Pressure, closed files and a silenced case: Behari lifts lid on Ekurhuleni political interference at Madlanga Commission

Suspended Ekurhuleni legal head Advocate Kemi Behari said that political interference derailed a disciplinary case against former chief operations officer Lesiba Mojapelo, alleging that it led to Thembinkosi “TK” Nciza pushing for the case to be dismissed.

Testifying at the Madlanga Commission on Monday, Behari painted a picture of a municipality where accountability buckled under political pressure, and where attempts to enforce discipline at the senior level were quietly neutralised.

Behari said the Mojapelo matter was the only disciplinary case in which he personally became involved in during his tenure, precisely because of its seriousness and financial implications.

The case, he told the commission, was linked to more than R100 million in Grants-in-Aid funding at the City of Ekurhuleni.

According to Behari, the evidence pointed to Thembinkosi “TK” Nciza and Sbu Leope as beneficiaries of the scheme connected to Mojapelo’s conduct.

He said he raised this directly with his head of department, only to be stunned by the response.

“I said to my HOD at the time, the only people we can call now is TK Nciza and Sbu Leope, because they’re the ones who the evidence is pointing to as having benefited from this entire thing,” Behari testified.

Instead of the case progressing, Behari said he was pulled aside and informed that the matter had been settled.

“My HOD pulls me out and says, ‘No, we settled the matter,’” he told the commission. “Those are the things I’m now facing a backlash for.”

The disciplinary process, he said, was closed abruptly under pressure, with no proper explanation.

While Behari did not elaborate on the precise nature of the benefits allegedly received by Nciza and Leope, he maintained that the financial trail raised red flags that warranted further action.

The testimony adds to testimonies before the Madlanga Commission suggesting systematic interference in labour and disciplinary processes at the metro.

Behari’s appearance also revisited allegations made last year by former Ekurhuleni employee relations head Xolani Nciza, a relative of TK Nciza.

Xolani Nciza previously claimed that Behari and human resources head Linda Gxasheka received R600,000 salary increases as “loyalty bonuses” for allegedly blocking disciplinary action against suspended EMPD deputy chief Julius Mkhwanazi.

Behari firmly denied that the increases were a payoff, though he acknowledged receiving the salary hike.

He told the commission the raise was now being weaponised against him precisely because he had resisted political pressure in other matters.

This is the price I’m paying because things were blocked, he said.

Beyond internal battles, Behari linked political interference to broader governance failures that have directly affected residents.

He pointed to the introduction of special municipal levies and rates, which triggered mass protests in Tembisa last year.

Behari criticised the city’s flawed public participation process, saying residents were burdened with new charges before meaningful consultation had taken place.

He said the municipality’s eventual reversal of some levies, following public outrage, cost the city an estimated R200 million.

“You put in a special levy, then only when Tembisa’s uprising happened do you decide to go back,” Behari said. “Your initial process of public participation was flawed.”

He stressed that his objections were rooted in concern for residents, not politics.

“My interest is on the citizens of Ekurhuleni. It’s on the city of Ekurhuleni,” he said.

Under questioning by co-commissioner Adv. Sandile Khumalo, Behari maintained that the unrest, the rates disputes and the stalled disciplinary cases were all symptoms of the same problem: political interference that stifled accountability.

“I did not get myself involved with politicians,” Behari insisted, adding that his only working relationship was with former city manager Imogen Mashazi.

He told the commission he has detailed records to support his claims

He is expected to continue his testimony on Tuesday.

kamogelo.moichela@iol.co.za

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