Top Ekurhuleni Metro executives, including former city manager Dr Imogen Mashazi, blocked disciplinary action against controversial suspended acting police chief Julius Mkhwanazi, the Madlanga Judicial Commission of Inquiry heard on Friday.

Suspended Ekurhuleni Metropolitan Police Department (EMPD) chief Jabulani Mapiyeye told the commission of inquiry into criminality, political interference, and corruption in the criminal justice system, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, that Mashazi, heads of human resources and legal services, Linda Gxasheka and Advocate Kemi Behari, respectively, blocked Mkhwanazi’s suspension.

“All my attempts to discipline Mkhwanazi were frustrated by Mashazi, Gxasheka, and Kemi 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,” Mapiyeye explained.

He was suspended in September last year following a complaint of sexual harassment by a female employee.

He had attempted to place Mkhwanazi on suspension on February 24 for approving the bluelights for vehicles belonging to controversial attempted murder accused businessman Vusimuzi “Cat” Matlala’s security company, CAT VIP Protection.

According to Mapiyeye, when the use of bluelights by Matlala’s firm was brought to the municipality’s attention through a media enquiry, Deputy Chief of Police: Auxiliary and Support Services, Revo Spies, was acting in his absence while he was on leave.

On his return, after initiating internal investigations determined that the misconduct complaint against Mkhwanazi was of a serious nature, Mapiyeye requested that a disciplinary tribunal be established, and this was approved on April 12 by the divisional head of employee relations, who was Xolani Nciza at the time.

Mkhwanazi was to face six charges of alleged misconduct, including allegations of failure to perform his duties diligently and to the best of his ability, gross dishonesty, gross negligence, conduct relating to honesty and integrity, and bringing the municipality and EMPD into disrepute.

A prosecutor was appointed but there were delays in bringing the charge sheet against Mkhwanazi.

Instead, on May 24, Gxasheka uplifted Mkhwanazi’s suspension and directed him to resume his duties.

However, upon Mkhwanazi’s return, Mapiyeye redeployed him to the by-law enforcement unit until the disciplinary case was finalised.

“In light of the serious charges he faced, I considered his return to his substantive post undesirable,” he testified.

On June 15, Gxasheka challenged Mapiyeye’s decision and directed that Mkhwanazi be deployed back to his substantive position.

In response, on June 20, Mapiyeye advised Gxasheka that, as EMPD chief, he had the power in terms of the SA Police Service Act to transfer members of the service.

Gxasheka and Behari pressurised Mapiyeye to hand over Mkhwanazi’s docket to Behari.

Mapiyeye said he was instructed to withdraw charges against Mkhwanazi by Mashazi and later informed Mkhwanazi and told him to return to his substantive position.

He said he followed the instructions in a bid to stop the constant harassment by Mashazi, Gxasheka, and Behari.

Asked how Mashazi informed him to withdraw the charges, Mapiyeye said she instructed him verbally and did not put it in writing.

Mkhwanazi has been placed on special leave since the period after KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi’s explosive allegations in July precipitated the establishment of the Madlanga Commission of Inquiry and an Ad Hoc Committee by the National Assembly to investigate the matters.

Ockert Bezuidenhout is now the acting EMPD chief.

An internal investigation was also commissioned by the Ekurhuleni council in August to determine what happened during Mkhwanazi’s 2023 suspension and the IPID report.

In September, on the sidelines of the council meeting deliberating on Mkhwanazi’s suspension, Mayor Nkosindiphile Xhakaza said the council needed to find out what exactly occurred as he (Mkhwanazi) was suspended and subjected to disciplinary action in 2023.

“Ours is to ascertain if it followed all the processes because you can’t suddenly institute another suspension when a suspension would have happened,” he said at the time.

Xhakaza said there was a need for an independent investigation to clarify how the internal process unfolded and its conclusion.

Additionally, clarity is also sought on how the IPID report was processed for the council to be satisfied about the processes, so that if they were not followed and the matter can be concluded.

“I’m sure that’s what South Africans are looking at, how do we ensure that there is an allegation tested in our own system, we actually ensure that everything is applied to the letter (of the law).

“Our commitment is that we run a compliant administration; we must ensure that all the allegations that have been raised are taken seriously,” Xhakaza said.

loyiso.sidimba@inl.co.za

Source link