Ekurhuleni’s head of legal services, Kemi Behari, conceded that the letter drafted by his department in response to the Independent Police Investigative Directorate’s (Ipid) report on suspended EMPD deputy commissioner Julius Mkhwanazi “looked like an attack”.
Behari returned to the Madlanga commission on Tuesday, where he addressed allegations that he protected Mkhwanazi.
Mkhwanazi was placed on special leave in September last year after being linked to controversial businessman Vusimuzi ‘Cat’ Matlala.
The municipality suspended him in November.
Mkhwanazi faced allegations of serious misconduct, and Ipid’s preliminary report in December 2023 called for disciplinary action against him.
ALSO READ: Mkhwanazi ‘had a working relationship’ with CAT VIP Protection, not EMPD
In November last year, former Ekurhuleni employee relations director Xolani Nciza told the commission that the allegations against Mkhwanazi were “serious”.
“After consultations, I approved that Mkhwanazi be investigated by a disciplinary tribunal. In my view, the [investigation] report had ticked the relevant boxes that would convince an HR practitioner that there is a basis for this employee to respond to these allegations that have been levelled against him,” said Nciza.
Ekurhuleni’s response on Mkhwanazi
In response to Ipid’s report, Behari’s department instead drafted a letter suggesting it would be “difficult to prove fraud and corruption” against Mkhwanazi.
His reasons for such submissions failed to convince the commissioners on Tuesday.
Although Behari testified that the letter was never sent to Ipid, the commission found evidence of an intention to do so.
ALSO READ: EMPD deputy chief Mkhwanazi suspended following Madlanga commission allegations
“There was always an intention to send out a report through to Ipid. At that stage, I received a report from the division head to say it was never sent to us, but clearly the intention, as you point out now and having looked at the matter, was clearly a document in its final form which could have gone from the city side to Ipid,” conceded Behari.
“I will accept that it is a document that was ready to be sent out externally. Before I came to the commission, my divisional heads told us the statement did not go out. Let me make this concession and say, okay, it was contrary to that, it was false, in terms of what I said in the morning. I accept that.”
‘Not official stance’
Behari said in his statement that the letter did not represent Ekurhuleni’s official stance. However, he changed his testimony when the commission presented evidence that the only thing missing from the letter was the MMC’s letterhead before it was sent.
Behari further conceded that the letter “looked” like an attack on the Ipid’s report.
“The contents of the letter, I accept was drafted by my team. I read the contents. It is looking like we are attacking a charge against an employee. I have reflected on that, and very clearly, it does look like that,” he said.
Mkhwanazi allegedly entered into a memorandum of understanding (MOU) with CAT VIP Protection, which led to some of the company’s vehicles being fitted with blue lights.
The company allegedly protected Ekurhuleni officials during the state of the city address in 2022.
Mkhwanazi is accused of entering into this MOU under false representations.
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