Suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi and four co-accused have returned to the Brakpan Magistrate’s Court on Thursday for a bail application linked to the 2022 murder of businessman Emmanuel Mbense.
According to EWN, the five accused have spent the past week in custody after being arrested on 5 August following allegations that emerged during the Madlanga Commission of Inquiry. They face charges including murder, robbery with aggravating circumstances and defeating the ends of justice.
Mkhwanazi is appearing alongside Keisha-Leigh Stols, Adrian MacKenzie, private security company owner Cobus Janse van Rensburg and former South African Police Service (SAPS) officer Bhekokwakhe Sibande.
Also see: World Cup news: South African squad predictions
State opposes bail
The state is opposing bail, arguing that the accused face a Schedule 6 murder charge. Under South African law, an accused facing a Schedule 6 offence generally has to demonstrate exceptional circumstances before bail can be granted.
The prosecution alleges that Mbense was killed during a robbery at his home in April 2022. His body was subsequently found at Spaarwater Dam near Nigel.
According to evidence previously presented to the Madlanga Commission of Inquiry, Mbense was allegedly assaulted during the raid on his home before his body was removed from the property. His family only learned more about the circumstances surrounding his death after testimony was presented to the commission.
Defence challenges Julius Mkhwanazi’s charge
Mkhwanazi’s lawyer, Advocate Peter Wilkins, has disputed the state’s decision to charge his client under Schedule 6.
During the previous court appearance on 6 August, Wilkins argued that the allegations contained in the charge sheet did not establish Mkhwanazi’s direct involvement in the murder. He submitted that, on the State’s version, Mkhwanazi could at most be charged as an accessory after the fact.
The defence also questioned the state’s decision to oppose bail and sought additional information from the prosecution before proceeding with the application.
The matter was postponed after Magistrate Audrey Mashigo found that the defence teams were not ready to proceed because they wanted to engage further with the State about information relating to the case.
Also see: Meet Amahle Jaxx, the unofficial news anchor of TikTok
Allegations surrounding Emmanuel Mbense’s death
According to EWN reports, the case has its roots in testimony before the Madlanga Commission, which is investigating alleged criminality, political interference and corruption in South Africa’s criminal justice system.
The commission heard allegations that Mbense was killed after law-enforcement and private-security personnel raided his home. Evidence presented to the inquiry implicated several people in the alleged robbery and subsequent cover-up.
The state alleges that cash and other property were taken during the operation and that those involved later met and agreed to maintain secrecy about what had happened.
The allegations remain before the court and have not been proven. Mkhwanazi and his co-accused are presumed innocent unless convicted.
Also see: ‘Not me waking up to news that I’m married’ – Onezwa Mbola deems wedding photos as AI
Featured image: X
Be the first to know – Join our WhatsApp channel for content worth tapping into. Click here to join!
