Mthethwa gets Mdluli removal papers


may 11 Richard Mdluli

By SAPA

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Police Minister Nathi Mthethwa has received legal papers from Freedom Under Law (FUL) applying for the removal of Lieutenant-General Richard Mdluli from the police, his spokesman said on Wednesday.

“We can confirm that we received the court papers and that our legal team are currently studying (them),” Zweli Mnisi said.

He said that as the urgent application would be heard in the High Court in Pretoria on June 5, there was time to deliberate and decide on the way forward.

FUL, which describes itself as a “not-for-profit organisation in order to promote democracy under law”, applied for an urgent interdict on Tuesday to prevent the former crime intelligence head from serving in the police.

FUL also applied for an interdict against Mthethwa, preventing him from moving Mdluli to a new position before a review into his reinstatement could be heard.

Anti-apartheid activist and FUL member Mamphela Ramphele said in the organisation’s founding affidavit that Mthethwa suspended former police commissioners Jackie Selebi and Bheki Cele for “less serious criminal charges” than Mdluli.

“The way… Mdluli had been dealt with by the respondents reflects an extraordinary degree of a lack of accountability and a breach of a culture of justification,” said Ramphele.

She said Mdluli’s letter, which detailed a conspiracy against him, had generated mistrust and instability in the police.

The letter, written by Mdluli in November, was addressed to President Jacob Zuma, Mthethwa and acting national police commissioner Nhlanhla Mkhwanazi.

In it, Mdluli reportedly wrote that Cele, Hawks head Lieutenant-General Anwa Dramat, operational services head Lieutenant-General Godfrey Lebeya and Gauteng police commissioner Lieutenant-General Mzwandile Petros, were ganging up against him.

Ramphele said the task team, appointed by Mthethwa to investigate the allegations in the letter, would not resolve the problem caused by Mdluli’s reinstatement.

On Friday, the presidency denied ever having received such a letter from Mdluli.

Said Ramphele: “By his conduct, the minister accepted that there was a need to act, but has not initiated suspension proceedings, or any other measure which would remove… Mdluli from active daily service in SAPS.”

Mthethwa announced on May 9 that Mdluli would be shifted from his position to another division in the police.

Last year, Mdluli faced fraud and corruption charges relating to alleged misuse of a crime intelligence fund, the purchase of luxury vehicles and the hiring of family members. He also faced a murder charge following the murder of a former lover’s boyfriend, Oupa Ramogibe.

Both sets of charges were withdrawn and Mdluli was reinstated as head of crime intelligence.

The murder investigation became an inquest.

In the meantime, Mthethwa appointed a task team led by chief state law adviser Enver Daniels to investigate the claims made in the letter. It would consist of Lieutenant-General Abel Mxolisi Shilubane from the defence force, Stan Noosi from state security and SAPS head of legal services Lieutenant-General Julius Molefe. – Sapa

Rapists target mentally-ill children


child rape victim

By POLOKO TAU

The Department of Women, Children and People with Disabilities has acknowledged a “horrific spate” of persistent sexual abuse of children with intellectual disabilities.

Although they could not quantify the incidents, the department said the abuse often went un-reported, adding that even when victims spoke out they were unlikely to be taken seriously.

Department spokesman Tanana Monama said: “We’ve heard from many women with disabilities and parents of children with disabilities that often when they relate personal experiences or report violence or abuse, they are often not believed or even turned away because of the difficulty in communications.”

“We believe that our criminal justice needs to be capacitated to ensure that it is able to handle cases of people with disabilities more effectively.”

Two recent incidents, involving two mentally disabled children who were sexually abused in Soweto, brought the plight of disabled children to the forefront.

Recently, a teenage girl from Bramfischerville, Soweto, was gang-raped and the incident captured on video.

Days later a woman and a girl were arrested for the rape of a 17-year-old mentally challenged boy.

Among those who called for harsher sentences for such abusers was the chairman of the portfolio committee on social development, Yolanda Botha.

She welcomed life imprisonment for a man who sodomised his mentally disabled friend in Limpopo.

“Handing down harsher sentences for these crimes will certainly warn others out there who might have the same intentions of taking advantage of the disabled.

“They would see that the law doesn’t play; it takes these crimes seriously and deals with them decisively,” Botha said.

Tshwaraganang Legal Advocacy Centre executive director Lisa Vetten said intellectually disabled children are being targeted by rapists because they may not be believed or are seen to be weak witnesses in court.

“Intellectually disabled rape victims should be prepared for court so that they can also see justice,” Vetten said.

She said their mental functioning would need to be assessed so it could be determined how much help they’d need in court.

“Cape Mental Health is so far the only organisation with programmes that helps intellectually disabled victims in preparing them for court.”

Vetten said she was baffled by a North West court decision in which an alleged rapist was freed on bail for allegedly sexually abusing a 10-year-old epileptic girl, who is also his neighbour.

The girl’s family claimed the suspect has previous convictions for murder and rape.

Vetten said: “Prosecutors need to explain why he was granted bail – lessons should be taken from the case of Mamokgethi Malebane.”

Seven-year-old Mamokgethi from Katlehong in the East Rand was throttled to death and buried in a shallow grave by her neighbour, Daniel Mabote, 31, in 1997. When he committed the murder Mabote had been on bail on a charge of raping Mamokgethi.

“Unfortunately, the police and courts are not learning from such incidents where a suspect was released on bail without considering others’ safety.

“In cases where such people commit other offences while out on bail, then the state would have failed to protect,” Vetten said.

A legal expert at the Commission for Gender Equality, Victor Mavhidula, said there were a number of possibilities that often led to bail being granted to suspects in rape cases of disabled children.

“It depends on whether the prosecutor and police opposed bail and on what grounds.

“If the suspect has previous convictions of rape I don’t know how he could have been granted bail, when this carries so much weight in opposing bail, unless police did not bring this information to the court’s attention.

“The public’s interest, including how the community and the family feels about the suspect being freed on bail, should also be considered.

“If the suspect lives in the same neighbourhood as the victim then it goes without saying that his release won’t be good for the victim, who may even be afraid to go to court at a later stage.”

Mavhidula said another possibility may have been there was not enough evidence against the suspect, but said it was “wrong he was granted bail and no one bothered to inform the family”.

Lizel van Eeden, from Maatla a Bana, an anti-child abuse organisation, said investigating sexual crime cases needed the police and courts to rely on other evidence.

“These child victims may often not be excellent witnesses but medical evidence is very important.

“A professional witness can also be brought in to testify on the child’s behalf, particularly on the health or psychological impact the incident has had on the victim,” Van Eeden said.

“Police are also expected to oppose bail citing tangible evidence against the suspect.

“These are specialised cases that need specialists’ involvement in working towards a conviction and investigating officers also need to go the extra mile to ensure this,” Van Eeden said.

The Star Africa

Igesund, Mathebula confident ahead of ‘super’ Saturday


Gordon Igesund, the Moroka Swallows, kicked off the war of wars as the Birds approach the most sensitive stage of flirting with fate in the Absa Premiership.

Today, Igesund turned the offensive charm as he faced members of the media as part of the build-up to a must-win Absa Premiership encounter against Maritzburg United at the Harry Gwala Stadium.

Swallows and rivals, Orlando Pirates are the only contenders left for the Absa Premiership contenders. The Dube Birds trail Pirates by two points. The maths is simple: they must win and hope Pirates lose or draw at the Moses Mabhida against Golden Arrows.

It is a situation that doesn’t need a rocket scientist to work out and, Igesund is aware of this.

“Personally, there’s a lot more pressure on Pirates. Everybody expects Pirates to win the league. They’ve got the best team in the league. We’re just happy to be where we are, to be able to go out and maybe snatch it from them,” the Swallows coach said.

“We are very proud to be in contention to win the ABSA Premiership, because at the end of the day our hard work and dedication has final paid off.

“There is a mixture of young and experienced players in our team and we haven’t signed any big name players, but we are successfully second on the log. If you looked at us last season we were battling in the relegation zone and collected a sterling 30 points in the second half of last season and we survived. So to be honest this season was more of a continuation from last season so I am very proud of my boys.”

Igesund said he expects Arrows to do Pirates no favour. He is relying on Arrows to pull an upset against the Bucs.

“As a coach it is my duty to know what is the score in the other game and I know Mushin (Ertugral) is a very experience coach and is not going to hand over the game to Pirates on a silver platter.”

On-form Moroka Swallows player David Mathebula there is belief in the Birds team that they can go all the way on Saturday.

“We have to have faith in ourselves, because playing against Maritzburg United on their home ground is never going to be easy.

“We have to go all out to collect the three points which means we have to go for broke. Personally this has been my best season as I have started in 90% of the games this season where by the other past seasons I didn’t feature much.

“I have scored the most goals in a season with 10 goals and have been nominated for player and players of the season which is a huge motivation for me and I must say I am under the guidance of a very experience coach who has helped me become who I am today.

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Gaxa joins Chiefs


Kaizer Chiefs have confirmed the signing of Bafana Bafana international Siboniso Gaxa from Belgium’s Lierse SK. 

KickOff.com broke the news two weeks ago that Amakhosi were interesting in the 28-year-old defender, and he was released by Lierse a few days later.

Gaxa has signed a three-year contract with the option to renew for one year. He is the first of the 10 players club boss Kaizer Motaung suggested he will invest in ahead of next season. 

SABC commit to Bafana


After years of abuse from fans, the South African Broadcasting Corporation (SABC) on Tuesday finally showed its commitment to our soccer. 

The SABC have guaranteed coverage of Bafana Bafana, the national Under-23s and Banyana Banyana for the next three years, hopefully bringing to an end some of the debacles around ‘delayed live’ and sometimes ‘not broadcast at all’ national team matches.

Don’t miss: SABC gives fans the middle finger

Said SABC group chief executive Lulama Mokhobo: “The days of blackouts are over. Not even a tsunami will move it.” –Kickoff.com

Modisane: Pirates fans will not be disappointed


Orlando Pirates have promised not to shatter the hopes of their legion of supporters in their League title-deciding match against Golden Arrows on Saturday at Moses Mabhida Stadium.   

With just two points separating the Bucs and second placed Moroka Swallows (who will be in action against Maritzburg United at Harry Gwala Stadium), the defending champions have their own destiny in their hands.
 
A clear victory over Arrows will see Pirates clinching their fourth League title in the modern era of the PSL. A win will also hand them the right to have another crack at the African Champions League trophy next year.
 
Pirates spokesperson Mickey Modisane is confident the team will successfully complete the defence of their title against Arrows.

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“Our fans will not be disappointed,” Modisane says in a chat with KickOff.com.
 
“Durban is a home away from home and fans should come in their numbers to see us romping to victory. We are aware that there are a lot of high expectations but the supporters will not be disappointed,” Modisane says.
 
“The mood is very high, all the players are fully focused and have been showing good signs during training,” adds the Pirates spokesperson.
 
He dispelled fears that the Bucs would be affected by the sudden departure of Portuguese winger Louis Boa Morte, who was released from the club by management.
 
“These things happen in football, it is part of the game. It has not affected the preparations of the team in any way,” said the Bucs spokesperson.- Farirayi Kahwemba

Sexual Offences Act needs to be amended


Abuse

BY Stephen Grootes

JOHANNESBURG – Chairman of Parliament’s Justice Committee Luwellyn Landers said the committee is drawing up its own draft bill to fix problems with the Sexual Offences Act.

On Friday the Western Cape High Court made a ruling which could see some people convicted under the act, go free.

The judgment said the perpetrators arrested for certain offences in the act cannot be formally charged because legislators omitted to prescribe sentences for the offences.

The problems with the current legislation has led to calls for the law to be amended.

“The law allows the committee to table a bill and then effectively it short-circuits the normal processes that bills follow,” said Landers.

He confirmed they want to speed up the process.

“Because the court has pointed out the anomaly in the act, we can very quickly draw up a bill that fixes that anomaly,” he added.

The ruling particularly relates to sexual crimes against children and the mentally handicapped.

Under the act, offenders may not be charged for include sexual assault, compelled sexual assault, consensual sexual acts with children, sexual exploitation and sexual grooming of children, as well as sexual offences against mentally disabled people.

(Edited by Clare Matthes)

Cosatu defends its members’ behaviour


Democratic Alliance members en route to Cosatu House

Andrea van Wyk 

JOHANNESBURG – The Congress of South African Trade Unions (Cosatu) defended its members’ hostility on Wednesday when what was meant to be a peaceful demonstration by the Democratic Alliance (DA) turned violent.

The DA was protesting the union federation’s opposition to the youth wage subsidy and had planned its march to Cosatu’s headquarters in Braamfontein.

The march started calmly, but as the crowd of about 2,000 demonstrators neared the Johannesburg Theatre, they were confronted by angry union members resulting in clashes between the two groups.

As DA members neared the Johannesburg Theater on Jorrison Street, Cosatu members started throwing stones, while also launching insults at the oncoming crowd. 

While Cosatu did not support the violent outbreak, the trade union federation insisted that most of its members had behaved well and the hostility by a handful of union members was justified.

Several DA members were injured and a Mail & Guardian journalist was wounded when a rock hit him on the head.

“There were lots of people in the DA camp that pelted stones at the Cosatu members,” said Cosatu’s Zwelinzima Vavi.

“We feel that the actions that took place were completely undemocratic and despicable at the highest level,” responded the DA’s Mmusi Maimane.  

Cosatu claimed some of its members were also injured when DA members retaliated.

Despite the mayhem on Tuesday the DA still wants to meet with Cosatu to hand over its memorandum.

(Edited by Clare Matthes)

Child forced to go through hell again


Rustenburg rapedgirl603

By POLOKO TAU

Ten-year-old Tsholofelo* drew up a sketch. One human figure with long hair represents herself and the other bigger person in the picture, her alleged rapist.

She wrote next to it in Setswana: “He then took me to his bedroom, undressed me and turned on the television showing me how people did nasty things like he was doing.”

Tsholofelo’s writing is legible for a young girl who had not completed her third grade due to epilepsy, and who needed specialised care that saw her dropping out of school.

Her visibly distraught mother Noni* took Tsholofelo’s tiny hand, placed it between her own hands and began rubbing it in a comforting way.

“This child has been through hell and needs all the support she can get,” Noni said. “She was raped by a neighbour who is known to her, hence she went over when he called her, because she trusted him. We then placed our hope in the court to take that dangerous man out of the society but he was released on bail and is back to haunt and traumatise (Tsholofelo).”

Noni claimed the same man “had raped a young girl before and it was baffling how the court had decided to grant him bail and let him loose in society when he had proved that he had not been rehabilitated”.

Noni said her daughter was raped on New Year’s Day. The man lives diagonally opposite their home in the next street in Tlhabane township outside Rustenburg, North West.

She said the alleged rapist was released from prison late last year after serving time for murder and rape.

Recollecting the New Year’s Day events, Noni said Tsholofelo left home and was on her way to a house her mother had visited around the corner.

“When she arrived she had a handful of coins which she later told me were given to her by (her alleged rapist) after doing nasty things to her.

“She was threatened by the same man not to tell anyone about what had happened,” she said.

“(Tsholofelo) said she was made to watch pornography, had her private parts wiped with a wet hand-towel before and after she was raped.”

A case of rape was opened and the suspect arrested the same day, but Noni said she was surprised when she saw him walking the streets, sparking fear in her and Tsholofelo.

“The thing is, (Tsholofelo) was raped by another man about four years ago. The case never went anywhere because he was not from the neighbourhood. He vanished and was never found by the police,” Noni said.

“The first incident affected her a lot and this second one is being worsened by the fact that she often sees the man walking past out house. When she sees him she runs back into the house and hides behind me.”

Noni said the man was known as a dangerous person and the community was not happy that he was out on bail. “We all are disappointed in the court and feel let down by the law for releasing him on bail,” she said.

“I have tried to raise my concerns with social workers but they can’t over-rule a court decision. I feel helpless and it hurts a lot looking at the enormous trauma that my young girl is forced to go through.”

Noni said before the incident Tsholofelo was a “bubbly child” who normally went out to play with her peers, but things had changed dramatically.

“Now she beats other children when they come to the house. She wants to be around me at all times and can’t leave the house without me,” she said.

“She now hates all men and openly expresses her hatred against (her alleged rapist) and how he had done painful and nasty things to her. We will only feel safe once this man is back behind bars, but now we’re in the dark and the police are not updating me on the case. I don’t even know when (the suspect) is due to appear in court or when and how he was granted bail.”

A neighbour, who asked not to be named, said children in the neighbourhood were suddenly afraid of the alleged rapist and afraid to pass by his house after the incident.

“Everyone is against his release. Our children are obviously not safe with him out there and the rape of young children is becoming a trend in our townships, yet nothing much is being done to address it,” she said.

 

“People take advantage of children, but the police, government and courts are not helping, and are instead favouring rapists over helpless children.”

Mirriam Willimse, ward councillor in Tlhabane, said people like the alleged rapist did “not belong to the society”.

“Police and courts should bear the blame for letting him out on bail but we’ll stand up and support the young girl and her family. Pressure should be put on courts to lock up rapists, especially those who rape young, disabled children,” she said.

North West prosecutions spokesman Frank Lesenyego said the suspect was granted bail on his third appearance on January 18 after an investigating officer failed to attend court proceedings on two occasions, citing ill health.

“(Accused’s defence) successfully opposed state application for further remand and proceeded with application for bail by handing in affidavits showing exceptional circumstances justifying the accused’s release on bail,” Lesenyego said.

He said the suspect’s bail was fixed at R2 000 and he was warned not to interfere or threaten identified state witnesses.

The Star Africa

DA to lay charges after protest violence


da vs cosatu hurt

Johannesburg – The DA plans to lay charges against Cosatu after its march in Johannesburg on Tuesday turned violent. 

Several DA supporters were injured when rocks and pieces of cement were thrown at them, and police used teargas and water cannons to disperse Cosatu members who had stopped DA members from protesting over the government’s youth wage subsidy outside Cosatu’s headquarters, according to reports. 

DA leader Helen Zille said the violence was “absolutely deplorable”. 

“I think we were on Jorissen (Street) when I saw the first rock hailing down on us, huge rocks came at us. It was completely uncalled for. We were peaceful, and when Cosatu threw rock at us, we told our supporters not to retaliate.” 

Zille slammed Cosatu for being “very selective” about constitutional rights, saying it would not tolerate anybody else doing what it claims it has the right to do every day. 

“We will definitely lay charges, and continue to protest as we see fit, and not as Cosatu sees fit. We had the legal march. They had the illegal march,” Zille told the Cape Argus. 

Meanwhile, Cosatu has defended the hostility displayed by some of its members during the DA march. 

“DA policies… will create no new jobs… and [will] lead to the impoverishment and enslavement of workers and [an] economic meltdown for South Africa,” spokesperson Patrick Craven said in a statement.

“That is why workers are so hostile towards [DA leader] Helen Zille‘s party and want to express their justified anger, most especially when there are confronted on the street outside their federation’s head office,” he said.