Five accused, including suspended EMPD deputy chief Julius Mkhwanazi, appeared in the Brakpan Magistrate’s Court today (August 6 ) in connection with the murder of Emmanuel Mbense.

Due to an application from the defence to order the state to provide particulars regarding the allegations against the accused, as well as reasoning for the opposition to bail, the hearing was postponed to August 13 for the formal bail application.

The application to order the state prosecutors to provide particulars was denied, but the state did agree to provide the requested information to the defence out of court.

The accused in the case are Cobus Janse van Rensburg (accused one), Bhekokwakhe Sibande (accused two), Adrian Mackenzie (accused three), Keisha-Leigh Stols (accused four) and Mkhwanazi (accused five).

According to the charge sheet, Janse van Rensburg brought information to his co-accused that Mbense was the owner of one of two trucks used in the commission of a warehouse robbery on April 14, 2022.

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It is alleged that about 13 members reportedly raided Mbense’s residence on the same date, ransacked his property and tortured him for information. These members were from SAPS, EMPD and private security.

When asked to hand over the copper stolen during the robbery, Mbense allegedly told them to take R500 000 in cash instead, but they kept assaulting him, according to the charge sheet.

After he had been killed, the accused reportedly involved Mkhwanazi, who allegedly came up with the plan to dispose of Mbense’s body in the Spaarwater dam.

It is also alleged that during the assault, members took items for themselves from Mbense’s property. The group allegedly later met in Calvinia, where it was agreed that anyone who betrayed the group by revealing what had happened, would be killed.

Currently, four of the 13 believed to be involved have died. The accused are charged with murder, robbery with aggravating circumstances, and defeating or obstructing the ends or administration of justice.

On the count of robbery with aggravating circumstances, it was revealed that the accused allegedly assaulted Mbense and took several bottles of water, money to the value of R500 000, a yellow welding machine, tyres and mag wheels, all in the lawful possession of Mbense.

The charges were deemed schedule six offences by the prosecution, Nceba Ntelwa, who intended to oppose bail on these grounds, but Peter Wilkins, Mkhwanazi’s defence, disagreed that he should be charged with the same schedule six offenses.

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He, along with those defending the other accused, requested that presiding officer Colin Mashego order the state to provide the particulars of the charges, along with supporting documentation including the affidavit used to apply for the arrest warrant, to the defence.

Mashego denied this application, but the prosecution agreed to provide the requested information out of court.

Wilkins stated that they require sufficient particularity, as well as any evidence under oath that the prosecution has, to be able to make a fair and lawful bail application.

The State said the request for the particulars was emailed on the morning of the court appearance while en route to court, leaving insufficient time to prepare the information and present it to the defence.

After the matter was postponed, Crystal Keevy, legal representative for Stols and Mackenzie, requested that the accused be held at the Brakpan Police Station rather than at a correctional facility. The request was granted.