The Labour Court has ruled against Julius Mkhwanazi’s urgent bid to stop disciplinary action.
Image: Oupa Mokoena / Independent Newspapers
The Labour Court has dismissed an urgent application by suspended Ekurhuleni Metro Police Department (EMPD) deputy chief, commissioner Julius Mkhwanazi, clearing the way for the City of Ekurhuleni to proceed with disciplinary action against him.
Mkhwanazi had sought to block the hearing, arguing that the city had no authority to discipline him for alleged misconduct linked to a contract that has since been terminated.
He maintained that any charges arising from that period fell outside the municipality’s jurisdiction.
The court rejected this argument outright.
In a direct ruling, the court found that a change in contract or employment position does not shield an employee from accountability for alleged wrongdoing committed under a previous agreement.
It concluded that Mkhwanazi failed to prove that the disciplinary process would be unlawful.
“The employee was an employee of the employer at the time of the alleged misconduct, and he remained an employee at the time the allegations were made and the disciplinary enquiry instituted,” Judge Suzanna Harvey said in her ruling.
The judgment effectively removed the last immediate obstacle to internal proceedings that could have serious consequences for the senior officer.
Mkhwanazi remained a central figure in allegations of corruption raised at the Madlanga Commission.
He is accused of links to suspected crime figure Vusimuzi “Cat” Matlala.
The allegations include illegally registering Matlala’s private vehicles under the municipality’s name.
His attempt to halt the process was widely seen as a bid to avoid facing those allegations in a formal disciplinary setting.
With the court’s ruling, the City of Ekurhuleni is now free to proceed.
Mkhwanazi must now answer to the charges.
Meanwhile, Mkhwanazi is expected to testify before the commission on April 14.
kamogelo.moichela@iol.co.za
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