ZA's IDAC head Andrea Johnson suspension sought over Madlanga Commission admissions

• Public Interest South Africa has asked the Legal Practice Council to investigate former IDAC head Advocate Andrea Johnson's conduct.
• Johnson admitted that IDAC improperly sought formal authorisation to investigate after expanding the list of officials being investigated.
• Separate allegations have been raised about the unlawful disclosure of protected information in a criminal complaint against Major-General Feroz Khan, who was then head of Operational Intelligence Support at Crime Intelligence.
• The Office of the IDAC Oversight Judge is handling separate complaints against Johnson, and Justice Minister Mmamoloko Kubayi has reportedly considered recommending her suspension to President Cyril Ramaphosa.

Johnson conceded that IDAC improperly sought formal authorisation to investigate after expanding the list of officials being investigated.

A series of admissions made by former Investigating Directorate Against Corruption (IDAC) head Advocate Andrea Johnson at the Madlanga Commission has led to calls for her suspension. The commission, which is investigating allegations of corruption and misconduct in various government agencies, has been scrutinizing IDAC's handling of complaints and investigations. One such case involves National Coloured Congress leader Fadiel Adams, who was asked by IDAC to submit a Section 27 affidavit despite the directorate having no legal authority to solicit complaints. The affidavit itself named only three officials for investigation, but the list later grew to 12 names, with additional names reportedly added by IDAC's own investigator. Johnson conceded that IDAC improperly sought formal authorisation to investigate after the list had already been expanded. This admission has raised concerns about the legitimacy of investigations and complaints-handling procedures within IDAC.

The Legal Practice Council (LPC) has been asked by Public Interest South Africa (PISA) to investigate Johnson's conduct, citing her admissions at the Madlanga Commission. The LPC is responsible for regulating and overseeing the legal profession in South Africa, including investigating complaints against attorneys and advocates. PISA has also raised concerns about separate allegations that protected disclosures in a criminal complaint against Major-General Feroz Khan, who was then head of Operational Intelligence Support at Crime Intelligence, were unlawfully disclosed. This has led to calls for Johnson's security clearance to be reviewed by the State Security Agency. The Office of the IDAC Oversight Judge is also handling separate complaints against Johnson, and Justice Minister Mmamoloko Kubayi has reportedly been considering recommending her suspension to President Cyril Ramaphosa.

The developments surrounding Johnson's conduct have significant implications for the legitimacy of investigations and complaints-handling procedures within IDAC. The fact that Johnson admitted to contradictions in her testimony, including evidence she gave the commission contradicting earlier statements made to Parliament's ad hoc committee, raises questions about the integrity of IDAC's processes. Furthermore, the allegations of unlawful disclosure of protected information have sparked concerns about the security clearance of individuals involved in investigations and complaints-handling procedures. The outcome of these developments will likely have far-reaching consequences for the reputation and effectiveness of IDAC.

Lawyers should watch for potential implications on the legitimacy of investigations and complaints-handling procedures, as well as any updates on Andrea Johnson's security clearance and suspension status.

Source: Original reporting via AllAfrica