The Madlanga Commission is investigating whether the Independent Development and Anti-Corruption (IDAC) had legal grounds to launch a criminal case against Crime Intelligence head Lt-Gen.Dumisani Khumalo.

IDAC senior investigator Brian Padayachee admitted the probe began after National Coloured Congress (NCC) leader Fadiel Adams filed a Section 27 referral alleging irregularities in the appointment of Dineo Mokwele to a senior SAPS technical role.

Khumalo argued Mokwele's qualifications in mechatronics and industrial engineering (from her BMW engineering experience) made her suitable for covert operations, verified by SAQA.

However, Commission chair Justice Mbuyiseli Madlanga challenged the legal basis for the case, noting SAPS regularly appoints civilians with specialist skills.Padayachee admitted he lacked Adams' original affidavit when initiating the case, relying instead on an oral briefing.

The commission is scrutinizing whether IDAC followed legal protocols for Section 27 referrals and if the investigation was justified, with Padayachee claiming evidence later led to arrests for fraud and corruption.

Legal experts debate whether recruitment irregularities alone constitute criminal conduct, highlighting tensions between administrative disputes and criminal investigations.