Suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi will remain in custody over the long weekend.
His bail application was postponed to August 13.
Mkhwanazi and his four co-accused appeared before the Brakpan Magistrate’s Court on Thursday, facing a Schedule 6 murder charge linked to the 2022 killing of businessman Emmanuel Mbense.
Alleged cover-up
Mkhwanazi, who was arrested for the fourth time, is accused of participating in an alleged cover-up following Mbense’s murder.
He appeared alongside Kersha-Leigh Stols, Adrian Mackenzie, Kobus Janse van Rensburg – the owner of a private security company, and Bekokwakhe Sibande – a South African Police Service (SAPS) officer.
The five accused face charges relating to the alleged murder of Mbense and the disposal of his body. According to the State, Mbense was allegedly tortured to death before his body was dumped in a dam near Nigel.
As the matter was heard, the State argued that because the accused are charged with a Schedule 6 offence, the burden rests on the defence to prove that exceptional circumstances exist to justify their release on bail and that it would be in the interests of justice for the group to be granted bail.
The prosecutor submitted that the defence had indicated its readiness to proceed with the bail application but later sought further particulars from the State, including extensive information that had only been requested on the morning of the hearing.
The State argued that it could not reasonably respond to such a detailed request without sufficient time to consider the application and determine what information, if any, should be disclosed.
‘Onus entirely on shoulders of the defence’
“The onus is entirely on the shoulders of the defence,” the prosecutor told the court.
“The State cannot be compelled to present its case or disclose information to assist the defence in discharging its burden.”
The prosecutor further argued that the defence appeared to be seeking information that would enable it to build its bail application rather than first presenting evidence of exceptional circumstances, as required under Section 60(11)(a) of the Criminal Procedure Act.
In terms of the Act, an accused charged with a Schedule 6 offence must remain in custody unless they satisfy the court that exceptional circumstances exist and that their release would be in the interests of justice.
The State maintained that it was prepared to oppose bail and present its own evidence at the appropriate stage but could not be forced to reveal its strategy or evidence before the defence had discharged its legal burden.
Following arguments from both parties, the court refused bail.
The matter was postponed to August 13 for further proceedings relating to the bail application.
- Suspended Ekurhuleni Metropolitan Police Department deputy chief Julius Mkhwanazi and four co-accused faced a Schedule 6 murder charge linked to the 2022 killing of businessman Emmanuel Mbense.
- Mkhwanazi and the others are accused of involvement in an alleged cover-up and the disposal of Mbense's body, who was allegedly tortured to death and dumped in a dam near Nigel.
- The bail application for Mkhwanazi was postponed to August 13, with the court refusing bail due to the requirement that the defence prove exceptional circumstances for release under Section 60(11)(a) of the Criminal Procedure Act.
- The State argued it could not provide extensive requested information to the defence on the morning of the hearing as it needed time to consider the request and determine disclosure.
- The prosecutor emphasized that the burden of proof for bail rests entirely on the defence and the State is not obliged to disclose evidence or strategy before the defence meets this legal burden.
