A draft letter questioning technical aspects of an Independent Police Investigative Directorate (Ipid) report into suspended Ekurhuleni Metro Police Department (EMPD) Deputy Chief Brigadier Julius Mkhwanazi took centre stage at the Madlanga Commission of Inquiry on Tuesday.
Suspended Ekurhuleni Municipality head of legal services Advocate Khemraj Behari conceded that a letter had been drafted and attached to an internal document, with the intention to send it to Ipid.
The letter raised concerns about technical issues in Ipid’s investigation into Mkhwanazi after the directorate had flagged his signature on two memorandum of understanding (MoUs) in October 2021. The MOUs were with companies linked to suspected criminal kingpin Vusimuzi “Cat” Matlala of Cat VIP.
According to the letter, the city was not going to continue with investigations, as the allegations had no merit.
MOU with Cat Matlala company
Senior Counsel, Commissioner Sesi Baloyi, questioned the value of the agreement. She stated that the commission had reviewed the MoU and heard Mkhwanazi’s testimony.
“We’ve read the MoU, and we had Mr Mkhwanazi here. These vehicles were not going to benefit the city,” Baloyi said.
“What I am putting to you is that when the city manager [Imogen Mashazi] said she was advised by the head of legal [Behari] that there was no merit, she could not discipline Mkhwanazi. And there is nothing wrong with her saying that,” Baloyi added.
In response, Behari explained that the MoU stipulated that vehicles would initially remain with EMPD as a donation.
“Cat VIP agreed to donate four vehicles to be registered under the City of Ekurhuleni for use by EMPD officers.
Letter drafted, never sent to Ipid
“He came here and said the vehicles were used by them. But at the stage when we drafted the document there was no such thing before us,” Behari said.
Behari further maintained that the letter was never sent to Ipid.
His statement contradicted what he told the commission on Monday. He had said that he was instructed by city manager Mashazi to draft the letter to seek clarity on the Ipid report.
He insisted, however, that the document was meant to remain an internal draft. And that it was later forwarded to MMC Masuku.
“I never had the power to overtake any disciplinary proceedings,” Behari told the commission.
He acknowledged that he was indeed the author of the letter.
“I did draft the letter,” Behari confirmed.
Meanwhile, former Ekurhuleni HR Head Linda Gxasheka is expected to start her testimony on February 26 and 27.
This is due to a statement she submitted to the commission, which has yet to be studied due to scheduling issues.
