Suspended EMPD acting chief Julius Mkhwanazi and Ekurhuleni city manager Kagiso Lerutla were each granted bail of R30 000 on April 28 following a week of legal proceedings at the Boksburg Magistrate’s Court.
The pair, who face charges of fraud, corruption and defeating the ends of justice, were released under strict conditions after extensive arguments from both the state and the defence. The matter has been postponed to May 13 for a regional court date.
In a closely watched ruling delivered on Tuesday, Magistrate Emmanuel Magampa said that although the charges were serious, the state had not shown sufficient grounds to justify continued detention at this stage.
“It is in my view that the applicants have discharged the onus on a balance of probabilities and that the interests of justice permit their release on bail,” said Magampa.
Julius Mkhwanazi during the reading of the bail judgment at the Boksburg Magistrate’s Court.
He emphasised the gravity of the charges, noting that the alleged corruption involves amounts exceeding R100 000.
If convicted, the accused could face a prescribed minimum sentence of 15 years’ imprisonment, unless substantial and compelling circumstances are presented.
“The seriousness of the offence must be reflected in the amount of bail,” Magampa added, noting that the court had considered the financial means of both accused in setting bail at R30 000 each.
According to the state, the accused acted with a common purpose in March 2019 to unlawfully evade court proceedings.
Following Lerutla’s arrest for speeding and his obligation to appear before the Boksburg Magistrate’s Court, the pair allegedly recruited and paid a third party to impersonate him in court while he attended a job interview.
Kagiso Lerutla appear in court where he and co-accused were each granted R30 000 bail.
It is further alleged that the individual appeared under false pretences and completed diversion documentation using Lerutla’s personal details. The State contends that approximately R400 000 was shared as gratification for facilitating the scheme.
In addition, fresh allegations emerged during bail proceedings linking Lerutla to a R10 000 payment shortly after a fatal N12 crash in 2021, allegedly in an attempt to conceal a culpable homicide case involving the death of another driver.
Strict bail conditionsThe court imposed strict bail conditions, including restrictions on contact with witnesses, limitations on travel, and the surrender of travel documents. Both accused cellphones are held by the state as part of the investigation.
Defence argumentsThe defence argued successfully that both accused are not flight risks and have strong family and community ties. Mkhwanazi told the court that eight children depend on him financially, while Lerutla highlighted the impact of his detention on his wife and children.
The two accused, Julius Mkhwanazi and Kagiso Lerutla, appear side by side as the court delivers its ruling.
State concernsProsecutors had opposed bail, citing the accused’s positions of authority, the risk of witness interference, and allegations linked to a missing docket and the impersonation case.
At the centre of the matter is the reopened 2019 incident in which Lerutla allegedly failed to appear in court, with investigators claiming Mkhwanazi arranged for an impersonator to appear in his place.
The arrests were carried out by a SAPS task team on April 18, with Mkhwanazi apprehended at his home and Lerutla detained at OR Tambo International Airport.
The case is expected to be transferred to the regional court due to its complexity and seriousness.
NPA statementThe National Prosecuting Authority (NPA) said it notes the decision of the Boksburg Magistrate’s Court to grant bail, adding that the court found the requirements for release had been met and that the interests of justice permit bail, subject to conditions.
The NPA confirmed that it opposed bail, relying on an affidavit from the investigating officer that raised concerns about potential interference with witnesses and ongoing investigations, given the seriousness of the charges and the accused’s alleged past conduct.
“The NPA respects the court’s decision and will review the outcome, while remaining steadfast in its commitment to prosecute the matter diligently and present a strong case in the interests of justice,” said NPA spokesperson Kaizer Kganyago.
The NPA indicated it will continue to pursue the case as investigations remain ongoing.
Kagiso Lerutla listes during bail proceedings as the court delivers its ruling.
Juliusz Mkhwanazi appear in court where he and co-accused were each granted R30 000 bail.
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