By Johnathan Paoli
Suspended Ekurhuleni HR head Linda Gxasheka turned the tables on her accusers at the Madlanga Commission of Inquiry, alleging that suspended EMPD chief Isaac Mapiyeye acted independently when he withdrew disciplinary charges against deputy chief Julius Mkhwanazi.
Appearing after lunch, Gxasheka faced renewed scrutiny from evidence leader Matthew Chaskalson over correspondence relating to the 2023 upliftment of Mkhwanazi’s suspension.
“The upliftment of the suspension did not come with conditions. If there was to be a redeployment, there had to be proper motivation and the employee’s consent. Without following due process, the City would have exposed itself to a constructive dismissal claim,” she testified.
Mapiyeye had written to Gxasheka indicating his intention to redeploy Mkhwanazi to the EMPD by-laws department once his three-month suspension was lifted.
Gxasheka said she advised that such a move required both formal motivation and Mkhwanazi’s consent, warning of potential legal risks. She added that the proposed redeployment did not align with the City’s talent acquisition policy.
Commission chairperson Mbuyiseli Madlanga remarked that it seemed unusual for consent to be required for a transfer linked to disciplinary action.
Gxasheka confirmed that city manager Imogen Mashazi had instructed her to halt the redeployment attempt, describing Mashazi as “well versed with legal matters” and sounding “like someone who had been legally advised”.
Turning to the withdrawal of disciplinary charges, Gxasheka rejected claims that she pressured Mapiyeye to abandon the case. Mapiyeye previously testified that he withdrew the charges to stop alleged harassment from Mashazi, legal head Kemi Behari and Gxasheka.
“I’m not going to exonerate myself in this mess,” Gxasheka said, insisting Mapiyeye made the decision on his own. She pointed to what she described as contradictions between his testimony and that of former employee relations head Xolani Nciza.
The commission also examined allegations that Gxasheka failed to pursue disciplinary action against six EMPD Drug Enforcement Unit officers arrested by the Independent Police Investigative Directorate (IPID) for allegedly extorting R80,000 from a member of the public and later being incorporated into VIP Protection.
Gxasheka said she was awaiting the finalisation of investigations and that IPID matters were not discussed with her directly.
She added that EMPD liaised directly with IPID and that the Internal Affairs Unit was responsible for initiating disciplinary processes. The officers have since been moved out of the VIP unit and internal processes are under way, she said.
A contentious August 2023 directive requiring disciplinary cases to first be assessed by legal services head Behari before referral to HR was also debated.
Nciza had described it as an unlawful policy modification, but Gxasheka maintained that disciplinary process reforms had been an ongoing governance issue at the metro.
She sought to challenge Nciza’s credibility by questioning his academic qualifications, claiming his original CV reflected an NQF level 7 qualification while documentation before the commission reflected NQF level 8.
Chaskalson suggested Nciza may have upgraded his qualification, noting differing dates.
Gxasheka further accused former EMPD officer Revo Spies of fraud and corruption for taking early retirement and later joining the City of Tshwane while receiving retirement benefits.
Commissioners repeatedly pressed her on whether any rule prohibited such a move.
She insisted it amounted to misrepresentation, though Commissioner Sesi Baloyi noted there appeared to be no prescript preventing it.
On allegations that she unlawfully intervened to block criminal record vetting of EMPD officers, Gxasheka was unequivocal.
“I dispute any statement that says I unlawfully intervened in the vetting process. I advised that the process must be fair and just, that consent must be obtained from the employees, and that a legal opinion be sought. The HR Department cannot be both a referee and a player in the same matter,” she said.
She maintained that HR’s role was limited to vetting at the appointment stage and that ongoing checks of serving officers should be handled by EMPD itself.
Gxasheka also denied that salary increases she and Behari reportedly received — about R600,000 each — were rewards for protecting senior officials.
She said the increases were duly approved by council and followed due process, adding that Nciza had earned more than her at the time of her appointment.
Proceedings were adjourned to allow Gxasheka and her legal team to consider supplementary documents, with further questioning set to continue on Friday.
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