By Johnathan Paoli
The Madlanga Commission has openly questioned suspended Ekurhuleni Metro Police Department (EMPD) Deputy Chief Julius Mkhwanazi’s claim that he did not recognise any EMPD officers at the scene of Emmanuel Mbense’s murder.
Returning to the stand on Wednesday, Mkhwanazi outlined the involvement of himself, EMPD officers Adian McKenzie, Kersha-Lee Stols, and Bafana Twala, as well as the late informant and businessman Jaco Hanekom, at the scene of Mbense’s murder in April 2022.
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Mkhwanazi initially maintained that he did not recognise anyone at the scene, saying he had arrived from his home at around 2am after receiving a call from Hanekom.
Commissioner Sesi Baloyi repeatedly challenged this version, describing it as implausible that a senior EMPD official could be unaware of a law enforcement operation involving multiple agencies.
“Commissioner Mkhwanazi, if it has not been clear so far, I do not accept that you are telling us the truth about your involvement that night, your knowledge of who was there, and what happened,” Baloyi said.
Commission chair Mbuyiseli Madlanga echoed these concerns.
“You drove from your home at 2 am without any detail. You arrive at the scene and still leave without any clarity. Only days later do you seek information about the operation. You could have obtained that clarity on site, instead of turning around and going back home shortly after arriving,” Madlanga said.
After initially stating that he could only recall standing next to “plus or minus nine white guys”, Mkhwanazi later conceded that Etienne van der Walt, a security company owner previously mentioned before the commission, “might have been one of them”.
Mkhwanazi has denied any involvement in the murder or an alleged cover-up, despite claims that he instructed individuals, including Marius “Vlam” van der Merwe (Witness D), to dispose of Mbense’s body after he was allegedly tortured to death.
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He told the inquiry that Hanekom, with whom he had both an operational and business relationship, had a track record of providing reliable intelligence.
However, this explanation drew sharp criticism from the panel. Madlanga said it was difficult to understand how Mkhwanazi could attend such a scene without first establishing who was involved.
Mkhwanazi insisted he “was not aware of any involvement by the EMPD”, despite acknowledging that EMPD members were present. He further claimed he did not ask questions beforehand, saying this had happened “many times” in his dealings with Hanekom.
The commission also raised concerns about his failure to take action upon arrival. Despite being a director, Mkhwanazi admitted he did not record his presence, secure evidence, or engage with officers at the scene.
He argued that he “could not take over a scene from SAPS”, explaining his decision to leave without intervening.
Baloyi rejected this explanation.
“You arrive on the scene, you suspect people want to remove items from a vehicle, and you record nothing? That cannot be normal,” she said.
Further concerns were raised when the commission noted that the alleged “successful operation” Mkhwanazi referred to was not recorded in any official police documentation, including SAPS exhibit registers.
Madlanga described Mkhwanazi’s version as “senseless”, suggesting he may be withholding critical information about what transpired that night.
The inquiry also revisited related allegations involving a so-called rogue EMPD unit implicated in extortion and the confiscation of illicit cigarettes in 2022, involving officers including Twala.
Although that case was later withdrawn, it forms part of a broader pattern of alleged misconduct under investigation.
Mkhwanazi continued to deny wrongdoing, insisting that the Mbense incident “was not an EMPD operation” and that his presence at the scene was brief.
He also questioned the credibility of van der Merwe, saying the witness had provided multiple, conflicting versions of events.
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“If the investigating officer who interviewed him is the one who came here and told the commission that Witness D lied in his statements, then it is clear he gave many different versions,” Mkhwanazi said.
Van der Merwe, who previously testified that Mbense was allegedly killed by EMPD members and his body dumped in Germiston Lake, was shot dead days after his testimony in what is widely suspected to have been a hit.
Retired EMPD inspector Robert Schultz, who left the service a few months after the incident, was the commanding officer of McKenzie, Stols and Twala at the time. Mkhwanazi said he could not recall whether Schultz had informed him of EMPD involvement.
Mbense was murdered on 15 April 2022 at his home in Brakpan.
His body was discovered the following day at the Duduza Dam in Nigel, with his car keys and driver’s licence still in his pocket.
Mbense (51), a father of five, was allegedly tortured and killed by law enforcement and private security officers before being dumped in the dam.
His family has since turned to AfriForum’s Private Prosecution Unit in pursuit of justice.
They first learned the details surrounding his death when van der Merwe (Witness D) testified before the Madlanga Commission.