Former Ekurhuleni city manager Imogen Mashazi used a withdrawn rape charge against suspended Ekurhuleni Metro Police Department (EMPD) chief Isaac Mapiyeye for ulterior motives during testimony before the Madlanga commission, evidence leader Mahlape Sello contended on Tuesday.
Mashazi said Mapiyeye had painted himself as a "victim" at the commission but was allegedly among EMPD senior officials linked to rape, sexual harassment and having improper affairs with female junior officers in exchange for promotions.
Mashazi said many of the female officers had refused to lay charges and she "did nothing" to effectively deal with the alleged systematic issue other than to empower them by promoting them.
The commission has heard of weak disciplinary processes in the municipality under Mashazi's leadership, including failure to ensure investigations of serious matters and not taking disciplinary action.
Mashazi told the commission Mapiyeye was suspended in September 2024 after a rape and sexual harassment complaint by a junior in his office.
Still, Sello challenged Mashazi's testimony, saying she had failed to indicate that the rape charge she relied on was withdrawn by the victim.
"The rape charge that you spoke so much of yesterday [Monday] was in fact in this process withdrawn. You omitted to draw to the attention of the commissioners that the rape charge that you spoke so often about was in fact withdrawn," Sello said.
She accused Mashazi of having ulterior motives by focusing on the alleged rape. She said Mapiyeye initially faced 12 charges but by June that had been reduced to one charge.
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Mashazi conceded the rape charge she referred to was withdrawn, but she said the complainant was willing to testify in camera before the commission about the case. "I indicated the victim should be afforded the opportunity to come and speak for herself and she agreed to talk about the case," she said.
Mashazi could not answer questions on several matters, including the rape charge, and referred questions to other officials.
The former city manager contended she was not given enough time to prepare her testimony.
Sello said: "You brought up these issues, I submit, for your own ulterior purposes. When you are confronted with them, then your response is that the victim must come.
"This commission is not interested in subjecting victims to secondary abuse, which appears to be a solution to the problem as far as you are concerned. They never invited themselves here. Why should the commissioners do so? That is highly irresponsible of you."
Sello accused Mashazi of using a subordinate's misfortune in her clash with Mapiyeye.
"You ask witnesses to be called and speak on your behalf on an allegation of rape by a junior member in the force that has got nothing to do with you. That witness cannot come and speak about that issue, because you did not suffer from that indignity.
"You used a junior's misfortune for your own purposes before this commission. Stop using her or attempting to use her because we will not permit you to use her."
Sello said Mashazi accused officials, but when the "mud doesn't stick" she pinned the provision of evidence on junior staff.
Earlier on Tuesday, Mashazi also alleged that Mapiyeye was involved in two or three car accidents while allegedly under the influence of alcohol but did not face disciplinary action.
Mashazi knew about the allegations by 2020, but Mapiyeye was reappointed to the position of EMPD chief in 2022.
Mashazi, who was part of the hiring panel, said she could not take action against Mapiyeye because he was politically protected.
She also said she did not take action against Mapiyeye because she had not received any written complaints about the accidents.
Commissioner Sesi Baloyi asked Mashazi whether she should not have filed a complaint with the Independent Police Investigative Directorate or launched an investigation herself.
Mashazi conceded she should have investigated the allegations and charged Mapiyeye where there was evidence of wrongdoing, instead of expecting evidence to be produced.
"Let me concede that I failed to discipline the chief of police, and I also failed to do proper oversight on him," Mashazi said.