By Johnathan Paoli
The City of Ekurhuleni has confirmed the precautionary suspension of its Legal and Risk Services department head, Advocate Kemi Behari.
The suspension follows a council resolution empowering the city manager to act in terms of municipal disciplinary regulations for senior managers.
Behari faces allegations, raised in evidence before the Madlanga Commission and in relation to an Independent Police Investigative Directorate (IPID) report, that he failed to implement IPID-recommended disciplinary action against suspended metro police deputy chief Julius Mkhwanazi.
Mkhwanazi – who will be appearing before the Madlanga Commission on Wednesday – is himself accused of entering the metro police into a fraudulent contract with alleged underworld figure Vusimuzi “Cat” Matlala that enabled his private companies to be unlawfully issued with the city’s blue and red lights.
The city, however, has stressed that the precautionary suspension is not a finding of guilt, does not constitute disciplinary action, and is intended solely as an interim measure to protect the integrity of internal processes and uphold good governance.
In a statement issued on Wednesday, the municipality said Behari had been suspended with full pay after City Manager Kagiso Lerutla concluded that a basis existed to invoke Regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers.
The council adopted the enabling resolution on 18 November, delegating authority to Lerutla to take steps consistent with the regulations.
According to the metro, the process began with Lerutla assessing whether a precautionary suspension was justified under Regulation 6(1), which permits such action where the presence of a senior manager may compromise an investigation, pose a risk to municipal property or undermine proper administration.
In line with Regulation 6(2), Behari was invited to make written representations before a final decision was made.
After receiving and considering those representations together with the legislative provisions governing senior management discipline, Lerutla decided to proceed with a precautionary suspension.
The metro said that the decision was not taken lightly.
Regulation 6(6) sets limits on the length of such suspensions and prevents senior managers from being placed on indefinite precautionary leave while investigations unfold. It also requires a disciplinary hearing to commence within a prescribed period, failing which the suspension lapses.
By invoking these provisions, the metro said that the suspension is both legally compliant and procedurally fair.
“The City emphasises that this is not a finding of guilt, nor does it 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 statement read.
While the city did not disclose the particulars of the matters under investigation, it indicated that withholding further information was necessary to protect both the process and the rights of the official concerned.
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