Behari admits inaction let EMPD Deputy Chief off the hook | Madlanga Commission

Suspended City of Ekurhuleni legal head, Advocate Kemi Behari, has admitted that he failed to ensure the re-suspension of EMPD acting deputy chief Julius Mkhwanazi, allowing the controversial blue lights case to quietly lapse despite its seriousness.

Behari testified before the Madlanga Commission on Monday that responsibility for extending suspensions or advancing disciplinary action rested with the former city manager or the head of human resources, not his office.

Mkhwanazi was suspended in February 2023 after allegations that he authorised the installation of blue lights on vehicles linked to alleged crime boss Vusimuzi “Cat” Matlala.

Mkhwanazi went as far as unlawfully signing memorandums of understanding with companies linked to Matlala. This being CAT VIP.

The MoUs would have outsourced critical city functions, including blue light services, legal services, health services, mayoral VIP protection, and administration of the Workmen’s Compensation Fund.

The investigation was led by Col. Hennie Erasmus from the EMPD’s Integrity and Standards Unit, who later sought legal support to extend the suspension as it neared expiry.

Behari told the commission that when Erasmus approached him in May 2023, he identified what he described as serious evidentiary gaps and insisted they be addressed before he could draft a legal notice supporting an extension.

He said discussions stalled, meetings were delayed, and by the time he sought engagement with the chief of police, the suspension had already expired.

Commission chair Justice Mbuyiseli Madlanga cut to the heart of the matter, telling Behari that he had effectively allowed the suspension to lapse.

Behari conceded the point, admitting that in hindsight he should have supported an extension, but maintained that he lacked the authority to act unilaterally.

“In hindsight, I should have supported the extension,” he said.

Madlanga questioned why Behari, instead of dealing strictly with the administrative extension, engaged deeply with the merits of the allegations while time was running out.

Behari said Erasmus failed to provide key documentation he had requested and argued that witnesses who implicated Mkhwanazi were themselves facing disciplinary processes, complicating the case.

He denied claims that he advised the withdrawal of charges against Mkhwanazi, calling such allegations false and misleading.

Meanwhile, Behari also dismissed allegations that a R600,000 salary increase he received was a loyalty fee for shielding Mkhwanazi, saying the adjustment reflected expanded responsibilities.

The commission continues to hear testimony from Behari.

kamogelo.moichela@iol.co.za

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