Johannesburg – The Labour Court has instructed the SABC to allow former editor Montlenyane Diphoko to return to work, his attorney said on Monday.

“The court has upheld the findings of the Commission for Conciliation, Mediation, and Arbitration (CCMA) last year, and instructed the SABC to allow my client to return to work within two weeks,” said Chris Machingura.

The court ruled a week ago that Diphoko be allowed back to work and that he be paid his salary back-dated to 1 April 2010.

Diphoko declined to comment.

Budget overspend

He was editor of news international when he was found guilty of negligence and dishonesty relating to fruitless and wasteful expenditure in 2009. The charges related to the payment of independent contractors.

Diphoko was accused of mismanagement and of overspending his budget by R20m, resulting in financial loss for the public broadcaster.

He was dismissed in 2010.

He took the SABC to the CCMA, which ruled in his favour last year.

The commission found that his dismissal was “substantially and procedurally unfair” and ordered that he be allowed to return to work.

The public broadcaster sought a review of the CCMA decision and approached the Labour Court, which upheld the CCMA decision.

Diphoko argued that he was not the financial officer, and was not the only person involved in authorising payments. He argued that the charges were part of a plot to oust him.

‘A gruelling three years’

“He was never dishonest. He consulted widely and had a financial person advising him…. The payment forms did not have Diphoko’s signature only. It needed another person’s authorisation as well. He did not override the financial officer, who was never charged,” Machingura said.

He was still waiting to hear from the SABC when Diphoko would be allowed to return to work.

“It has been a gruelling three years for him. We do not know the view of the SABC regarding this recent ruling…. We are still waiting to hear from them,” Machingura said.

SABC spokesman Kaizer Kganyago said talks with Diphoko were continuing.

“Please note that the SABC is still engaging with Mr Diphoko and his lawyers about this matter,” he said.

– SAPA

Cape Town – There is no threat that the Hawks will be subject to political interference, a full bench of the Western Cape High Court heard on Monday.

Kemp J Kemp, for President Jacob Zuma, is completing his argument in a case brought by businessman Hugh Glenister and the Helen Suzman Foundation.

They argue that the SA Police Service Amendment Act, which was passed by Parliament last year, does not sufficiently insulate the Hawks from political interference.

The act gives the police minister the power to suspend the head of the directorate of priority crime investigations, more commonly known as the Hawks.

The minister can also dismiss the Hawks chief after an inquiry headed by a retired judge.

Kemp rejected this argument on Monday.

“We don’t support the notion that, because the minister has these powers, that the head [of the Hawks] is in imminent threat of improper removal,” Kemp told the court.

– SAPA

Cape Town – Three men accused of killing gay nightclub owner Bruno Bronn will go on trial next month.

Johan Frederick Coetzer, Fareez Allie, and Achmat Toffa appeared before Western Cape High Court Judge President John Hlophe on Monday morning.

Hlophe set the date for trial as 14 October.

The men are accused of killing Bronn, 50, in his Green Point home on 7 February last year.

According to the indictment, he was strangled and died of suffocation.

He owned the popular night-clubs Bronx and Navigaytion in Somerset Road, Green Point.

The men face charges of premeditated murder and robbery with aggravating circumstances. Both charges carry life sentences.

Coetzer is out on bail of R20 000 and Allie of R5 000.

Toffa was granted bail in the matter, but remains in custody at Pollsmoor Prison on unrelated charges.

The court previously heard that the prison refused to release Toffa even though he was recently acquitted on an unrelated charge, and was out on warning for another.

Hlophe said at the time he would sign an order confirming that Toffa was out on bail in the Bronn case.

– SAPA

Johannesburg – KwaZulu-Natal police on Monday offered a R15 000 reward for information leading to the arrest of an alleged murderer who was accidentally released from custody because of a clerical error.

Lebo Sibisi allegedly robbed and murdered a man in Umbilo, Durban, on 14 September 2012, said Captain Thulani Zwane.

“Two suspects, including Sibisi, were arrested following police investigations and the release of [Sibisi] on bail was successfully opposed in the Durban Magistrate’s Court.”

Following a separate court appearance on 23 January this year, a clerical error occurred and Sibisi’s detention warrant incorrectly showed R5 000 was required for his release.

“The bail amount was paid and [Sibisi] was later freed by the authorities. He never appeared in court after his release and a warrant for his arrest was issued,” said Zwane.

Sibisi was believed to be in hiding in the Eastern Cape.

– SAPA

Johannesburg – The Economic Freedom Fighters (EFF) on Monday distanced itself from members who were involved in a Labour Court matter.

“The central command team has asked commissar Sam Tshabalala to submit a report as to his utterances and action on the said day and event, since there had not been any organisational mandate to his involvement,” EFF national spokesperson Mbuyiseni Ndlozi said in a statement.

The Sunday Times reported that a labour broker was granted an order by the Labour Court barring the EFF from its premises in Vereeniging and across the country.

According to the Workforce Group, the case followed an altercation last month during which Tshabalala allegedly led a group of about 200 ex-employees to demand reinstatement.

EFF members apparently made death threats, and the company, which is listed on the Johannesburg Stock Exchange’s (JSE) alternative exchange, feared its employees might be killed, the newspaper reported.

Ndlozi said the EFF would meet with the Workforce Group to reach an understanding.

“The EFF supports and will always stand with workers, particularly against abusive companies.

“However, this will always be done with the workers in the front,” he said.

– SAPA

Johannesburg – The ANC has begun consulting voters to help formulate its manifesto for next year’s general elections, national executive committee (NEC) member Jeff Radebe said on Monday.

“The African National Congress will be convening nation-wide manifesto forums with our people, from all walks of life, on the development of our election manifesto,” he said in Johannesburg.

“The manifesto forums seek to provide an opportunity for the ANC to interact with our people on progress made and challenges confronted in creating a South Africa that is better today than it was in 1994.”

Radebe said the forums would be held from 14 September to 18 October.

“These municipalities [where the forums will be held] are selected to ensure a fair distribution in terms of urban and rural mix, levels of basic service delivery, and ANC support.”

All forums to be public gatherings

A minimum of four forums would be held in each province.

“All the manifesto forums will be public gatherings, open to all people who wish to make contributions in the manifesto to guide and direct our collective aspirations,” Radebe said.

He said the ANC had been encouraged by forums held in Eshowe, KwaZulu-Natal and Sasolburg, in the Free State, at the weekend.

“Both were well-attended and were characterised by fruitful engagements by members of the public,” Radebe said.

He said more than 300 people attended the forum in Eshowe and 160 in Sasolburg.

Radebe said it was hoped the manifesto would be approved by the ANC’s NEC at the end of November.

“It [the manifesto] will be made public when we celebrate the birthday of the ANC on 8 January 2014.”

He said the ANC-led government had made “great strides” since the advent of democracy, coming up with, among other things, the National Development Plan.

“The achievements that we have made in the past five years and in the past 19 years notwithstanding, we have to consult our people because we still have many challenges that lie ahead.”

A ‘comprehensive majority’ the aim

He said the ANC always focused on its people.

“We are not going to be diverted… [by] other parties, even those who had previously been in the ANC, who have [now] formed their new parties.”

Radebe said the ANC had “a very good story to tell” for its nearly 20 years as ruling party.

“Twenty years is not a curse for us, but it is a major milestone because we believe that we have destroyed the vestiges of apartheid and on its ashes, we have consolidated our political democracy,” he said.

“Our aim is to make sure that we have a comprehensive majority in these elections.”

When asked about other parties’ claims they would claim provinces from the ANC, he joked that he did not know that political parties had psychics.

He said people still had trust in the ANC

– SAPA

Pretoria – The latest attempt by two members of the so-called Waterkloof Four to stay out of jail was dismissed by the North Gauteng High Court on Monday.

Judges Hans Fabricius, Ephraim Makgoba and Wendy Hughes denied an application by Reinach Tiedt and Gert van Schalkwyk for leave to appeal against an earlier ruling that they return to the Zonderwater Prison.

The judges granted an order to Correctional Services Minister Sibusiso Ndebele that any further applications for leave to appeal not suspend the previous order.

They gave Tiedt and Van Schalkwyk – who have been under house arrest for almost two years – until noon next Monday to report back to the Zonderwater prison.

The two, along with Christoff Becker and Frikkie du Preez, were sentenced in January 2005 to 12 years’ imprisonment for murdering a man in a Pretoria park in 2001.

They started serving their sentences in August 2008 after an unsuccessful appeal.

Correctional supervision

A Pretoria magistrate converted Tiedt and Van Schalkwyk’s sentences to correctional supervision in December 2011 after an application by the Parole Board.

Correctional Services appealed against the decision and a full Bench of the High Court ruled in June that the magistrate’s ruling had been based on an error in law and that the two must return to jail.

The judges found that Tiedt and Van Schalkwyk were not entitled to parole if more than five years of their sentence remained.

Their lawyer Jaap Cilliers SC, argued it would “ruin” their lives if they had to go back to jail when there was a chance that an appeal might eventually succeed.

Fabricius said nothing new had been put before the court and that six judges of the High Court had already interpreted the relevant statutory provisions in the Criminal Procedure Act in the same manner.

“There is in my view no reasonable prospect that another court will come to a different conclusion,” he said.

They were free to apply to the Supreme Court of Appeal or even the Constitutional Court for leave to appeal, but the rule of law required that they return to prison.

Van Schalkwyk said in an affidavit their private and business lives would be gravely and negatively affected if they returned to prison.

A social worker said in a report that correctional supervision was in fact a severe punishment in itself.

Criminal Procedure Act

Fabricius said this argument was “absurd”, having regard to a prison regime that the social worker herself described as difficult and harsh in effect while the accused in contrast lived under almost normal circumstances on a daily basis.

“As our judgment said: a prisoner is not lawfully entitled to parole if more than five years of his/her sentence remains.

“That is what the Criminal Procedure Act says and that is what this case is all about.

“We must apply the law and the respondents must know, if they read our judgment, that our reasoning is based on that fact.

“The public must know it and every single prisoner as well. It is in the interest of justice.

“We are not concerned with possible exceptions relating to rehabilitation, family life, employment opportunities, etc. The law applies to all,” he said.

– SAPA

By Obakeng Maje

Tlokwe-The Democratic Alliance Monday decided not to attend a Tlokwe Special Council hastily convened by the speaker.

DA said the only purpose of the Council meeting was to table a report by the MEC for Local Government and Traditional Affairs on her “investigations” into allegations of maladministration, fraud and corruption which led to the two motions of no-confidence in the former Executive Mayor, Maphetle Maphetle.

“We deny that a proper investigation has taken place and that all interested parties have been consulted by the MEC’s investigative team” said the Public Accounts Chairperson and DA Caucus whip Cllr. Neels Coetzer. 

The DA said the attempt by the MEC to first announce the findings of this controversial investigation during a special media conference (failed) onThursday, then to request the Speaker to convene a Special Council meeting two days befor the Tlokwe by-elections, are opportunistic steps just before the elections and attempts to whitewash allegations against the former mayor.

“Since the matter is still being investigated by the Hawks and the Public Protector, the matter remains sub judice and therefore the council may not discuss and make decisions on the conduct of Mr. Maphetle” said Cllr Hans-Jurie Moolman, DA Caucus Chairperson.

They further pointed out that the speaker does not have the authority to convene a special meeting, unless requested to do so by the mayor or a majority of the Council. Neither of which happened in this case.

The postponedment of the Special Council meeting to Friday, after the Council failed to quorate this morning, is also in jeopardy because the Speaker’s assumption that the ANC will have a majority after Wednesday’s by-elections. 

The continuation of the by-elections in at least some of the wards will be decided by the Electoral Court (On Tuesday?) when it will be hearing evidence in the application of the Independent Candidates to have the By-elections postponed.

Motions of no confidence in the DA Mayor, prof. Annette Combrink, and the ANC speaker, Ms. Barei Segotso appear on the agenda of a continuation meeting of the Council where it is expected to be dealt with when clarity is reached who is in control of the Tlokwe Municipality.

The DA is keen that the issue to be resolved and those urgent matters are attended to. But in all cases, within the law and the city’s rules.-TDN

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By TDN

Atamelang-North West Premier Thandi Modise is saddened by the untimely death of three

toddlers who died in a disused fridge in Vrisgewaagte Village, outside

Mafikeng last Friday .

“We send our heartfelt condolences to the families affected by this tragedy. We again appeal strongly to our people to get rid of unused items

around their homes that may unsuspectingly become a death trap for children,” cautioned Premier Modise.

She says the provincial government will be deploying officials to visit the family to determine the extent of the assistance they might need during this trying time.

Five-year-old Skhukhuza Stuurman and two of his neighbours, three-year-old

Rorisang Medupi and four year-old Onalena Medupi’s bodies were found in the fridge last week Friday after missing for more than twelve hours.

It is suspected that the children were playing when they somehow landed in the fridge.

Police say investigations are underway but no foul play is suspected at this stage.

Premier Modise says parents must be circumspect about derelict objects that create unsafe environments for children and that children must not be left unattended for lengthy periods.

Last year Premier Modise made the same plea after two girls aged two and three suffocated to death while playing in an old unused car in Henryville,

outside Zeerust.-TDN

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