Advocate Behari Accused of Shielding EMPD Deputy Chief Mkhwanazi by Sidestepping Suspension Advice
Advocate Khemraj ‘Kemi’ Behari, head of the Risk and Legal Services Department of the City of Ekurhuleni testifying at the Madlanga Commission on Monday.
Image: SABC News
The controversy surrounding the suspension of Ekurhuleni Metro Police Department (EMPD) deputy chief Julius Mkhwanazi has shifted focus to how internal legal advice and procedural oversight may have influenced the disciplinary process.
Head of Ekurhuleni’s Risk and Legal Services Department, Advocate Khemraj Behari, revealed at the Madlanga Commission that rather than advising on an extension of Mkhwanazi’s 2023 suspension, he recommended gathering additional statements from witnesses, including investigative journalist Jeff Wicks, who first reported the vehicle donations and blue lights scandal.
Behari’s testimony highlighted potential gaps in internal procedures, including the decision-making process around suspensions and re-suspensions.
The commissioners questioned why Behari did not directly advise Internal Affairs Head Colonel Hennie Erasmus on extending the suspension, and why Dr Imogen Mashazi, Ekurhuleni 's former City Manager, was informed of the expiry of Mkhwanazi’s suspension.
They expressed concern that procedural options, such as re-suspending Mkhwanazi based on new information, were not communicated or pursued, leaving questions about accountability and adherence to municipal disciplinary protocols.
Previous testimonies, including those from suspended EMPD chief Isaac Mapiyeye and former divisional head of employee relations Xolani Nciza, underscored challenges within Ekurhuleni’s disciplinary framework, suggesting that internal communication and decision-making mechanisms may have affected the handling of allegations against Mkhwanazi.
Mashazi, maintained she did not personally interfere in the disciplinary process and acted according to the advice of Behari, who deemed the IPID report on Mkhwanazi as “insufficient.”
The proceedings have brought renewed attention to the role of internal legal advice in municipal disciplinary matters, and whether procedural lapses or gaps may have inadvertently influenced outcomes in high-profile cases.
DAILY NEWS