Madlanga Commission: Khemraj Behari faces scrutiny over handling of EMPD deputy chief's suspension

Advocate Khemraj ‘Kemi’ Behari, head of the Risk and Legal Services Department of the City of Ekurhuleni came under fire at the Madlanga Commission of Inquiry on Monday for allegedly being part of a clique that blocked a disciplinary action against suspended deputy chief of Ekurhuleni Metro Police Department (EMPD) Julius Mkhwanazi in 2023.

The disciplinary action in question was related to Mkhwanazi’s three-months precautionary suspension for his alleged involvement in entering into two memoranda with companies linked to alleged crime mastermind Vusimuzi "Cat" Matlala out of keeping with municipal regulations.

Mkhwanazi was facing charges of gross misconduct for allegedly facilitating the unlawful donations of vehicles by Matlala's companies to Ekurhuleni and having them fitted with blue lights.

The commission heard that Mkhwanazi was placed on suspension that was due to expire, prompting an investigator Colonel Hennie Erasmus, Head of Internal Affairs, to seek legal advice from Behari on extending the suspension.

Instead Behari advised Erasmus to gather statements from other individuals familiar with the donated vehicles and blue lights scandal, including investigative journalist Jeff Wicks, who initially broke the story. 

Justice Mbuyiseli Mdlanga questioned Behari's decision not to advise on the suspension extension, asking why he did not address Erasmus's query directly. 

Behari responded that valid reasons are needed to extend a suspension and Erasmus had not indicated if other witnesses were outstanding, adding he had not formed a definitive view on the case's merit.

“Now if you had not taken a definitive view, surely there must mean that you had not discounted the possibility that further investigation just might plug those gaps. Is that not correct?” Madlanga inquired.

Behari responded: “The further investigation would have certainly plugged those gaps.”

Madlanga suggested he would have advised extending the suspension and Behari conceded, saying: "In hindsight, I accept that." 

Madlanga sharply questioned Behari's actions, suggesting he intentionally allowed Mkhwanazi's suspension to lapse, potentially enabling Mkhwanazi to return to work. 

"You are raising all the problems with him and you say I am going to speak to the chief of police and by the time you speak to the chief of police the suspension has expired. You let it expire,” he said.

Behari insisted his intention was not to let the suspension lapse, but to ensure due process and adherence to laws preventing punitive suspension.

He noted nothing stopped them from re-suspending Mkhwanazi with new information.

Co-commissioner Advocate Sandile Khumalo SC expressed astonishment that Behari did not advise former City Manager Dr Imogen Mashazi about re-suspending Mkhwanazi with new information after Behari had cited it as a viable option that should have been considered.

Commissioner Advocate Sesi Baloyi SC expressed concern that Behari did not at least advised Eramus to extend the suspension while addressing the gaps he identified in the case against Mkhwanazi.

She said the gaps which included statements from other individuals had nothing to do with the extensions.

“The owner of the case is satisfied that he has concluded his investigation,” Baloyi said.

Behari emphasised he did not commit to supporting the suspension extension, instead indicating he would write to the chief of police to explore ways to finalise the matter.

In his testimony in November suspended EMPD chief Jabulani Mapiyeye implicated Mashazi, Human Resource head Linda Gxasheka, and Behari in blocking Mkhwanazi's suspension, contradicting Behari's account of events.

“All my attempts to discipline Mkhwanazi were frustrated by Mashazi, Gxasheka, and Kemi Behari. In fact, these attempts led me to be suspended on numerous occasions, culminating in disciplinary charges for alleged sexual harassment being levelled against me in November 2024,” Mapiyeye said.

Testifying last year Mashazi denied that she interfered in the  disciplinary process against Mkhwanazi, who was a brigadier in 2023, facing allegations of fraud and corruption.

The disciplinary process stemmed from the Independent Police Investigative Directorate (Ipid) report, which recommended that action be taken against Mkhwanazi.

Mashazi told the commission that she acted by referring the report to Behari, who informed her the report was “insufficient”.

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