Lawyers representing Crime Intelligence head Dumisani Khumalo and intelligence analysis chief Nozipho Madondo have strongly criticised the Investigating Directorate Against Corruption (IDAC) following a failed attempt to arrest the two senior police officials.
According to their legal team, the operation was handled in a manner that they describe as “deplorable” and “contemptuous”, raising serious concerns about the conduct of the anti-corruption body.
The attorneys said IDAC officials informed both generals that warrants for their arrest had been issued and instructed them to report to Brooklyn Police Station carrying overnight bags. Khumalo and Madondo complied and arrived at the station accompanied by their legal representatives, but the anticipated arrests never took place.
IDAC Officials Allegedly Failed To Arrive For Planned Arrests
The generals’ legal team stated that IDAC officials did not arrive at the police station as expected.
According to the lawyers, senior IDAC investigator Dylan Perumal later informed them that senior management had directed that the arrests should not proceed.
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The legal representatives contend that the handling of the matter reflects a disregard for constitutional principles and accuse IDAC of using prosecutorial authority to pursue political objectives.
They pointed to Section 179 of the Constitution, which requires prosecutorial decisions to be taken independently and without fear, favour or prejudice.
Generals Claim Reputational Damage For Dumisani Khumalo, from the Arrest Process
In their statement, the lawyers argued that the actions taken by IDAC had already caused significant harm to their clients.
They said the events had resulted in reputational damage, emotional distress and professional prejudice, effectively exposing the generals to public judgement before any criminal trial could take place.
The legal team further warned that pursuing high-profile cases primarily for publicity could weaken public confidence in the justice system.
Call For NDPP To Review IDAC Conduct
The attorneys have called on the National Director of Public Prosecutions to intervene and examine IDAC’s conduct in the matter.
They said such a review is necessary to ensure that prosecutorial decisions are made fairly, independently and in line with constitutional requirements.
The lawyers also reserved their clients’ rights to seek legal remedies for what they describe as an abuse of power and a miscarriage of justice.
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Meanwhile, KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi was also present at Brooklyn Police Station.
He alleged that he too had been expected to be arrested and handcuffed in what he described as a pre-emptive response to claims that the generals intended to arrest IDAC officials.
