BRAKPAN, Tuesday 15 September 2026 — The Brakpan Magistrates’ Court has denied bail to suspended Ekurhuleni Metro Police Department deputy chief Julius Mkhwanazi and five co-accused charged over the 2022 killing of businessman Emmanuel Mbense, finding that none had demonstrated the exceptional circumstances required for their release.
Magistrate Colin Mashego delivered the ruling on Tuesday after an extended bail hearing, ordering Mkhwanazi, security company owner Cobus Janse van Rensburg, serving EMPD officer Adrian MacKenzie, former EMPD official Keisha-Leigh Stols and former police officers Bhekokwakhe Sibande and Juan-Maré Eksteen to remain in custody.
The ruling is a material development from Monday, when Mkhwanazi received R10,000 bail in the separate Ekurhuleni “blue lights” corruption case. Tuesday’s decision means he will remain behind bars despite securing bail in that prosecution.
Court says accused failed exceptional-circumstances test
Mashego found that the six applicants had not presented sufficient evidence to justify their release.
“The court is satisfied that neither applicant one, two, three, four, five, nor six has shown exceptional circumstances,” the magistrate said in dismissing the applications.
The court also found that the State had presented a compelling case at the bail stage, including evidence from senior Independent Police Investigative Directorate investigator Nomsa Masuku.
The ruling does not determine guilt.
The accused remain entitled to contest the allegations at trial, where prosecutors will be required to prove their case beyond reasonable doubt.
Six face murder, robbery and justice charges
Mkhwanazi and the other accused face charges including murder, robbery with aggravating circumstances and defeating or obstructing the administration of justice in connection with Mbense’s death in April 2022.
Prosecutors allege Mbense was targeted after his truck was linked to a warehouse robbery in Brakpan on 9 March 2022.
The charge sheet alleges a group including SAPS members, EMPD officers and private security personnel went to Mbense’s home on 14 April and questioned him about stolen copper said to be worth approximately R2 million.
Mbense was allegedly assaulted and tortured.
His body was subsequently found at Spaarwater Dam near Nigel on 15 April.
These allegations have not yet been established at trial.
Accused acknowledge presence but deny murder involvement
A significant part of the bail proceedings concerned the accused’s presence at Mbense’s home.
The State argued that the evidence placed the group at the scene, while several accused acknowledged being present but denied participating in Mbense’s killing.
Mkhwanazi has maintained that he arrived only briefly and after Mbense was already dead.
He has also denied the State’s allegation that he instructed others to dispose of Mbense’s body.
During earlier bail proceedings, Mkhwanazi claimed IPID investigators had repeatedly approached him about becoming a Section 204 State witness against other suspects but that he could not implicate them because he had no evidence of their involvement.
IPID’s investigation and the competing versions will ultimately be tested during the criminal trial.
Madlanga testimony brought killing into public focus
The Mbense case became nationally prominent after evidence concerning the killing emerged before the Madlanga Commission.
The late Marius van der Merwe, who testified under the designation Witness D, provided evidence about events surrounding Mbense’s death.
His testimony subsequently became relevant to investigations involving Mkhwanazi and other law-enforcement officials.
Evidence presented to a commission of inquiry does not constitute a criminal conviction, and prosecutors must establish admissible evidence independently in the criminal proceedings.
State portrayed Mkhwanazi as group leader
During closing arguments, prosecutor Nceba Ntelwa argued that Mkhwanazi was the leader of what the State characterised as an organised group.
The prosecution argued that the involvement of serving and former law-enforcement officers increased the risks associated with granting bail.
Defence lawyers challenged the strength of the State’s case and disputed the proposition that the accused acted with a common purpose.
Mashego nevertheless concluded on Tuesday that the evidence presented at this stage was sufficient to prevent their release.
Mkhwanazi faces several separate cases
The murder prosecution is one of several criminal proceedings involving the suspended EMPD deputy chief.
On Monday, the Germiston Magistrates’ Court granted Mkhwanazi R10,000 bail in the separate corruption case involving businessman Vusimuzi “Cat” Matlala and EMPD fleet manager Chris Steyn.
That prosecution concerns allegations that private vehicles associated with Matlala were improperly registered as Ekurhuleni municipal vehicles and fitted with blue lights.
Mkhwanazi also faces separate proceedings arising from an alleged theft of precious stones worth nearly R15 million.
The cases are legally independent and allegations in one proceeding do not establish guilt in another.
Bail refusal keeps senior EMPD figure in custody
Tuesday’s judgment means the murder case now provides the immediate legal basis for Mkhwanazi’s continued detention.
That is consequential for Ekurhuleni because he remains a senior figure within the metropolitan police structure despite his suspension and is facing several cases involving alleged conduct connected to law enforcement.
The proceedings are unfolding less than two months before the 4 November local government elections, when policing, corruption, municipal governance and service delivery are likely to feature prominently in campaigning in the closely contested Gauteng metro.
The allegations against individual EMPD officials do not establish wrongdoing by Ekurhuleni’s political administration or any political party.
The six accused will remain detained as the Mbense prosecution moves towards its next procedural stages.
