South Africa: State to Drop Charges Against Crime Intelligence Officials After Madlanga Revelations Tear Case Apart
The National Prosecuting Authority’s Anti-Corruption Unit is set to formally withdraw fraud and corruption charges against senior crime intelligence officials at the Pretoria Magistrates Court on Friday, in a stunning reversal of a case that has been dogged by controversy and allegations of political infighting.
Crime Intelligence Brigadier Dineo Mokwele, divisional head Dumisani Khumalo and several co-accused are expected to walk free. Prosecutors had alleged Mokwele’s appointment to her position was unlawful and that her qualifications had been misrepresented. But evidence before the Madlanga Commission suggested the opposite, that Mokwele was not only qualified for the role, but overqualified.
Defence submissions, along with mounting concerns about how the investigation itself was conducted, forced a rethink within the NPA. After prosecutors indicated they intended to provisionally withdraw the case, Mokwele’s lawyer wrote back seeking a permanent stay of prosecution. That request has now been granted and will be placed on record on Friday.
The commission also heard evidence suggesting investigators may have pursued criminal charges before establishing that any crime had actually taken place.
This case has been at the centre of weeks of commission testimony, including admissions by former Investigating Directorate Against Corruption head Andrea Johnson over how the underlying complaint was handled, and evidence that a private investigator had sent Mokwele a threatening email demanding her resignation months before charges were formally brought.
The collapse of the prosecution is now likely to raise questions over whether the accused could seek damages from the state, after months of legal uncertainty and reputational harm.
By Scrolla.
