Defence urges state to withdraw charges in Julius Mkhwanazi blue lights case amid delays
· Citizen
The defence has criticised the state’s handling of blue lights corruption case involving former Ekurhuleni city manager Imogen Mashazi and ex-Ekurhuleni Metro Police Department (EMPD) deputy chief Julius Mkhwanazi, arguing that the prosecution should withdraw the charges if it is not ready to proceed and reinstate them once it has gathered sufficient evidence.
Mashazi, Mkhwanazi, former Ekurhuleni head of human resources Linda Gxasheka and suspended head of legal and risk services Khemraj “Kemi” Behari appeared in the Germiston Magistrate’s Court on Friday, 9 October 2026, where the state asked for another postponement.
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The four are each out on R50 000 bail and face corruption charges linked to the alleged abuse of public office, unlawful salary adjustments and the obstruction of internal disciplinary processes.
The allegations relate to an alleged cover-up of internal disciplinary proceedings against Mkhwanazi over the unlawful installation of blue lights on vehicles belonging to tenderpreneur Vusimuzi “Cat” Matlala.
Julius Mkhwanazi blue lights case resumes
Addressing the court on Friday, the prosecutor told the court the state was still examining the accused’s financial records and had not received all the relevant information.
“We are not entirely ready,” he remarked.
The state advocate explained that the investigation involved several bank accounts, noting that one of the accused had more than six accounts, while another had four.
While acknowledging the need to ensure that criminal proceedings are concluded without unnecessary delays, the prosecutor maintained that the complexity of the investigation justified the additional time.
“[It is] a relatively new matter. One is acutely aware that justice must be seen to be done as speedily as possible.
“It is my humble submission to this court that at least this request cannot be viewed to be unreasonable.
“In the circumstances of the nature of this case, it is not your simple case. This is a complex matter which involves finances.”
Defence accuses state of disregarding court order
Mashazi’s lawyer, Bongani Khoza, opposed the postponement, arguing that the prosecution had not complied with a court order requiring it to hand over the case docket.
He questioned how the state could have indicated that it was ready to transfer the matter to the regional court when the defence had allegedly still not received the relevant documents.
The lawyer also raised concerns about the length of time the accused had been subjected to criminal proceedings, pointing out that they were arrested on 8 July 2026.
He argued that the publicity surrounding their arrests had affected their reputations.
The day you decide to arrest people, invite the media, arrest them late at night, call the media to their first appearances, have all sorts of articles written about them, and have the public on social media label them as criminals, it changes the complexion of the game, Your Worship.
“That is where we find ourselves. This is not an ordinary matter. The prosecutors are not before this court, nor are they on social media being called corrupt.”
Khoza told the court that the ongoing case was particularly difficult for his client, whom he described as a pensioner dealing with health challenges, such as diabetes, and unwanted media attention.
The prosecution, he added, could withdraw the charges and reinstate them when it was ready to proceed.
“You can always reinstate the charges. It is that simple.”
The lawyer further accused the state of playing “tricks” and “insulting our intelligence” by allegedly attempting to present a charge sheet as proof of compliance with the court order, despite the defence already having the document.
He urged the magistrate to consider an inquiry into the delays under Section 342A of the Criminal Procedure Act (CPA), which deals with unreasonable delays in criminal proceedings.
Co-accused also raise concerns over delays
Behari’s legal representative supported the concerns about the pace of the proceedings and asked the court to relax his client’s bail condition requiring him to report to the Brooklyn Police Station in Pretoria every Friday.
The lawyer argued that the state’s failure to disclose the docket had a “knock on effect” on the defence’s ability to prepare for trial.
He added that the case had been registered in May 2026 and argued that the prosecution should provide the defence with the documents already available.
Gxasheka‘s legal team also objected to the postponement, describing the state’s request as “unfair” and questioning whether the accused would receive similar leniency if they failed to comply with their own obligations.
“If it was accused three who came here with excuses, action would have been [taken] immediately.
“If it was my client who did not comply with bail conditions, action would have been [taken] immediately. There would not have been any questions asked.”
The lawyer also asked the magistrate to invoke Section 342A of the CPA to examine the delays.
Shafique Sarlie, representing Mkhwanazi, took a different approach, agreeing to a postponement on condition that it be the final one.
He argued that striking the matter off the roll could result in further delays.
The prosecutor defended the request for additional time, and after a brief adjournment, the state indicated that it had agreed to relax the reporting conditions for all four accused.
The matter was postponed to 6 November 2026 for further investigations.
Separate blue lights matter
In a related but separate case, proceedings involving Mkhwanazi, Matlala and EMPD fleet manager Chris Steyn were also postponed to the same date in the previous matter.
The state informed the court that investigations had been completed and that the prosecution would proceed with disclosing the docket before transferring the matter to the regional court.
Annelene van den Heever, counsel for Matlala, told the court that her client intended to bring a bail application before the next court appearance.
Matlala had not initially applied for bail, and his application will be heard on a separate date.
The case also stems from allegations surrounding the installation of blue lights on vehicles belonging to Matlala.
The state has alleged that three of Matlala’s companies paid R70 000 into Mkhwanazi’s personal bank account.
Steyn was previously accused of facilitating the installation of blue lights on Matlala’s vehicles.
Matlala remains in custody, while Mkhwanazi and Steyn are out on R10 000 bail each.
Mkhwanazi, who was fired from the EMPD last month, is also being held in connection with the murder case involving the death of Emmanuel Mbense, after he was denied bail in that matter.