Suspended head of legal services for the City of Ekurhuleni, advocate Khemraj Behari, has opened up about why he let the suspension of controversial Ekurhuleni Metro Police Department (EMPD) acting chief Julius Mkhwanazi lapse.
Behari also denied ever being close to former city manager Imogen Mashazi.
Mashazi has been accused of interfering with the disciplinary process against the suspended Mkhwanazi, who faces termination due to allegations of fraud and corruption in 2023.
On Monday, Behari told the Madlanga commission of inquiry, sitting at the Brigitte Mabandla Justice College, that he had been the target of sustained political interference within the municipality.
He said his suspension comes because of his strict approach to legal compliance.
“I have always acted in the best interests of the City of Ekurhuleni. The pressure I have experienced is a direct result of my insistence on compliance with the law.
“I have full respect for all the political parties that are in the city, but there are a few elements that have been pushing this for a particular agenda; the interference was unbearable,” he stated.
Behari was grilled extensively about the handling of the suspension of Julius Mkhwanazi, particularly its expiration in 2023.
He told the commissioners that when Colonel Hennie Erasmus approached him about the impending expiry, they discussed the merits of the case.
Failure to provide legal advice
However, the commission’s chairperson, Justice Mbuyiseli Madlanga, challenged Behari on why he failed to provide formal legal advice at the time.
“You did not advise the city on the suspension. Instead, you simply accepted the documents, and the suspension lapsed,” said Madlanga.
Behari responded that he had been waiting for a further engagement.
“I was expecting Colonel Erasmus to return so that we could have a proper discussion on the matter.
“It was never my intention to let the suspension lapse. If necessary, the city could have taken steps to re-suspend Mr Mkhwanazi,” he said.
Madlanga also questioned Behari’s claim that the HR department was responsible for managing the suspension process.
He expressed concern about the timing of this explanation.
“It is only when you are pressed on your failure to advise Colonel Erasmus that HR suddenly becomes part of your version.
“It appears you are attempting to rely on HR because you are unable to answer the questions put to you,” Madlanga added.
Behari denied the claim and reiterated that he had not obstructed any disciplinary processes. “I have never discouraged disciplinary action,” he said.
Mindful of legal risks
He further pointed to the municipality’s track record at the South African Local Government Bargaining Council, highlighting that the city has previously suffered several unfavourable outcomes.
“Those experiences informed my cautious approach. I was always mindful of the legal risks involved,” said Behari.
He told the commission that he was shocked to hear a witness inform them that he was rewarded with a R600 000 salary increase as a bribe.
According to the witness, Behari was rewarded after he stopped investigations into Mkhwanazi. “It was shocking to hear I have received a R600 000 bribe, but I will deal with the matter,” he said.
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