Mkhwanazi, co-accused thought Emmanuel Mbense murder case would go nowhere as ex-cop’s presence questioned

The presence of an ex-police officer at the scene where Emmanuel Mbense was allegedly tortured and killed was a point of contention on Thursday, 27 August 2026, in the bail proceedings of six people accused of his murder.

Former South African Police Service (Saps) sergeant Bhekokwakhe Sibande’s defence challenged the strength of the state’s case against him, arguing that although he may have been at the scene, there was no evidence establishing what role he allegedly played in Mbense’s death.

Sibande is accused two in a case that has also implicated suspended Ekurhuleni Metropolitan Police Department (EMPD) Deputy Chief Julius Mkhwanazi, private security company owner Cobus Janse van Rensburg, EMPD officer Adrian MacKenzie, former EMPD officer Keisha-Leigh Stols and former police sergeant Juan-Maré Eksteen.

The six appeared in the Brakpan Magistrate’s Court on Thursday, 27 August 2026, as their bail applications continued.

They face charges of murder, robbery with aggravating circumstances, and defeating or obstructing the administration of justice in connection to Mbense’s death in April 2022.

Bail hearing in Emmanuel Mbense murder case continues

Senior Independent Police Investigative Directorate (Ipid) investigator Nomsa Masuku was back on the witness stand, facing further cross-examination by the defence.

Masuku, who previously testified before the Madlanga commission earlier this year, was questioned extensively about the police officers allegedly present when Mbense was killed.

She told the court that Saps records showed that no on-duty officer from the Brakpan police station had attended the scene on the fateful day.

However, the investigation allegedly established that two off-duty police officers, including Sibande and the late Raymond Mzwakhe Khoza, were present.

“None of the officers on that day were aware of it except for members that were already off-duty which is applicant two and the deceased,” Masuku said.

Sibande’s lawyer, Jan van Heerden, challenged the inference that his client’s presence necessarily connected him to the crime.

He argued that the presence of two uniformed police officers did not automatically establish that they were from Brakpan police station.

Masuku disagreed.

“A uniformed police officer will not come all the way from there and go out of his jurisdiction to attend a matter in another area, not unless he has got ulterior motives concerning to that,” the investigating officer argued.

Van Heerden also questioned whether Sibande could definitively be identified as one of the uniformed officers mentioned in a statement made by slain private security officer Marius van der Merwe, also known as Witness D.

“According to the evidence of Mr van der Merwe, there were many people,” the lawyer said.

AVL evidence under scrutiny

Another area of dispute was the Saps automatic vehicle location (AVL) system, which Masuku testified placed Sibande and other officers at the scene.

Van Heerden questioned the reliability of the system, pointing out that Masuku had previously acknowledged that it was unreliable and that not every police vehicle was fitted with the tracking technology.

“So there could have been a number of police vehicles that could not be traced due to the fact that the AVL system is not perfect,” the defence lawyer said.

The defence further maintained that Sibande had been at the scene in civilian clothing.

Masuku did not dispute this.

The investigator nevertheless maintained that Sibande had questions to answer about his presence because he was allegedly off duty at the time.

She questioned why an off-duty officer would attend the scene when Saps had available officers on duty to respond.

The Ipid investigator further pointed to an apparent contradiction in Sibande’s own evidence, saying he had submitted an affidavit in which he described himself as being on duty.

“He deposed a statement as a person who was officially on duty according to himself.”

Defence questions meaning of police vest

The court also heard argument about whether Sibande could be regarded as being in uniform if he was wearing only a police bulletproof vest.

Van Heerden put the proposition to Masuku: “Only wearing a bulletproof vest is not regarded as full uniform is that right?”

The witness agreed, but maintained that the vest could still be interpreted as an indication that he was wearing police uniform.

The defence continued to deny that Sibande was involved in Mbense’s murder, while acknowledging his presence at the scene.

Van Heerden argued that being present was not enough to establish a strong case against his client.

“You cannot just jump to the conclusion and say based on the fact that he is a police official who has placed himself on the scene that the state has got a strong case.”

While the defence sought to undermine the state’s evidence, Masuku told the court that the seriousness of the charges created a significant risk that the accused could evade trial.

“During the investigation, they never thought it was going to be this serious because they had thought this case was not going to end anywhere,” she said.

Masuku added: “They were having meetings here and there concerning the matter because they were all aware from 2022 about [the investigation]. They knew that if someone died, a case will come out.”

Van Heerden rejected the state’s position and maintained that there was “no basis” for the state to oppose Sibande’s bail application for his release.

Emmanuel Mbense torture and murder

The state alleges that Mbense became a target after his truck was linked to a warehouse robber, which occurred in Brakpan on 9 March 2022.

The charge sheet alleges that more than 10 people, including 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.

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.

Several suspects have since died

According to Saps, four suspects connected to Mbense’s murder have since died.

They include Van der Merwe, who was shot dead in Brakpan on 5 December 2025.

Khoza, who worked for the visible policing (Vispol) unit, was killed in Tsakane in October 2025.

Police informant Jaco Hanekom was fatally shot at a petrol station in March 2023.

Eksteen’s fiancé, Wiandre Pretorius, died by suicide in February this year, days after surviving a hit.

Private security officer Etienne van der Walt, who was previously prosecuted alongside Mkhwanazi and others in the precious stones case before charges were withdrawn, was a suspect in the Mbense murder.

He reportedly later agreed to become a section 204 witness for the state.

The case will resume on 3 September, with the accused set to remain in custody.