The recent announcement that charges had been dropped against national police commissioner Gen Fannie Masemola should not only mean he returns to office, but also clear the path for the arrest of former Investigating Directorate Against Corruption (Idac) head Adv Andrea Johnson. Johnson engineered Masemola's arrest and has admitted to manufacturing evidence against him, Crime Intelligence head Lt-Gen Dumisani Khumalo, and other senior subordinates. This was part of a plan to stage a coup at the South African Police Service (SAPS).
Johnson's actions, as revealed at the Madlanga commission, led to her premature retirement and are serious enough to warrant her immediate arrest. In the current climate, where people's confidence in the rule of law is being eroded, the fortification of law enforcement needs to be seen, not just heard in speeches by politicians. The murders of mainly young women in Ekurhuleni and the warning by KwaZulu-Natal police chief Lt-Gen Nhlanhla Mkwanazi that crime syndicates may take over the criminal justice system highlight the importance of addressing Johnson's role.
Johnson's scheme involved using self-confessed coloured MP Fadiel Adams to manufacture a story that formed the basis for the wholesale arrest of the CI leadership, except Maj-Gen Feroz Khan and her husband, Brig Junaid Johnson. Masemola's arrest and arraignment as part of the criminals would have cleared the path for the then second in command, Maj-Gen Shadrack Sibiya, to step up and complete the coup. This depended on a quasi-legal case manufactured by Johnson, which can be considered treasonous.
National Prosecuting Authority (NPA) national director Andy Mothibi stated that an internal assessment panel and an independent senior counsel found there were "no reasonable prospects of a successful prosecution" against Masemola. The file will now be handed to the Idac ombud, judge Joe Raulinga, to determine how Johnson assessed the evidence, enrolled the matter, and applied the law. However, Mothibi's predecessor, advocate Shamila Batohi, also had a role in Masemola's criminal charges and should be investigated.
Johnson had direct dealings with then police minister Senzo Mchunu in pushing her scheme, and Mchunu provided political cover by closing down the political killings task team. President Cyril Ramaphosa has stated that Mchunu still deserves a ministerial salary and perks 14 months after his special leave. The police should not feel constrained that acting against Johnson could be seen as revenge, as it is not.
President Ramaphosa is currently fighting personal court cases and parliamentary investigations over the Phalaphala-dollars-in-the-sofa scandal and presiding over an ANC that is imploding. The ANC's failure to submit all its candidates' names for the November elections and multiple court skirmishes in the Eastern Cape are an indictment on the administration. Ramaphosa's personal survival and legacy issues may cloud his view on issues of public concern, such as Mchunu's continued retention in the cabinet.
The police and the NPA should ensure Johnson and her handlers and aides are arraigned now to renew public faith in the criminal justice system. The pussyfooting has to stop, and action should be taken against Mchunu before the police move in against him too as part of the overall Johnson case.
Key points
- The dropping of charges against Gen Fannie Masemola clears the path for the arrest of Adv Andrea Johnson.
- Johnson manufactured evidence against Masemola and other senior police officers as part of a coup plan.
- The NPA and police must take action against Johnson and her handlers to restore public faith in the criminal justice system.
