By Johnathan Paoli
The case against suspended Ekurhuleni Metro Police Department (EMPD) Deputy Chief Julius Mkhwanazi and Ekurhuleni City Manager Kagiso Lerutla has been postponed to next week after the defence requested additional information from the State to prepare for pre-trial proceedings.
The pair appeared in the Boksburg Regional Court on Thursday, where they face charges of fraud, corruption and defeating the ends of justice stemming from allegations that an impostor was paid to appear in court on Lerutla’s behalf in connection with a 2019 speeding case.
Both Mkhwanazi and Lerutla remain out on R30,000 bail.
Proceedings on Thursday were expected to deal with amended charge sheets and pre-trial preparations.
However, the matter was delayed after defence lawyers argued that they required further particulars from prosecutors before they could proceed.
According to the State’s case, Lerutla was scheduled to appear in court on a speeding charge in 2019 but allegedly failed to do so because he attended a job interview instead.
Prosecutors allege that Mkhwanazi subsequently arranged for a third party to impersonate Lerutla during the court proceedings.
The State further alleges that approximately R400,000 was paid in connection with the scheme, with the money allegedly being shared between Mkhwanazi and the impostor.
Speaking to NewzroomAfrika outside court, Ekurhuleni spokesperson Phakamile Mbengashe said the municipality had noted the recent developments and reiterated that council had already considered the legal implications of Lerutla’s criminal case.
“You will recall that an item was taken to council in the form of a legal opinion regarding the city manager’s appearance here in court. That item was deliberated, the legal opinion was discussed, and there was a resolution. Part of the resolution was to note the legal opinion. Some of the contents, I won’t go into full detail, was that this is a personal legal matter,” Mbengashe said.
He said the municipality’s position remains unchanged.
“And as it stands, he would be allowed to go back to work. But it’s an ongoing process that we are monitoring,” he added.
Asked whether the serious allegations brought the municipality into disrepute, particularly amid suggestions that prosecutors were investigating additional offences, Mbengashe rejected claims that homicide charges currently formed part of the case.
“On the current charge sheet, there’s no issue of homicide. It’s strictly based on the issue related to a speeding fine in 2019. I just need to clarify that,” Mbengashe said.
He said that the municipality was obliged to act within the legal framework governing senior local government officials.
Mbengashe also confirmed that Mkhwanazi remains on suspension pending the outcome of a municipal disciplinary process.
“There is no finality. But we are at an advanced stage. The report will go to council, and again council will deliberate and make a determination on the outcome of the disciplinary process,” he said.
Although the current prosecution relates solely to the alleged impersonation scheme, it emerged during previous court proceedings that prosecutors are considering additional charges against Lerutla linked to a separate 2021 incident.
According to allegations, Lerutla is accused of being involved in a fatal motor vehicle accident involving his Mercedes-Benz G-Wagon in which another person died.
Prosecutors have indicated they are investigating allegations that the incident was subsequently covered up.
However, Mbengashe stressed that those allegations have not yet been incorporated into the existing charge sheet before the court.
The case will return to the Boksburg Regional Court on 13 July, when the parties are expected to continue with pre-trial preparations.
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