Minister of Justice and Constitutional Development Mmamoloko Kubayi says former IDAC head Andrea Johnson will not receive a “golden handshake” following her resignation but will retain the pension benefits she earned during her public service.
Her remarks follow President Cyril Ramaphosa’s acceptance of Johnson’s immediate resignation.
The Presidency confirmed in a statement on Monday that Johnson had vacated office.
Presidency spokesperson Vincent Magwenya said Ramaphosa’s decision followed a recommendation by Kubayi, supported by National Director of Public Prosecutions (NDPP) Shamila Batohi’s successor, Andy Mothibi, that Johnson’s request be granted.
“Adv. Johnson directed her request for an immediate release from office to the National Director of Public Prosecutions and President Ramaphosa,” Magwenya said.
He added that Ramaphosa thanked Johnson for her years of service in the National Prosecuting Authority (NPA) and as head of IDAC.
“The President assures the leadership and staff of the NPA of the government’s unwavering support for its work in the fight against crime and corruption.”
Johnson’s departure comes amid controversy surrounding her leadership, which she said had become a reputational risk to both the anti-corruption unit and the NPA.
In her resignation letter to Mothibi and Ramaphosa, Johnson requested immediate release from office and asked that her contractual three-month notice period be waived.
Speaking on The Clement Manyathela Show on Radio 702, Kubayi said she welcomed Johnson’s resignation.
“Look, that’s the process. We [received] the request and then [made] the recommendation. We first [received] a recommendation from the NDPP, Andy Mothibi, that [Johnson’s resignation] be accepted.”
“We looked at it ourselves as the department and also believed that, indeed, in the best interests of IDAC, the NPA and the credibility of the prosecution team, we [needed] to recommend acceptance of the request.”
She said the decision was driven by growing public concern.
“There’s been quite a lot of public outcry and, as [Johnson] herself has said, IDAC and the NPA are bigger than her. As we have said previously, organisations need to [endure] beyond individuals and we should never allow individuals to become the source of the destruction of organisations.”
Asked whether she had recommended Johnson’s suspension before the resignation, Kubayi declined to comment.
“Let’s focus on the resignation now and never talk about things that have not been communicated. Conversations between ministers and presidents are protected by law in terms of confidentiality.”
“What comes out in public is what we have agreed upon. Whether we’ve had conversations about anything else doesn’t matter. What matters now is that we’ve considered [Johnson’s request] and believe it is in the best interests of both IDAC and the NPA.”
Kubayi said she had been concerned about developments involving Johnson and IDAC.
“You remember [that] the NDPP and I issued a statement saying we were concerned about the developments. We did not want to run parallel commentary to the Madlanga Commission, but we also did not want to be seen as interfering with individuals.”
“We wanted them to finish their testimonies and then articulate clearly what we wanted to do. On Thursday, the NDPP and I will address the current situation at IDAC and outline how we intend to rebuild public confidence in the institution.”
Kubayi said she and Mothibi would hold a media briefing on Thursday to outline their plans for the future of IDAC.
“We’ll outline what we have done until now and what issues still need to be addressed.”
Asked whether IDAC would review other cases beyond those involving Crime Intelligence, Kubayi said that was not the intention.
“Not at all. [To] assure the nation, in many of the cases we have appointed Section 38 [advocates]. These are external people who have come in on a contract basis to assist the organisation, particularly with those cases. The majority of matters before the courts are being handled in that context and we do not believe they are affected.”
Image: Timothy Bernard / ANAStudio
She said some accused persons had already made representations to the NDPP, but those had been rejected.
“That means there has been oversight over the work and we do not think those cases will collapse.”
Asked whether Johnson would receive a “golden handshake” or retain her retirement benefits, Kubayi said there was no legal basis to withhold benefits she had earned.
“When a person resigns, like any employee, they decide to leave and the employment relationship ends. I have no legal standing to withhold any payments [to which] she is entitled. Labour laws still apply to her.”
“If I did anything else, I would be violating the laws of the country. She has resigned and we have accepted [her resignation].”
Kubayi said disciplinary proceedings become academic once an employee resigns.
“The ultimate outcome of a disciplinary process is dismissal. When a person says, ‘I’m leaving,’ you cannot force them to stay so you can complete a disciplinary process that would have the same outcome. That’s something South Africans need to understand. Once a person resigns, the employment relationship between the employer and employee has ended.”
In her letter over the weekend, Johnson the past five months had been exceptionally difficult, with much of the criticism linked to IDAC’s investigations into senior Crime Intelligence officials.Although
Although the allegations against her remain unproven, she said a lengthy inquiry into her fitness for office would be costly and distract from IDAC’s anti-corruption work, particularly while South Africa remains under Financial Action Task Force (FATF) scrutiny.
Johnson, who had already applied for retirement after 30 years of service, asked that her resignation take effect within 24 hours by agreement.
Her resignation follows intense scrutiny at the Madlanga Commission of Inquiry, where she withdrew remarks about Brigadier Dineo Mokwele, admitted IDAC had no legal basis to investigate Lieutenant General Dumisani Khumalo in one matter, and conceded the unit should not have sought public complaints to initiate an investigation.
Complaints against Johnson are now being considered by the IDAC Oversight Judge, while further complaints have been lodged with the Legal Practice Council and the IDAC Ombud.
