‘I didn’t just drop in for a bail application,’ says IO as defence argues Schedule 6 charges not applicable for Mkhwanazi

The suspended deputy chief of Ekurhuleni Metropolitan Police Department (EMPD) and his co-accused appeared before the Boksburg Regional Court on Thursday in an attempt to secure bail in connection with the 2022 murder of Emmanuel Mbense. Mkhwanazi and five others face multiple charges, including murder and defeating the ends of justice, stemming from the death of Mbense.

The state is pursuing Schedule 6 charges, which require the accused to demonstrate exceptional circumstances for bail, as they allege the murder was committed by a group with a common purpose based on a prior agreement. Defense attorney Peter Wilkins cross-examined the investigating officer (IO), Nomsa Masuku, about the statement she provided regarding the timeline from when the group identified Mbense for questioning until his death.

Wilkins argued that since Masuku's statement did not mention a specific moment when they agreed to kill Mbense, and because Mkhwanazi arrived after the assault, his client should be considered only an accessory. Masuku disagreed, stating that the charge sheet did not reference a prior meeting to decide on the killing. The IO refused to answer directly, but conceded that Mkhwanazi was not present during prior meetings and had only joined later.

Wilkins pressed Masuku on the nature of Mbense's death, to which the IO replied that it was not a natural death. Masuku maintained that her report was a comprehensive account of the matter and that she had been investigating the case from April 2022 to the present. The attorney expressed his frustration with Masuku's evasiveness and unwillingness to answer straightforward questions. The bid for bail will continue with further cross-examinations on Friday.