Mkhwanazi ‘had a working relationship’ with CAT VIP Protection, not EMPD

Former Ekurhuleni employee relations director Xolani Nciza has told the Madlanga commission that it was suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy commissioner Julius Mkhwanazi who had a working relationship with CAT VIP Protection, not the municipality.

Mkhwanazi had been on special leave since September this year after being linked to controversial businessman Vusimuzi ‘Cat’ Matlala.

The municipality suspended him on Tuesday.

Nciza testified before the commission on Wednesday and spoke about Mkhwanazi’s alleged misrepresentations and dishonest conduct.

Last week, suspended Chief of Police Jabulani Mapiyeye told the commission about the memorandum of understanding (MOU) Mkhwanazi allegedly entered into with CAT VIP Protection, which led to some of the company’s vehicles being fitted with blue lights.

The company allegedly protected Ekurhuleni officials during the state of the city address in 2022.

Allegations against Mkhwanazi

Nciza said the EMPD had the highest number of disputes or disciplinary matters in the municipality because of the nature of the work they perform.

“They work with members of the public, so they have all sorts of allegations raised, including assault, bribery and misconduct. In respect of the investigations in Mkhwanazi’s unit, we had the blue light scandal, but there were also other investigations that were underway against three other officials — horror stories happening within the unit — including copper theft, murder, extortion,” he said.

ALSO READ: EMPD deputy chief Mkhwanazi suspended following Madlanga commission allegations

Mkhwanazi faced allegations of serious misconduct.

“After consultations, I approved that Mkhwanazi be investigated by a disciplinary tribunal. In my view, the [investigation] report had ticked the relevant boxes that would convince an HR practitioner that there is a basis for this employee to respond to these allegations that have been levelled against him,” said Nciza.

The investigation report he received was 250 pages long.

Why a tribunal

Nciza explained that allegations against Mkhwanazi were serious, and among them, two “jumped out” for him.

“What jumped out was the usage of two titles. You will find that in a letter, there is JD Mkhwanazi, the acting deputy municipal police Commissioner and also brigadier,” he said.

“I have been in HR management for more than 20 years, and that does not happen. When you’re in an acting position, you perform both functions. If you are writing a letter, you must distinguish who is writing the letter; it’s either or, not both, because responsibilities differ and so do the powers of each position.”

This is a letter in which he allegedly outlined the MOU between the municipality and CAT VIP Protection.

However, he did concede that he would not completely rule out the possibility that Mkhwanazi used “Brigadier” to indicate his rank, rather than a title.

“I wouldn’t completely discount the possibility that he was simply referring to his rank; it’s just that the content of the letter brings me to this, to say this was meant to obfuscate the roles.”

‘No MOU’

Nciza further told the commission that although the letter outlined an MOU between the two parties, there was no such agreement.

“The author of the letter says there is an MOU signed with CAT VIP Protection, but there is no memorandum of understanding that existed between CAT VIP Protection and the municipality. When I looked at the docket, there was no signed MOU, so this is grossly dishonest in my view.

“There was a draft, and a draft is simply that, just a draft. But this letter, written by Mkhwanazi, indicates that there was an MOU. This representation was intended to clothe this arrangement with some form of regulatory standing where there was none. He did not have the authority to issue such a letter.

ALSO READ: Police chief implicated at Madlanga commission reportedly asks for leave

“The EMPD falls under the command of the chief of police, so Mkhwanazi’s claim that EMPD is under his command was incorrect. It was a misrepresentation. Another misrepresentation was about an endless working relationship [between the municipality and CAT VIP Protection].

“There is no working relationship, let alone an endless one. He had his working relationship, not with the municipality, and not with the EMPD. What became clear in terms of the investigation is that indeed, there was some working relationship, but it is not a working relationship of the municipality with CAT VIP Protection or EMPD with CAT VIP Protection, but one he has constructed outside of the regulatory framework, policies of the municipality and legislation. He constructed that relationship, and hence he said it was endless because he had no intention of separating from CAT VIP Protection.”

‘To whom it may concern’

According to Nciza, the letter drafted by Mkhwanazi was also addressed to “whom it may concern,” meaning any CAT VIP Protection employee could be in possession of it.

“Whoever had this letter could claim a relationship with the municipality. To this date, we don’t know who has this letter and what they did with it,” he said.

“I have not come across any information to say the people who got this letter, if it was CAT VIP Protection people, what did they do with this letter? That’s a scary thought that a letter of the municipality can be in the hands of these individuals. Even if they get into a road block or all sorts of situations, they will not be checked, but simply say we are in a relationship with the EMPD, you can’t touch us.”

NOW READ: Mchunu takes another hit following Madlanga commission and parliament revelations