Ekurhuleni Legal Head Advocate Kemi Behari testified at the Madlanga Commission that a disciplinary investigation into Ekurhuleni senior manager Mojapelo was abruptly closed despite evidence of misconduct.

The probe concerned over R100 million in municipal grants for events, which Behari said allegedly benefited celebrities TK Nciza and DJ Sbu Leope.

““All investigations have been blocked. And that is why now I’m facing repercussions because Nciza mentioned one thing,” Behari told the commission.

Behari explained he became involved in the labour matter concerning Mojapelo, then COO, under instructions from his HOD and the HR HOD, not the city manager.

“The only time I was involved in labour matters was when it dealt with a senior manager. Nciza had close ties to Mojapelo, which complicated efforts to pursue the investigation. Attempts to secure witnesses for the SIU report were unsuccessful,” he said.

According to Behari, TK Nciza applied pressure to prevent accountability.

“The only people we can call now are TK Nciza and Sbu Leope, because they’re the ones the evidence is pointing to as having benefited from this entire thing,” he said.

Behari said his HOD later pulled him aside and told him the matter had been settled, effectively halting the investigation.

Behari also addressed broader governance issues, including flawed public participation on special levies, which he said caused Ekurhuleni to lose around R200 million.

“You put in a special levy, then only when Tembisa’s uprising happened did you decide to go back. But your initial process of public participation was flawed,” he explained.

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Behari said DJ Sbu and TK are being implicated at the Madlanga Commission for benefiting from Ekurhuleni corruption.

Behari was explaining why certain high-profile investigations seemed to hit a dead end just when things were getting heated.

At one stage Behari mentioned the case of a Senior Manager called Mojapelo, he claimed that a case against this manager was settled under extreme pressure.

Things got even more interesting when he mentioned that evidence pointed toward popular figures TK Nciza and Sbu Leope allegedly benefiting from certain situations.

However, Behari told the commission that as soon as he brought up the idea of calling them in to answer questions, his own Head of Department suddenly ended the case.

Behari is facing claims that he received a massive loyalty bonus of R600,000 to make sure a disciplinary case against a suspended Deputy Police Chief Julius Mkhwanazi didn’t go anywhere.

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Behari was placed on precautionary suspension with full pay following testimony that linked him to the alleged obstruction of disciplinary processes within the Ekurhuleni Metro Police Department (EMPD).

The primary allegation against Behari is that he played a key role in preventing disciplinary action against Mkhwanazi, who was repeatedly linked to alleged misconduct, including the controversial authorisation of blue lights for private security vehicles and other irregularities.

Former head of employee relations Xolani Nciza, Lieutenant Colonel Kelebogile Thepa all told the commission that Behari and his cronies which include Former City Manager Dr Imogen Mashazi, Head of Human Resources Linda Gxasheka were blocking any disciplinary measures concerning Mkhwanazi.

According to Mapiyeye, this group frustrated internal accountability processes and, instead, he himself became the subject of repeated suspensions.

He further testified that the pressure escalated to the point where he faced a sexual harassment charge in November 2024, which he claims was used to remove him from office while Mkhwanazi remained protected.

Spies delivered some of the commission’s most explosive testimony, describing parts of the EMPD as operating like a “criminal enterprise.”

He told the commission that senior municipal officials, including those within legal services, shielded certain officers from accountability.

Spies named Behari as part of a network that allegedly ensured Mkhwanazi and others were insulated from investigation and discipline, despite serious allegations being raised internally.

Nciza further implicated Behari, testifying that all disciplinary investigations involving Mkhwanazi were required to pass through Behari for approval.

Nciza said this effectively gave Behari control over whether investigations proceeded, stalled, or stopped entirely.

He also testified that during this period, both Behari and HR head Linda Gxasheka received significant salary increases, which he suggested raised serious questions about incentives and loyalty within the system.

Thepa did not directly accuse Behari, but her testimony provided important context about the internal environment at EMPD.

Thepa told the commission that she was subjected to smear attempts after becoming involved in investigations linked to the Cat Matlala blue light scandal.

Thepa told the commission that at some stage her life was in danger and even received death threaths that she will be burnt alive after she began questioning the Cat Matlala’s Cat VIP contract.

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Speaking during a live-streamed press conference watched across South Africa, Madonsela said she was forced to break her silence after months of what she calls a “relentless character assassination campaign” linked to the estate of her late partner, businessman Richard “Dick” Foxton, who passed away on 21 June 2025.

“I Come With a Heavy Heart”: Why Madonsela Spoke Out Now

Madonsela opened the briefing by explaining that she had tried to deal with her partner’s passing privately and with dignity, but escalating developments left her with no choice.

“I come to this platform reluctantly with a heavy heart… Nearly six months since the passing of my late partner,” she said.

According to Madonsela, shortly after she filed court papers challenging a will she believes does not reflect Foxton’s true wishes, she became the target of damaging media reports portraying her as greedy and embroiled in a “bitter family dispute”.

She strongly rejected that narrative.

“I have had no fight with the Foxton family. The only party that has had issues with me since hours of bereavement is someone my partner trusted with his business and finances.”

Shock Eviction Attempt Days After Foxton’s Death

One of the most disturbing revelations was an attempted eviction just two days after Foxton died.

Madonsela told journalists that while she was mourning, a message was posted in a family WhatsApp group instructing that the Johannesburg apartment she shared with Foxton be locked and vacated immediately.

“This was not a court order. It was a chilling WhatsApp message,” she said.

She stressed that the apartment was their primary home, where they spent holidays, Christmases and years together, while a Stellenbosch house was mainly for work and future retirement.

The attempted eviction, she said, traumatised not only her but also her children and Foxton’s son, Justin Foxton, who had travelled to Johannesburg to mourn his father.

Life Partner, Not a “Casual Relationship”

Madonsela was emphatic that her relationship with Foxton was public, long-term and deeply committed, lasting nearly a decade.

She revealed:

They met in 2016 and became engaged in 2018

She was introduced publicly as his partner

She lived with him and supported him until his final weeks

She cited messages from Foxton’s own family members acknowledging her role in his life and confirming that he regarded her as the love of his life.

“Every speaker at the funeral treated me as his spouse. Our relationship was never secret.”

She described as “bizarre and hurtful” demands that she stop calling herself his partner, despite the very will being defended referring to her as such.

Alleged Fraud, Missing Documents and a Disputed Will

At the centre of the legal battle is a disputed will, with Madonsela challenging what she described as a purported 2025 will that allegedly:

Does not comply with legal requirements

Is missing the original document

Contradicts earlier valid wills

She also raised serious concerns about estate reporting, claiming that documents lodged with the Master of the High Court:

Incorrectly listed the deceased as having no children

Misrepresented who the “nearest relative” was

Underreported assets

Madonsela confirmed she has formally asked for the removal of the executors, arguing they lack impartiality and failed in their fiduciary duties.

R10 Million Property Valuation Sparks Safety Fears

One of the most alarming moments of the briefing came when Madonsela addressed reports that the home she currently lives in was allegedly valued at R10 million without her knowledge or consent.

“I never authorised anyone to access my home for a valuation,” she said.

She explained that professional valuations require physical access, raising fears that someone may have entered her home without permission.

Security experts, she revealed, advised her to make the issue public in case “anything happens” to her.

“The thought of unauthorised access to my home left a chilling effect on my family.”

“This Is Not About Money”

Madonsela firmly rejected claims that she is seeking more than what was provided for in earlier wills.

“I am not asking for double the bequest. That would be unlawful.”

Her court application, she said, seeks only:

A declaration that the disputed will is invalid

Enforcement of valid earlier bequests

Removal of executors appointed under questionable circumstances

Appointment of an impartial executor

She also confirmed that her rights as a surviving life partner are grounded in constitutional and statutory law following key Constitutional Court judgments.

A Call for Justice and Transparency

In closing, an emotional Madonsela said the last six months had forced her to grieve while simultaneously defending her dignity, her safety and her partner’s legacy.

“I consider these grave injustices.”

She called on the Department of Justice to conduct a forensic investigation into the estate, particularly what she described as potentially fraudulent reporting.

“I did not invite you to judge these matters. I expect the court to judge them.”

Madonsela ended by thanking her children, supportive members of the Foxton family, colleagues, friends, and South Africans who have offered prayers and messages of support.

Why This Story Matters

This unfolding legal battle involving one of South Africa’s most respected public figures raises profound questions about estate administration, women’s rights, life partnerships, and the abuse of power during bereavement.

As the courts prepare to rule, the nation will be watching closely.

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