South African metro suspends legal boss amid police scandal

The City of Ekurhuleni has placed its Head of Legal, Kemi Behari, on precautionary suspension for failing to take disciplinary action against Ekurhuleni Metro Police Department (EMPD) Chief Julius Mkhwanazi.

This follows a behind-closed-doors meeting held by the city council last week to discuss the potential suspension of Behari and Linda Gxasheka, the head of human resources, following their implication in the Madlanga Commission of Inquiry.

The allegations against Behari relate to his failure to act on recommendations given by the Independent Police Investigative Directorate (IPID) to take disciplinary action against Mkhwanazi.

Mkhwanazi was eventually suspended in November 2025 for allegedly entering the EMPD into a contract that allowed it to provide Cat Matlala with the city’s red and blue lights for his vehicles.

In 2023, IPID was brought in to investigate the contract and found that Mkhwanazi had no authority to award it.

IPID also found that the memorandum of understanding signed with Matlala’s companies was fraudulent.

As a result, the body recommended that disciplinary action be taken against Mkhwanazi; however, none was taken. Gxasheka was also alleged to have stalled Mkhwanazi’s suspension.

The city’s spokesperson, Phakamile Mbengashe, said that Behari’s suspension is not an admission of guilt and does not constitute disciplinary action.

“It is an interim measure intended to ensure the integrity of ongoing internal processes, protect the interests of the municipality, and uphold principles of good governance.”

The alleged corruption and criminal activities within the EMPD are currently at the centre of the Madlanga Commission of Inquiry into the alleged capture of South Africa’s criminal justice system.

Earlier in the inquiry, former EMPD Deputy Police Chief Revo Spies described the department as a “criminal enterprise.”

During his testimony, he alleged that Behari protected Mkhwanazi and other corrupt officers.

Former Ekurhuleni director of employee relations, Xolani Nciza, who testified the day before Spies, alleged that Behari required all investigations into Mkhwanazi to obtain his approval first.

He also pointed to the R600,000 salary hikes received by Behari and Gxasheka, which he believes were intended to incentivise support for former city manager Dr Imogen Mashazi.

Suspended EMPD chief Jabulani Mapiyeye told the commission that all his attempts “to discipline Mkhwanazi were frustrated by Mashazi, Gxasheka, and Kemi 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.”

Mashazi cleared Mkhwanazi without thoroughly reading the report

Appearing before the Madlanga Commission of Inquiry on 1 December, Mashazi, who served as the most senior administrative and executive official within the municipality, was questioned about her rationale for dismissing the allegations so easily.

During the public inquiry, Mashazi conceded that she did not give the matter the serious attention required of her office.

When asked why she had not engaged with the specific, serious allegations she had supposedly read, Mashazi initially responded, “I did not pay too much attention to it.”

She quickly followed up by stating, “I consider it serious,” but her lack of engagement remained the central focus of the questioning.

Pressed further on her handling of the document, Mashazi said, “To be honest, I did not peruse the document thoroughly.”

Mashazi explained that the document was immediately taken by legal for review.

Crucially, she clarified that her thorough perusal of the document only occurred after she had received the legal opinion.

Despite the evident factual discrepancies and the seriousness of the fraud allegations against Mkhwanazi, Mashazi accepted the conclusion that there was “no case.”

She confirmed the outcome of her decision regarding the accused official: “I indicated in my interview that the report is vague. Therefore, we are not going to take any action. Julius was cleared.”