A Nort West community wanting to break away from its traditional leaders, was on Thursday given permission to hold meetings that could possibly lead to the unseating of their leader.

The Constitutional Court on Thursday set aside an interdict granted against Mmuthi Pilane and Ramoshibudu Dintwe by the North West High Court, which prohibited them from holding community meetings without its permission. The two men had applied for leave to appeal against the interdict.

The case arises from a dispute between the community of Motlhabe village and the Traditional council of the Bakgatla-Ba-Kgafela, an organisation that rules over 32 villages in the North West. Pilane and Dintwe, representing the Motlhabe residents had expressed dissatisfaction with the council’s administration and leadership. They were appointed a community headman and called themselves Bakgatla-Ba-Kautlwale.

In 2010, they called a community meeting where a discussion on removing their chief John Pilane would take place.

However, the council took the matter to court and interdicted them from calling or holding the meeting, arguing that the two had no authority to do so and asked that they refrain from using the Bakgatla-Ba-Kautlwale title as they were not royals.

In the ConCourt judgment delivered yesterday, Justice Thembile Skweyiya found that the high court had erred in granting the interdict because the two titles were different.

“The interdict effectively prevents the applicants from using terminology that is descriptive of their identity as a people. “It appears that the names ‘Bakgatla-Ba-Kautlwale’ and ‘Bakgatla-Ba-Motlhabe’ in themselves are not necessarily synonymous with a form of authority nor, on the applicants’ version, do they purport to be.

“Rather, they appear to be signifiers of the applicants’ ancestral lineage and their place of settlement,” he said.

The land ruled upon by the council included various mining areas and the holiday destination Sun City.

Although Mmuthi Pilane and John Pilane are brothers, there is a dispute between them over who is the rightful chief.

“I have taken notice of the fact that numerous matters of a similar nature involving the respondents have appeared before the courts.

“Resolving the present matter is also in the interests of justice as it will provide clarity on the rights of people living in the Traditional Community and in traditional communities more generally. I consider there to be prospects of success. For these reasons, I am of the view that it is in the interests of justice to grant leave to appeal,” said the judge.

Eight ConCourt judges supported Skweyiya while the chief justice Mogoeng Mogoeng and justice Bess Nkabinde wrote a dissent saying they would have come to a different conclusion.

For more details go to http://www.thenewage.co.za

South Africans will have to dig deeper when paying for electricity over the next five years with the National Energy Regulator of South Africa on Thursday approving an 8% annual increase.

Nersa’s decision will be implemented on April 1 and end on March 31, 2018.

The increase is half of what Eskom requested. Cecilia Khuzwayo, Nersa chairperson, said electricity would increase from 65.51c/Kwh in 2013-14 to 89.13c/Kwh in 2018.

“Eskom’s application was received and considered against the backdrop of the global economic recession.”

Khuzwayo said the sustainability of the electricity industry, the security of supply, affordability and accessibility were key considerations in making such decisions.

Numsa spokesperson Castro Ngobese welcomed the decision: “It is not far from our demand that there be an inflation-related increase. Nersa clearly considered the views of society on this issue.”

Eskom said it was going to study the decision in detail to assess its impact.

Eskom said the 8% average annual increase allowed for revenue of R906.6bn over five years.

This means the utility is set to be under budget by R1.5bn. This could have a negative effect on its infrastructure development programme. The South African Chamber of Commerce and Industry said Nersa made a decision sensitive to the economic circumstances. The capacity of businesses to absorb costs has diminished, said CEO Neran Rau.

“Electricity pricing is also a key indicator of competitiveness and a factor in foreign direct investment. A lower tariff is therefore beneficial to both,” Rau said.

Manufacturing Circle executive director Coenrade Bezuidenhout said, though, the high electricity tariffs charged by municipalities remained a concern.

Business Unity South Africa’s policy advisor Raymond Parsons welcomed the decision.

Cope MP Kennett Sinclair said: “Nersa gave proper consideration to the global economic recession as well as the sluggishness of our economy.”

Past increases

» Increases of 5.1%, 5.9% and 6.2% from 2006 – 2009

» 18.7% (14.2% approved), 60% (27.5% approved), 34% (31.3% approved)

»Between 2010-11 and 2012-13, Eskom applied for a 35% increase, Nersa granted 24.8%, 25.8% and 25.9%

» Average price will increase from 65.51c/Kwh in 2013 to 89.13c/Kwh in 2018

For more details go to http://www.thenewage.co.za

Olympic silver medallist Caster Semenya said she would not be distracted by rumours that she had fallen pregnant.

The rumours have circulated on various social networks this week.

Semenya, who won gold at the 2009 World Championships, would dearly love to secure that title again this season.

“I heard of that (the rumours), I am not fazed by such allegations, like I said I am focused on the championships (14th IAAF World Championships in Russia), people can say what they want,” Semenya told the Sowetan on Wednesday.

The World Championships take place in Moscow between August 10-18 and Semenya’s preparations are going well.

“As a 800m runner the most important thing is speed and that’s what my coach (Maria Mutola) and I have been really working on,” said the South African athlete.

This comes after she had to settle for a silver medal at the 2012 Olympic Games in London.

“I will be focusing only on the 800m event; not more or less as many thought.” Added Semenya.

Naturally, expectation ahead of this year’s World Championships are particularly high, however Semenya has learnt to expect anything against a quality field.

“Just like the Orlando Pirates and Maluti FET College match; that score (4-1 in favour of Maluti) was unpredictable. So that goes to show that you never know the strength of your opponent. Anything can happen but I am working towards winning,” said a determined Semenya.

For more details go to www.howzit.msn.com

By Obakeng Maje

Springbok-Police open cases of murder after two children were allegedly shot and killed by a police. Case of murder, inquest, as well as negligent and reckless driving were opened on Thursday between 01:00 and 03:00 am. 

“It is alleged that two children, a 16-year-old Anthony Pascal Cloete and a 13-year-old Mary-Ann Justine Cloete were shot and killed at Viooltjies street in Springbok” Lieutenant Donald Mdhluli said. 

“It is alleged that Reservist Constable Phillip Collins who was on duty at the time, contacted Springbok Police and said that he just shot his two children and he was about to kill himself” police said. 

Upon arrival, police noticed the damaged SAPS vehicle next to the road and immediately drove to Collins girlfriend’s house. 

Police found a 49 year-old Phillip Collins lying on the ground with the service pistol next to his body. Collins was declared dead on the scene. 

“The members proceeded to Viooltjies street where they found two children that were declared dead on the scene as well” said Mdhluli. 

Reservist Constable Phillip Collins was employed as an Admin Clerk as well as a Police Reservist in the South African Police Service. 

At this stage the motive for the killing of the two children, as well as self is unknown. 

The investigation continues.

Cape Town – The bus driver responsible for the deaths of 23 people at the Hex River Pass told the Cape Town Regional Court he wished he had died along with his passengers.

Sisa Nonama took the stand on Wednesday to testify in mitigation of sentence after he pleaded guilty to 23 counts of culpable homicide.

Nonama said the May 5, 2010 crash adversely affected him and his family. He said he was not coping well since the crash and often found himself thinking about the fateful day.

Nonama and his brother, Malinga Nonama, the owner of the bus, were initially charged with 23 counts of murder, 53 of attempted murder, and for contravening the National Road Traffic Act, but the charges were withdrawn against Malinga Nonama when Sisa Nonama pleaded guilty to a lesser charge of culpable homicide.

(Sisa) Nonama acknowledged that 76 people were crammed into the bus, which was certified to carry 64 passengers. The crash occurred en route from Leeu Gamka to Cape Town.

“I am sorry. It would have been better if I also passed away in that accident, rather than suffering like this,” Nonama said.

During cross-examination, prosecutor Willem Tarentaal questioned Nonama on whether he thought he was suffering because he sympathised with the families of those who lost their lives, or because of his ill health.

Nonama had testified that he suffered from a life-threatening disease, as well as TB, kidney problems and shortness of breath. He also had difficulty walking “far distances”. But he reiterated that he was remorseful.

For more details go to www.iol.co.za

The Nedbank Cup Last 16 draw took place in Johannesburg today.

Johannesburg – The Independent Police Directorate (Ipid) is investigating the death of a man who, according to cellphone footage, was dragged for about 400m behind a police van.

The amateur cellphone video footage, obtained by the Daily Sun, shows SAPS members handcuffing the Mozambican taxi driver to the back of a police van and dragging him for about 400m behind their vehicle in Daveyton, on the East Rand.

The man reportedly later died of various injuries.

“We are still interviewing the witnesses because the allegations are that he was dragged with the police vehicle,” Ipid spokesperson Moses Dlamini was quoted as saying on Wednesday.

Ipid were also attempting to locate the person who filmed the video to “authenticate the footage”, reports said.

For more details go to www.iol.co.za