An IPID investigator has told the Brakpan Magistrate’s Court that a DNA report allegedly placing Wiandre Pretorius in the bedroom where Emmanuel Mbense was tortured and killed may have contributed to Pretorius taking his own life.
The evidence was heard during the bail application of six people accused of murdering Mbense and allegedly helping to cover up his death. The State is opposing bail for the accused, who include suspended Ekurhuleni Metropolitan Police Department deputy chief Julius Mkhwanazi.
IPID senior investigator Nomsa Masuku was called to the witness stand on Tuesday to testify about her affidavit opposing bail. She described the investigation into Mbense’s death, the DNA evidence allegedly linking Pretorius to the scene and the information investigators received before Pretorius died.
The accused are Mkhwanazi, Cobus Janse van Rensburg, Bhekokwakhe Sibande, Adrian Mackenzie, Kersha-Leigh Stols and Juan-Maré Eksteen. They face charges linked to Mbense’s murder, robbery and the alleged attempt to defeat the ends of justice.
The allegations against the accused have not been tested in a trial. They remain legally presumed innocent unless convicted by a court.
DNA Evidence At Centre Of Testimony
Masuku told the court that IPID had concluded its investigation into Mbense’s murder and had made recommendations to the relevant authorities. The docket and supporting material were sent to the South African Police Service and the EMPD because officials from both services, as well as private security personnel, were allegedly implicated.
As part of the investigation, DNA samples were taken from suspects and compared with samples recovered from Mbense’s home after the 2022 incident.
“The suspects’ DNA samples were taken to compare with the samples that were found in Mbense’s house in 2022. That sample came back positive for Wiandre Pretorius,” said Masuku.
Masuku said the report allegedly placed Pretorius in the bedroom where Mbense was found after the attack. She told the court that investigators were later informed that Pretorius had seen the document before his death.
“Now, when he killed himself, we were informed that one of the reasons he killed himself was because he had sight of the document, which is the DNA report placing him in the bedroom where the deceased was.”
Masuku did not present the alleged link as a confirmed explanation for Pretorius’ death. Her evidence was that investigators had been told the report may have been one of the reasons he took his own life.
She also believed that Eksteen, who was Pretorius’ former partner and a former SAPS Flying Squad sergeant, might have shown him the report or informed him about its contents.
The court heard that Pretorius was another person of interest in the Mbense investigation. Masuku said IPID officials attended the scene after he died because he was a suspect in their matter, even though the death itself was being handled as an SAPS scene.
“After he had shot himself, we were immediately informed. It was an SAPS scene because he had shot himself; it’s not our case. But we were there because he was our suspect in our matter.”
What Happened To Emmanuel Mbense?
The case follows a robbery at the Schneider Electric warehouse on 9 March 2022. Armed men allegedly held security guards at gunpoint and stole a large amount of copper using two trucks and a bakkie.
The State alleges that on 14 April 2022, Janse van Rensburg told other accused people that he had information that Mbense owned one of the trucks used in the warehouse robbery.
According to the State’s case, a group of about 13 people then went to Mbense’s home. The group allegedly included members of the SAPS, EMPD officers and private security personnel.
The State alleges that Mbense was found resting at home before the property was searched. He was allegedly assaulted and tortured while being questioned about the stolen copper.
The charge sheet further alleges that the attackers ignored Mbense’s pleas to take R500 000 that he allegedly had in his possession. After he died, Mkhwanazi allegedly suggested that the body be taken to a nearby dam.
Mbense’s body was later discovered in Spaarwater Dam in Duduza, near Nigel, by a fisherman who alerted the police.
The court has also heard evidence linked to Marius van der Merwe, who was known as Witness D at the Madlanga Commission. Van der Merwe allegedly told investigators that Pretorius was among the people present at Mbense’s home during the attack.
Van der Merwe was shot dead outside his Brakpan home in December 2025, weeks after he testified at the commission. His evidence has since become part of the broader investigation into Mbense’s death and the alleged cover-up.
Concerns Over Police Dockets
Masuku also raised concerns about claims allegedly made by Mkhwanazi in his affidavit. The suspended EMPD official reportedly suggested that Jaco Hanekom may have been targeted and killed by criminals because he was a known police informant.
He also allegedly claimed that Raymond Mzwakhe Khoza was killed after looking into an incident at a drug den in Tsakane, where he lived.
Masuku said even the investigating officers had not reached those conclusions. She told the court that the cases were still under investigation, making it worrying that an EMPD member appeared to have information from SAPS case dockets.
She explained that officers could not simply access case dockets without following the required process. Even she, as an IPID investigator, needed permission before viewing material connected to cases she was not investigating.
“I must have a proper request from the provincial commissioner, [Major] General [Mbuso] Khumalo. Then General Khumalo must allow me to say you can have access to these copies of the case docket.”
“That is how I got access to the case of Hanekom as well as the case of Khoza. I couldn’t just get it because I’m not the investigating officer of those matters. It’s SAPS.”
Masuku said this was why she found it concerning that an EMPD officer appeared to have information about those matters.
Bail Hearing Continues
The six accused remain in court as the State continues to oppose their release on bail. The State’s evidence is expected to be challenged by the defence as the hearing moves forward.
The defence has already questioned statements made by the late Van der Merwe and raised concerns about differences between statements linked to the case. Lawyers are also expected to test the State’s claims about what each accused allegedly did during the events at Mbense’s home.
The court must consider the State’s case, the alleged evidence against each accused and whether the accused should be released while the criminal proceedings continue.
The bail hearing remains ongoing. No final findings have been made about the guilt of Mkhwanazi or any of his co-accused, and the allegations will ultimately have to be tested through a criminal trial.
For now, Masuku’s evidence has placed the alleged DNA link, Pretorius’ death and access to police case material at the centre of the proceedings. The court is expected to hear more evidence before deciding whether the accused should be released on bail.
