Behari accused of being 'part of a clique to protect Mkhwanazi' | Madlanga Commission

Advocate Khemraj 'Kemi' Behari, suspended head of Ekurhuleni's Risk and Legal Services, told the Madlanga Commission of Inquiry on Tuesday that proving allegations of fraud and corruption against suspended Ekurhuleni Metro Police Department (EMPD) deputy chief Julius Mkhwanazi would be “difficult”. 

This testimony comes despite a damning Independent Police Investigative Directorate's (Ipid) 2023 report recommending disciplinary action against Mkhwanazi for his role in the unlawful donation of vehicles by alleged crime kingpin Vusimuzi “Cat” Matlala, which were registered in the municipality's name and fitted with blue lights without the city's approval.

The report explicitly directed the city to provide feedback on disciplinary action taken against Mkhwanazi.

However, in response to the Ipid report Behari mentioned in a letter submitted to the commission that:"I have consulted with internal staff and I am advised that based on the current evidence it will be difficult to prove fraud and corruption. Your report attaches little or no value to director Mkhwanazi (who was a suspect)."

He said the draft letter was intended for former city manager Dr Imogen Mashazi’s consideration and it was not intended to be finalised or dispatched until Ipid clarified certain outstanding matters.

According to him, the draft stated that aspects of the report were vague pending prosecutorial decisions and that the city required clarity before taking further administrative steps. 

“It (the letter) didn't reject Ipid findings in their entirety nor did attempt to shield any official from accountability. Importantly the letter was never sent to Ipid. It remained an internal draft and it was withheld precisely because the city had not yet received the necessary clarification from Ipid regarding the confidentiality classification of the report and the prosecutorial aspects of certain matters,” Behari said in his statement to the commission.

Justice Mbuyiseli Madlanga questioned Behari on what led him to conclude that proving allegations of fraud and corruption against Mkhwanazi would be difficult, given the Ipid report's findings.

Behari said Mkhwanazi's actions were allegedly undertaken in line with instructions from then-deputy metro police chief Goodman Mzolo and that he suggested that his position needed further investigation.

Madlanga said: “It is difficult for you to show us where the difficulties appear or manifest.”

Behari had previously stated the Ipid letter was addressed to suspended EMPD chief Isaac Mapiyeye, but noted the regulatory body reports such as the one from Ipid typically goes to the city manager's office.

Evidence leader Advocate Lee Segeels-Ncube said: “The reason why you took issue with the letter going to the chief of police is because of the allegations that you were part of a clique to protect Brigadier Mkhwanazi. The chief of police is on the other side of that equation. If the document goes to him he is now aware that Ipid is investigating the matter and his response is needed for Ipid and you don't want him to be part of that process and that is why you are taking issue with the way Ipid is dealing with it.”

Behari testified the then MMC for Community Safety Sizakele Masuku wanted the Ipid recommendations to be implemented and that she did not sign the letter that was addressing Ipid findings against Mkhwanazi.

In December last year Mashazi testified that Mkhwanazi was cleared of allegations based solely on Behari's legal opinion, before she had a chance to thoroughly review the Ipid report herself.

Mashazi said she acted by referring the Ipid report to Behari, who informed her the report was “insufficient”.

Behari said: “I did not give such advice to the city manager.”

Behari's testimony is still under way.

rapula.moatshe@inl.co.za