Bail battle intensifies as state opposes release of Mkhwanazi and Lerutla
The state has raised concerns over potential witness interference as it opposes bail for the accused Ekurhuleni officials in a high-profile court battle.
Suspended EMPD acting chief Julius Mkhwanazi and Ekurhuleni city manager Kagiso Lerutla will spend another night in custody after their bid for bail encountered strong opposition from the state.
The pair appeared before the Boksburg Magistrate’s Court on Thursday for a formal bail application, following their arrests over the weekend on charges of fraud, corruption, and defeating the ends of justice. However, proceedings were postponed and are set to resume on Friday, 24 April.
During the hearing, both accused argued for their release, citing family responsibilities and denying any risk of absconding.
Mkhwanazi told the court that his eight children depend on him financially and would suffer hardship if he remains in custody. Lerutla similarly stated that he is the sole breadwinner for his family and that their wellbeing would be compromised should he be denied bail.
Both accuesd maintained that they would not interfere with witnesses or investigations, and do not pose a threat to the public.
Mkhwanazi offered bail of R10,000, indicating a willingness to increase the amount if necessary, while Lerutla proposed R20,000. In an affidavit read out by his defence, Mkhwanazi indicated his intention to plead not guilty to all charges.
The state, however, opposed bail, arguing that releasing Mkhwanazi would not be in the interests of justice. Prosecutors raised concerns that he could potentially interfere with witnesses. The court also heard that at the time of his arrest, Mkhwanazi was allegedly found in possession of a large quantity of ammunition, prompting questions about why he had access to city-owned weapons while suspended from duty.
The state told the court that testimony before the Madlanga Commission of Inquiry has implicated Mkhwanazi in a broader investigation involving an alleged plot to conceal a murder, reportedly involving other EMPD officers and private security companies. No formal charges have yet been brought in connection with these specific claims, which remain under investigation.
Bail proceedings are set to continue on Friday, with a ruling expected thereafter.
Background to the case
The arrests stem from a reopened 2019 case in which Lerutla allegedly failed to appear in court after a speeding arrest. Investigators claim he and Mkhwanazi arranged for another individual to impersonate him in court, allowing the matter to be diverted. The case resurfaced after a tip-off to the SAPS task team.
The arrests have also sparked political concern in Ekurhuleni, with opposition parties warning of a growing governance crisis.
The DA has described the situation as a “leadership crisis”, while ActionSA has called for Lerutla to remain suspended and for a special council sitting. The Azania Ground Forces has also urged accountability, warning that instability at senior level is affecting service delivery and municipal operations.
Authorities have indicated they are confident in the case, are probing additional allegations, including Mkhwanazi’s possession of more than 100 rounds of ammunition,and have not ruled out further arrests.
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