National Coloured Congress MP Fadiel Adams’ three-day stint before the Madlanga Commission ended explosively when the inquiry heard that he gave Investigating Directorate of Corruption (Idac) investigators four affidavits on 6 January 2025, but later that night, chief investigator Dylan Perumal went alone to Adams’ home and obtained a separate affidavit.
The late-night affidavit became a bone of contention before the Commission on Friday, 21 August. Both Drushantha Ramsamy, an Idac state prosecutor, and Robert Raphesu, a senior Idac inspector, testified that the fifth affidavit subsequently presented to the Commission was not among the affidavits the team had commissioned from Adams on 6 January.
The significance of Adams’ allegation lies not simply in the existence of a fifth affidavit, but in who allegedly wanted it, why it was obtained hours after four other affidavits had already been taken, and whether the subsequent version helped shape the direction of the Idac investigation.
While testifying before the Commission, Former Idac head Andrea Johnson accepted that the evidence of Ramsamy and Raphesu – that only four supplementary statements were taken in their presence and that the additional A1 affidavit was not among them – created a serious procedural contradiction that Perumal would have to explain.
Johnson claimed she didn’t know where the extra affidavit came from. Adams, however, implicated her in the commissioning of the extra affidavit, which she had denied having knowledge of during her testimony.
Adams’ initial complaint to the police and then Idac made allegations against three people, but the investigation later expanded to include a substantially wider group of officials and matters, with seven Crime Intelligence members, including top cop Dumisani Khumalo, who heads the Political Killings Task Team (PKTT), eventually charged for the alleged wrongful hiring of Brigadier Dineo Mokwele.
The NPA officially withdrew the charges against Khumalo and his co-accused on Friday.
Following the evidence by Idac members, President Cyril Ramaphosa agreed to Johnson vacating her post with immediate effect, requesting that her three-month notice period be waived.
Perumal’s phone call
On Friday, Adams described Perumal’s late-night visit to his home. He told the Commission that Perumal said he had been instructed by “the madam” to obtain another affidavit and split the case into three parts. He further claimed that Perumal was on the phone with someone whose voice he recognised as Johnson’s.
“Perumal told me that the madam wants another affidavit and she wanted to split the case into three parts. Perumal was on the phone with a person, whose voice I recognised [as] that of Johnson, giving orders [on] what she wants,” Adams testified.
Perumal has been suspended from Idac following revelations at the Commission.
During Adams’ testimony, the Commission has also heard that he consulted retired Anti-Gang Unit head André Lincoln in filing his charges against the Crime Intelligence officials, and was then assisted by a Crime Intelligence member who is reportedly Brown Mogotsi’s handler and has links to controversial cop Feroz Khan.
During her testimony, Johnson faced scrutiny for her connections to Khan, who currently faces charges in another matter.
‘Aunty’s’ instructions
Commission chairperson Mbuyiseli Madlanga said the late-night visit to Adams’ home on 6 January 2025 appeared to raise the kind of impropriety the inquiry was investigating.
Adams said that after meeting the Idac team, he received a call from Perumal, who told him: “I’ve submitted your affidavits to the aunty.”
When Adams asked who “aunty” was, Perumal told him it was Johnson.
According to Adams, Perumal said Johnson was unhappy with how his case had been structured. Johnson allegedly wanted “more meat” added.
Adams said Perumal wanted the additional affidavit that night because he was flying out the following day.
“Mr Perumal came to my house around 9pm. He was in conversation with Johnson for a very long time. I wasn’t part of the conversation but I could hear him speaking to her,” Adams said.
Adams said the additional affidavit was separate from the four supplementary affidavits taken in the presence of the Idac team, inlcuding Ramsamy and Raphesu.
Another anomaly was the official Idac stamp on the late-night affidavit. The four affidavits taken earlier that day were not stamped because, Ramsamy testified, the team had not brought a stamp with them.
Adams declined to elaborate further, saying he did not want to jeopardise a matter in which he had laid criminal charges.
‘Not a willing participant’
Madlanga said the matter raised issues of impropriety: “At face value, it appears that is exactly what happened here.”
Adams said the additional affidavit was typed at his home, printed and signed there. At the time, Adams said, he saw nothing unusual because he understood “aunty” Johnson wanted his case divided into multiple sections.
“At the time, thinking nothing of it until things were mentioned before the Commission, and that is the stage I demanded to come and testify,” he said.
Madlanga questioned why Adams had not been suspicious when Perumal contacted him after 9pm and came alone to his house, where they remained until about 11.30pm.
Three people had travelled to Cape Town to take Adams’ statements, Madlanga noted, yet only Perumal later returned to his home.
“Were you not suspicious about this conduct?” the chairperson asked.
“Not at the time,” Adams replied, saying he trusted Perumal as a law enforcement officer and felt comfortable because he was also speaking to Johnson on the phone.
The questioning became more pointed when Madlanga put to Adams that his inability to provide answers or explanations about aspects of the process could itself be regarded as an indicator that he had been a willing participant.
Adams rejected the suggestion.
“I was not a willing participant,” he said.
Commissioner Sandile Khumalo SC told Adams, “The machinations are starting to look like, now, that somehow you were party to a scheme, at all costs, to bolster these cases, even when you knew they were not strong, and that you would do anything to assist in that regard, even when you could see that whatever was going on, if not improper, was certainly suspicious.”
The Commission continues on Monday. DM
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