By Johnathan Paoli
The Boksburg Magistrate’s Court has postponed its ruling on the bail application of suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi and Ekurhuleni city manager Kagiso Lerutla to next week.
Announcing the postponement on Friday, Magistrate Emmanuel Magampa said he required further consideration of the arguments from both sides.
“The unfortunate situation is that I am not in a position to give the ruling today. But I can have it ready on Tuesday. I don’t want to shoot from the hip. I’ll make a mistake,” Magampa said.
Mkhwanazi and Lerutla were remanded in custody.
The pair are facing corruption-related charges linked to an alleged 2019 scheme in which an impersonator was reportedly paid to appear in court on Lerutla’s behalf in a speeding case.
The state contended that the case goes beyond a traffic violation and constitutes defeating the ends of justice.
During the bail proceedings, both accused maintained they are suitable candidates for release, denying the allegations and insisting they pose no risk to the investigation.
Counsel for Mkhwanazi told the court that he has no intention of interfering with witnesses or the ongoing probe and reiterated that his arrest was politically motivated, claiming it was orchestrated to prevent him from applying for the position of EMPD chief later this year.
Lerutla’s lawyer echoed similar sentiments, emphasising his personal and financial circumstances.
Senior counsel Michael Hellens challenged the state’s case, describing the allegations as vague and lacking substantiation.
Hellens questioned why the prosecution had not produced key statements it claimed to possess and disputed aspects of the evidence presented.
He also argued that it was “disingenuous” for the state to attempt to elevate the original 2019 speeding charge to one of reckless and negligent driving, particularly when the matter is now framed as defeating the ends of justice.
This follows the state referencing a 2021 fatal car crash in which Lerutla was involved and allegations that he had paid a tow truck driver R10,000 to remove the corpse.
Hellens argued that Lerutla denied encountering implicated individuals, including the tow truck operator.
But prosecutor advocate Nceba Ntelwa strongly opposed bail, warning the court that both accused could interfere with witnesses or the investigation if released.
In his submissions, Ntelwa argued that excessive speeding can amount to reckless and negligent driving, which carries serious legal consequences, including direct imprisonment or fines.
“The charge is no longer speeding but defeating the ends of justice,” he said.
Ntelwa further suggested that Lerutla had a pattern of attempting to evade legal consequences, alleging that he “appears to be someone who pays off whenever he is in trouble with the law”.
Proceedings kicked off with a rocky start when Magistrate Magampa revealed he had received a call from a person identifying themselves as “Sergeant Sibisi” from the “Madlanga Commission task team”.
Magampa said the caller had asked him whether he presided over Lerutla’s 2019 speeding case.
Magampa told the court he could not recall the matter, given the passage of time, and had directed the caller to consult court records, describing it as unusual.
“In my 36 years of practice, I have never seen something like this. I will take the matter up with my superiors,” he said.
The defence described the development as concerning, while the state indicated it would look into the matter.
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