Durban – The Constitutional Court has ordered the Independent Electoral Commission (IEC) to postpone a by-election in the northern KwaZulu-Natal town of Vryheid.

IEC spokesperson Kate Baphela said on Tuesday that the election in Ward 22 of the Abaqulusi municipality would not go ahead on Wednesday, as originally planned.

This came barely a week after the IEC announced it had removed 1 500 voters from the voters’ roll. Baphela said the IEC was still studying the court judgment.

The postponement was the second in the ward.

An initial by-election date of 24 April was abandoned after its former African National Congress councillor Andre Lotter obtained a court order. The IEC was then ordered to investigate whether names had been fraudulently added to the voters’ roll.

Last week, IEC chair Pansy Tlakula said 1 525 people were removed from the roll and transferred back to their original wards as it could not be proved that they were ordinarily resident in Ward 22.

When the IEC published the names of 1 534 voters, urging them to make representations to the IEC, only 11 people came forward. Eight were able to persuade the IEC that they should be registered in the ward. One had since re-registered in another voting district.

The latest postponement followed another challenge by Lotter, who had claimed that the IEC had not sufficiently investigated how the extra 1 525 people came to be on the roll.

The IEC, the ANC and the Inkatha Freedom Party have until 20 August to object to the matter being submitted to the Electoral Court, for it to determine whether the IEC properly investigated Lotter’s complaint of voters’ roll fraud, and whether penalties should be applied to the political parties involved.

Anyone found guilty of forcing someone to register or persuading them to do so can face a maximum 10-year jail term if convicted by the Electoral Court.

If a political party was found to have been complicit in such a fraud, the court could fine it up to R200 000. Deregistration of the party was the top penalty.

The municipality is currently under administration. It was formerly controlled by the ANC with the help of the National Freedom Party.

Lotter’s resignation forced the by-election, leaving the ANC tied with the Inkatha Freedom Party on 16 seats each in the municipality.

The NFP has seven seats, the Democratic Alliance three and one seat is controlled by a candidate from the Owethu Residents’ Organisation.

A split within the NFP’s ranks resulted in a hung municipality, with the same number of votes in favour of the IFP and the ANC, when the speaker was included.

– SAPA

The presidency has urged law enforcement agencies to intensify their search for an alleged serial rapist who is operating in Pretoria.

The serial killer is believed to be responsible for the rape and murder of 12 women in Mamelodi and Sunnyside. It is believed that the alleged serial rapist started the attacks on young women since 2004.

Police have confirmed that they found DNA similarities in four incidents. Police spokesperson, Neville Malila says they are analysing 14 dockets.

“In the analysis where those dockets have been collected, four of those dockets indicated the similarities in terms of DNA analysis, 12 of those dockets involve female victims in the ages between 18 and 35. There are various units that are part of the investigation team, that is also including the psychological unit.”

The news of a possible serial rapist, who could also be linked to some murders of his victims, has also shocked the presidency. About 60 000 women fall victims to gender-based violence across South Africa each year.

Presidential spokesperson Mac Maharaj has urged the community to work with the police in this case and make use of the national women’s month to fight the scourge of gender-based violence in the country.

National Police Commissioner, Riah Phiyega has also reacted with shock and has immediately ordered a top team of detectives to investigate the case. Police could not say if any arrest is imminent.
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Congress of the South African Trade Unions (Cosatu) Central Executive Committee (CEC) is expected to hold a special meeting next week to decide the fate of it’s General-Secretary, Zwelinzima Vavi.

The labour federation’s top six national office bearers met at Cosatu’s headquarters in Johannesburg on Tuesday.

Spokesperson Patrick Craven says it was a routine meeting, although weekend newspapers had reported that it would be Vavi’s disciplinary hearing. Cosatu president S’dumo Dlamini, in the meantime, has confirmed that the meeting considered a report on a grievance hearing against Vavi.

Cosatu instituted an internal disciplinary hearing against Vavi after a 26-year-old female colleague accused him of rape. She withdrew the grievance during the hearing last Monday.
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Wits University says it’s reviewing its sexual harassment policies. This, after two lecturers were dismissed last week while two others are still going through a disciplinary process.

Wits Vice-Chancellor, Adam Habib, has told students that the institution is tightening screws to ensure that it acts decisively if such matters are reported in the future.

“There is a review of all of our sexual harassment policies underway. Once that review comes in, in about two weeks, we will look at it, and we will put in measures to implement an environment that is free and safe for everyone on this campus. It’s a non-negotiable,” says Habib.

He also apologised to every single woman that was preyed upon sexually by those individuals and anybody else. He says the university is meant to be a free space and promised that it will be a free space and they will act if people are found guilty.
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The Energy Department has ruled out the possibility of introducing a subsidy to cushion the effect of fuel hikes. Energy Department officials have been briefing Parliament’s oversight committee on Tuesday.

The Department says the latest increase is largely due to geopolitics in the major oil producing countries. But it insists things could have been worse if the rand had not strengthened against the dollar.

It also turned down suggestions to ease the huge fuel hikes from month to month, saying this requires a R4 billion fund. The Energy department dismissed the idea of subsidies, arguing that these are unsustainable.

The petrol price in Gauteng will reach a record high at mid-night tonight — 95 Octane will cost R13.23 a litre in Gauteng, and R12.86 at the coast. The price of all grades of petrol will jump by 32 cents a litre. Diesel price rises by just under 33 cents.

Meanwhile the South African National Taxi Council (Santaco) has warned taxi commuters to expect fare increase due to the hike in the fuel price. The council says the increase will vary, depending on the routes and distances of each association.
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Cape Town – The trial of Thandi Maqubela, accused of killing her acting judge husband Patrick Maqubela, was postponed by the Western Cape High Court on Tuesday.

Marius Broeksma, for Maqubela, asked Judge John Murphy for more time to prepare argument on the amendment of her murder and forgery charges.

Maqubela and her co-accused Vela Mabena, both out on bail, were asked to return to court next Tuesday.

The two have pleaded not guilty to suffocating the acting judge with cling-wrap in his Sea Point, Cape Town, flat on 5 June 2009.

Maqubela has also pleaded not guilty to forging her husband’s signature on his will, and then fraudulently presenting it at the Johannesburg office of the Master of the High Court.

Last month, Murphy indicated he intended amending the charges on the indictment.

On the murder charge, he wanted to extend the cause of death by adding “or means unknown” to “suffocation with plastic”.

He said this was after the State previously conceded that it was unable to submit evidence regarding an alternative means of death.

Regarding Maqubela’s alleged forgery of her husband’s will, he wanted to amend the charge from “making of the signature” to “making of the will”.

Broeksma would present argument next week as to the prejudice his clients would suffer should the charges be amended.

The court heard the defence intended calling a witness next Wednesday.

– SAPA

Johannesburg – A complaint calling for the impeachment of Chief Justice Mogoeng Mogoeng has been laid with the Judicial Service Commission (JSC).

The Institute for Accountability said on Tuesday its director, Paul Hoffman, SC, did so after Mogoeng addressed Advocates for Transformation last month.

“The most serious aspects [of the complaint] include allegations of contempt of court and attempting to defeat the ends of justice which it is alleged amount to gross misconduct justifying impeachment,” the institute said.

In his speech, Mogoeng questioned critics who complained when a white male candidate was not recommended for appointment to the Bench, while those who were appointed were described as “executive toys”.

“These developments seem to suggest that war has been declared against transformation. People are clutching at straws to discredit the JSC. They seem to want the JSC they can dictate to,” he said in a speech prepared for delivery.

Complaint received

“The apparent discomfort with the progress we are making in transforming the Judiciary… must be dealt with decisively.

“And for the record, many white males have been recommended for appointment by the JSC over the years. It is for them and those who know them better to say whether they are ‘executive toys’.”

JSC secretary Sello Chiloane said the commission received the complaint.

“The complaint will be dealt with by the judicial conduct committee,” he said.

“The chief justice is one of those judges on the committee, and because the matter involves him, they will have to consider how to deal with it. They will handle it in terms of their own processes.”

The institute said it included a complaint of gross incompetence in the first complaint.

“[This is to]… cover the eventuality of the JSC being unable to find the necessary intention for the charges of contempt and attempting to defeat the ends of justice,” it said.

“The JSC has been asked to deal with the matter as one of urgency in view of the high office of the chief justice and his invitation to ‘forge ahead’ with the complaints.”

– SAPA

Johannesburg – Justice Minister Jeff Radebe welcomed the conviction of the so-called “Birthday rapist” Mlungisi Mtshali on Tuesday.

He was convicted on 122 charges, including rape, kidnapping, and theft.

“The minister also commended the young ladies, who had the courage to come forward when the image of the accused was flighted on TV,” his ministry said in a statement.

“This is justice manifestly seen to be done and we hope that he will receive a lengthy sentence that fits the crimes committed.”

Mtshali was dubbed the “Birthday rapist” because he reportedly told his victims it was his birthday and invited them to celebrate with him at a nearby restaurant or bar.

He would later ask them to accompany him, in a metered taxi, to fetch his sister or a friend in Hillbrow or central Johannesburg, where he lured the women into a hotel room and raped them.

He was arrested in Pietermaritzburg in March last year after it was discovered that he had been “erroneously released” by correctional services in February.

He was convicted in the Johannesburg Magistrate’s Court.

– SAPA

Johannesburg – The EFF’s policies of land reform and elimination of national borders within southern Africa will boost youth support for the party, according to a survey released on Tuesday.

Thirty-eight percent of respondents believed Economic Freedom Fighters leader Julius Malema, would gain support because of its policies, according to research conducted by Pondering Panda.

Twenty-nine percent believed he would lose support and 18% believed his support base would not change.

Fifteen percent did not have an opinion on the matter.

The cellphone survey was conducted among 2 339 people aged between 18 and 34.

However, 49% of respondents did not support the EFF’s land reform policy, while 37% did.

According to the survey, 42% of young blacks approved of land reform.

Support for the policy was also strongest in the Free State, with 56% of respondents approving it.

On the elimination of borders, 32% approved, while 54% disapproved.

“Although opposition to the EFF’s land and border reform policies still significantly outweighs support for them, what this survey shows us is that they are far from marginal ideas,” Pondering Panda spokesperson Shirley Wakefield said.

“Young South Africans want change, and other parties should look carefully at the alternatives they will be offering them.”

– SAPA

Cape Town – A man has been arrested in connection with the rape of a 4-month-old and a 7-year-old boy in Ceres, Western Cape police said on Tuesday.

Police spokesperson Andre Traut said a 32-year-old man was taken into custody and questioned in Ceres on Monday night.

A task team comprising various police units was created to investigate the rapes.

“We will go to great lengths to ensure that the perpetrator is brought to book,” he said.

Provincial police commissioner Arno Lamoer said on Monday that the baby had been sleeping in bed with her parents when a man snatched and raped her in the early hours of Saturday morning.

The boy was in the house and raped at the same time.

Lamoer said it was believed that the man had been staying in the house, on a farm, at the time.

“The child is currently at the Red Cross Children’s Hospital, where she had reconstructive surgery, and she will stay there for a long time,” Lamoer told reporters on the sidelines of a police memorial service in Kuils River.

“As you can see, there is a sick society outside. Some men can’t take the responsibility and we need to make sure this person is arrested.”

Traut clarified that the children were not siblings as previously reported.

– SAPA