An Ekurhuleni Metro Police Department (EMPD) officer and a businessman accused of being involved in the alleged theft of precious metals and stones worth nearly R15 million will remain behind bars after their case was postponed for a formal bail application.
Adrian Norman Mackenzie and Etienne van der Walt made their first appearance in the Joburg Magistrate’s Court on Monday, 6 July. The matter was postponed to 16 July, after the State indicated it would oppose bail.
The pair were arrested by the Independent Police Investigative Directorate (IPID) in connection with the alleged February 2023 theft of precious metals and stones from an apartment in Killarney, Joburg.
The case gained national attention following testimony before the Madlanga Commission of Inquiry, where allegations emerged that six people allegedly removed the valuables on behalf of a third party.
Testimony before the commission alleged the group was paid R110 000 for the operation. One suspect has since died, while IPID has indicated that two more arrests are expected.
The matter has also drawn attention because testimony before the commission implicated suspended EMPD Deputy Chief Julius Mkhwanazi, although he has not been charged in this case.
Speaking after proceedings, Mackenzie’s attorney, Crystal Keevy, said she and her client were disappointed after learning that the State would oppose bail.
“I’m going to be honest in saying that there was extreme disappointment, not only on my part, but on my client’s part. It was indeed conveyed through channels that the bail was not to be opposed, more in light of him actually handing himself over to the police on Friday.”
Keevy said while the defense respected the legal process, the decision came as a surprise.
“When it comes to a Schedule 6 offence, being the most serious of offences, then more often than not, the State does request a postponement in order to complete whatever outstanding information they require.”
She added that the defense was still waiting to hear the State’s reasons for opposing bail.
“It’s a bit difficult to anticipate at this point as to why the State is opposing bail. I think it’s indicative when one needs to hand themselves over that they don’t have the intention to run, despite my client cooperating with the police in the ongoing investigation.”
Keevy also dismissed reports that Mackenzie had been arrested.
“He subsequently went to the Benoni SAPS, handed himself over and was later detained… He handed himself over, he was not arrested.”
Van der Walt’s attorney, Peter Jay, also questioned the postponement, saying the investigation had been ongoing for years.
“We’re not impressed at all with this lengthy postponement. This investigation should have been completed a long, long time ago. Honestly speaking, I do not even know why they didn’t just summon him to appear in court.”
Jay confirmed that his client voluntarily handed himself over and intends to contest the charges.
“He’s going to plead not guilty and he’s going to challenge the State to prove the case against him.”
He said the postponement would place a heavy burden on his client and his family.
“He’s got a fiancée that is 35 weeks pregnant… Obviously his business is going to suffer apart from that,” said Jay.
Mackenzie and Van der Walt face charges of robbery with aggravating circumstances and fraud. They are expected to return to the Joburg Magistrate’s Court on 16 July for their formal bail application.
