WATCH | No bail for Mkhwanazi, five co-accused in Mbense murder case

Julius Mkhwanazi

Johannesburg – Suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi and his five co-accused have been denied bail in connection with the 2022 murder of businessman Emmanuel Mbense.

The decision was handed down at the Brakpan Magistrate’s Court on Tuesday, with the accused remaining in custody while they face charges of murder, robbery with aggravating circumstances and defeating or obstructing the administration of justice.

The case stems from the alleged abduction, assault and killing of Mbense in April 2022 after his truck was allegedly linked to a copper warehouse robbery in Brakpan.

According to evidence presented during the lengthy bail proceedings, police, EMPD officers and private security personnel allegedly went to Mbense’s home on 14 April 2022, where he was questioned about stolen copper.

The state alleges that Mbense was assaulted and tortured before his body was taken to Spaarwater Dam near Duduza, Nigel, where it was dumped. His body was discovered the following day.

An Independent Police Investigative Directorate (Ipid) investigator, Nomsa Masuku, previously told the court that moving the body was allegedly intended to conceal the crime.

“It shows that they had a motive that because now he had died, let’s go and take the body and dump it somewhere, so that we can confuse the scene,” Masuku testified.

The prosecution also placed Mkhwanazi’s alleged role at the centre of its opposition to bail.

State prosecutor Nceba Ntelwa told the court that Mkhwanazi was allegedly addressed as “chief” at the scene and was told: “chief, it’s that time again”, before allegedly ordering that Mbense’s body be disposed of.

Ntelwa questioned the significance of the exchange, saying: “It does not look like he was surprised to be called for a dead man.”

The defence, however, disputed the state’s version of events and challenged whether there was sufficient evidence linking individual accused to the killing. Mkhwanazi’s lawyer, Advocate Peter Wilkins, argued that his client was not present during the alleged earlier discussions and should, at most, be regarded as an accessory after the fact rather than someone facing a Schedule 6 murder charge.

The bail proceedings also heard allegations that those involved later met at Carnival City and allegedly agreed to keep the circumstances surrounding Mbense’s death secret, with the state claiming that death was the punishment for anyone who broke the pact.

The case has been further complicated by the deaths of several people linked to the investigation, while private security official Etienne van der Walt has become a state witness. The prosecution has argued that these developments heighten concerns about witness safety and possible interference.

Mkhwanazi’s bail outcome in the Mbense case comes a day after he was granted R10,000 bail in a separate blue-lights corruption case. He therefore remains in custody because of the murder matter.

The six accused have consistently denied involvement in Mbense’s murder and are expected to plead not guilty.

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