By Johnathan Paoli
Suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi has claimed the allegations linking him to the alleged R14.9 million precious stones robbery were fabricated by his co-accused, Madlanga Commission Witness K, after he ended their romantic relationship.
Mkhwanazi made the claims in the Johannesburg Magistrate’s Court on Monday during his bail application.
He and Witness K were arrested on Friday in connection with the alleged theft of precious stones worth nearly R15 million from a property in Killarney, Johannesburg, in February 2023.
The State alleges the pair orchestrated a bogus law enforcement raid during which six boxes of high-grade sugilite and manganese stones were stolen.
They face charges of conspiracy to commit robbery, robbery with aggravating circumstances and fraud.
Reading from Mkhwanazi’s affidavit, his counsel, Advocate Shafique Sarlie, told the court that his client denied all the allegations and alleged Witness K falsely implicated him after their relationship ended.
“As of February 2023 I was romantically involved with Witness K and hesitant to reveal intimate details of my personal life. But candidly, I must reveal that she was very much in love with me. But if truth be told, I quickly came to realise that she was not the lifetime partner that I was seeking. Within a few months of our romance, I summarily ended the relationship,” Sarlie read.
“She was emotionally distraught and devastated when I ended it. I believe this to be the primary motive for fabricating the evidence that implicated me, which now forms the basis of the charges.”
Sarlie further argued that the State’s evidence had changed over time.
“The State will no doubt confirm that in statements earlier made by all three of my co-accused, which were made available to me at the commission, they did not implicate me at all in the commission of any offence. They did not, as they have recently fabricated, state that I was involved in the unlawful sale of the stones and the sharing of the R110,000 payment,” he said.
Questioning the alleged financial motive, Mkhwanazi said it was implausible that he would participate in a scheme involving gemstones valued at nearly R15 million for an alleged payment of just R22,000.
“It is absurd to suggest that I would be involved in a scheme where gemstones worth almost R15 million were sold for a mere R110,000 and that I would receive a paltry R22,000,” his affidavit stated.
He also denied receiving any proceeds from the alleged crime.
Sarlie challenged the State’s classification of the matter as a Schedule 6 offence, arguing that earlier statements by complainant Peter Prinsloo and subsequent High Court papers described the incident as theft by false pretences rather than robbery.
He told the court Mkhwanazi had complied with bail conditions in two unrelated criminal matters, had surrendered his passport in one case and had strong family and financial ties to Gauteng, making him a low flight risk.
The State did not oppose bail.
Prosecutor Nceba Ntelwa told the court that neither Mkhwanazi nor Witness K posed a flight risk and that both had cooperated with investigators.
Witness K appeared in court with her face concealed after her legal representative, Oscar Thovhakale, successfully applied for measures to protect her identity, citing safety concerns and intimidation following her testimony before the Madlanga Commission.
Thovhakale argued there were no grounds to deny his client bail because she posed no risk to the investigation.
“I respectfully submit that I do not know what further investigations need to be conducted by the investigating officer. I therefore submit that there is no possibility of interference with the investigation,” he said.
He added that Witness K had no access to any evidentiary material and could not interfere with evidence that may be presented during trial.
Thovhakale also said his client had voluntarily cooperated with investigators long before criminal charges were brought.
Witness K told the court she intended pleading not guilty, remained presumed innocent and sought bail so she could continue supporting her children and extended family while preparing her defence.
The case relates to an alleged law enforcement raid at a Killarney property on 11 February 2023, during which six boxes of high-grade sugilite and manganese stones valued at about R14.9 million were allegedly stolen after suspects falsely claimed to be members of a multidisciplinary police team investigating lithium smuggling.
Mkhwanazi and Witness K were arrested after being implicated by suspended EMPD officer Adrian Mackenzie and former EMPD officer Kersha-Leigh Stols, who allege they acted on Mkhwanazi’s instructions during the operation.
Mackenzie and Stols were granted R5,000 bail last week, while charges against businessman Etienne van der Walt were withdrawn.
Magistrate Annelise Tlhapi postponed the matter to Tuesday for final arguments before ruling on the bail applications.
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