The Johannesburg Magistrates’ Court has heard that suspended Ekurhuleni Metropolitan Police Department (EMPD) deputy chief Brigadier Julius Mkhwanazi allegedly instructed an EMPD officer and a former EMPD officer to confiscate precious stones valued at R14.9 million.

The allegations emerged during the bail application of EMPD officer Adrian MacKenzie and former EMPD officer Kersha-Leigh Stols on Thursday.

MacKenzie and Stols were for arrested for the crime that occurred at a flat in Killarney, Johannesburg, on February 11, 2023.

According to the State, the pair falsely presented themselves as members of a multidisciplinary law enforcement team comprising officials from the EMPD and the Directorate for Priority Crime Investigation (DPCI), claiming they were investigating suspected lithium smuggling.

It is alleged that, through these false representations, the accused gained access to the premises, assaulted the complainant, threatened them with firearms and stole six boxes containing high-grade sugilite and manganese stones worth an estimated R14.9 million.

The State further alleged that the officers acted outside their lawful jurisdiction and falsely claimed they were authorised to conduct law enforcement operations within the City of Johannesburg.

MacKenzie and Stols face charges of robbery with aggravating circumstances and fraud.

Charges against businessman withdrawn

During the proceedings, the State withdrew charges against businessman Etienne van der Walt, who had been arrested in the same case.

After spending 10 days in custody, Van der Walt was released. The prosecution did not oppose bail for MacKenzie and Stols, telling the court that both had handed themselves over to police and were not considered flight risks.

In affidavits read to the court by their lawyer, Crystal Keevy, both accused claimed they were acting on the instructions of their superior, Brigadier Mkhwanazi.

Stols said that on February 11, 2023, she and MacKenzie received a telephone call from a woman before a man identified himself as Brigadier Julius Mkhwanazi of the EMPD.

“I put the phone on loudspeaker and Mkhwanazi informed us that we were to meet him at the Nando’s on Michelle Avenue in Alberton,” Stols said.

She said they met Mkhwanazi, who introduced them to a Johannesburg Metropolitan Police Department (JMPD) officer later identified as “Witness K”.

According to Stols, Witness K told them she had received information that someone was illegally in possession of high-grade sugilite and manganese stones and instructed them to confiscate the stones.

Before travelling to the Killarney address, Stols said they reported to the South African Police Service (SAPS), where they completed an occurrence book (OB) entry recording that they would be operating outside the EMPD’s jurisdiction.

She said they then travelled to the property in full uniform, identified themselves and confiscated six boxes containing the stones.

Stols told the court they intended to book the exhibits into SAPS custody but were stopped when Mkhwanazi arrived at the residence and instructed them to return to the Nando’s in Alberton.

“As Mkhwanazi was our superior, no questions could be asked and we proceeded to carry out his instructions,” she said.

MacKenzie also told the court that he is married and has two children, aged 15 and 10.

His youngest son was diagnosed with acute lymphoblastic leukaemia in July 2025 and has been undergoing chemotherapy for the past four weeks.

Stols also raised concerns about her health while in custody, telling the court she suffers from bipolar disorder and had not received her medication.

“I have developed extensive and painful sores in my mouth, which have made it difficult to eat. My family’s request to provide me with Listerine was refused,” she said.

Madlanga Commission testimony linked to case

The allegations against Mkhwanazi were first raised publicly during the Madlanga Commission in June, when protected witness “Witness K”, an inspector in the JMPD’s VIP Protection Unit, testified that Mkhwanazi orchestrated the robbery.

Witness K alleged that she, Mkhwanazi and a three-person team carried out the robbery and were paid R110,000 for the stolen stones. She claimed they later met at a car wash to divide the proceeds.

Mkhwanazi has denied the allegations, rejecting claims that he met Witness K at a car wash or received any money.

He has not been arrested in connection with the alleged robbery.

Court grants bail

Magistrate Annelise Thlapi granted MacKenzie and Stols bail of R5,000 each.

As part of their bail conditions, they must not communicate with or intimidate State witnesses, must surrender their passports, and must report every Monday to the Nigel and Meyerton police stations.

The case was postponed to August 25 for further investigation.

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