Suspended EMPD deputy chief, five co-accused return to Brakpan court for Mbense bail hearing

Suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Brigadier Julius Mkhwanazi and five co-accused were due to appear in the Brakpan Magistrate’s Court for a bail hearing in connection with the alleged murder of Emmanuel Mbense.

Who is facing court

The accused appearing with Mkhwanazi are: former EMPD officer Keisha-Leigh Stols, EMPD officer Adrian Mackenzie, South African Police Service officer Bhekokwakhe Sibande, civilian Cobus Janse van Rensburg and Jaun Maree Eksteen, who is the wife of police informant Wiandre Pretorius.

State opposes bail

The State has classified the matter as a Schedule 6 offence and is opposing bail for all six accused. Because of that classification, the accused must show exceptional circumstances to justify release on bail.

Allegations presented in court

During an earlier court appearance, the State set out its version of events surrounding Mbense’s death. The allegations include that Mbense was tortured and killed at his Brakpan home in April 2022 and that his body was then dumped in Spaarwater Dam in Duduza, near Nigel. The State said Mbense’s body was recovered the following afternoon by a fisherman, who alerted local police.

The prosecutor told the court that Cobus Janse van Rensburg brought information to the group linking Mbense to one of two trucks allegedly used in a warehouse robbery on April 14, 2022. The State alleged that about 15 people made up of officers from SAPS, EMPD and private security companies raided Mbense’s home, assaulted and tortured him, and took several items, including R500,000 in cash, a yellow welding machine, tyres, mag wheels and bottles of water.

The State further alleged that, after Mbense was killed, the accused called Mkhwanazi. The prosecutor said:

“When the latter (Mkhwanazi) arrived at the scene, he came with a plan to dispose of the body into the Spaarwater Dam, which is approximately 23km away.”

Meetings and alleged cover-up

The State told the court that after the body was disposed of, the group allegedly held a meeting at Carnival City where they agreed to keep what had happened secret and that “there was a punishment agreed upon for anyone who would betray the group. That punishment was death.”

Evidence about the killing and an alleged cover-up was also heard at the Madlanga Commission. The commission received testimony that implicated Mkhwanazi in an alleged cover-up surrounding Mbense’s death.

Related deaths and witnesses

The State informed the court that four of 13 people alleged to have been involved in the events had since died from gunshot wounds. One of those was Marius van der Merwe, who had testified before the Madlanga Commission as Witness D and who told the commission that Mkhwanazi was called to the scene after Mbense was killed and instructed people at the scene to dispose of the body at a mine dump or in a river. Van der Merwe was shot dead outside his Brakpan home on December 5, 2025.

The State described Van der Merwe as allegedly having been killed by a well-trained marksman. Van der Merwe had told the commission he was later instructed to dispose of Mbense’s body.

Additional accused and related events

The court heard that Jaun Maree Eksteen was added as the sixth accused. Her husband, Wiandre Pretorius, was a police informant who had been implicated in evidence presented to the Madlanga Commission. The State noted that Pretorius died by suicide on February 7, 2026, at a petrol station in Brakpan. Days before his death, he had survived an apparent assassination attempt outside his home in Boksburg.

Charges

The accused face charges of murder, robbery with aggravating circumstances, and defeating or obstructing the course of justice. The State alleges the accused took items from Mbense’s property during the assault and acted to obstruct justice.

What happens next

The bail hearing in the Brakpan Magistrate’s Court will determine whether any of the six accused will be released pending trial, with the State opposing bail and requiring the accused to show exceptional circumstances for release.