Suspended Ekurhuleni Metro Police Department (EMPD) deputy chief Julius Mkhwanazi, who is seeking bail, has dismissed the State’s concerns that he could harm witnesses if released, calling allegations linking him to the deaths of potential witnesses misleading.
Mkhwanazi made the submission during his fourth bail application in the Brakpan Magistrate’s Court on Thursday, where he appeared alongside co-accused Cobus Janse van Rensburg, Bhekokwakhe Sibande, Adrian Mackenzie, Kersha-Leigh Stols and newly added accused Juan-Maré Eksteen.
The six face charges of murder, robbery with aggravating circumstances and defeating or obstructing the administration of justice relating to the alleged cover-up of businessman Emmanuel Mense’s murder.
The State alleges that the accused were involved in the assault and killing of Mense, the disposal of his body at Spaarwater Dam in Duduza, Nigel, and the failure to report the alleged crime.
Mkhwanazi has however disputed the State’s version and, in his bail affidavit, took issue with the suggestion that he could interfere with witnesses if released.
He said the State’s case appeared to link him to the deaths of four of the 13 people allegedly involved in the raid during which Mense was assaulted.
“Currently, four of the 13 have died from bullet wounds, including Marius van der Merwe (fondly known as ‘Witness D’), who allegedly died at the hands of a well-trained marksman.”
Mkhwanazi argued that the deaths could not simply be used to suggest that he would eliminate witnesses if granted bail.
“In other words, the suspected ground for opposing bail that the State may rely on is interference with State witnesses, in the sense of such State witnesses being eliminated.”
He further argued that it would be misleading to suggest that he was complicit in the deaths of several potential witnesses.
Mkhwanazi specifically referred to the killing of Madlanga Commission whistleblower Marius van der Merwe, who was shot dead in December 2025.
He pointed out that he is not a suspect in Van der Merwe’s murder, while former South African Police Service Special Task Force member Matipandile Sotheni has been charged in connection with the killing.
“In the Van der Merwe case, one Matipandile Sotheni has been charged and his matter is pending in the Brakpan Magistrate’s Court,” he said.
Mkhwanazi also referred to the death of police officer Raymond Khoza, who was shot and killed in Tsakane while investigating cries for help coming from a drug den.
He rejected any suggestion that Khoza’s death formed part of an effort to eliminate State witnesses.
The investigation in which several suspects were arrested and then released clearly confirms his death to have been drug-related.
The State’s allegations against Mkhwanazi stem from the events surrounding the alleged murder of Mense following a robbery at the Schneider Electric warehouse on 9 March 2022.
Armed men allegedly held security guards at gunpoint during the robbery before stealing a large quantity of copper using two trucks and a bakkie.
According to the State’s case, on 14 April 2022, Janse van Rensburg told his co-accused that he had information that Mense was the owner of one of the trucks allegedly used during the warehouse robbery.
The State alleges that about 13 people, including members of the SAPS, EMPD officers and private security personnel, subsequently raided the property where Mense was found resting.
They allegedly ransacked the premises before assaulting and torturing Mense while questioning him about the stolen copper.
The State further alleges that Mense had R500 000 in his possession, but that his pleas to take the money were ignored.
Mkhwanazi is then accused of proposing that Mense’s body be dumped in a nearby dam. His body was discovered the following afternoon by a fisherman, who alerted police.
However, Mkhwanazi maintains that he only arrived at the scene after Mense had died, contradicting the State’s allegation that he knew about, agreed to and actively participated in the robbery, torture and killing.
In addition, Mkhwanazi has also made allegations concerning the lead Independent Police Investigative Directorate (IPID) investigator, Nomsa Masuku, claiming that she repeatedly approached him to become a Section 204 state witness in the Mense murder case.
A Section 204 witness may give self-incriminating evidence in exchange for indemnity from prosecution, subject to the relevant legal requirements.
Mkhwanazi claims he rejected the offer and maintained that he could not provide evidence implicating his co-accused because he had only been at the scene for a short period.
In his affidavit he said: “Lead investigator Mrs Masuku, has persistently requested to become a Section 204 witness against my co-accused and co-suspects.”
“I have candidly and despite being made such offer, persistently maintained that I was present at the scene for a brief few minutes, and under the circumstances as related to during before, but therefore could not shed any light whatsoever on the complicity or otherwise of my co-accused and co-suspects.”
Mkhwanazi and Janse van Rensburg have also challenged the credibility of Van der Merwe, alleging contradictions between statements he made to police and evidence he later gave before the Madlanga Commission.
The State is opposing bail for all six accused, arguing that they are flight risks and could interfere with witnesses and investigations if released.
The bail hearing will resume on Friday, when Eksteen, the partner of deceased Wiandre Pretorius, is expected to bring her bail application.
