I'm not protecting anyone, ex-city manager tells Madlanga inquiry

FORMER Ekurhuleni city manager, Dr Imogen Mashazi, has blamed a legal opinion for not taking action against suspended Ekurhuleni Metro Police Department's acting chief Brigadier Julius Mkhwanazi.

Mkhwanazi has been accused of entering into two memoranda of understanding for the city with Medicare 24 and CAT VIP Security, companies tied to controversial businessman Vusimuzi “Cat” Matlala, accused of attempted murder of his ex-girlfriend.

He had also allegedly facilitated the registration of vehicles belonging to CAT VIP Security under the name of the municipality and having them fitted with blue lights.

An Independent Police Investigative Directorate (Ipid) report, had recommended that action be taken against Mkhwanazi.

Testifying at the Madlanga Commission of Inquiry on Monday, Mashazi said the Ipid report investigating allegations against Mkhwanazi was forwarded directly to suspended police chief Isaac Mapiyeye, with instructions to start disciplinary proceedings while Mkhwanazi served as a director.

Mashazi told the commission that she acted by referring the report to head of Corporate Legal Services for Ekurhuleni Advocate Kemi Behari, who informed her the report was “insufficient”.

During a media interview shown to the commission, Mashazi said the Ipid report was “very vague and I was unable to discipline anyone” based on it. 

“From that report the acting head of police (Mkhwanazi) did nothing wrong. He is being cleared by our internal audit report.”

When pressed which section of the Ipid report seemed unclear,  Mashazi replied that her comment stemmed from the legal opinion she had obtained.

She said she would not want to dwell on legal opinion from Behari, suggesting that he be called to testify at the commission as he “fully analysed” the report.

"It was their opinion at that point but looking at the serious allegations now I feel the HOD must come and talk to the opinion. But, if I was misled, I will accept," she said.

She also told the commission she could not recall which part in the report suggested Mkhwanazi was cleared.

“I acted purely on what Advocate Behari advised me about the Ipid report,” she said.

Xolani Nciza, former divisional head of employee relations, recently testified at the commission that Mkhwanazi was placed on a three-month suspension after being implicated in registering private vehicles in the municipality's name.

Nciza said Mashazi unexpectedly attacked him after Mkhwanazi's suspension was up for extension.

Mashazi allegedly accused Nciza and suspended EMPD chief Isaac Mapiyeye of having a personal vendetta against Mkhwanazi.

Mashazi told the commission: “I want to state categorically that I didn’t participate in the suspension nor the upliftment of the suspension. I deny all the facts that they indicated that I participated (and) I called them. I deny those facts.” 

Regarding Mkhwanazi’s memoranda of understanding, Mashazi said they did not come to her office and she didn't know their origin. 

“It is irregular for a department to enter into a memorandum. It was not within his powers to enter into memoranda,” she told the commission. 

She said the responsibility to discipline Mkwanazi rested with Mapiyeye and not her as she never took part in the disciplinary actions of junior officials.

“Mkhwanazi's issues were dealt with at the departmental level,” she said.

When Justice Mbuyisile Madlanga pressed her on why, as a senior executive, she did not follow up with Advocate Behari after receiving the legal opinion, she said: “I did not pay too much attention. I am not protecting anyone and I am not here to throw anyone under the bus. I concede that I didn't pay too much attention.” 

“Initially I accepted the legal opinion but eventually I felt that the opinion didn't assist me much," she said.

Cape Times