The Madlanga Commission in Pretoria is investigating claims that Kemi Behari, suspended head of legal services at Ekurhuleni Municipality, used his position to protect Julius Mkhwanazi, the suspended deputy chief of the Ekurhuleni Metro Police Department (EMPD).
EMPD Chief Jabulani Mapiaye testified last year that Behari, together with a municipal HR official, went out of their way to shield Mkhwanazi from having to account for his actions.
Behari took the stand on Monday, claiming he had been victimized after stopping what he described as a “looting spree” of lawyers colluding with municipal officials. He denied any involvement in withdrawing charges against Mkhwanazi, calling the matter unclear.
“Yes, the internal investigation process for me is the investigation that was internal affairs. It would have made no sense, because from any layperson’s perspective, it was finished already in March,” Behari said.
Commissioner Sandile Khumalo questioned him over his focus on IPID (Independent Police Investigating Directorate) evidence against Mkhwanazi, which had recommended prosecution through the National Prosecuting Authority.
While Behari admitted writing to IPID to challenge aspects of its case, he reportedly failed to implement clear directives against Mkhwanazi. Commissioner Sisi Baloyi noted that IPID had sought information on disciplinary actions, not criminal proceedings, highlighting a misalignment in Behari’s response.
“IPID was asking for a report on when disciplinary actions were instituted and how the matter was finalized to comply with the provisions of section 30C of the IPID Act. It had nothing to do with the criminal charges,” Baloyi said.
Behari’s testimony is set to continue, as the Commission seeks to determine whether he improperly interfered in municipal disciplinary processes to protect a senior police official.