WhatTheySaid.co.zaThe Madlanga Commission record, in plain language

IDAC wrote down how it picks cases. The Commission now has the document.

Institutional AccountabilityDay 15131 July 2026
Legal commentary
Evidence on day 151 placed three of IDAC's own governing instruments before the Commission. The first is "a standard operating procedure referred to as the IDAC Operation Manual," "issued and signed by Advocate Johnson and Mr Matthew Sesoko, the Head of Investigation, on 16 October 2024." Johnson and Sesoko "also issued a Case Selection Criteria Manual," which the witness said was written to "set out in detail the process to be followed in selecting cases to be investigated by IDAC." Alongside them sits a case selection criteria directive, likewise signed by the same two officials. All were provided to the Commission. The witness also described what the instruments require: "The investigation process is supposed to follow a sequence as set out in the SOPs in the case selection criteria directive." That sequence was given in order — prosecutors reach consensus and "we were to draft a certificate of mandate"; "once the certificate of mandate was signed, the prosecutors were to attend to drafting the application of authorisation of a section 28(13) investigation"; "once authorisation was signed, we were to consult with the investigators and draft an investigation plan"; and "should the investigation yield evidence of criminality, we had to motivate for a section 28(1) authorisation." The significance is evidential rather than accusatory. Questions about how this investigation came to extend beyond the original complaint have so far been argued from inference — who wanted what, and why. A signed internal standard converts that into a comparison a reader can perform: the organisation stated in writing how cases were to be selected and authorised, and the record can be set against it. Two items in the same evidence bear on that comparison and neither is resolved. The witness stated that "Advocate Johnson decided shortly after the section 28(13) authorisation of the Crime Intelligence matters, that all other Crime Intelligence matters would be ring-fenced into a project." Separately, a witness statement before the Commission records the instruction "I was to draft the authorisation and email it to her on the same day that the referral was handed to me" — a compression of the steps the sequence places before authorisation. A departure from an internal manual carries no criminal consequence on its own. It engages a narrower question, and one a court can examine: whether a statutory power was exercised for the purpose it was conferred for. Where an organisation has written down the tests it will apply before invoking that power, its own document becomes evidence of what a proper exercise looked like by its own lights. Nothing in the extracted record establishes that the sequence was departed from in any particular case; what it establishes is that a documented standard exists and is now in evidence. From the bench, Adv Baloyi SC put the point to the witness in stronger terms — "if we complied with it and adhered to it, then what is happening now would not happen" — which is a proposition put in questioning, not a finding.
In plain terms
IDAC has a rulebook for deciding which cases it takes on. Its own head, Advocate Johnson, signed it, along with the head of investigations, in October 2024. A witness described the rules to the Commission this week and handed the documents over. The rules set out an order of steps. The prosecutors have to agree among themselves. A mandate certificate gets drawn up and signed. Only then do they apply for the authorisation that lets them investigate. Once that is signed, they sit with the investigators and write an investigation plan. And only if the investigation turns up evidence of an actual crime do they go for the stronger power. Why this matters: for weeks the argument about this investigation has been about motive — who wanted the net widened, and who was pulling strings. A signed rulebook changes the kind of question that can be asked. Instead of guessing at intentions, you can ask whether the organisation did what it said it would do, and check the answer against a document it wrote itself. Two things in the same evidence are worth watching. The witness said Johnson decided, soon after the first authorisation came through, that all the other Crime Intelligence matters would be gathered into one project. And a witness statement records being told to draft an authorisation and email it on the same day the referral arrived — quicker than the order of steps appears to allow. None of that means anyone committed a crime, and the record does not say so. An organisation departing from its own manual is a different kind of failing from a criminal one. What has changed is that there is now a written standard to measure against, supplied by IDAC itself.
Cited claims
Supporting context