Court hears of cover-ups and body disposals as Ekurhuleni officials apply for bail

Nearly two years after Ekurhuleni’s city manager, Kagiso Lerutla, allegedly paid someone to take the fall for him after being arrested for speeding, he was purportedly involved in covering up a culpable homicide, the Boksburg Magistrates’ Court heard on Thursday.

This was contained in an affidavit filed by one of the investigating officers, Silindile Madinane, in opposition to bail.

Madinane, a member of an SAPS task team established to follow up on referrals made by the Madlanga Commission, argued that Lerutla and his co-accused, suspended Ekurhuleni deputy police chief Julius Mkhwanazi, should not be released on bail, citing concerns that they would interfere with the investigation and witnesses.

The pair face charges of fraud, corruption and defeating and/or obstructing the ends of justice.

The charges stem from a March 2019 case, when Lerutla was arrested on speeding charges and released on bail the same day. He subsequently failed to appear in court, leading to a warrant of arrest being issued.

Instead of attending the hearing, Lerutla allegedly sought assistance from Mkhwanazi, who then roped in his personal driver to impersonate Lerutla in court.

The State contends that this arrangement was designed to safeguard Lerutla’s “promising career,” as he was undergoing interviews for the metro’s CFO position at the time.

The court further heard that Lerutla paid R400,000 in instalments, which was subsequently split evenly between Mkhwanazi and his driver. The State intends to present evidence confirming that Mkhwanazi received his portion of the funds.

The affidavit revealed that the driver was then frequently “used ... to assist other departmental officials who had the same problems”.

“This is an assault on the criminal justice system by the persons who were supposed to protect it. This amounts to a breach of trust,” the investigating officer argued.

Part of the reason the State is opposed to bail is that this incident occurred in 2019, but only resurfaced in 2026.

“Both applicants, with the help of other people unknown to the police yet, managed to totally kill investigations related to this matter, ever since, until the Madlanga Commission task team was formed,” said Madinane.

“That means that without this thing, the case, which has an embarrassing effect on the criminal justice system, would have been permanently buried. I shudder to think what would have happened if the presiding officer had given the driver direct imprisonment.”

The State also believes the witnesses in the matter are “gullible and vulnerable”, specifically as they were the pair’s subordinates.

Head-on collision

Beyond the matter in question, the court heard that Lerutla was involved in a head-on collision in Benoni at 12.10am on 14 May 2021. The driver of the other car died on the scene.

Shortly after the accident, Lerutla is said to have sought the services of a tow truck whose driver he paid R10,000 to remove the body before emergency services and the police arrived at the scene.

“The scene was attended by two EMPD [Ekurhuleni Metropolitan Police Department] officers who allegedly arranged for [Lerutla] to be transferred to hospital for medical attention, as he was allegedly seriously injured; however, he was attended to and discharged the same day without being admitted,” the court heard.

Following the incident, a culpable homicide case was opened but failed to gain any momentum. Approximately five months later, in August, the matter was officially withdrawn, and the case closed.

Under normal circumstances, a closed docket would be archived in a police storeroom; however, this specific file vanished. The court heard that authorities are now in the advanced stages of reconstructing the missing docket to revive the investigation.

‘Hail of bullets’

The court also heard there was evidence that “persons who were close to [Mkhwanazi] died in a hail of bullets”.

Among them is former EMPD officer Marius van der Merwe, who testified at the Madlanga Commission of Inquiry about his role in an alleged 2022 cover-up involving the torture and murder of a robbery suspect, Emmanuel Mbense. He said Mkhwanazi instructed him to dump Mbense’s body.

The following month, on 5 December 2025, Van der Merwe, the director of a private security company, was murdered outside his Brakpan home.

In his bail bid, Mkhwanazi, through his lawyer, Peter Wilkins SC, said he intends to plead not guilty, has no previous convictions, and has accumulated a pension of R7-million, which he would forfeit if he were to flee the country. He said he does not intend to interfere with the investigation or with witnesses, whom he does not know, and pointed to his poor health, including Type 2 diabetes.

“I believe that my arrest has been orchestrated by individuals for ulterior and nefarious political motives” said Mkhwanazi. It is no secret that I have made my aspirations of applying for the position of chief of police, which will become vacant at the end of the year. Of course, my arrest and prosecution negatively impact my eligibility.”

Lerutla said he earns R220,000 a month and is the sole breadwinner in his household. He maintained that his release would not endanger anyone, that he does not know the witnesses and would not interfere with them, and that he has no previous convictions.

The bail hearing continues on Friday, April 24. DM