Proceedings in the bail application of suspended Ekurhuleni Metro Police Deputy Chief Julius Mkhwanazi and four others, got off to a late start at the Brakpan Magistrate’s Court. Mkhwanazi’s lawyer, Advocate Peter Wilkins, challenged the state to provide sufficient grounds for opposing bail.
Wilkins argued that the state has not clearly explained the basis for a common purpose allegation or when it was allegedly formed.
Mkwhanazi and his four co-accused are appearing in court on charges related to the 2022 murder of Emmanuel Mbense.
Mbense was allegedly tortured to death in Brakpan before his body was dumped in a dam.
Wilkins further contended that his client was only implicated after the death of Emmanuel Mbense and that the matter does not constitute a Schedule 6 offence.
“What we ask, my Lord, is that, even this morning, to provide us with an indication of why bail is being opposed … that has not been done. And the answer was simply that the state intends to wait until we have presented our case. And then they will decide on what basis they’re going to oppose. Now … I respectfully submit that is an improper way to conduct this, but be that as it may, my colleague can deal with the matter as he deems appropriat,” argues Wilkins.
The bail application has been postponed to August 13th.
VIDEO | Emmanuel Mbense’s family have welcomed the arrests of Mkhwanazi and four others:
-Reporting by Nomvuyo Ntanjana
