‘I am foreseeing this being prolonged unnecessarily,’ says magistrate in Julius Mkhwanazi case
· Citizen
The case against suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Julius Mkhwanazi and Ekurhuleni City manager Kagiso Lerutla has been postponed again, much to the magistrate’s displeasure.
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They face charges of fraud, obstruction of the ends of justice, and corruption.
On Monday, the two returned to the Boksburg Regional Court, where the State updated the court on the progress made in response to the defence’s request for further particulars.
“We have not completed the response to that, and, as such, we have engaged the defence that we arrange another date just to finalise the response to the further particulars,” said the state prosecutor.
“We have agreed, Your Worship, that the matter is to be adjourned to 21 August; further, we have agreed that by the 31st of this month the state would have responded fully to the request for further particulars as supplied by the defence.”
“I appear to be the accused number one in the matter. I can confirm what my colleague has alluded to this morning. We have agreed on the date of 21 August, subject to the Court’s availability.
“We then anticipate receiving the state’s response to our request for further particulars by Friday, 31 July,” said Mkhwanazi’s legal representative.
“Your Worship, that should also then provide us enough time to consider the state’s response and obtain our client’s instructions in regard thereto and, if necessary, to then submit a request for further and better particulars.”
‘Extremely disappointed’
“I confirm what my two colleagues have placed on record,” said Lerutla’s legal representative.
“Further to place on record that we are extremely disappointed with what we have just heard, that the prosecution has not completed the response to our request for further particulars, particularly because previously, when we wanted a later date, the prosecutor, who is not here today, dismissed that suggestion and assured us that he could deal with our request for further particulars within two days upon receipt.
“We will give them an opportunity until the 31st and see if by then they would have finalised the response, and we reserve our rights to make a further request for further and better particulars upon receipt of their response on the 31st.”
Mkhwanazi appearance: Magistrate displeased
However, the magistrate was not convinced that the State would be able to furnish the defence with the requested particulars.
“So you are certain that by 21 August 2026, everything will be done? All the responses will be finished by the 21st? Or before the 21st?
“I am foreseeing this being prolonged unnecessarily, because if it is a question of applying for further particulars, the State is required to respond promptly so that this trial will be fast-tracked. Proceed with it as soon as possible,” said the magistrate.
The State prosecutor, however, said the case was already moving speedily, and the justice system should be congratulated for that.
“Remember, this matter is not even three months in the court, and it is already before you in the regional court. It is unheard of. It is not something that happens often.
“Often, you would see that a matter in the district court has a lifespan of about six months. But because of the dedication and the work that has been put into ensuring that justice is meted out, things have been done quickly, and the entire team has been working around the clock to ensure that justice is meted out as quickly as possible.”
The case was postponed to 21 August to allow the State to respond to further particulars requested by the defence.