Suspended Ekurhuleni Metro Police Department (EMPD) deputy chief Julius Mkhwanazi and his five co-accused remain behind bars after a lengthy bail hearing in the Brakpan Magistrate’s Court on Tuesday.
Mkhwanazi, Cobus Janse van Rensburg, Adrian MacKenzie, Keisha-Leigh Stols, Bhekokwakhe Sibande and Juan-Maré Eksteen face charges of murder, robbery with aggravating circumstances and defeating or obstructing the administration of justice in connection with the April 2022 killing of businessman Emmanuel Mbense.
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The state opposed bail, arguing that the accused are flight risks and could interfere with witnesses and the ongoing investigation.
How the accused were linked to Mbense’s death
The case stems from a March 2022 warehouse robbery in Brakpan in which copper worth millions of rand was allegedly stolen.
According to the state’s case, information later emerged linking one of the trucks allegedly used in the robbery to Mbense.
On April 14 2022, a group of more than 10 people, including SAPS members, EMPD officers and private security personnel, allegedly went to Mbense’s home in Brakpan.
The State alleges that Mbense was found at his home, where he was questioned about the stolen copper. He was allegedly assaulted and tortured during the interrogation.
The prosecution further alleges that the group was looking for copper worth about R5-million and that a 10% incentive was attached to recovering it.
The state claims that Mbense eventually died from blunt-force injuries. His body was allegedly removed from the property and dumped at Spaarwater Dam in Duduza, near Nigel. He was discovered the following day.
Mkhwanazi’s alleged role
The State alleges that Mkhwanazi was called to the scene after Mbense had been fatally injured.
Prosecutor Nceba Ntelwa told the court that, when Mkhwanazi arrived, one of those at the scene allegedly addressed him as “chief” and said, “It’s that time again.”
According to the prosecution, Mkhwanazi then ordered that Mbense’s body be disposed of in the dam.
The State has argued that the circumstances surrounding his arrival and alleged response suggest that he knew what had happened before he arrived and played a role in the subsequent cover-up.
Mkhwanazi, however, has denied being involved in Mbense’s killing.
How the other accused became implicated
Janse van Rensburg, a private security company owner, allegedly became involved after information circulated about the stolen truck. During the bail proceedings, he said he had received a call and WhatsApp messages from a local group seeking assistance in locating the vehicle.
Sibande, MacKenzie and Stols have also acknowledged being at the property but have denied involvement in Mbense’s alleged assault or death. Their versions are that they arrived after the situation was already under control and later left.
Sibande, a former SAPS officer, has in particular challenged the state’s evidence placing him at the scene. An Ipid investigator testified that police records and vehicle-tracking evidence placed him there, while the defence questioned the reliability of the SAPS automatic vehicle-location system.
Eksteen was later added as the sixth accused. She is the former partner of the late Wiandre Pretorius, another person linked to the investigation, who died by suicide earlier this year.
State relies on alleged cover-up and witness deaths
The court has heard that several people connected to the investigation have died since Mbense’s murder, including Marius “Witness D” van der Merwe, police officer Raymond Mzwakhe Khoza, police informant Jaco Hanekom and Pretorius.
Van der Merwe, who gave evidence about Mbense’s killing before the Madlanga Commission of Inquiry, was shot dead outside his Brakpan home in December 2025.
The State has also told the court that private security official Etienne van der Walt has since become a State witness after allegedly going into hiding following threats.
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The prosecution argues that these developments demonstrate the potential danger to witnesses should the accused be released.
Defence challenges the state’s version of Mbense’s death
But Adv Peter Wilkins, representing Mkhwanazi, attacked the state’s description of what happened to Mbense.
Wilkins argued that the state’s allegation that Mbense was subjected to prolonged torture was inconsistent with the postmortem findings presented to the court.
“The state says that the deceased was beaten up and tortured for a long time. Now, your worship, the postmortem reports that your worship has become privy to suggests otherwise,” Wilkins argued.
He pointed to the finding that Mbense died from blunt-force trauma and argued that the postmortem did not reflect the extent of injuries that would be expected from prolonged torture.
“It states simply that death occurred as a result of blunt force trauma,” he said.
Wilkins argued that the state had failed to establish a sufficient factual basis for opposing bail on the grounds of witness interference.
He further challenged the state’s argument that the accused posed a flight risk.
Wilkins pointed out that the accused had not fled before their arrests and had previously cooperated with authorities.
“I submit, your worship, that there’s no case,” Wilkins argued.
The bail decision will be delivered next Tuesday.
- Julius Mkhwanazi and his five co-accused face charges of murder, robbery with aggravating circumstances, and obstructing justice related to the April 2022 killing of Emmanuel Mbense.
- Mbense was alleged to have been assaulted and tortured by a group including SAPS members, EMPD officers, and private security personnel at his Brakpan home before dying from blunt-force injuries.
- Mkhwanazi is accused of ordering Mbense’s body to be disposed of in Spaarwater Dam after arriving at the scene post-injury, which he denies.
- Several people connected to the investigation, including witnesses and informants, have died since Mbense’s murder, raising state concerns about witness safety.
- The defence challenges the state’s claims of prolonged torture, citing postmortem findings indicating death by blunt-force trauma without evidence of extensive injuries.
READ: Witness K 'was in romantic relationship with Julius
On April 14 2022, a group of more than 10 people, including SAPS members, EMPD officers and private security personnel, allegedly went to
Prosecutor Nceba Ntelwa told the court that, when
Janse van Rensburg, a private security company owner, allegedly became involved after information circulated about the stolen truck.
Eksteen was later added as the sixth accused.
Van der Merwe, who gave evidence about
READ: EMPD boss Julius
But Adv Peter Wilkins, representing
Wilkins argued that the state’s allegation that
"
He pointed to the finding that
"It states simply that death occurred as a result of blunt force trauma," he said.
Wilkins argued that the state had failed to establish a sufficient factual basis for opposing bail on the grounds of witness interference.
He further challenged the state’s argument that the accused posed a flight risk.
Wilkins pointed out that the accused had not fled before their arrests and had previously cooperated with authorities.
"I submit, your worship, that there’s no case," Wilkins argued.
