@zintozonkeh: "WHAT IS IDAC'S BUSINESS IN HOW SAPS PANELS ARE CONSTITUTED?" – COMMISSIONER KHUMALO AND ADV. BALOYI Today's proceedings before the Commission saw intense questioning of IDAC investigator Brian Padayachee over IDAC's role in scrutinising how SAPS appointment panels are constituted. Adv. Baloyi asked whether Lieutenant-General Dumisani Khumalo's actions in constituting the panel were in line with SAPS policies or whether they violated any SAPS directives. Padayachee responded that the process followed was standard practice. He explained that Lt-Gen Khumalo selected the panel members, General Sibiya gave the necessary approval, and SAPS Head Office subsequently authorised the process. The Commission then turned to the appointment panel that eventually appointed Brigadier Dineo Mokwele: Commissioner Khumalo pointed out that IDAC had questioned why General Khan was not included on that panel. He asked a fundamental question: "Why is it IDAC's business who sits on a SAPS appointment panel?" Padayachee replied that IDAC was conducting an investigation and that although Lt-Gen Khumalo selected the panel, there were other Crime Intelligence generals who could also have been chosen. Commissioner Khumalo challenged that reasoning, asking why the composition of the panel, once approved through SAPS processes, justified IDAC seeking warrants and pursuing criminal proceedings. Adv. Baloyi echoed the concern, questioning what legal jurisdiction IDAC had to involve itself in a panel established by senior SAPS management. Padayachee said IDAC drew an inference from the recommendations that emerged from the panel. Adv. Baloyi immediately asked what exactly that inference was, arguing that matters relating to panel composition fall within SAPS' internal authority, not IDAC's investigative mandate. He criticised IDAC for appearing to create its own rules and questioned its legitimate interest in how SAPS constitutes its appointment panels.🤦🏿‼️ The questioning then shifted to General Khan's name: Adv. Baloyi asked Padayachee to address the suggestion that Lt-Gen Khumalo had appointed members improperly, saying that aspect of the evidence was misleading. Padayachee acknowledged the point.🙌🏾 Commissioner Khumalo noted that while the prosecutor compiled the charge sheet, Padayachee supplied the information upon which the charges were based. He then asked whether Padayachee's position was that the panel had been irregularly constituted. Padayachee confirmed that the panel had indeed been constituted, but maintained that Lt-Gen Khumalo selected the members and that the process ultimately resulted in Brigadier Mokwele's appointment. Commissioner Khumalo observed that Padayachee never actually stated that "the panel was constituted properly," despite confirming that the panel was constituted. Adv. Sello then questioned why General Khan's name featured in Padayachee's documents. Padayachee explained that any one of the nine Crime Intelligence generals could have been selected. Adv. Sello pointed out that the documents specifically mentioned Khan, while Adv. Baloyi argued that this created the impression that Padayachee was promoting Khan as the preferred candidate, even though Khan was not a member of the panel in question. Baloyi further noted that Khan had served on a previous committee that had failed to fill the post. Padayachee responded that General Khan's name was mentioned merely as an example of another general who could have been considered and insisted that no additional significance should be attached to the reference. The exchanges centred on one recurring issue: whether IDAC exceeded its investigative mandate by questioning decisions that, according to the Commissioners, appeared to fall within SAPS' internal management and appointment processes. Source: @eNCA

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Thursday 16 July 2026 17:18:09 GMT