‘No-go zone’ around top cop, Madlanga commission told

In the opening days of the Madlanga commission, KwaZulu-Natal provincial police commissioner Nhlanhla Mkhwanazi said alleged cartel leader Vusimuzi “Cat” Matlala “has been enjoying too much privilege from the law enforcement”. For example, Matlala’s connection to another Mkhwanazi — senior Ekurhuleni metro police officer Brig Julius Mkhwanazi.

This week, the commission heard from suspended Ekurhuleni chief of police Jabulani Mapiyeye and one of the brigadier’s former colleagues, Revo Spies, about how Mkhwanazi had “brazenly” disregarded Mapiyeye’s authority and repeatedly broken the law. Yet efforts to see him held accountable had failed because of his “proximity” to city manager Imogen Mashazi.

An Ipid report found that Mkhwanazi “acted unlawfully with full intent of corruption”. But its recommendations that he face a disciplinary process and be referred to the National Prosecuting Authority (NPA) got nowhere, testified Mapiyeye.

“We were so frustrated with this case,” he said. The Ipid report was with the NPA for “the longest time”. To this day, Mapiyeye did not know whether the NPA had decided to prosecute or declined, he said.

The Ipid report related to Mkhwanazi having registered four of Matlala’s cars as belonging to the Ekurhuleni Metropolitan Police Department (EMPD). The cars were fitted with blue lights. In law, only law enforcement vehicles may use blue lights.

The misuse of blue lights was becoming a “scourge” in South Africa, said Spies. It hampered law enforcement because genuine police officers did not know if they were dealing with criminals or other police officers. “You get killed when you try to stop these vehicles,” he said.

The EMPD’s investigation into the “blue lights saga” was triggered by an inquiry by News24’s Jeff Wicks, who provided the EMPD with a letter addressed “to whom it may concern”. Signed by Mkhwanazi, it said Matlala’s company, Cat VIP Protection, was in an “endless working relationship” with the EMPD. It listed seven “vehicles that we work with”.

When the EMPD investigated, Mkhwanazi produced two 2022 memorandums of understanding (MOUs) — ostensibly between the EMPD and two of Matlala’s companies, including Cat VIP Protection. The MOUs were “fraudulent”, said Mapiyeye.

They were signed only by Mkhwanazi but they were supposed to have been approved by him, he said. Also, the city had a list of security companies it had contracted with. Neither of Matlala’s companies were on that list.

Spies, who was deputy chief of police for auxiliary and logistical support, added that it was part of his function to keep a repository of all the EMPD’s contracts and an archive. “There was no such MOU” in the archive, he said.

The commission was shown videos provided by Wicks to the EMPD from the Instagram account of Cordelia Kabeng, Matlala’s “wife”. One video was taken from inside a BMW, with flashing blue lights and accompanied by the text: “Blue lights to drop off the queen n her cubs”. A second video documented Kabeng on the tarmac of a small airport, standing next to a collection of black cars accompanied by the text “Mama Cat n her fleet”. Ordinarily, private cars were not usually allowed onto an airport’s tarmac, said Spies.

Mapiyeye also told the commission Mkhwanazi had pulled in Cat VIP to protect a 2022 state of the city event. The inclusion of Cat VIP was not part of the original operational plan for the event and the move was not approved by Mapiyeye or Mkhwanazi’s direct superior, Goodman Mzolo. They were not even aware of it until after the event.

Mkhwanazi’s relationship with Matlala has come up before at the commission. In October, witness “X” revealed WhatsApp exchanges between the two, in which they called each other “ngamla” and “my blood brother”.

In one exchange, Matlala asked Mkhwanazi to intervene after his driver was arrested for speeding. The driver, Given Mafokane, was Matlala’s “right hand man”. He had been arrested and charged in at least eight cases, including fraud, armed robbery and possession of stolen property. Six cases were withdrawn and he was found guilty in two, said witness X.

Mapiyeye testified that there were more “to-whom-it-may-concern” letters claiming the EMPD was in a working relationship with people. One was for a “Mr CJ Smit”, whose letter said he was collaborating with the EMPD’s truck hijacking unit. There was no such unit within the EMPD, said Spies. Mapiyeye said there were six other letters still being traced.

Then there were cases of “blatant criminal acts” by EMPD officers who reported to Mkhwanazi. Mapiyeye listed five cases that included charges of murder, theft of copper and precious stones and extortion. “Unfortunately, and for reasons that are not clear, Ipid has not been able to progress these matters to the stage of prosecution,” he said.

Commissioner Sesi Baloyi SC said the use of Cat VIP at the state of the city event seemed “very serious”. She suggested this warranted more than the “reprimand” Mapiyeye had instructed Mzolo to give.

Mapiyeye agreed, but said: “I had this challenge of the proximity of the same gentleman with my bosses ... It was not the first incident when I came to them with issues [and they said] I must stop to be personal with Julius,” he said.

“I want to highlight that in a lot of instances where I will have to approach or reprimand Julius, I will be told that I must stop to be personal,” he said. His approach was not to target individuals. “When something is wrong, it is wrong. But with this employee, Julius, there was kind of like a no-go zone,” he said.

Mapiyeye responded that his challenge was Mkhwanazi’s “proximity” to his boss. Instead, Mkhwanazi was promoted unlawfully, said Mapiyeye. After interviews for the vacant post, Mkhwanazi and another candidate were supposed to go for competency assessments. The results would then go back to the interviewing panel. But the panel was never reconvened. Instead, he had seen Mkhwanazi at a roadblock, wearing the insignia of deputy chief of police.

Spies will continue to give evidence on Monday.