By Lehlohonolo Lehana.
The Head of Risk and Legal Services for the City of Ekurhuleni, Kemi Behari has denied accusations of corruption, stating there is no evidence linking him to any wrongdoing.
Behari was testifying before the Madlanga Judicial Commission of Inquiry.
The commission has been probing allegations of political interference, governance failures and misconduct within the City of Ekurhuleni.
He addressed several incidents that formed the basis of the accusations, including a sexual harassment complaint against the Chief of Police Jabulani Mapiyeye, traffic fine irregularities involving the Deputy Chief, Julius Mkhwanazi and the dismissal of the Division Head of Employee Relations Xolani Nciza for misconduct.
In his testimony in November, Mapiyeye implicated municipal manager Imojen Mashazi, HR head Linda Gxasheka, and Behari in blocking Mkhwanazi’s suspension, contradicting Behari’s account of events.
“All my attempts to discipline Mkhwanazi were frustrated by Mashazi, Gxasheka, and Kemi (Khemraj) Behari. In fact, these attempts led me to be suspended on numerous occasions, culminating in disciplinary charges for alleged sexual harassment being levelled against me in November 2024,” he said.
Behari told commission that he communicated the information related to the expiry of Mkhwanazi’s imminent suspension to Mashazi.
Mashazi testified that she avoided involvement in disciplinary proceedings for mid-level employees like Mkhwanazi, a brigadier at the time.
Nciza said Mashazi unexpectedly attacked him after Mkhwanazi’s suspension was up for extension.
Mashazi accused Nciza and Mapiyeye of having a personal vendetta against Mkhwanazi.
She denied that she interfered in the disciplinary process against Mkhwanazi, who was facing allegations of fraud and corruption.
The disciplinary process stemmed from the Independent Police Investigative Directorate (Ipid) report, which recommended that action be taken against Mkhwanazi.
Behari was grilled extensively about the handling of the suspension of 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.
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.”
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.
Behari further dismissed claims that a R600,000 salary increase he received was a “loyalty bonus” for helping derail disciplinary action against Mkhwanazi.
“There was no loyalty bonus,” he told the commission, insisting the increase was neither a bribe nor linked to any improper intervention in Mkhwanazi’s case.
Nciza alleged that disciplinary charges against Mkhwanazi were abruptly halted around February 20, 2023, allegedly following pressure from Mashazi.
Behari strongly rejected that version of events. He said claims that his pay hike was linked to making disciplinary charges “go away” were unfounded and aimed squarely at tarnishing his reputation.
“It is shocking and astonishing to be accused of receiving a R600,000 bribe, “Behari told the commission, adding that he welcomed the opportunity to finally confront the allegation under oath.
Behari denied any role in shielding misconduct, maintaining that his actions were lawful and professionally defensible.
Mkhwanazi was accused of covering up a murder scene, while officers in his unit were allegedly linked to a number of crimes. The commission also heard that 275 EMPD officers have criminal convictions, which include 58 counts of assault, 41 of theft, 33 of driving under the influence and 28 of reckless driving.
Another 15 officers are awaiting trial for murder, 14 for fraud and eight for robbery. One hundred others were awaiting trial. Four officers convicted of murder and four of rape are still in the service of EMPD.
Behari also testified that a disciplinary case involving senior manager and chief operating officer Lesiba Mojapelo was settled under pressure despite evidence pointing to benefits received by former ANC Gauteng Secretary General Thembinkosi “TK” Nciza and Sibusiso Leope, popularly known as DJ Sbu.
In 2001, Nciza co-founded TS Records, a record label, with Leope.
Behari informed the commission that his plans to hold the two figures accountable led to the abrupt closure of the matter.
“I did not get instructions from the city manager; I got instructions from my HOD [head of department] at the time and the HOD HR. Apparently, Nciza was close to him.
Behari said allegedly Nciza and Leope benefited in over R100 million in municipal grants for events. All [investigations] have been blocked.
“And as we were going through the SIU [Special Investigating Authority] report, we struggled with evidence where none of the witnesses from the city were forthcoming,” he said.
The Commission submitted its interim report and recommendations to President Cyril Ramaphosa in December last year, which he has since studied and accepted.
The commission found prima facie evidence of wrongdoing regarding the following current and former employees of the EMM:
- Suspended EMPD Chief of Police, Commissioner Julius Mkhwanazi
- EMPD Officer Bafana Twala
- EMPD Officer Aiden McKenzie
- EMPD Officer Kershia Leigh Stols
- EMM former City Manager, Dr Imogen Mashazi
- EMM fleet manager/proxy, Mr Chris Steyn
- EMM Head of Department of Human Resources, Ms Linda Gxasheka
- EMM Head of Legal, Adv Kemi Behari
- Etienne van der Walt
Ramaphosa expects all law enforcement agencies and other relevant criminal justice institutions to act with speed in implementing the recommendations of the Commission’s interim report.