Witness

Colonel Brian Padayachee

Senior investigator, Investigating Directorate Against Corruption (IDAC) · Pretoria

Testified · suspended by the NDPP

The senior Investigating Directorate Against Corruption (IDAC) investigator who led the directorate's fraud and corruption case against suspended SAPS Crime Intelligence head Lieutenant-General Dumisani Khumalo and others over the allegedly irregular appointment of Brigadier Dineo Mokwele. He gave evidence at the Madlanga Commission across three days (14, 15 and 16 July 2026, Days 139-141), defending the investigation as backed by strong evidence and denying that IDAC was being weaponised in police infighting - but he faced sustained scepticism from the panel over whether the directorate had any lawful basis for the case. The National Prosecuting Authority withdrew that case provisionally on 27 July 2026, and on 30 July National Director of Public Prosecutions Advocate Andy Mothibi suspended him pending a disciplinary process, alongside investigator Suneel Bellochun; Justice Minister Mmamoloko Kubayi suspended chief investigator Dylan Perumal the same day. A precautionary suspension is an employment step and not a finding of wrongdoing. He is an investigator who gave evidence, not an accused before the commission, and he is presumed innocent.

Brian PadayacheeColonel PadayacheeIDACIDAC investigatorCrime IntelligenceMadlanga Commission

This profile summarises testimony and evidence given on the public record before the Madlanga Commission of Inquiry. It restates allegations as presented at the hearings and is not a finding of guilt, liability, or wrongdoing by any person.

Awaiting appearanceNo portrait on the public record yet

Their role

What the record says

Suspended by the NDPP pending a disciplinary process (30 July 2026)

On 30 July 2026, in the wake of the evidence heard at the commission across the preceding fortnight, National Director of Public Prosecutions Advocate Andy Mothibi suspended Padayachee and investigator Suneel Bellochun, while Justice Minister Mmamoloko Kubayi suspended IDAC chief investigator Dylan Perumal - all three pending disciplinary processes. Reporting at the time recorded that the three had been accused before the commission of manipulating cases, including the fabrication of witness statements and an abuse of the directorate's powers. Those are allegations that none of the three has yet answered from the stand; a precautionary suspension is not a finding, and all three are presumed innocent. The same day, Kubayi and Mothibi placed IDAC under a six-month reform programme including skills and lifestyle audits of all 212 employees, a review of its cases before the courts and a review of its standard operating procedures.

Defended the case against Khumalo as backed by strong evidence

Padayachee told the commission that IDAC 'has sufficient evidence to sustain the charges in the criminal case against Khumalo and other officials at Crime Intelligence', rejecting suggestions that the investigation was politically driven or that the directorate lacked grounds to proceed. The charges are untested; Khumalo is presumed innocent.

Denied a so-called 'Khan-IDAC cabal'

Answering MK Party MP Vusi Shongwe's claim of an 'Indian cabal' said to link IDAC head Advocate Andrea Johnson, senior investigator Suneel Bellochun, suspended Crime Intelligence deputy head Major-General Feroz Khan and himself, Padayachee said: 'If such a cabal exists, I am not a party to it. I have never investigated such because I don't know of it and neither am I involved in it.' He confirmed he knew Khan from earlier work together in Crime Intelligence.

Said Mkhwanazi knew of, and had no issue with, Khumalo's arrest

Padayachee testified that KwaZulu-Natal commissioner Lieutenant-General Nhlanhla Mkhwanazi - who has publicly criticised the IDAC probe - had in their interactions before the arrest shown no issue with the case against Khumalo and other Crime Intelligence officers, had filed an affidavit, and was aware the arrests were coming, saying they 'must face their own situations'.

Conceded he lacked the founding complaint when the case began

Under cross-examination he accepted he did not have complainant MP Fadiel Adams's original signed affidavit when the investigation commenced, relying on an oral briefing and receiving the sworn statement later - which chairperson Mbuyiseli Madlanga called 'highly improbable' for a case against top police officials.

Could not justify treating the Mokwele appointment as a crime

Padayachee struggled to explain IDAC's mandate to second-guess a SAPS appointment. Madlanga called the directorate's theory a 'quantum leap in logic'; Commissioner Advocate Sesi Baloyi SC framed the founding complaint as a human-resources dispute with no allegation of corruption; and the record showed Brigadier Mokwele was charged over conduct investigators believed she might commit in future.

On the stand

Appears across 3 hearing days

  1. Day 14116 Jul 2026
  2. Day 14015 Jul 2026
  3. Day 13914 Jul 2026

Connections

How this witness links to the record