By Johnathan Paoli
Ekurhuleni’s suspended Legal Services head, advocate Khemraj “Kemi” Behari, has conceded that his department did intend to send a letter challenging the Independent Police Investigative Directorate’s (IPID) findings against suspended EMPD deputy chief Julius Mkhwanazi in a marked reversal from his earlier sworn claim that the document was a harmless internal draft never meant for external circulation.
Facing a second day of questioning at the Madlanga Commission on Tuesday, evidence leader advocate Lee Segeels-Ncube confronted Behari with emails attaching the contested document and showing that it had been prepared for the signature of the MMC for Community Safety.
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He conceded that there was an intention to send a letter questioning IPID’s fraud and corruption case against Mkhwanazi.
“At that stage, I received a report from the division head to say it was never sent to us, but clearly the intention, as you point out now and having looked at the matter, was clearly a document in its final form which could have gone from the city side to Ipid,” Behari said.
Behari had testified on Monday that former city manager Dr Imogen Mashazi instructed him to “seek clarity on technical issues” within the IPID report, but insisted the letter was merely an internal draft that “was never meant to be sent to IPID”.
Segeels-Ncube put it bluntly that the letter was structured to defend Mkhwanazi and had been sent under an MMC’s name to disguise that it reflected the city manager’s preferred stance, “as she didn’t want her name on it”.
She later confronted him with the timeline of two conflicting letters: one on 6 December 2023 challenging IPID’s findings, and another on 7 December 2023 stating the city was implementing them.
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Commissioner Sesi Baloyi told him this created “a worrying impression of an intention to mislead”.
Evidence leaders also argued that the MMC’s refusal to sign the first draft likely led Behari to revise the document into what became the city’s official response, the “comprehensive report” marked PN19, even though it remained unsigned.
Behari conceded that there was clearly an intention to send a critical letter to IPID, and he should have been more diligent in following up.
Segeels-Ncube further suggested that Behari objected to how the IPID report was routed because he was part of a “clique trying to protect Brigadier Mkhwanazi” and did not want the opposing EMPD Chief of Police to participate in handling the matter.
Behari denied protecting anyone, but several lines of questioning pressed that theme.
Commission chair former Justice Mbuyiseli Madlanga challenged him on his claim, recorded in the draft letter, that it would be “difficult to prove fraud and corruption” against Mkhwanazi.
“There is no document that states that IPID would have difficulty proving fraud and corruption,” the chair said.
He instructed Behari to locate any evidence supporting his stance, however after a 30-minute break, Behari could not produce such documentation.
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Baloyi reminded him that the broader context of his cross-examination was the allegation that he “colluded with the city manager in the protection of Brigadier Mkhwanazi,” who allegedly had an improper relationship with controversial businessman Vusimuzi “Cat” Matlala, specifically the “blue lights scandal”.
Behari struggled under further questioning about the legal basis for authorising the vehicle donation linked to Matlala.
When Baloyi asked him which of 12 administrative tasks empowered Mkhwanazi to accept and register a vehicle to the city while it remained with the donor, Behari could not identify a single authorising provision.
Commissioners also challenged his assertion that Mkhwanazi’s IPID statement had “little or no value”.
Segeels-Ncube noted that Mkhwanazi’s own version included admissions that key memoranda were not signed or approved.
Madlanga pushed him: “Your claim only makes sense if the statement contains exculpatory material. Please show us where it is.”
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Under pressure, Behari conceded that the draft reply his department prepared “looked like an attack” on IPID’s findings.
Behari acknowledged telling Mashazi that IPID’s charges were “not sustainable” despite denying ever advising her that the report was incomplete or that an internal investigation should replace IPID’s findings.
Baloyi concluded that Behari’s letter argued the entire vehicle transaction “was for the benefit of the city” and that Mkhwanazi “did nothing wrong”, advice that “made it impossible” for the city manager to pursue disciplinary action.
The commission continues after lunch.
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