The bail applications of Ekurhuleni municipal officials Julius Mkhwanazi and Kagiso Lerutla have been postponed to Wednesday, 22 April.
On Monday afternoon, the state declared its intention to oppose bail and requested a postponement, as the prosecution team required additional time to prepare.
Mkhwanazi, the suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief, and Lerutla, the municipal manager, were arrested over the weekend in separate operations.
They face charges of fraud, obstruction of justice and corruption for allegedly being givers and receivers of gratification.
Prosecutors asked the magistrate to grant them more time to verify details pertaining to Lerutla, as well as his friends and relatives.
Fraud and corruption charges
A packed Boksburg Magistrate’s Court first heard a media application to record the proceedings, with the magistrate agreeing on the condition that court staff were not photographed.
The state then outlined the charges against the accused, explaining that the severity of the alleged offences amounted to Schedule 5 charges, with the defence non-committal on whether they agreed with that summation.
In arguing for bail to be considered, the defence highlighted that the charges relate to alleged offences committed in 2019.
On the state’s reasoning for the postponement, the defence argued that the information the state now sought should have been obtained prior to the arrests.
“Whilst it is correct, your worship, that the Criminal Procedure Act provides for seven days to enable the state to investigate the outstanding issues like addresses, there has to be a reasonable explanation for a failure to do so,” the defence attorney stated
“The issues of who he is [connectioned to], friends, where he can go to and the relatives, this should have been done before the arrest. Instead, they decide to arrest and then investigate,” the defence stated.
Bail application postponed
Ultimately, the magistrate agreed to the state’s request, holding Mkhwanazi and Lerutla in custody until at least 23 April.
Mkhwanazi was arrested at his home on Saturday, and Lerutla was arrested on Sunday at OR Tambo International Airport.
The two are accused of orchestrating an elaborate identity switch in which an impersonator appeared in the Boksburg Magistrates’ Court on Lerutla’s behalf in 2019.
Lerutla was arrested for speeding and had a court date scheduled on the same day as a job interview, paying a third party to attend the court appearance.
“It is further alleged that the third party appeared in court under false pretences and completed diversion documentation using Lerutla’s personal details.
“The state contends that the accused shared gratification of approximately R400 000 for facilitating this scheme,” stated NPA spokesperson Kaizer Kganyago.
