Head of the Independent Directorate Against Corruption (IDAC) Andrea Johnson has conceded that her office received a complaint from National Coloured Congress MP Fadiel Adams, contradicting evidence she previously gave to Parliament's ad hoc committee.

Johnson initially told the Ad Hoc committee that IDAC's investigation into Crime Intelligence did not arise from Adams's complaint. However, she later told the Madlanga Commission that the investigation was initiated after receiving Adams's Section 27 complaint.

Johnson also conceded that IDAC solicited the affidavit complaint from Adams after receiving a letter from suspended police minister Senzo Mchunu who requested a progress report on the case against crime intelligence head and project coordinator of the Political Killings Task Team Dumisani Khumalo.

Commission evidence leader advocate Mahlape Sello asked Johnson to explain why she had previously told Parliament that she had not received the complaint directly from Adams but was now saying that IDAC had "The two are contradictory. Which is the true position? Is it what you stated to the ad hoc committee or is it what you said to this commission?" Sello asked.

Johnson acknowledged that her earlier evidence at parliament had been incorrect.

"My office did receive the Section 27. That is the position. I received a Section 27 deposed to by Mr Adams dated 21 November 2024," she said.

Johnson also told the commission that she had not been aware Adams had referred the matter to Mchunu and said she did not initially remember receiving correspondence from Mchunu's office.

However, evidence before the commission showed that Mchunu's chief of staff, Cedrick Nkabinde, had requested a progress report from IDAC on the matter weeks before Adams formally submitted his complaint regarding Khumalo.

Johnson said Mchunu's correspondence did not include supporting documentation and that IDAC therefore requested additional information from Adams which became the formal complaint.

The commission heard that Adams's affidavit mentioned only three individuals for fraud and corruption which include Khumalo, Major General Nosipho Madondo and Major General Philani Lushaba but IDAC's investigations included eight more officers.

Commissioners questioned how the names of a further eight officials appeared in the application despite no investigation having been conducted at that stage.

Johnson initially said the names came from the IDAC prosecutor Tyron Ramsamy but later said the additional names originated from Adams after discussions with IDAC investigator Dylan Perumal.

Commissioner Sesi Baloyi said the evidence suggested IDAC lacked proper standard operating procedures, referring to Johnson's earlier testimony about the way she and her investigators handled complaints.

Baloyi said Perumal could not be faulted for acting independently by soliciting further names from Adams if there were no clear protocols governing the investigation.

Commissioner Sandile Khumalo asked Johnson what factual basis existed for including the additional eight suspects in Adams's complaint.

Johnson said she could not recall how the names were added and accepted that they should not have been included.

"I have to concede, Commissioner Khumalo, in the absence of there being a link between what is said in the Section 27 [Adams' affidavit] and the list of names, then they should not be included," she said.

Baloyi said any attempt to implicate additional individuals should have been supported by a supplementary affidavit from Adams rather than a verbal discussion or an attached list of names.

Baloyi criticised the decision to launch an investigation based largely on Adams' affidavit which the police inspector Peter Jacobs concluded lacked sufficient evidence.

"You have acted on his affidavit solely on suspicion. You did not have any facts to sanction anything on his affidavit," Baloyi said.

She also questioned why Johnson had not referred to Adams claim that classified Crime Intelligence documents had been pushed under his door and forwarded the matter to the appropriate authorities. Johnson conceded that she should have done so.

Johnson further told the commission that she had been unaware of an inspectorate report compiled by Jacobs and sent to Mchunu, which concluded that Adams's affidavit did not contain sufficient evidence to justify an investigation.

IDAC investigator Brian Padayachee previously told the commission that Adams opened six cases against Khumalo at Western Cape and Gauteng police stations. He subsequently sent an email to Mchunu to alert him of the stalled case dockets.

Johnson said after the investigation was initiated she requested the case dockets from SAPS divisional commissioner Lieutenant General Hilda Senthumule, who informed her that the files were with the police inspectorate under Jacobs.

Baloyi highlighted that this was after Johnson sanctioned an investigation and asked why IDAC had not first sought information from SAPS before deploying investigators.

"Before you make the decision to investigate, is there a reason you don't inquire with SAPS? They are your sister agency," Baloyi asked. "How is that not the first thing you do instead of deploying resources?" Baloyi asked.

"I did call. I called Lieutenant General Senthumule," Johnson said.

Baloyi pointed out that the call was made only after IDAC had already decided to investigate based on Adams' affidavit which was submitted at the request of IDAC.

Johnson agreed, adding that had she known the dockets were already with the inspectorate, she would not have initiated the investigation.

The Ad Hoc Committee convened while Johnson was testifying before the Madlanga Commission, where she conceded that she had misled Parliament. ANC MP Xola Nqola informed the committee of the development, prompting MK Party and EFF members to accuse Johnson of committing perjury and call for the admission to be reflected in the committee's draft report.

MK Party MP David Skosana said he would open a criminal case against Johnson, while committee chairperson Soviet Lekganyane criticised her for failing to provide members with information relating to the Section 27 warrant executed against Crime Intelligence officials.

Further into her testimony Johnson admitted that the accusations that Khumalo appointed Brigadier Dineo Mokwele to Crime Intelligence Technical Support Services as a form of gratification was not correct and that she was suitable for the role.

"The allegations of those vetting processes and as well the allegations of the recruitment and gratification for the matter still under investigation have to be revisited,"

Johnson apologised for alleging that Mokwele was not suitable for the role and that her appointment would result in gratification by Khumalo.