WhatTheySaid.co.zaThe Madlanga Commission record, in plain language
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."
instruction to mapiyeyeIndependent Police Investigative DirectorateDr MashaziCL0034681
"post the Commission and the evidence that we received, the report is full of gross misconduct"
content characterisationDr MashaziCL0034763
"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."
statement paragraph 180 contentAdvocate Kemi BehariAdv Behari (Kemi)CL0055785
"IPID report is dated 1st of September 2023."
dateAdv Behari (Kemi)CL0055823
"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."
content at pageAdv Segeels-NcubeCL0055837
"IPID was requesting a report from the Chief of Police to say give us a report on progress on that."
request recipientIndependent Police Investigative DirectorateAdv Behari (Kemi)CL0055981
"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"
responded toLieutenant General Godfrey LebeyaDoctor LebeyaCL0197439
"I advised the SAPS that the DPCI shall institute its own disciplinary process in line with the SAPS Act and regulations"
advisedLieutenant General Godfrey LebeyaDoctor LebeyaCL0197442
"IPID recommends that disciplinary steps must be taken against individuals"
made recommendations onIndependent Police Investigative DirectorateDoctor LebeyaCL0197443
"it is expected that the DPCI shall initiate and conclude disciplinary process within the DPCI"
responsibilityDirectorate for Priority Crime InvestigationDoctor LebeyaCL0197444
"whenever a member of the DPCI is involved, it means that it shall be dealt within"
responsibilityDirectorate for Priority Crime InvestigationDoctor LebeyaCL0197445
"the recommendation was that there be no disciplinary action taken against the DPCI members"
recommendationAdv Segeels-NcubeCL0197454
"That is correct Commissioners."
recommendationDoctor LebeyaCL0197455
"It was not submitted to me that I should initiate disciplinary processes against the Provincial Head"
submission statusDoctor LebeyaCL0197667
"I do not understand that to be actually a disciplinary process"
classificationChairpersonCL0197716
"it did not suggest as to who should we investigate in this disciplinary process"
containsDoctor LebeyaCL0197732
"that one is a disciplinary regulation"
classificationRegulation 10(6) NoticeDoctor LebeyaCL0197801
"It is a movement in terms of disciplinary process"
natureRegulation 10(6) NoticeDoctor LebeyaCL0197802
"The National Head appoint a senior functionary at the level of Major General to lead an investigation in terms of SAPS Disciplinary Regulations 2016"
recommendationthe Deputy National HeadCL0202826
"General Mosikili says he and others who were involved in that decision, should be subjected to disciplinary hearing"
recommendationAdv Baloyi SCCL0202886
"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"
requirementLieutenant General Godfrey LebeyaDoctor LebeyaCL0202887
"then the topic dies"
statusAdv Baloyi SCCL0202905
"it actually indicate who, when you establish, when you appoint an investigator"
containsDoctor LebeyaCL0202908
"you must also inform the person to be investigated"
containsDoctor LebeyaCL0202909
"on the recommendation, it does not show, it does not list those"
containsDoctor LebeyaCL0202910
"From IPID, it was listing, I think, five people"
countDoctor LebeyaCL0202911
"One from intelligence"
includesDoctor LebeyaCL0202912
"one from us"
includesDoctor LebeyaCL0202913
"you saw no need at all for an investigation with a view to instituting a disciplinary process"
belief about investigationLieutenant General Godfrey LebeyaChairpersonCL0202969
"It is not the same, Commissioner."
definitionDoctor LebeyaCL0202988
"after that investigation when they shall submit a recommendation as to whether you want to institute disciplinary proceedings or you decline"
outcomeDoctor LebeyaCL0202990
"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"
understandingLieutenant General Godfrey LebeyaDoctor LebeyaCL0202994
"Then you make a decision as to whether you are going to institute disciplinary proceedings or otherwise"
understandingLieutenant General Godfrey LebeyaDoctor LebeyaCL0202997
"I am separating that, as Commissioner Baloyi did, from a criminal process"
distinct fromChairpersonCL0203002
"for purposes of a disciplinary process, there can never, ever be an investigation"
investigation possibleChairpersonCL0203003
"If theft has taken place, my view is that that theft is the one that informs disciplinary investigation"
informsDoctor LebeyaCL0203010
"you are not suggesting that 42 people were facing disciplinary proceedings at the time when he made this request"
belief about investigationLieutenant General Godfrey LebeyaAdv Segeels-NcubeCL0203079
"previously suggested that all members who were involved in the recovery of the drugs be dealt with according to the internal disciplinary regulations"
made recommendations onSAPS Internal Investigative Team (Masemola)the reportCL0203198
"When you conduct investigation, criminal investigation, you come across the facts that require disciplinary attention."
requirementDoctor LebeyaCL0203214
"You report to the supervisor of those that you have picked up it that were involved in contravention of the disciplinary code."
stated viewLieutenant General Godfrey LebeyaDoctor LebeyaCL0203215