The suspended Ekurhuleni head of legal services, Adv Kemi Behari, says he never cleared embattled metro police chief Julius Mkhwanazi on allegations of fraud and corruption.
This contradicts evidence presented by former municipal manager Imogen Mashazi, who told the commission that the city could not charge Mkhwanazi based on the Independent Police Investigative Directorate’s (Ipid’s) report because their legal department believed the charges were not sustainable.
“I have never cleared [Mkhwanazi]; no-one ever cleared [Mkhwanazi]. I didn’t give such advice to the city manager [Mashazi],” Behari said yesterday.
The letter was drafted in December 2023 by the Ekurhuleni legal department and intended to respond to Ipid’s findings, which recommended that Mkhwanazi be disciplined. The city said the findings were vague and that it would be difficult for them to prove that Mkhwanazi had committed fraud and corruption by entering into an MoU (memorandum of understanding) with the security company of alleged cartel member Vusi “Cat” Matlala on behalf of the city.
Ipid had found there was prima facie evidence that amounted to fraud and corruption and recommended that Mkhwanazi face a disciplinary hearing, among other things.
Defending the letter, Behari said the letter was only a draft and was not intended to be sent to Ipid.
He said he drafted the letter after MMC for community safety Sizakele Masuku asked him for legal advice on how to respond to Ipid’s findings.
“The letter was never sent to Ipid. It remained an internal draft and was withheld precisely because the city had not yet received the necessary clarifications from Ipid regarding the confidentiality classification of the report and the prosecutorial status of certain matters.
“The allegation that the draft represented an official stance by the city is incorrect. It acquired a profile only after being leaked — without authorisation — to certain individuals, including Mr [Thembinkosi] Nciza, who then mischaracterised it before the commission," said Behari.
On Monday, Behari told the commission that the city had settled a matter involving then COO Lesiba (Joe) Mojapelo, despite evidence that DJ Sbu, real name Sibusiso Leope, and Nciza, former ANC Gauteng provincial secretary, benefited from R100m in municipal grants.
However, DJ Sbu said there is no factual basis for Behari’s allegations.
“These allegations, which attempt to implicate myself [and] Nciza, are entirely false, defamatory and without any factual basis,” he said.
“I categorically deny any involvement in wrongdoing, misconduct or unethical activity of any kind.”
Behari and suspended head of human resources Linda Gxasheka are accused of working with Mashazi to ensure Mkhwanazi was exonerated.
It is alleged that after Behari and Gxasheka shielded Mkhwanazi, they received a salary increase of R600,000.
Behari and Mashazi have denied the allegations before the commission, while Gxasheka is expected to appear before the allegations of criminality, political interference and corruption in the criminal justice system on February 26.
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