Why Julius Mkhwanazi Could Get Bail Despite Four Separate Arrests

Suspended Ekurhuleni Metro Police Department deputy chief Julius Mkhwanazi’s four arrests in separate criminal matters have raised questions about how South African courts deal with accused people who repeatedly return seeking bail.

Mkhwanazi has been granted bail in three separate matters, while the State has opposed his release in a fourth case involving the 2022 murder of businessman Emmanuel Mbense.

He was also served with a fifth arrest warrant during a court appearance in August, although that did not amount to a fifth completed arrest.

YOU MAY ALSO LIKE: State Will Not Join Separate Cases Against Suspended EMPD Deputy Chief Julius Mkhwanazi

Despite the number of cases surrounding Mkhwanazi, previous arrests or bail grants do not automatically determine whether an accused person should be released in a new case.

Pupil advocate Asanda Kubheka said South African criminal procedure requires each matter to be considered on its own merits, while an accused person retains the presumption of innocence until proven guilty.

Why Previous Arrests Do Not Automatically Block Bail

Kubheka said the nature of the charge plays an important role in determining how a bail application is handled.

For cases that do not fall under Schedule 5 or Schedule 6, the court considers whether releasing the accused would be in the interests of justice.

“Under normal circumstances, where it's not Schedule 5 or 6, the court, in determining whether or not the accused should be released on bail, would consider whether or not it is in the interest of justice for the accused to be released on bail. It is the State that has to discharge that onus,” Kubheka said.

Among the factors a court can consider are whether an accused person is likely to evade trial, interfere with witnesses or the investigation, or pose a danger to the public.

YOU MAY ALSO LIKE: Scholar Transport Driver Granted R3,000 Bail After Crash Killed 14 Learners

Kubheka said an accused person who can demonstrate that these risks are sufficiently addressed could still be released on bail.

“If an accused person is able to prove that they are not going to run away, they are not going to interfere with the investigation and they don't pose any threat to society, then I think it will be in the interest of justice for the court to rule that that particular accused person is released on bail,” he said.

Being on bail in another criminal matter can be disclosed to the court and considered, but does not automatically disqualify an accused person from receiving bail.

“Being out on bail is something that they can disclose to the court but it's not one of the elements that must be proved in order for one to be granted bail,” Kubheka said.

Mkhwanazi Granted Bail Three Times

Mkhwanazi’s first of the four arrests came in April in connection with allegations involving Ekurhuleni city manager Kagiso Lerutla.

It is alleged that Mkhwanazi was involved in a scheme in which Lerutla paid R400,000 for another person to impersonate him in court in connection with a speeding matter.

Mkhwanazi was granted bail of R30,000 in that case.

He was arrested again in July in connection with alleged irregular blue-light arrangements involving private security vehicles. He was subsequently granted R50,000 bail.

Days later, Mkhwanazi was arrested for a third time over an alleged bogus police raid linked to precious stones valued at approximately R14.9 million.

He was granted R5,000 bail in that matter.

The allegations in the three cases remain subject to the respective court proceedings.

Murder Case Brings Tougher Bail Test

Mkhwanazi’s fourth arrest relates to the 2022 murder of businessman Emmanuel Mbense and an allegation of defeating the ends of justice.

Unlike his earlier cases, the matter has been classified as a Schedule 6 case, and the State has opposed his release on bail.

Schedule 6 offences are subject to a more stringent bail test under South African law. An accused person seeking bail in such a case must satisfy the court that exceptional circumstances exist which, in the interests of justice, permit their release.

YOU MAY ALSO LIKE: Durban Human Trafficking Case: Businessman And Co-Accused Granted Bail As Explosive Claims Emerge

While Mkhwanazi was appearing in connection with the Mbense case, he was also served with a fifth arrest warrant linked to the separate blue-light investigation involving vehicles connected to the security company of businessman Vusimuzi “Cat” Matlala.

Being served with the warrant did not itself constitute another completed arrest.

Ultimately, Mkhwanazi’s previous arrests and bail grants form part of the broader circumstances that may be placed before a court, but they do not automatically decide the outcome of another bail application.

Each application must be assessed according to the charge, the applicable bail provisions and the evidence placed before the court.

Mkhwanazi has not been convicted in the matters described above, and the allegations against him remain to be determined by the courts.