Labour Court Dismisses Mkhwanazi’s Bid to Block Disciplinary Hearing
The Labour Court has dismissed an urgent application by suspended Ekurhuleni Metro Police Department deputy chief commissioner Julius Mkhwanazi, allowing the City of Ekurhuleni to proceed with disciplinary action against him.
Mkhwanazi had attempted to halt the process, arguing that the municipality did not have the authority to discipline him for alleged misconduct linked to a contract that has since been terminated. He claimed that any charges arising from that period fell outside the city’s jurisdiction.
The court rejected this argument, ruling that a change in employment status or contract does not exempt an employee from accountability for alleged wrongdoing committed during their tenure.
In her judgment, Judge Suzanna Harvey stated that Mkhwanazi was employed by the municipality at the time of the alleged misconduct and remained in its employ when the allegations surfaced and the disciplinary process was initiated. The court found that he failed to demonstrate that the proceedings against him would be unlawful.
The ruling removes a key obstacle to internal disciplinary proceedings that could have significant consequences for the senior officer.
Mkhwanazi has also been implicated in allegations of corruption presented at the Madlanga Commission. He is accused of having links to controversial businessman Vusimuzi “Cat” Matlala, including claims that private vehicles belonging to Matlala were unlawfully registered under the municipality’s name.
His legal challenge was widely viewed as an attempt to delay or avoid facing these allegations in a formal disciplinary setting.
Following the court’s decision, the City of Ekurhuleni is now free to move ahead with the disciplinary process, with Mkhwanazi expected to respond to the charges. He is also scheduled to testify before the commission on April 14.