Outstanding statements from a journalist and historical conduct are among the material evidentiary gaps that allowed the ultimate return of embattled Ekurhuleni police chief Julius Mkhwanazi from suspension.
This was revealed on Monday at the Madlanga commission by suspended Ekurhuleni head of legal unit Adv Kemi Behari. He is accused of protecting Mkhwanazi from a disciplinary hearing over allegations of fitting blue lights to a fleet belonging to alleged cartel member Vusimusi “Cat” Matlala.
In 2023, Col Hennie Erasmus, who was tasked with investigating the allegations against Mkhwanazi, approached Behari to seek advice on whether he can extend Mkhwanazi’s suspension pending the disciplinary hearing outcome.
Behari told Erasmus about the risk of going to a disciplinary hearing without filling the “material gaps”.
The gaps included the two outstanding statements from a whistleblower on the blue lights and a statement from Mkhwanazi’s superior Goodman Mzolo. This also included a statement by the fleet manager who told them that there had been incidents in the past where similar agreements had been done.
Behari believed because of these gaps, the city would not emerge successful in their case against Mkhwanazi.
Commissioners found it difficult to believe that Behari was genuine in his advice to Erasmus.
Commissioner Sesi Baloyi asked: “You lead him [Erasmus] and say, ‘Go find these things,’ and you don’t say, ‘Because you are going to look for these things, you can extend his suspension.’ Can you just explain that behaviour?”
Behari responded: “I did not say I will support your extension... When I guided at that time, I didn’t have to say what the grounds for extension were, and yes, I reopened the investigation, [and] I didn’t deal with it totally; maybe I ought to have done that.”
Commissioner chairperson Mbuyiseli Madlanga asked Behari whether he truly expected the journalist to submit a statement, to which Behari said he did.
Commissioner Sandile Khumalo asked Behari whether, when he raised the issue of the gaps, he was not giving Erasmus the impression that there was not a case against Mkhwanazi; Behari conceded.
The charges against Mkhwanazi included misrepresentation, dishonesty and corruption. Behari later conceded that the allegations were enough to discipline Mkhwanazi.
Behari and suspended head of human resources Linda Gxasheka are accused of working with former municipal manager Imogen Mashazi to ensure Mkhwanazi was exonerated.
The commission has recommended that their matter be referred to a police for further investigation with the possibility of prosecution.
Sowetan
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