Madlanga Commission | Behari admits to misleading the inquiry

Ekurhuleni Head of Risk and Legal Services, Advocate Kemi Behari, has conceded that he provided misleading testimony regarding the City’s preliminary response to the Independent Police Investigative Directorate (IPID) report, into allegations against suspended Ekurhuleni Metropolitan Police Department (EMPD) Deputy Chief, Julius Mkhwanazi.

Behari returned to the witness stand before the Madlanga Commission on Tuesday, where he was questioned further about his role in the disciplinary process at the Ekurhuleni Metropolitan Police Department (EMPD).

He told the commission that he initiated the drafting of an internal preliminary response to the IPID report for consideration by City Manager Imogen Mashazi, maintaining that the document was not intended to be finalised or sent externally until IPID clarified outstanding issues.

At the time, Mkhwanazi was facing serious misconduct allegations, including claims that he unlawfully authorised a memorandum of understanding allowing alleged underworld figure Vusimuzi Matlala’s company, Cat VIP Security Services, to establish a working relationship with the EMPD and obtain blue-light privileges.

The draft document stated that aspects of the IPID report were vague pending prosecutorial decisions and that the City required further clarity before taking action.

Behari initially told the commission the document was never sent to IPID and remained an internal draft. However, evidence leader, Advocate Sesi Baloyi, produced an email showing that Behari had forwarded the document to the late former MMC Sizakele Masuku for consideration.

The commission also heard that Masuku reviewed the document and recommended that it be sent to IPID, pending signatures from both Mashazi and Behari — a position Behari ultimately conceded.

When pressed further, Behari acknowledged that his earlier version was incorrect, explaining that before appearing at the commission he had checked with divisional heads, who told him the document had not been sent.

Behari, however, rejected claims that the professional powers of the City’s HR Director, Xolani Nciza, were delegated to him following allegations that Nciza had irregularly obtained his position.

The commission previously heard that an anonymous email, sent by a sender identified as “BxBx” in August 2023, alleged that Nciza had forged his qualifications to secure his post.

Nciza was among the first officials to respond to misconduct allegations against Mkhwanazi, insisted that he was never part of the disciplinary process.

The email then led to a meeting of senior officials and Nciza being stripped of his professional powers days later.

It was alleged that those powers were delegated to Behari — a claim he strongly denied.

The commission also heard allegations that Mashazi – who is said to have close ties with Mkhwanazi – granted Behari authority to decide whether disciplinary action could proceed. Behari however denied this.

Nciza, who was later suspended in September 2023, has also rejected the allegations against him, saying he rose through the ranks within the municipality and has served the City for decades.

Meanwhile, Ekurhuleni HR Head Linda Gxasheka, briefly appeared before the commission and requested that her testimony be postponed to later this month.

Gxasheka is accused of unlawfully authorising Mkhwanazi’s reinstatement following a three-month suspension in early 2024 and of playing a role in his allegedly irregular appointment as deputy police chief.

Her legal team cited late submission of statements and the need to review documentation as reasons for the postponement.

Commission Chair, Mbuyiseli Madlanga, granted the request, ordering Gxasheka to return on 26 and 27 February, warning that failure to attend could result in criminal sanctions.

“The hearing of your testimony has been postponed to the 26th and 27th February. You are directed to be in attendance on that day and as you are aware, you are here on subpoena. There may be criminal sanctions for your failure to attend,” Madlanga said.

Written by: Odirile Rabalao