'It does not look like he was surprised to be called for a dead man,' the state prosecutor remarked on Tuesday.
Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi appears at the Brakpan Magistrate’s Court on 13 August 2026. Picture: Gallo Images/OJ Koloti
The state has placed particular emphasis on a remark allegedly made to suspended Ekurhuleni Metro Police Department (EMPD) Deputy Chief Julius Mkhwanazi during the events surrounding the death of Emmanuel Mbense.
Mkhwanazi and his five co-accused – private security company owner Cobus Janse van Rensburg; EMPD officer Adrian MacKenzie; former EMPD official Keisha-Leigh Stols; and ex-police officers Bhekokwakhe Sibande and Juan-Maré Eksteen – appeared before the Brakpan Magistrate’s Court on Tuesday, 8 September 2026, as bail proceedings continued.
The accused face charges of murder, robbery with aggravating circumstances, and defeating or obstructing the administration of justice in connection with the killing of Mbense, who died in 2022 from blunt force injuries.
Emmanuel Mbense torture and murder
Mbense became a target after his truck was linked to a warehouse robbery, which occurred in Brakpan on 9 March 2022.
The charge sheet alleges that more than 10 people, including South African Police Service (Saps) members, EMPD officers, and private security personnel, went to Mbense’s home on 14 April 2022.
Mbense was allegedly found resting before the group ransacked his property and interrogated him about stolen copper, according to an Independent Police Investigative Directorate (Ipid) probe.
The state alleges that he was assaulted and tortured during the questioning.
Mbense’s body was allegedly later dumped at Spaarwater Dam in Duduza, Nigel, allegedly on Mkhwanazi’s instruction, before the victim was discovered on 15 April 2022.
The accused are also alleged to have failed to report the crime.
The court heard that the group later met at Carnival City, where they allegedly vowed secrecy, with death as the punishment for betrayal.
Bail arguments continue
State prosecutor Nceba Ntelwa placed Mkhwanazi’s alleged interaction with others at the scene under particular scrutiny.
According to the prosecution, one of the people at the scene allegedly addressed Mkhwanazi as “chief” before making a significant remark.
“When he arrived to see for himself that indeed the deceased was in no condition to disclose the whereabouts of the copper stock, one of the participants told him that ‘chief, it’s that time again’.
“On hearing that, without hesitation, he ordered for the disposal of the body into the dam in the presence of everyone at the scene,” Ntelwa told the court.
The state advocate questioned whether the remark indicated that the accused knew what was expected of him.
“The question remains: what does the remark ‘chief, it’s that time again’ mean? And it does not look like he was surprised to be called for a dead man.”
R5 million copper target
The state contended that the group’s presence at the property was linked to an attempt to steal copper worth millions.
“The incentive was 10% of that R5 million.”
The prosecutor argued that the accused faced a difficult trial ahead because of their respective denials of involvement in Mbense’s torture and death.
“Who actually among them perpetrated the assault on the deceased really?”
Ntelwa also challenged the accused’s alleged presence at the property, particularly after they apparently failed to locate the copper they were looking for.
State witness emerges after hiding
The court also heard about the deaths and alleged intimidation of people connected to the case.
Ntelwa indicated that four suspects – Marius “Witness D” van der Merwe, Eksteen’s fiancé Wiandre Pretorius, police informant Jaco Hanekom, and police officer Raymond Mzwakhe Khoza – have since died.
Private security official Etienne van der Walt has since turned state witness.
“One of the remaining survivors was threatened and, as a result, went into hiding for a long time. When he came out of hiding, he decided to come clean and has become a state witness.”
The prosecutor argued that the accused could not rely solely on their denials to establish exceptional circumstances warranting their release on bail.
“More is required. The applicant is required to adduce convincing factual evidence to support any contention by him or her,” Ntelwa said.
He further highlighted allegations involving Eksteen and her late fiancé, saying they were alleged to have worked with alleged gunman Matipandile Sotheni, who remains in custody after his bail was denied, to kill Van der Merwe.
The state argued that this history strengthened its concerns about the safety of witnesses, including Van der Walt, who may testify during the trial.
