By Johnathan Paoli
The Madlanga Commission has heard that suspended Ekurhuleni Metro Police Department (EMPD) Deputy Chief Julius Mkhwanazi conceded that the Rosebank precious stones theft incident involving EMPD officers Kersha-Leigh Stols and Ayden “Adrian” Mackenzie was not a joint operation with Johannesburg Metro Police.
Testifying on Wednesday afternoon in Pretoria, Mkhwanazi said the operation could not technically be classified as joint, as there was no valid documentation supporting such an arrangement.
Evidence leader senior counsel Mahlape Sello took Mkhwanazi through Stols’ formal statement, highlighting that it contained no reference to any instruction from him.
After reviewing the statement, Mkhwanazi said he believed it was incomplete.
However, Commissioner Sesi Baloyi challenged his version, stressing that the commission could only rely on accounts of those physically present at the scene.
“You and I can only work on what the people who were on the scene tell us. Who went there and what they tell us. Firstly, they got a call to come and assist and you’ve conceded that nowhere in the statements do they say they were tasked by you, right? Both of them say there was a call and then they proceeded to Rosebank,” Baloyi said.
She further noted that photographic evidence and statements confirmed only three individuals — Mackenzie, Stols, and security figure and commission-named Etienne van der Walt — were present inside the property where the stones were seized.
“So on the documents before us there is no evidence that there was anyone from the JMPD on that day,” Baloyi said.
Mkhwanazi initially maintained that a JMPD officer known as “Motso” had been involved, as referenced in Stols’ statement, saying he had been informed of the officer’s involvement by subordinates.
But under sustained questioning, he conceded that, based on the available statements, “the operation was not a joint operation”.
The finding was reinforced by discrepancies between the officers’ versions and independent statements from the commanding officer at SAPS Rosebank.
According to the SAPS officer, Mackenzie and Stols reported that they were tracing suspects linked to a business robbery in Nigel, not investigating the illegal sale of lithium or semi-precious stones.
“They said they are reporting on duty for tracing suspects of a business robbery that took place in Nigel and they will be doing investigation around the Rosebank area,” the officer said.
This contradicted Stols’ affidavit, in which she said she had received a call from a JMPD member requesting assistance in recovering lithium rocks.
“In February 2023, I was on duty and in full uniform when I received a call from Motso, a JMPD member who requested assistance in the recovery of lithium rocks,” Stols said.
She added that after attending the residence, “we left the flat and met with the JMPD officer and gave her the SAP 299 and rocks and we left”.
Mackenzie’s statement similarly refers to handing over the stones to a JMPD officer after leaving the scene.
However, commissioners noted that there is no independent evidence placing a JMPD officer at the property.
Responding to the inconsistencies, Mkhwanazi described the versions as irreconcilable.
“The discrepancy is worse than different,” he said, adding that the accounts were as far apart as “Afghanistan and America”.
Commission chair Judge Mbuyiseli Madlanga was sharply critical, suggesting the officers had acted outside lawful procedure.
He said they appeared to have been “on a frolic of their own” and had failed to follow established protocols.
Mkhwanazi initially agreed with the characterisation before qualifying it, insisting he had understood the operation to be legitimate.
Further controversy arose over Mkhwanazi’s engagement with IPID investigators.
He claimed an investigator had “prescribed” what should be included in his statement, an allegation disputed by IPID Assistant Director Thulani Magagula.
Magagula told the commission that Mkhwanazi’s statement did not meet the requirements of a warning statement and that he had sought further clarification, which Mkhwanazi allegedly declined.
The inquiry has previously heard evidence, including CCTV footage presented by IPID, allegedly showing an EMPD officer handing stolen stones to Mkhwanazi after the February 2023 operation.
The commission adjourned with Mkhwanazi expected to return for further questioning on Thursday morning.
INSIDE METROS