Cape Town – Public Protector Thuli Madonsela and MPs mended fences on Wednesday after months of tension.

Madonsela apologised to Parliament for showing frustration in a recent, heated exchange with members of the justice portfolio committee about the mandate of her office and the extent of its independence.

In turn, committee chairperson, ANC MP Luwellyn Landers, apologised for doing the same in the 3 May meeting where Madonsela briefed the committee on her office’s budget and strategic plan.

“While I do not regret what I said, I do regret how I said some of the things. In retrospect, that is not the way an ombudsman should conduct himself or herself. I should have requested a proper parliamentary debate on matters in which I had a different view,” Madonsela said.

She spoke during a workshop with Parliament’s ethics committee, and called her remark an unconditional apology to all of the legislature.

Landers said he subsequently met Madonsela in his office.

“We met for a cordial chat in my office and I, in turn, apologised for my outburst on that fateful day,” he told Sapa.

Madonsela ‘insulted’

In the committee meeting last month, Madonsela became exasperated after MPs from the ANC and the DA questioned her decision to take on certain cases, and asserted: “I’m insulated on decisional independence.”

ANC MP John Jeffery took issue with her investigation into a complaint by former National Consumer Commission member Mamodupi Mohlala-Mulaudzi against trade and industry department director general Lionel October, which he believed belonged in the labour court.

Madonsela found that October had abused his power by interfering in the commission’s human resources operation.

The DA demanded faster feedback on two complaints the party had brought to her office, and criticised her findings on reparations by the Truth and Reconciliation Commission (TRC) as “nonsense”.

Madonsela invoked not only the law, but UN guidelines on the powers of ombudsmen to defend her stance.

“Not even Parliament can tell you investigate this case or don’t investigate that case,” she said.

Landers objected when Madonsela went on to suggest that a workshop be held to brief MPs about international norms in this regard.

He said a debate on the exact meaning of section 181 of the Constitution – which holds her office accountable to the National Assembly – was in order, but outside elucidation was not.

Madonsela had asked MPs to support her request for a R100m budget increase as corruption had reached “stratospheric” proportions.

Apology

In a television interview later last month, Madonsela reiterated her organisational independence and said she was protected from “contemptuous pronouncements”.

“It’s improper to ambush the public protector. That case was outside the year under review,” she said, referring to the ANC’s objection to the labour matter investigation.

DA MP Dene Smuts said it did not appear that Madonsela’s apology on Wednesday was unconditional.

If the Public Protector failed to accept her accountability to the National Assembly as set out in the Constitution and Public Protector Act, “then I’m afraid we need further discussion”, she said.

Jeffery has repeatedly said he wished to debunk a perception that the portfolio committee was persecuting Madonsela.

“If we are critical, it does not mean we are out to get her, to roast her, to remove her or anything like that.”

Yet, tension was already evident last year when ANC members on the justice committee suggested Madonsela’s salary was excessive.

It is on par with that of provincial premiers and senior judges.

They proposed capping the salary for the position, then retreated.

– SAPA

Johannesburg – A deadline has been set for the National Prosecuting Authority (NPA) to decide whether to reinstate prosecutor Glynnis Breytenbach, her lawyer said on Wednesday.

The NPA had until 16:30 on Thursday to make a decision, said lawyer Gerhard Wagenaar.

“We had a meeting this afternoon to discuss her return to work,” he said.

Wagenaar said the NPA was still considering whether it would allow her return, and if so, when. It was also deciding whether to redeploy her.

NPA spokesperson Nomilo Mpondo said she was unable to comment as she did not have all the information.

“We are of the view in law that she is entitled to return,” said Wagenaar.

He said Breytenbach was entitled to return immediately, and to the position she occupied prior to being suspended.

“We indicated she wished to return immediately,” he said.

Wagenaar said if the NPA decided against reinstating Breytenbach, an option would be to approach the courts.

Not guilty

On 27 May, Breytenbach was found not guilty on 15 counts by a disciplinary hearing which sat at the NPA’s head office in Pretoria.

A core charge against the anti-graft prosecutor was failing to act impartially when investigating the Kumba Iron Ore/Sishen and Imperial Crown Trading mining rights issue, because of “improper relations” with Sishen’s lawyer Mike Hellens.

Breytenbach was also found not guilty on any of the alternative charges.

The following day, the NPA announced it would bring a court challenge against the disciplinary hearing’s ruling.

At the time, Mpondo described the findings as “factually incorrect and legally unsustainable”.

Breytenbach was suspended from the NPA on 30 April last year.

– SAPA

Johannesburg – An environment official was told that the money a Stellenbosch property developer gave him was not a bribe, but a token of goodwill, a Cape Town court heard on Wednesday.

Luxolo Kula was testifying in the trial of Asrin Properties’ director Shiraz Hassan in the Bellville Specialised Commercial Crime Court.

He told the court Hassan gave him the money during a meeting at a Cape Town coffee shop last April.

“I immediately informed Hassan that I could not accept it,” he said.

“[Hassan] insisted that I keep it and urged me to consider it a token of goodwill, and not as a bribe.”

Hassan has pleaded not guilty to a charge of corruption.

Kula told the court Asrin Properties was busy with a development outside Stellenbosch. Asrin had taken over the project from another developer.

He said the processing of an application filed by Hassan to amend the original environmental authorisation was delayed because it went to the wrong section in the department as a result of an incorrect signature.

Kula was appointed as case officer responsible for resolving the problem.

At the coffee shop, Hassan complained about the delay and allegedly told Kula he would look after him if he expedited the matter. Kula said he ignored the remark.

However, as he was gathering his papers and files afterwards, he found a small transparent bag of money containing R500 in R100 notes.

At Hassan’s insistence, he took the money, but reported the incident to his supervisor, who was shocked, and went to one of the department’s directors. The director called the police and photocopied the banknotes. Kula made an affidavit about what had happened.

Asked by prosecutor Xolile Jonas what he thought when he was given the money, Kula answered: “I considered it inappropriate and said I could not accept it.”

Asked what his reaction would be if Hassan denied the incident, Kula said: “When I lifted the files to leave, and saw the plastic container with money in it, I said I could not take money and he said I must not take it as a bribe, but as his gesture of goodwill.”

The case continues on 4 October.

– SAPA

A man is found guilty of sprinkling his pubic hair on a lamb bhuna in an attempt to get out of paying a £40 bill.
A fraudster who tried to get a free meal in a curry house by putting pubic hair on the remains of his lamb bhuna has been given a prison sentence.

Lee Tyers, 40, was caught on CCTV putting his hands down the front of his trousers as he sat in the Jamal Indian restaurant in Middlesbrough town centre.

He then told waiting staff that he had found the hair in his food, in an attempt to get out of paying the £39.55 bill.
For more http://www.skynews.co.uk

Johannesburg – The Farlam Commission of Inquiry into the unrest at Marikana will finish its work by the end of October, it said on Wednesday.

“There will be no more extensions… We wrap up the commission’s work in October,” spokesperson Tshepo Mahlangu said.

“Work was supposed to be initially completed in January this year, and that deadline was extended to May,” said Mahlangu.

President Jacob Zuma granted another extension last month.

The commission is sitting in Centurion, Pretoria, where it moved from the Rustenburg civic centre, in North West, last week.

It is chaired by retired Judge Ian Farlam.

It is investigating the circumstances surrounding the deaths of 44 people during unrest near Lonmin’s platinum mine in Marikana last year.

On 16 August, police shot dead 34 miners.

In the preceding week, 10 people, including two police officers and two security guards, were killed.

– SAPA

Johannesburg – Racism is rife at schools across the Free State and requires an investigation, the SA Democratic Teachers’ Union (Sadtu) said on Wednesday.

“We call on the department of education to investigate acts of racism beyond the issue of Wilgehof Primary School, as these practices are still rife in most of the schools in the province,” Sadtu Free State said in a statement.

The SA Human Rights Commission (SAHRC) said on Tuesday it would investigate allegations of racism at the school, in Bloemfontein.

It said there were complaints that some of the children at the school had been called kaffirs.

The old South African flag had reportedly been put up on a classroom wall, as had a picture of expelled ANCYL president Julius Malema alongside that of a monkey.

The SAHRC conducted an on-site inspection of the school after a white pupil’s parent laid a complaint.

Sadtu said it had previously complained to the department about alleged racism at the school.

“We have on numerous occasions called for the full investigation of allegations of racism at this school, but the department has always opted for defensive tactics claiming that the concerns and complaints raised by our members are baseless and unfounded,” it said.

Sadtu said the alleged racism undermined the dignity of black people.

“The conduct at this school is not just undermining the principles of a democratic non-racial South Africa, but is a clear disregard of the dignity of the black people when they are associated with baboons,” it said.

– SAPA

Krugersdorp – A man has been arrested for raping a 24-year-old woman in Kagiso, near Krugersdorp, police said on Wednesday.

Warrant Officer Solomon Sibiya said the victim identified the man and he was arrested on Tuesday morning.

“He has been in hiding until yesterday (Tuesday) when he was spotted hanging out at the shops.”

The woman and a friend were walking along Thulami Street shortly after 1am on Sunday when a man approached them.

“The suspect allegedly held the two women at knifepoint and further put the knife to the complainant’s neck,” said Sibiya.

One woman managed to escape, but the man forced the other woman to a house, where he raped her.

The 27-year-old would appear in the Kagiso Magistrate’s Court on Thursday. – Sapa

Polokwane – A bail application by five Limpopo policemen accused of beating to death a Nigerian man was postponed by the Polokwane Magistrate’s Court on Wednesday.

Independent Police Investigative Directorate (Ipid) spokesman Moses Dlamini said it would resume on Thursday.

One of the policemen, Clement Tsotsane, was denied bail on Tuesday.

On Wednesday, he appeared with the other four, Lieutenant Boitumelo Ramahlala, 32, and constables Mashiba Mothata, 30, Collins Sekwadi, 38, and Thabo Mabotja, 31.

They are accused of assaulting Onyechiabi Iwuaka while he was visiting a friend last month. His friend escaped the assault. Iwuaka died on the way to the Polokwane police station.

Ipid said the policemen had gone to the friend’s house during an investigating into a case of armed robbery in Mokopane. – Sapa

Bloemfontein – A Bloemfontein man was jailed for 21 years by the Free State High Court on Wednesday, for killing his pregnant girlfriend.

Quewin Coetzee, 31, was found guilty of murdering Celeste Fraser-Carson, 28, last February, National Prosecuting Authority (NPA) spokeswoman Phaladi Shuping said.

He buried her body in a shallow grave near Naval Hill, in Bloemfontein.

“The body was in such a state of decomposition that the cause of death could not be established. The mother of the deceased could only identify her through her underwear and bra,” Shuping said.

Coetzee told the court he went to Naval Hill with Fraser-Carson for an outing. They got into an argument and he gave her coffee containing 24 sleeping tablets.

Fraser-Carson lost consciousness and would not wake up when Coetzee tried to rouse her.

“He got frightened and put her body in the boot of the car,” Shuping said.

He then stripped Fraser-Carson down to her underwear and buried her. Using her cellphone, he texted her mother that she was fine and with a friend, Shuping said.

Coetzee escaped police custody twice before his trial. On March 1 last year he escaped while being taken to show the police where he had left the body.

He was arrested days later in Graaff Reinet, in the Eastern Cape, and was taken to Grootvlei prison in Bloemfontein.

Later that month, Coetzee paid a lawyer R4000 to prepare paperwork which stated that he had been granted bail. He was allowed to leave on the assumption bail had been granted, Shuping said. – Sapa