NPA fights magistrate’s decision to recuse himself from the fraud case

NPA fights magistrate’s decision to recuse himself from fraud case

Zuko Komisa

The NPA’s anti-corruption unit (IDAC) is challenging a magistrate’s decision to recuse himself from the fraud case involving three senior police generals.
The magistrate cited general judicial corruption allegations from the Madlanga Commission, which the IDAC argues are irrelevant to the current matter.
The case, involving an illegal Crime Intelligence appointment, is now delayed until November 2025 pending the Pretoria High Court review outcome.

The National Prosecuting Authority’s Investigating Directorate Against Corruption (IDAC) has launched a high court review after a magistrate presiding over a major corruption case involving three senior police generals recused himself.

The magistrate stepped down, citing general allegations of judicial corruption made at the ongoing Madlanga Commission.

However, the IDAC argues this justification is insufficient and has filed for a review with the Pretoria High Court, asserting that evidence presented at the commission has no direct bearing on the current court matter.

The case involves Lieutenant-General Dumisani Khumalo, Major General Josias Lekalakala, and Major General Nosipho Madondo, alongside four co-accused.

They face serious charges of fraud and corruption related to the alleged irregular appointment of an unqualified civilian within the South African Police Service’s (SAPS) Crime Intelligence Division.

The Generals had applied to the court to have their bail conditions relaxed, an application the state is opposing. This application, however, has been placed on hold.

The matter has been postponed until 6 November 2025 to allow for the outcome of the IDAC’s review application against the magistrate’s recusal. The hearing for the bail relaxation will only commence once the review is finalised.