Johannesburg – Friday’s court ruling that the acting NPA head must lodge a copy of the so-called Zuma spy tapes with the court registrar, was a victory for democracy, the DA said.

“This is a victory for democracy, for accountability, and for the Constitution,” Democratic Alliance federal executive chairperson James Selfe said in a statement.

“[We] will now consult with our lawyers at the soonest available opportunity to initiate the substantive review into the decision by the NPA to drop charges against President [Jacob] Zuma.”

The north Gauteng High Court in Pretoria ordered acting national director of public prosecutions Nomgcobo Jiba, to lodge a copy of the tapes with the registrar of the court within the next five days.

The ruling by Judge Rami Mathopo followed an application by the DA.

The party wanted to overturn a 2009 decision by then acting National Prosecuting Authority (NPA) head Mokotedi Mpshe to withdraw fraud and corruption charges against Zuma.

Selfe said despite attempts over the past four years by Zuma’s legal team to delay and deny access to the documents, justice had prevailed.

“The transcripts and memoranda will pave the way for the DA to ask the court to determine whether the decision to drop the charges was rational and, therefore, lawful,” he said.

“South Africa has the right to know if there was a case against President Zuma and if the decision by the NPA to drop the charges was politically motivated. The NPA will now have to answer for this decision.”

Lodging the record

The Supreme Court of Appeal (SCA) in March last year ordered the NPA to lodge the record with the registrar of the high court, but the NPA refused to do so on the basis that it contained confidential representations by Zuma.

Mathopo ordered Jiba to comply with the SCA order and ruled that the record to be lodged include a copy and transcript of the electronic recordings Mpshe referred to in his announcement, to withdraw charges against Zuma.

The record had to include any internal memoranda, reports or minutes of meetings dealing with the contents of the recordings or the transcript itself, insofar as these documents did not breach the confidentiality of Zuma’s written or oral representations.

With regard to the memoranda, minutes, and notes of meetings, Jiba was ordered to deliver copies to the DA’s Cape Town attorney within the next five days.

Those parts of the document she considered confidential had to be marked.

The DA’s attorney was ordered not to disclose to any other party, including to the DA, any part of the document which Jiba said was confidential.

Should the DA dispute any claim to confidentiality and should the parties be unable to resolve the dispute, the DA could apply to a judge for a ruling on the issue.

The NPA and Zuma were ordered to pay the costs of the DA’s application.

– SAPA

Cape Town – The National Prosecuting Authority [NPA] refused to comment on reports on Friday that paralympian Oscar Pistorius faces two new charges of recklessly discharging a gun in a public place.

“All what you have here and the rest of the media is not from us… so we cannot comment on it,” North Gauteng NPA spokesperson Medupe Simasiku said in a text message.

When asked if this meant he was not aware of the two charges, he said: “Unfortunately we are not commenting on that.”

News channel eNCA reported on its website that Pistorius, 26, was expected to face the additional charges when he appeared in the Pretoria Magistrate’s Court on Monday. It reported that the NPA had told Pistorius’s lawyers of its plan to charge him.

According to the report, the first charge related to Pistorius allegedly firing his gun out of the sunroof of a friend’s car while driving home from a holiday. The second charge reportedly related to Pistorius accidentally firing his friend’s gun in a Johannesburg restaurant.

Pistorius was charged with premeditated murder after his girlfriend Reeva Steenkamp was shot dead in his Pretoria home on 14 February.

During a bail hearing in February, Pistorius’s defence read out a statement in which Pistorius said he thought Steenkamp was an intruder.

Police said on Tuesday the investigation into her death had been completed. National spokesperson Lieutenant General Solomon Makgale said Pistorius would be served with an indictment when he appeared in court on Monday, and the matter would be postponed.

“The prosecution, in collaboration with the defence team, will agree on a trial date,” he said.

“The SAPS [SA Police Service] investigation team, under the leadership of Lieutenant General Vineshkumar Moonoo, is convinced that the accused has a charge to answer to after they worked tirelessly to ensure that the investigation was finalised.”

The investigation team comprised detectives and forensic, ballistics, and technology experts, as well as forensic psychologists.

– SAPA

Johannesburg – Cosatu affiliate Numsa has lost confidence in the trade union federation president Sidumo Dlamini’s leadership, general secretary Irvin Jim said on Friday.

“He is basically not representing all Cosatu affiliates. It has nothing to do with the fact that we don’t like him and so forth,” Jim told reporters in Johannesburg.

“He has not demonstrated that he has got the interest of uniting the federation. From where we are sitting, if you look at our political posture as a federation, we did not emerge with anything from Mangaung.”

The National Union of Metalworkers of SA (Numsa) is the biggest trade union affiliated to the Congress of SA Trade Unions.

Turning to the suspension of embattled Cosatu general secretary Zwelinzima Vavi, Jim said there had been previous sustained campaigns to remove Vavi.

“We think that in both the ANC [African National Congress] and the [SA] Communist Party there are forces who are hell-bent, working 24 hours, working with those in Cosatu, to ensure that Cosatu will be made a lapdog,” he said.

“As Numsa, we are not willing to stand by and allow that to happen.”

Asked why he would not identify the individuals behind the alleged conspiracy against people including himself and Vavi, Jim said the plot would be exposed.

“We are not necessarily beautiful people, but we have been the centre of focus, that is a fact. We know that there is an agenda that will stop at nothing until it liquidates us. I don’t think we need to promise you anything, but within no time it [the plot] will be exposed.”

Special congress

Jim said numerous Cosatu affiliates wanted a special congress so that the union federation could get out of the crisis it was in.

“Especially now, we don’t think we are going to have a solution around the corner. If there is something that is very glaring, it is that for the federation to get out of the crisis, it must go to a special congress,” he said.

“As we speak, across our nine regions, our members are up in arms about the suspension of Zwelinzima Vavi. They want Zweli back into the office and as Numsa national leadership we have no other agenda than to do that.”

Jim said all Cosatu affiliates shared this sentiment.

Earlier, Jim said Numsa did not recognise Cosatu’s decision to suspend Vavi.

He reiterated that the Cosatu central executive committee (CEC) meeting held on Wednesday was unconstitutional.

“Numsa does not recognise the decision of the unconstitutional CEC and is consulting its lawyers about this matter,” Jim said.

Disciplinary hearing

Cosatu announced on Thursday that Vavi had been put on special leave pending the outcome of a disciplinary hearing relating to an affair he had with a junior Cosatu employee.

“[Vavi] has been released from all his official duties as the general secretary during this period of investigation until such a time that the outcome of the [disciplinary] hearing is known,” deputy general secretary Bheki Ntshalintshali told reporters in Johannesburg.

Dlamini said Vavi was put on special leave after the special CEC meeting.

Last month, a junior Cosatu employee accused Vavi of rape.

He admitted to having a consensual affair with her.

The woman subsequently withdrew a sexual harassment complaint against him.

– SAPA

The ANC reprimanded its North West executive on Friday for “callous” remarks it made about the Marikana commemoration.

“These remarks do not reflect the views of the African National Congress as a whole and are extremely unfortunate given the still very painful memory of the suffering of the victims, families, and community of Marikana,” said national spokesperson Jackson Mthembu.

“The ANC respects the right of anyone to organise and participate in any gathering that seeks to soothe and heal the wounds that were caused by the Marikana tragedy.”

North West ANC spokesperson Kenny Morolong said in a statement on Thursday night the provincial branch, would not attend Friday’s commemoration of the Marikana violence in which 44 people were killed.

“The commemoration is organised by an illegitimate team called ‘Marikana Support Group’ – a group which the African National Congress does not recognise,” he said.

Morolong said the ANC would only participate in a commemoration organised by government, as agreed with families, Lonmin Platinum, and labour unions.

“The ANC finds it immoral and totally unacceptable that such a traumatic incident could be turned into a political playground by some political parties, who seek to enhance their political ambitions and interests,” he said.

Marikana shooting

Friday marks the first anniversary of the shootings at Lonmin’s Marikana mine, near Rustenburg in the North West.

On 16 August last year, 34 striking mineworkers were killed when police fired on them while trying to disperse and disarm them.

Ten people, including two policemen and two security guards, were killed in strike-related violence in the preceding week.

Mthembu said no person should ever seek to determine or direct how people mourned nor contest ownership of the right to mourn.

“The pain of the people of Marikana must never be turned into a popularity contest with all vying for attention and making a mockery of the real agony suffered by our people.”

He said the party would seek an urgent meeting with the North West provincial executive committee to “correct” them on their views.

Asked if any ANC leaders were at the commemoration, ANC communications head Keith Khoza said he did not know who had been assigned to attend.

– SAPA

Johannesburg – Cope in Gauteng on Friday condemned the burning of an East Rand municipal ward councillor’s house following a housing scam in Duduza.

The use of violence to express the genuine concerns of law-abiding citizens could not be tolerated, Congress of the People MPL Ndzipho Kalipa said in a statement.

“The MEC must take precautionary measures to avoid actions that tend to provoke the community into taking matters into their own hands,” she said.

Ward 84 Councillor Silas Letsema’s house was set alight with his two young children inside on Thursday.

Nobody was hurt.

Gauteng Human Settlements MEC Ntombi Mekgwe said the house was one of two that were torched, allegedly by local residents whose illegally-built shacks were demolished in Tsakane Extension 17 on Thursday.

Mekgwe said the shacks were built on government-owned land used for one of two RDP housing projects in the area.

Those living on the land had paid R70 to individuals who had allegedly falsely promised them RDP houses. In venting their anger, people targeted Letsema.

Police spokesperson Johannes Ramaphora said a case of arson had been opened.

No arrests had been made and police were investigating.

– SAPA

Durban – Three security guards who allegedly colluded with a gang of robbers and a traditional healer to rob a pension payout point were due to appear in court on Friday with their co-accused.

Security guards Gelaphi Ndaba and Mbhasobhi Gumbi, both 41, and Patrick Ngema, 43, were arrested on Tuesday while they were at work in Mkhuze in northern KwaZulu-Natal.

On Friday they were expected to be joined in court by a traditional healer and another suspect, arrested last month.

A sixth suspect was killed in a shoot-out with police in Gauteng last month.
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Durban – A Verulam man may have to undergo plastic surgery, skin grafts and physiotherapy after he was mauled by his neighbour’s pitbulls early on Wednesday morning.

Speaking from his Osindisweni Hospital bed, Rishaan Singh, 23, said he had arrived home from a friend’s house when the attack happened.

“I parked my car at the bottom of the embankment of my apartment. Both the dogs were at the top, growling.
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Pietermaritzburg – A man was sentenced on Friday to 22 years in prison by the Pietermaritzburg High Court for stabbing his mother to death.

Thandaxolo Khumalo, from Maphumulo in Verulam in KwaZulu-Natal, admitted to killing his mother Thokozile Khumalo, 70, in July after coming home drunk.

He told the court on Wednesday he became angry when his mother scolded him for drinking and reneged on a promise to give him money.

Khumalo, 27, fetched a knife from the kitchen with which he stabbed her.

He then left his mother on the floor of her house, where she died, and fled when he realised what he had done. He tried to hide clues to his actions by burning his bloodied clothes.

According to the post mortem report she was stabbed in both lungs, her liver, face, and upper arm. She also had bruises on her face.

Khumalo’s mother was a retired nurse who supported him and his child as Khumalo had never worked.

Convicted on Wednesday, Khumalo’s defence said his guilty plea and the fact he was a first time offender were substantial and compelling circumstances justifying a 15-year sentence, the minimum for a first murder.

Acting judge Enthias Xolo, however, found that his acts deserved a more robust sentence.

He said the community demanded that violence against the elderly, women, and children be severely punished.

Sapa

Johannesburg – The Ekurhuleni metro has condemned the violence in Duduza on Thursday during which dozens of foreign-owned shops were looted and burned.

Ekurhuleni metro spokesman Sam Modiba on Friday said police and ward councillors were working closely to restore the situation to normal.

“Residents should refrain from taking the law into their own hands and allow police to carry out their duties,” said Modiba.

The rioting came after a 23-year-old man was shot by a Somali national after being sold a used mobile airtime voucher.

“The family of the shot victim has confirmed that he is recovering well in hospital,”.

Police were continuing to monitor the situation.

Sapa

Cape Town – An elderly man facing multiple counts of sexual offences involving young girls was refused bail by the Goodwood District Court, Cape Town, on Friday.

The man, 77, would remain in custody until October 11 for further investigation. Magistrate Sean Lea said the State had a strong case, with more charges likely to be added to the current 22.

He said the alleged victims, mostly from informal settlements near the man’s Richwood home, were all from destitute backgrounds, lacking proper parental and material support.

“They were extremely vulnerable to any form of material benefit,” said Lea.

He said the investigation began when one of the man’s neighbours reported seeing young girls entering the man’s home at all hours for years.

The man had made a bad impression during his testimony by trying to portray himself as a saviour to children, the magistrate said. The accused had made the “bold assertion” during proceedings that he would prove his innocence at his trial.

In the court room were several long transparent plastic bags filled with pornographic DVDs, magazines, and a video of bestiality. The man said the purpose of the video was to educate children, when asked about it by prosecutor Mario September,

“The ridiculousness of this statement speaks for itself,” Lea responded.

He said the pornography confiscated in the accused’s home included vibrators, which showed the State’s prima facie case against the accused to be strong. The magistrate said the man had failed to satisfy the court that there were compelling and substantial circumstances to justify his release on bail.

He had failed to prove that his release was in the interests of justice.

Lea referred to the testimony of the investigating officer, Warrant Officer Johan Kotze, who stated the man had recently tested HIV-positive, and that he had infected one of his alleged victims.

Despite the accused’s affliction, he had engaged in casual sex in the form of one-night stands, Kotze had told the court.

Being infected with HIV was not a compelling factor justifying the man’s release on bail, as suggested by legal aid attorney Vernon Ebbersohn.

Lea agreed with the prosecutor that the man’s release would not only undermine the criminal justice system, but also public safety and the safety of his alleged victims.

“If one considers how easy it would be for the accused to influence or intimidate the alleged victims, then there is not only a risk that he will do so if released on bail, but a reasonable probability,” he said.

Sapa