Suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Brigadier Julius Mkhwanazi and four men accused alongside him will stay in custody after the Brakpan Magistrate’s Court postponed their bail proceedings until next Thursday.
The matter was adjourned to August 13 following legal disputes over the classification of the charges and the State’s opposition to their release.
Court proceedings got underway on Thursday afternoon, with prosecutors and defence lawyers locking horns over whether the case should be treated as a Schedule 6 offence.
Mkhwanazi appeared in the dock with former EMPD officer Keisha-Leigh Stols, serving EMPD officer Adrian MacKenzie, SAPS member Bhekokwakhe Sibande and civilian Cobus Janse van Rensburg.
All five accused were taken into custody on Wednesday.
Prosecutors informed the court that the accused face a Schedule 6 murder charge, placing the onus on them to prove exceptional circumstances if they wish to secure bail.
The arrests stem from the alleged murder of Emmanuel Mbense, who investigators believe was tortured inside his Brakpan home in April 2022 before his body was allegedly dumped in a dam in Duduza near Nigel.
Mbense’s death became a key focus of evidence before the Madlanga Commission, where witnesses testified about an alleged effort to conceal the circumstances surrounding the killing.
Evidence led before the commission linked the suspended EMPD deputy chief to the alleged cover-up.
Security company owner Marius van der Merwe, who testified before the commission under the pseudonym Witness D, claimed Mkhwanazi arrived at the scene after Mbense had already been killed.
Van der Merwe was gunned down outside his Brakpan home on December 5, 2025, only weeks after giving his testimony before the commission.
According to his evidence, Mkhwanazi instructed those present to dispose of Mbense’s body either in a river or at a mine dump.
State prosecutor Nceba Ntelwa told the court that the prosecution would vigorously oppose bail for every accused.
He argued that the allegations fall squarely within the provisions of Schedule 6 because the murder was allegedly committed during the course of a robbery involving several people.
For that reason, Ntelwa said the State would oppose any attempt by the accused to secure their release pending trial.
The defence rejected the State’s position, arguing that prosecutors had failed to justify the Schedule 6 classification and had not disclosed enough information to allow them to prepare meaningful bail applications.
Representing Mkhwanazi, Advocate Peter Wilkins submitted that the allegations against his client, at their highest, amounted only to being an accessory after the fact, an offence that does not fall under Schedule 6.
Attorney Gerhald Nel, acting for Van Rensburg, argued that the defence had been left in the dark about the factual basis on which the State intended opposing bail.
Advocate Crystal Keevy, who represents both Stols and MacKenzie, echoed those concerns, saying the defence could not responsibly proceed without receiving further details from the prosecution.
Despite those objections, Ntelwa maintained that the legal burden rests on the accused to establish exceptional circumstances because they face a Schedule 6 offence.
He told the court that the defence had only requested extensive documentation, including the charge sheet and other case-related material, on the morning of the hearing.
The prosecutor argued that the State needed adequate time to consider the request and determine what information could lawfully be disclosed.
“The State cannot be compelled to reveal its case or hand over information simply to assist the defence in meeting its burden,” Ntelwa submitted.
He asked the court for an opportunity to assess the defence’s application before deciding which documents, if any, should be provided.
Ntelwa further argued that the prosecution remained ready to oppose bail and present evidence at the appropriate stage but could not be forced to expose its case strategy in advance.
After hearing submissions from both the State and the defence, the magistrate postponed the matter until August 13 for the continuation of the bail proceedings.
