Madlanga Commission | Ekurhuleni legal head denies role in Mkhwanazi’s reinstatement

Ekurhuleni Head of Risk and Legal Services, Advocate Khemraj ‘Kemi’ Behari, has denied responsibility for the reinstatement of suspended Ekurhuleni Metro Police Department (EMPD) Deputy chief, Julius Mkhwanazi, after his suspension lapsed in May 2024.

Behari testified before the Madlanga Commission on Monday, where he maintained that he was only asked to provide legal advice shortly before Mkhwanazi’s suspension expired.

The commission heard that an officer from the Ekurhuleni Metropolitan Police Department (EMPD) Integrity Unit, Hennie Erasmus, approached Behari seeking formal legal input to support an extension of Mkhwanazi’s suspension.

Behari told the inquiry that he then informed Ekurhuleni City Manager, Imogen Mashazi, of the request.

Commissioner Sesi Baloyi criticised the move, arguing that disciplinary processes fall outside the city manager’s authority. Baloyi accused Behari of briefing Mashazi because of her alleged close relationship with Mkhwanazi.

Behari however rejected the accusation, saying it is standard practice for him to keep the city manager informed of matters affecting the municipality, and denied any knowledge of alleged personal ties between Mashazi and Mkhwanazi.

He told the commission that his involvement was limited to advising on governance risks and ensuring disciplinary processes were properly supported by evidence.

“There was nothing about not taking disciplinary action against Mkhwanazi because I dealt with the matter previously and I was stopped when the suspension was first issued in February 2024. My interest was over critical matters pertaining to the city. On this matter, Colonel Erasmus was looking at how they can finalise the matter and ensure the charges are concrete and make sure evidence is acquired. And that is what was said in the discussion. Nothing further about other interest that the city manager has. Every matter I dealt with I gave to the city manager,” Advocate Behari said.

The commission heard that the suspension extension — meant to be handled by Ekurhuleni HR Director Xolani Nciza and EMPD HR Head Linda Gxasheka — was ultimately declined by Mashazi, who ordered Mkhwanazi’s immediate reinstatement.

Behari also denied allegations that he interfered in Mkhwanazi’s disciplinary process. This as Behari was himself suspended in December, amid claims that he failed to act decisively, but told the commission he placed responsibility on senior divisional heads for what he described as procedural failures.

His name surfaced during earlier testimony at commission following claims that he nullified a report by the Independent Police Investigative Directorate (IPID), which recommended that Mkhwanazi face internal disciplinary action. Behari has denied this, insisting he never terminated or undermined IPID’s findings.

The report followed a series of allegations against Mkhwanazi, including claims of irregular appointment as deputy, unlawful authorisation of posts for associates, facilitation of blue-light privileges for vehicles linked to alleged underworld figure, Vusimuzi ‘Cat’ Matlala, and the alleged involvement in the death of a shop owner.

Behari told the commission that he only became aware of the matter long after the initial allegations and denied deliberately delaying processes to allow the suspension to lapse.

He said he requested outstanding statements related to the allegations — including the blue-light saga and claims of vehicle donations — before any extension could be supported.

Commission Chair, Mbuyiseli Madlanga, also questioned whether the delays may have been calculated to allow the suspension to expire, while Commissioner Sandile Khumalo accused Behari of effectively mounting a defence for Mkhwanazi.

Behari however denied the suggestion, saying any recommendation to extend the suspension without addressing evidentiary gaps would have been premature and legally unsound.

Written by: Odirile Rabalao