Suspended Ekurhuleni Metro Police Department (EMPD) Deputy Chief Julius Mkhwanazi and five others are due back in the Brakpan Magistrates Court on Tuesday for a bail hearing.
The group faces charges linked to the alleged murder and dumping of 52-year-old Emmanuel Mbense in 2022. The State is opposing their release on bail.
Julius Mkhwanazi Bail Hearing Continues
The State last week placed on record the affidavit of Mathipandile Sotheni, who is accused of killing Marius van der Merwe.
Van der Merwe, who testified as Witness D at the Madlanga Commission, had previously revealed details about Mbense’s death. Sotheni’s version denies involvement in van der Merwe’s murder.
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The investigating officer’s affidavit was also read into the record on Friday. Senior prosecutor Nceba Ntelwa then presented Sotheni’s affidavit as part of the State’s case against bail. The defence subsequently questioned the State’s reliance on the contents of the affidavit.
Julius Mkhwanazi Case Raises Questions Over Affidavit
Defence counsel Advocate Peter Wilkins asked the State to clarify whether it accepted the correctness of Sotheni’s version, including sections in which he denies involvement in Witness D’s murder.
The exchange raised questions about how the affidavit would be relied upon in the bail proceedings. The State’s position could have implications for the case as it progresses.
Criminal lawyer Ian Allis criticised the State’s approach and said it could create difficulties later in the case.
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“When Sotheni brings his case, the State will bear the onus to prove his guilt, are going to be back- tracking when it comes to guilty or not guilty, or even before, are going to end up withdrawing the charges.”
Allis also said Sotheni could potentially become a State witness. He said this could happen if his evidence is ultimately used to keep Mkhwanazi and the other accused behind bars when the matter proceeds to trial.
