By Johnathan Paoli
The Johannesburg Magistrate’s Court has granted suspended Ekurhuleni Metro Police Department (EMPD) deputy chief Julius Mkhwanazi and Johannesburg Metro Police Department (JMPD) officer Kgomotso Makhubu bail of R5,000 each in connection with the alleged theft of precious stones worth nearly R15 million during what investigators allege was a staged police operation in 2023.
Magistrate Annelise Tlhapi delivered the ruling on Tuesday after hearing closing arguments in the pair’s bail application, finding that the State had failed to present evidence showing why they should remain in custody pending trial.
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“The state did not present any evidence before this court, and the court is hoping that the merits of the case will be dealt with properly at the trial court. As they have already stated that they are not a flight risk, what this court has to consider is whether, if released on bail, they will stand trial,” Tlhapi said.
She found that the provisions of Section 60(4)(a) to (e) of the Criminal Procedure Act, which set out grounds for refusing bail, did not apply to the two accused.
“The court has found that the provisions of Section 60(4)(a) to (e) are not applicable to applicants four and five. Therefore, the court has decided to grant bail in the amount of R5,000 each, the same as the applicants already released on bail,” she said.
State prosecutor Nceba Ntelwa requested that the same bail conditions imposed on the other accused also apply to Mkhwanazi and Makhubu.
The court ordered both accused not to communicate with State witnesses directly or indirectly, or intimidate or interfere with them.
They were also ordered to surrender their passports and report to their respective police stations every Monday between 06:00 and 18:00. Makhubu will report to Brackendowns Police Station, while Mkhwanazi will report to Alberton Police Station.
The matter was postponed to 25 August for further investigation.
Mkhwanazi and Makhubu join suspended EMPD officer Adrian Mackenzie and former EMPD officer Kersha-Leigh Stols, who were previously granted bail of R5,000 each.
Charges against private security company CEO Etienne van der Walt have since been withdrawn.
The case relates to an operation at Peter Prinsloo’s apartment in Killarney on 11 February 2023, during which six boxes of gemstones valued at about R14.9 million were seized.
Investigators allege the operation was staged to resemble a legitimate police raid. Only gemstones valued at about R40,000 were later recovered.
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The State indicated during the bail proceedings that it would not oppose bail for either accused.
Makhubu faces charges including conspiracy to commit robbery, fraud and robbery with aggravating circumstances. In her affidavit, she said she intended to plead not guilty.
She described herself as a single mother of three children and the sole breadwinner in her household, arguing that continued detention would have severe financial consequences for her family.
She also cited her cooperation with investigators and her voluntary testimony before the Madlanga Commission of Inquiry as factors supporting her release.
Mkhwanazi also denied any involvement in the alleged robbery, maintaining that the case against him was weak.
Through his lawyer, Shafique Sarlie, he argued that his arrest was motivated by individuals seeking to prevent him from becoming the next EMPD chief when the post becomes vacant at the end of 2026.
“My arrest impacts my eligibility for the role, if not barring me completely from being considered for such a position,” Mkhwanazi said in his affidavit.
He further alleged that Makhubu falsely implicated him before the Madlanga Commission after their romantic relationship ended.
According to his affidavit, the relationship lasted only a few months before he ended it because he did not regard her as a suitable “life partner”.
Makhubu gave a different account in her commission testimony, alleging that she financially supported Mkhwanazi after his suspension by paying for groceries, legal fees and his children’s school fees.
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She also claimed the relationship ended after the alleged gemstone theft and testified that R110,000 generated from the sale of some of the gemstones was shared equally among those involved.
Separate from the gemstone case, Mkhwanazi is also facing criminal charges relating to the alleged unlawful installation of blue lights on vehicles linked to alleged underworld figure Vusimuzi “Cat” Matlala, as well as a separate fraud and corruption case involving Ekurhuleni City Manager Kagiso Lerutla.
He remains out on bail of R50,000 and R30,000 respectively in those matters.
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