By Johnathan Paoli
Suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi and Ekurhuleni City Manager Kagiso Lerutla have been granted bail of R30,000 each in a fraud and corruption case linked to an alleged 2019 scheme to manipulate court proceedings in a speeding matter involving Lerutla.
Delivering his ruling at the Boksburg Magistrate’s Court on Tuesday, Magistrate Emmanuel Magampa said that his decision was based only on the evidence before him and the applicable law.
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“I deem it prudent to indicate that the decision that I have arrived at in this matter was not influenced by any external considerations, but was reached following an objective assessment of the facts placed before me in these proceedings, and the application of the law to those facts,” Magampa said.
The pair appeared in court after judgement was postponed from last week. They face charges including fraud, defeating the ends of justice and corruption, stemming from a 2019 speeding case involving Lerutla.
As part of their bail conditions, both Mkhwanazi and Lerutla were ordered to surrender their passports before release.
According to the state, Lerutla was allegedly caught speeding and failed to appear in court in 2019.
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It is alleged that he instead conspired with Mkhwanazi and a third person, Thabang Tsotetsi, to have Tsotetsi impersonate him in court. The state alleges that about R400,000 was paid or shared as gratification for the alleged arrangement.
The state opposed bail, arguing that the accused could interfere with witnesses or ongoing investigations, as provided for under Section 60(4)(c) of the Criminal Procedure Act.
However, Magampa found that the state had not presented sufficient factual evidence to substantiate these concerns.
“For the court to refuse the applicants’ bail on the grounds raised by the state, it must be established that there is a likelihood that they may interfere with witnesses or destroy or conceal evidence. This must be based on facts and not on speculation,” he said.
The magistrate said the state’s claims were not supported by concrete details.
He also pointed out that Mkhwanazi’s suspension from his position reduced the likelihood of him influencing potential witnesses, while bail conditions could further mitigate any risk.
In addition, Magampa dismissed attempts to link Mkhwanazi to unrelated deaths of individuals described as potential whistleblowers, noting that no charges had been brought against him in those matters.
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“The State cannot fail or omit to charge the first applicant for the incidents cited, yet raise them as reasons to oppose his release on bail when he is arrested on an unrelated matter,” he said.
The court also scrutinised allegations against Lerutla relating to a separate 2021 fatal vehicle collision, in which it was claimed he attempted to bribe a tow truck driver.
Magampa described aspects of this claim as illogical, particularly given that the case had previously been withdrawn and no prosecution pursued.
“Why would a person like the second applicant want to make a docket disappear after he had been informed that he is not going to be prosecuted? This, in my view, defies logic,” he said.
Magampa said that while the charges are serious, particularly given the alleged corruption involving more than R100,000, the court’s role at this stage was limited to assessing whether the interests of justice permitted release on bail.
He concluded that both accused had met the required legal threshold.
“It is my view that the applicants have discharged their onus on a balance of probabilities and that the interests of justice permit their release on bail,” he ruled.
The magistrate added that the seriousness of the charges was reflected in the bail amount, noting that, if convicted, the accused could face significant prison sentences, including a potential minimum sentence of 15 years for corruption under applicable legislation.
The matter is expected to return to court on 13 May.
