Madlanga Commission reveals Ekurhuleni Metro Police's reluctance to act against Brigadier Mkhwanazi

The Madlanga Commission of Inquiry heard on Wednesday that the Ekurhuleni Metro Police Department (EMPD) lacked the "appetite" to implement disciplinary recommendations by the Independent Police Investigative Directorate (Ipid) against suspended Deputy Metro Police Chief Julius Mkhwanazi, accused of brokering deals involving vehicles donated by Vusimuzi "Cat" Matlala's VIP Security Services in 2023.

The vehicles were registered under the city's name and fitted with blue lights, with allegations pointing to fraud and corruption by Mkhwanazi during his tenure as a brigadier.

Testifying at the commission, Ipid's Acting National Head of Investigations, Thuso Keefelakae, revealed that Commissioner Revo Spies and suspended EMPD Chief Isaac Mapiyeye had discussed internal EMPD problems with former Ipid director Dikeledi Ntlatseng, indicating concerns about internal issues within the metro department.

He said Ntlatseng established a task team to deal with EMPD issues, including cases involving Mkhwanazi. 

The blue light saga case, he said, was investigated in 2023 and concluded in the same year because external investigators were brought in to expedite it.

Keefelakae said he personally signed the recommendations, saying that Mkhwanazi must be charged because of the overwhelming evidence against him.

He testified that the matter was also referred to the Director of Public Prosecution (DPP), who identified additional aspects requiring exploration in the EMPD case, but the exercise was unrelated to the department's disciplinary process.

As far as he knows, the DPP has not yet decided on the EMPD case, but one is anticipated soon.

He told the commission that the delay in the EMPD case was necessary to follow the DPP's guidance. "Had we not done so, we would have omitted very important information that is strengthening the criminal aspect," he said.

Keefelakae expressed concern that Ekurhuleni's failure to implement disciplinary recommendations against Mkhwanazi has put Ipid in an "awkward position".

"EMPD didn't have the appetite to implement those recommendations against Brigadier Mkhwanazi," he said.

He expressed disappointment over "a fake letter that was made by politicians to exonerate Mkhwanazi without him having been subjected to any disciplinary process", adding that the letter was never submitted to Ipid. 

During his testimony on Tuesday, Advocate Khemraj 'Kemi' Behari, suspended head of Ekurhuleni's Risk and Legal Services, told the commission that the letter in question was penned by senior officials in his department and that he approved it.

The letter with Behari's signature said: "I have consulted with internal staff, and I am advised that based on the current evidence, it will be difficult to prove fraud and corruption. Your report attaches little or no value to director Mkhwanazi (who was a suspect)."

According to Behari, the letter was intended for the consideration of former city manager Dr Imogen Mashazi, and it was not intended to be finalised or dispatched until Ipid clarified certain outstanding matters.

In December last year, Mashazi testified that Mkhwanazi was cleared based on a legal opinion from Behari, whom the Ipid report deemed "insufficient". 

She referred the report to Behari, who advised on the matter before Mashazi reviewed it herself.

But Behari had denied giving "such advice to the city manager".

Keefelakae testified that Ipid's external team handled multiple Ekurhuleni cases, resulting in arrests, disciplinary action, resignation, and dismissal of implicated officials at the same time it dealt with Mkhwanazi's case.

"Very convenient that at the same time you have recommendations that were sent regarding this other one, that even when you escalate the matter to a political office, they say there's nothing they can do," he said.

He also testified that Mkhwanazi is still implicated in the investigation of Emmanuel Mbense's death. 

Mbense was taken from his home, and his body was found in a Vaal dam in April 2022.

"The police visited Mbense to inquire about a stolen truck alleged to have been involved in stolen goods. There were allegations that Mbense didn't provide the requested information, and as a result, he was assaulted by those officers who were attending."

He said Mbense's body was discovered by a fisherman, who alerted the police.

He cited that a post-mortem was provided, and that the investigator would provide more information during his testimony to the commission.

"The same docket was referred to the DPP for a decision to prosecute. The decision will be made before the end of this month," he said.

Keefelakae’s testimony is still under way.

rapula.moatshe@inl.co.za