Head of Ekuhuleni’s Risk and Legal Services Department, Advocate Khemraj Behari, has been accused of sharing information about the potential extension of Ekurhuleni Metro Police Department (EMPD) deputy chief Julius Mkhwanazi’s 2023 suspension to former city manager Dr Imogen Mashazi to shield Mkhwanazi from disciplinary proceedings.

Mkhwanazi was facing charges of gross misconduct for allegedly facilitating the unlawful donations of vehicles by alleged crime mastermind Vusimuzi “Cat” Matlala’s companies to Ekurhuleni and having them fitted with blue lights out of keeping with municipal regulations.

Behari told the Madlanga Commission of Inquiry on Monday that when Mkhwanazi’s suspension was nearing expiry, Internal Affairs Head Colonel Hennie Erasmus sought his legal advice on extending it.

Instead of recommending an extension, Behari advised Erasmus to gather statements from other individuals familiar with the donated vehicles and blue lights scandal, including investigative journalist Jeff Wicks, who initially broke the story. 

Justice Mbuyiseli Mdlanga questioned Behari’s decision not to advise on the suspension extension, asking why he did not address Erasmus’s query directly. 

Madlanga suggested Behari intentionally allowed Mkhwanazi’s suspension to lapse, potentially enabling Mkhwanazi to return to work. 

Behari insisted his intention was not to let the suspension lapse, but to ensure due process and adherence to laws preventing punitive suspension.

He noted nothing stopped them from re-suspending Mkhwanazi with new information.

Co-commissioner Advocate Sandile Khumalo SC expressed astonishment that Behari did not advise Mashazi about re-suspending Mkhwanazi with new information after Behari had cited it as a viable option that should have been considered.

Commissioner Advocate Sesi Baloyi SC expressed concern that Behari did not at least advise Erasmus to extend the suspension while addressing the gaps he identified in the case against Mkhwanazi.

Behari has been accused of being part of a clique that blocked disciplinary action against Mkhwanazi.

In his testimony in November suspended EMPD chief Isaac Mapiyeye implicated Mashazi, HR head Linda Gxasheka, and legal services head Behari in blocking Mkhwanazi’s suspension, contradicting Behari’s account of events.

“All my attempts to discipline Mkhwanazi were frustrated by Mashazi, Gxasheka, and Kemi (Khemraj) Behari. In fact, these attempts led me to be suspended on numerous occasions, culminating in disciplinary charges for alleged sexual harassment being levelled against me in November 2024,” he said.

Behari told the commission that he communicated the information related to the expiry of Mkhwanazi’s imminent suspension to Mashazi.

Baloyi suggested that Behari discussed Mkhwanazi’s suspension with Mashazi because of her alleged close ties to Mkhwanazi and desire to protect him from discipline. 

“I am suggesting to you that you know her direct interest and that she does not support disciplinary action against Mkhwanazi,” she said.

Behari firmly denied allegations of colluding with Mashazi, stating he was not part of any personal interests she had and was not involved in her alleged attempts to protect Mkhwanazi from disciplinary action.

During her testimony last year Mashazi testified that she avoided involvement in disciplinary proceedings for mid-level employees like Mkhwanazi, a brigadier at the time. 

Xolani Nciza, former divisional head of employee relations, who previously testified at the commission, said Mashazi unexpectedly attacked him after Mkhwanazi’s suspension was up for extension.

Mashazi allegedly accused Nciza and Mapiyeye of having a personal vendetta against Mkhwanazi.

Mashazi denied that she interfered in the  disciplinary process against Mkhwanazi, who was a brigadier in 2023, facing allegations of fraud and corruption.

The disciplinary process stemmed from the Independent Police Investigative Directorate (Ipid) report, which recommended that action be taken against Mkhwanazi.

Mashazi told the commission that she acted by referring the report to Behari, who informed her the report was “insufficient”.

rapula.moatshe@inl.co.za

Source link