City of Ekurhuleni head of legal and risk services Khemraj ‘Kemi’ Behari has firmly denied allegations that he received a financial reward for intervening to protect EMPD deputy chief Julius Mkhwanazi from disciplinary action.
Behari testified on Monday before the Madlanga Commission of Inquiry, which is probing allegations of criminality, corruption and political interference within the criminal justice system.
His appearance followed testimony from several witnesses who implicated him in the handling of disciplinary processes involving senior police officials.
He is among those named in the commission’s interim report after preliminary evidence suggested the need for further investigation.
City of Ekurhuleni’s Behari testifies
During his testimony, Behari detailed his employment history within the municipality.
He told the committee he served as City of Ekurhuleni’s divisional head for by-law enforcement and compliance before being promoted to head of legal and risk services on 1 June 2023.
According to Behari, the promotion did not come with a financial benefit.
He told the commission that his remuneration package as head of legal services was R2 055 000, compared with R2 088 551 earned in his previous role.
This prompted him to raise concerns with former Ekurhuleni city manager Imogen Mashazi.
Behari emphasised that Mashazi could not independently approve salary increases.
He explained that the issue was referred to the municipality’s remuneration committee, which then made recommendations to the mayoral committee and, ultimately, the council.
“Because the mayoral committee is a committee of council, they then do a noting to council.
“So any councillors not happy with that, they can say to the mayoral committee, ‘I want more details’.
“That is why I was concerned when it looked as if I was just given the R600 000 in my pocket,” Behari testified.
He revealed that the adjustment took effect in November 2023.
“I want to emphasise the fact that there was no loyalty bonus.”
Watch the Madlanga commission below:
Behari rejected allegations that his salary adjustment was linked to corruption.
“So, if it’s corruption, that means I, or the city manager, would have had to influence the entire set of politicians, even up to council.
“Then the entire council would be part of corruption and this is why it’s absurd.”
He told the commission that the allegations were calculated to damage his reputation.
Blue lights saga and Mkhwanazi investigation
Behari also addressed claims that he interfered in disciplinary processes against Mkhwanazi, who was appointed EMPD deputy chief in December 2023.
Mkhwanazi is accused of unlawfully facilitating the installation of blue lights on vehicles owned by businessman Vusimuzi “Cat” Matlala without the required authorisation.
The allegations stem from two memorandums of understanding signed in October 2021, which allegedly created an “endless working relationship” between the EMPD and Matlala’s companies, Cat VIP Protection Services and Medicare24 Tshwane District.
READ MORE: How ‘blue lights blesser’ EMPD deputy chief Julius Mkhwanazi met ‘Ngamla’ Cat Matlala
Several vehicles were later “donated” to the City of Ekurhuleni and fitted with blue lights.
Following the controversy, Mkhwanazi was suspended in February 2023, and the matter was referred to the Independent Police Investigative Directorate (Ipid).
He returned to work on 24 May 2023.
In September 2023, Ipid released findings indicating a strong case of fraud and corruption against him, but the municipality rejected the report.
Dispute over lapsed suspension
Behari denied that he ever advised that disciplinary charges against Mkhwanazi be abandoned.
“There was never a time where I said the case must be terminated for lack of merit. That is purely incorrect,” he said.
The commission heard that EMPD official Hennie Erasmus had approached Behari “for compliance support” shortly before Mkhwanazi’s suspension was due to expire.
However, instead of commenting on the extension, Behari concentrated on the core issues raised by the allegations.
The commission’s chairperson and former Constitutional Court (ConCourt) judge Mbuyiseli Madlanga remarked that Behari’s conduct allowed the suspension to lapse.
READ MORE: How ‘Cat’ Matlala blue-light investigation placed former EMPD employee’s life at risk
Behari countered that “suspension is not punitive” and that Mkhwanazi could have been re-suspended.
He admitted he had not communicated this option to Erasmus and had not finalised his position on the extension.
“There was never intention to let the suspension expire.
“My intention was to make sure that we have all the processes because, as I said, applying the laws to say that suspension is not punitive, nothing stops us from still carrying on and saying that we have new information to re-suspend. The HOD HR could have re-suspended,” Behari said.
Behari added: “I let it lapse, but the intention was only to see how could we fill the gaps.”
Madlanga grills Behari
Madlanga highlighted that Behari had submitted a very lengthy statement yet failed to mention HR’s role in handling the issue of Mkhwanazi’s suspension extension.
“You only say it for the first time when we question your failure to advise [Erasmus] on what he, in your own words, had come to you about.
“That’s when you mention HR for the first time,” Madlanga said.
The chairperson accused Behari of attempting to distance himself from responsibility.
“You mention HR for the first time because you cannot answer the questions that we’re putting to you.”
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