Charges withdrawn against crime intelligence boss Khumalo

The national director of public prosecutions, Adv Andy Mothibi, has ordered that corruption charges against the police’s crime intelligence headLt-Gen Dumisani Khumaloand seven co-accused be withdrawn. He also ruled out any immediate attempt to revive the case, stating: “For the avoidance of doubt, the matter may not be re-enrolled, nor may any fresh decision to prosecute be taken, without my express written approval.” According to Mothibi, the Investigating Directorate Against Corruption (Idac) had confirmed that investigations into the matter are not yet complete. In a letter to the accused’s legal representatives, Mothibi said Idac had advised that “the investigation remains incomplete and that further investigative steps are required before a proper prosecutorial decision can be made”.

further investigative steps are required before a proper prosecutorial decision can be made.” — Adv Andy Mothibi, national director of public prosecutions Mothibi said that in light of theincomplete investigation, he had exercised his supervisory powers under section 179(5)(c) of the constitution and directed “that the charges be withdrawn before plea in terms of section 6(a) of the Criminal Procedure Act 51 of 1977”. He said it would be premature to decide on the review sought by the accused because investigators had not yet finalised the matter. “As the investigation has not yet been finalised and a complete evidential record is not presently available, it has been considered premature to determine the review requested in terms of section 179(5)(d) of the constitution at this stage,” he said.

Mothibi said that if Idac recommends prosecution once its investigation is complete, the accused will be given another opportunity to make representations before a final prosecutorial decision is taken. The withdrawal follows recent admissions by Idac head Adv Andrea Johnson that investigators had made “an honest error” in the prosecution of the matter. Khumalo was facing corruption charges linked to the appointment of Brig Dineo Mokwele, whom the state alleges was an “unqualified civilian” appointed to a senior position within the police’s crime intelligence unit.