EMPD and the missing R14m lithium

The Madlanga Commission of inquiry has heard evidence of an alleged rogue operation by Ekurhuleni Metropolitan Police Department (EMPD) officers in which lithium-bearing rocks worth about R14 million were confiscated from a Rosebank residence and later went missing in police custody.

Suspended EMPD deputy chief Julius Mkhwanazi denied being involved in the operation, which is alleged to have been carried out by EMPD officers acting outside their jurisdiction.

He told the commission under cross-examination this week that he had no knowledge of the whereabouts of the seized material. However, Mkhwanazi conceded that he was in the vicinity during the search-and-seizure operation, saying he had parked outside the property.

Mkhwanazi is accused of instructing EMPD Constable Keisha Stols and Constable Adrian McKenzie to search the home of a suspected minerals dealer.

In her affidavit to the commission, Stols said she and McKenzie were accompanied by a civilian during the February 2023 operation. She detailed how the EMPD first visited Rosebank police station and then proceeded to the flat in the area. 

“In the presence of the [suspect], [we] searched his bedroom. Inside his clothes cupboard, we found the purple rocks. We asked him what they were and he informed us that it was lithium. We asked him for his permits to be in possession of the rocks, as well as his permits to sell. The white male was unable to produce [documents],” said Stols. 

The lithium rocks subsequently went missing. McKenzie was later arrested after R40 000 worth of the metal was later found in his vehicle. 

Thulani Magagula, the assistant director of the Independent Police Investigative Directorate, said that in related civil litigation only the lithium recovered from McKenzie’s vehicle had been accounted for.

In another affidavit, Ettiene van der Waars, the civilian who accompanied Stols and McKenzie, said the lithium rocks were handed to the vehicle parked outside the residence, where an unknown JMPD officer was seated, allegedly with Mkhwanazi. 

“After a while, we left with the boxes and Constable Stols gave the male an SAPS [South African Police Service] seizure form. We met  the JMPD [Johannesburg Metropolitan Police Department] officer and Constable Stols and Constable McKenzie handed the JMPD officer the SAPS seizure form and rocks,” Van de Waars said. 

Commissioner Sandile Khumalo said the absence of a witness statement and the disappearance of the lithium created the impression that Mkhwanazi might have directed EMPD officers to carry out what amounted to an armed robbery. Mkhwanazi said the matter was under investigation. 

Under questioning from evidence leader Mahlape Sello, he conceded that the operation was not a formal joint operation. He said officers often worked beyond their jurisdictions.

“When members are operational, they tend to do work beyond but sometimes they do work with other investigation officers. I agree with you,” said Mkhwanazi.  

Sello pointed to Mkhwanazi’s contradictory statement that he was not at the scene and then later stating he was accompanying chief inspector Gerald Maseko, which made the operation questionable. Mkhwanazi has denied that he did not know the unnamed JMPD officer.  

“My concern is that in your attempt to legitimise the conduct of Stols and McKenzie, you concocted this story of a joint operation and in order to persuade the commission, you selected the one person who, unfortunately, has since passed on, therefore cannot speak for themselves. I find that truly concerning … You did so because you knew …chief inspector Maseko would not be around to contradict this story and so you could lay this at his doorstep.” 

Khumalo also pressed Mkhwanazi on what he described as a pattern of behaviour between him, Stols and McKenzie, suggesting inconsistencies in their accounts across multiple incidents, including the Rosebank case and a separate Brakpan matter.

“There’s a pattern of behaviour between you, Stols and McKenzie … that’s my observation. 

“And my question is: Why are the three of you always protecting each other? Only giving the authorities what you think they need to know and when you are confronted with evidence, only then do you give the full information.”