Suspended EMPD deputy chief Julius Mkhwanazi, pictured at the Madlanga commission, appeared in the Boksburg Magistrate’s Court on Monday, with his co-accused, Ekurhuleni city manager Kagiso Lerutla Mkhwanazi. Photo: Delwyn Verasamy
Suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi has been charged with fraud, corruption and defeating the ends of justice. His bail application is expected to be heard on Thursday.
After his arrest on Saturday morning, Mkhwanazi appeared in the Boksburg Magistrate’s Court on Monday, with his co-accused, Ekurhuleni city manager Kagiso Lerutla, who was arrested at OR Tambo International Airport on Saturday.
Mkhwanazi has been a key witness at the Madlanga commission regarding a memorandum of understanding allowing Vusimuzi “Cat” Matlala’s security company, Cat VIP, to be fitted with blue lights reserved for law enforcement.
Outlining the charges in court, the state prosecutor said the fraud charge related to both accused acting “in common purpose”. A second charge of defeating or obstructing the ends of justice was also brought on the same basis. A third charge of corruption was added under the relevant provisions of the Corruption Act.
The state said the charge distinguished between the giver and receiver of gratification, alleging that the case involved both “giving and accepting” proceeds of corruption.
Mkhwanazi was charged as the receiver, while his co-accused, Lerutla, was implicated as the giver.
Lawyers for both accused said they had not received formal documentation of the charges. “We’ve just been provided now, simultaneously as your worship,” Mkhwanazi’s lawyer, advocate P Wilkins, told the court.
Lerutla’s legal representative, Zweli Zakwe, echoed this, saying they could take note of only what had been placed on record in court. “It is the first time that we are being formally advised of the charges. We do not have anything in writing.”
The state indicated it would oppose bail, arguing that the charges fell under Schedule 5 of the Criminal Procedure Act. That would require the accused to demonstrate that their release would be in the interests of justice.
However, Wilkins said he could not concede that the matter qualified as a Schedule 5 offence without sight of the charge sheet. “We do not know what is specifically alleged,” he said.
Zakwe added that they were “not in a position to either agree or disagree” with the classification, noting that the details, such as the alleged amount involved, had not yet been disclosed.
The prosecutor said the charge sheet would be provided to the defence before the bail hearing. He said there had been an informal agreement to proceed with the bail application on Thursday, when the state would present arguments opposing release.
The court heard that the state might take up to seven days to investigate aspects relevant to bail, including confirming Lerutla’s address.
Wilkins disputed the need for a delay, saying his client’s address had been confirmed after his arrest at his home early on Saturday. He argued that the arrest appeared to have been pre-planned and the state should be ready to proceed.
Lerutla’s legal team supported the position, arguing that a postponement was not automatic and had to be properly justified.
“Any party seeking a postponement must fully motivate why it requires one,” Zakwe said, adding that verifying his client’s address could be done within hours.
The state also told the court that Mkhwanazi was found in possession of ammunition and investigations were ongoing to determine whether he was licensed to possess firearms, particularly in light of his suspension.
Zakwe further noted that, according to the arrest warrant, the alleged offences dated from 2019.
“The police have been investigating this matter without my client’s knowledge for several years,” he said. “It is unclear why information they do not have now would be available within the next few days.”
The magistrate indicated that if the state was not ready to proceed by the next day, it would inevitably have to apply for a postponement and therefore, Thursday would be a reasonable date. The bail hearing remains scheduled for Thursday.
Discussion about this post