By Lehlohonolo Lehana.
Ekurhuleni Head of Risk and Legal Services, Kemi Behari has conceded that he provided misleading testimony regarding the preliminary response to the Independent Police Investigative Directorate (IPID) report, into allegations against suspended Ekurhuleni Metropolitan Police Department (EMPD) Deputy Chief, Julius Mkhwanazi.
Behari returned to the witness stand before the Commission on Tuesday.
He told the commission that he initiated the drafting of an internal preliminary response to the IPID report for consideration by City Manager Imogen Mashazi maintaining that the document was not intended to be finalised or sent externally until IPID clarified outstanding issues.
At the time, Mkhwanazi was facing serious misconduct allegations, including claims that he unlawfully authorised a memorandum of understanding allowing alleged underworld figure Vusimuzi Matlala’s company, Cat VIP Security Services, to establish a working relationship with the EMPD.
The draft document stated that aspects of the IPID report were vague pending prosecutorial decisions and that the City required further clarity before taking action.
Behari initially told the commission the document was never sent to IPID and remained an internal draft. However, evidence leader, Advocate Lee Seegels-Ncube, produced an email showing that Behari had forwarded the document to the late former MMC Sizakele Masuku for consideration.
The commission also heard that Masuku reviewed the document and recommended that it be sent to IPID, pending signatures from both Mashazi and Behari — a position Behari ultimately conceded.
When pressed further, Behari acknowledged that his earlier version was incorrect, explaining that before appearing at the commission he had checked with divisional heads, who told him the document had not been sent.
Meanwhile Linda Gxasheka’s testimony has been postponed after she submitted a document on the eve of her appearance.
Evidence Leader Segeels-Ncube said the commission needs time to review the submission before proceeding.
Gxasheka is accused of unlawfully authorising Mkhwanazi’s reinstatement following a three-month suspension in early 2024 and of playing a role in his allegedly irregular appointment as deputy police chief.
Her legal team cited late submission of statements and the need to review documentation as reasons for the postponement.
Commission Chair, Mbuyiseli Madlanga, granted the request, ordering Gxasheka to return on 26 and 27 February, warning that failure to attend could result in criminal sanctions.