of Public Prosecutions.

Johnson’s CV from that selection process — which may have since been updated —details the various entities she has worked with. One section highlights her 2015 role as the acting coordinator for the PCLU (presumably the NPA’s Priority Crimes Litigation Unit), where her primary focus was counter-terrorism.

Senior Crime Intelligence officer Major General Feroz Khan. (Photo: Gallo Images/OJ Koloti)

According to her CV, Johnson attended meetings on PLCU matters with State Security, the Department of International Relations and Cooperation, and “crime intelligence”.

Her CV notes, “I have engaged with various stakeholders over the years both within the NPA and outside of the NPA. These included but are not limited to: SAPS in all its different units.”

While none of this suggests wrongdoing and points to cohesive work, Johnson’s alleged proximity to certain police officers, especially Khan, is now in focus because of what has emerged at the Madlanga Commission.

It previously emerged that Johnson’s husband was a Crime Intelligence officer (meaning he could work in the same circles as Khan), but Johnson said they did not communicate about their work.

‘Nothing to hide’ and an arrest

Meanwhile, Johnson’s CV lists “Mr K Behari”, identified as the “Divisional Head: Compliance” for the Ekurhuleni Metro, as a reference.

Khemraj “Kemi” Behari is the municipality’s head of legal services. Behari — who has testified before the Madlanga Commission — was placed on precautionary suspension late last year and was recently arrested.

According to a Daily Maverick report on his court appearance two weeks ago, Behari and a colleague allegedly received unauthorised salary increases despite the Ekurhuleni council explicitly rejecting the request.

The Madlanga Commission heard testimony that Behari and a colleague helped to protect senior Ekurhuleni Metro Police Department official Julius Mkhwanazi from disciplinary action relating to his dealings with organised crime accused Vusimuzi “Cat” Matlala.

Mkhwanazi is now criminally charged in several cases, including alongside Behari.

The suspended City of Ekurhuleni head of Legal Services, Kemi Behari, appears in the Germiston Magistrates' Court on 9 July, facing charges of fraud, corruption and defeating the ends of justice. (Photo: Felix Dlangamandla)

‘Nothing to hide’

When interviewed last year as a candidate for the national public prosecutions head, Johnson was questioned about listing Behari as a reference.

She explained that while she had known him for more than 35 years, he was “not somebody I engage with every day”. Johnson noted that she chose not to submit a fresh CV with Behari’s name deleted, because that might create the impression she had something to hide.

“I had nothing to hide,” stated Johnson. She added that she had contacted Behari following his suspension to inform him that his current situation meant she could no longer use him as a reference — indicating she has since updated her CV to remove his name.

Past meets present

An earlier chapter of Johnson’s career also places her within a saga cited in the unfolding law enforcement crisis.

From 1999 to 2004, Johnson served as a senior state advocate, and from 2004 until 2009, she was a deputy director of public prosecutions for the Directorate of Special Operations, widely known as the Scorpions. According to her CV, her tenure there ended when the elite unit was disbanded.

That shutdown occurred in 2009, the same year Jacob Zuma assumed the presidency — marking the beginning of an administration that lasted until 2018 and coincided with the era of State Capture.

Acting Police Minister Firoz Cachalia, who has addressed the parliamentary hearing investigating the same accusations as the Madlanga Commission, said the disbandment of the Scorpions was a “mistake”.

The acting minister of police, Firoz Cachalia. (Photo: Brenton Geach / Gallo Images)

The Scorpions, he said, “had a lot of success … but … there was pushback, there was a reaction, and there were concerns about the manner in which it went about its work. And then we disbanded that institution. I think that this was a mistake, and we can see that clearly… given where we are now and the problems we’re facing now.”

The Scorpions, like Idac, were housed within the NPA.

Before Idac became permanent, the Investigating Directorate was in its place, and a statement on the NPA’s website from 2022, attributed to Johnson and the then Deputy National Director of Public Prosecutions, Anton du Plessis, said some had described it “as the rebirth of the Scorpions”.

‘Serious credibility concerns’

It is now unclear whether Idac could suffer the same fate as the Scorpions.

On Friday, 17 July, the justice and constitutional development minister, Mmamoloko Kubayi, and National Director of Public Prosecutions Andy Mothibi issued a statement expressing concern about Idac:

“This follows testimonies by witnesses [at the Madlanga Commission], making serious allegations on the conduct of Idac officials and its head. This has raised serious credibility concerns and has visibly impacted on public trust in the Idac operations.”

According to the statement, Kubayi and Mothibi met with Johnson “to address these concerns and formulate practical solutions that will build public trust in institutions of government that are entrusted to deal with criminality.

“The steps taken emanating from this urgent meeting between the three will be communicated in due course. We urge the public to continue to support the Idac as no one is bigger than the organisation they serve.” DM