decisionSeptember 2023E000121
IPID report recommends discipline against Julius Mkhwanazi
IPID delivered a report to the City of Ekurhuleni with findings of fraud and corruption, directing that disciplinary proceedings be instituted against Julius Mkhwanazi. Received by both the Chief of Police and the City Manager.
40 claims from testimony
"They wrote to him as the Chief of Police to discipline Julius."
"post the Commission and the evidence that we received, the report is full of gross misconduct"
"On or about September 2023, IPID delivered a report to the City, containing preliminary findings on various EMPD matters. The report contained disciplinary recommendations and referred to potential criminal conduct. Several of the findings were framed in broad terms, pending prosecutorial direction from the National Prosecuting Authority."
"IPID report is dated 1st of September 2023."
"On page 102, paragraph 2 of that document, there is an instruction that is given by IPID to initiate disciplinary proceedings against Director Julius Doctor Mkhwanazi."
"IPID was requesting a report from the Chief of Police to say give us a report on progress on that."
"On the 22nd of July 2024, I responded to the IPID informing it that the DPCI has received the report from Human Resource Management and it is being studied"
"I advised the SAPS that the DPCI shall institute its own disciplinary process in line with the SAPS Act and regulations"
"IPID recommends that disciplinary steps must be taken against individuals"
"it is expected that the DPCI shall initiate and conclude disciplinary process within the DPCI"
"whenever a member of the DPCI is involved, it means that it shall be dealt within"
"the recommendation was that there be no disciplinary action taken against the DPCI members"
"That is correct Commissioners."
"It was not submitted to me that I should initiate disciplinary processes against the Provincial Head"
"I do not understand that to be actually a disciplinary process"
"it did not suggest as to who should we investigate in this disciplinary process"
"that one is a disciplinary regulation"
"It is a movement in terms of disciplinary process"
"The National Head appoint a senior functionary at the level of Major General to lead an investigation in terms of SAPS Disciplinary Regulations 2016"
"General Mosikili says he and others who were involved in that decision, should be subjected to disciplinary hearing"
"if there was sufficient information or evidence to suggest that I should take disciplinary action against the Provincial Head, it should have come in the form of Regulation 8.1"
"then the topic dies"
"it actually indicate who, when you establish, when you appoint an investigator"
"you must also inform the person to be investigated"
"on the recommendation, it does not show, it does not list those"
"From IPID, it was listing, I think, five people"
"One from intelligence"
"one from us"
"you saw no need at all for an investigation with a view to instituting a disciplinary process"
"It is not the same, Commissioner."
"after that investigation when they shall submit a recommendation as to whether you want to institute disciplinary proceedings or you decline"
"my understanding and interpretation of the discipline regulations of the SAPS is that you identify the person to be investigated, you give that person notice of the investigation, and that investigation must be completed in 30 days' time, or if it is not completed on such period that it shall have been extended. When that is completed, they bring back the report on the outcome of the investigation. Then you make a decision as to whether you are going to institute disciplinary proceedings or otherwise"
"Then you make a decision as to whether you are going to institute disciplinary proceedings or otherwise"
"I am separating that, as Commissioner Baloyi did, from a criminal process"
"for purposes of a disciplinary process, there can never, ever be an investigation"
"If theft has taken place, my view is that that theft is the one that informs disciplinary investigation"
"you are not suggesting that 42 people were facing disciplinary proceedings at the time when he made this request"
"previously suggested that all members who were involved in the recovery of the drugs be dealt with according to the internal disciplinary regulations"
"When you conduct investigation, criminal investigation, you come across the facts that require disciplinary attention."
"You report to the supervisor of those that you have picked up it that were involved in contravention of the disciplinary code."