Ekurhuleni legal head Behari rejects claim R600k salary hike was linked to shielding Mkhwanazi

The head of Risk and Legal Services at the City of Ekurhuleni, Advocate Khemraj ‘Kemi’ Behari, has steadfastly denied that his hefty R600 000 salary increase was in any way linked to protecting Ekurhuleni Metro Police Department (EMPD) Julius Mkhwanazi from disciplinary action.

Behari, who has been called to testify at the Madlanga Commission of Inquiry, dealt with the issue of Mkhwanazi's suspension in 2023. The disciplinary action in question was related to Mkhwanazi’s three-months precautionary suspension for his alleged involvement in entering into two memoranda with companies linked to alleged crime mastermind Vusimuzi "Cat" Matlala out of keeping with municipal regulations.

Behari was suspended in November last year for allegedly failing to take disciplinary action against Mkhwanazi, who was also suspended last year.

In 2023, Mkhwanazi was facing charges of gross misconduct for allegedly facilitating the unlawful donations of vehicles by Matlala's companies to Ekurhuleni and having them fitted with blue lights.

When Mkhwanazi's suspension was due to expire, investigator Colonel Hennie Erasmus, Head of Internal Affairs, wrote to Behari seeking advice on whether the suspension could be extended.

Instead Behari advised Erasmus to gather statements from other individuals familiar with the donated vehicles and blue lights scandal, including investigative journalist Jeff Wicks, who initially broke the story. 

Justice Mbuyiseli Mdlanga questioned why Behari failed to address the issue of the extension and instead asked for statements. 

Behari responded that valid reasons are needed to extend a suspension and Erasmus had not indicated if other witnesses were outstanding, adding he had not formed a definitive view on the case's merit.

Madlanga sharply questioned Behari's actions, suggesting he intentionally allowed Mkhwanazi's suspension to lapse, potentially enabling Mkhwanazi to return to work. 

"You are raising all the problems with him and you say I am going to speak to the chief of police and by the time you speak to the chief of police the suspension has expired. You let it expire,” he said.

Behari insisted his intention was not to let the suspension lapse, but to ensure due process and adherence to laws preventing punitive suspension.

Speaking on the salary increase issue, Behari said: “There was no loyalty bonus,” insisting the increase was neither a bribe nor linked to any improper intervention in Mkhwanazi’s case.

Former Ekurhuleni employee relations head Xolani Nciza alleged that disciplinary charges against Mkhwanazi were abruptly halted and Behari and former human resources head Linda Gxasheka were rewarded with substantial salary increases for their “loyalty”.

“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.

He suggested the increase was justified, arguing it followed the expansion of his responsibilities and workload within the municipality.

The Madlanga Commission continues this week, with further testimony expected from Ekurhuleni officials.

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