Johannesburg – A report that the ANC had asked former president Thabo Mbeki to help capture Gauteng’s middle class voters was queried by the party on Monday.

“The journalist… made three fundamental misrepresentations (in the report),” the Gauteng African National Congress said.

“Firstly, the journalist insinuates without any basis in fact that President Jacob Zuma is unpopular among the middle class. This impression is based on media speculation and is not borne by research.”

The Sunday Times reported that the strategy arose out of fears of Zuma’s unpopularity with the middle class. Zuma would instead be used to woo the poor and working class voters in the province.

ANC provincial secretary David Makhura was quoted as saying the ANC would hold house meetings and public dialogues headed by Mbeki, the country’s Deputy President Kgalema Motlanthe and ANC deputy president Cyril Ramaphosa.

“The president is leading our direct contact with the people,” Makhura was quoted as saying.

“He is not going to be in those house meeting (in the suburbs). We are using him for big community meetings and door-to-door work.”

The ANC in Gauteng said on Monday its request that Zuma be deployed to help “consolidate and grow ANC support in our traditional strongholds is based on the need to first consolidate the core support of the movement in our strongholds”.

It said the report “invoked” the idea that the use of other party members was proof the ANC was afraid of losing Gauteng.

“The ANC has always utilised all its experienced cadres, including former leaders and former ministers who are willing to carry out voluntary work for the movement during election campaigns and various political programmes.”

It said its campaign in the suburbs was different in every election and the report made no reference to the provincial secretary’s extensive criticism of the opposition campaign in Gauteng.

ANC secretary general Gwede Mantashe said in a briefing on Sunday that the provincial ANC’s comments regarding Mbeki were “unfortunate”.

“They have just run ahead of themselves,” he said.

Mantashe said deployment of leaders to provinces would be done centrally and the party would send its leaders anywhere.

“There is no constituency and profile of constituency that suits a particular individual. We will send a person whom we think will be able to deal with the audience that will be attended by that leader,” he said.

Sapa

Potchefstroom – A woman died after being hit by a car on the R54 outside Potchefstroom on Friday, paramedics said.

She was critically hurt when they got there and they tried to revive her, but she died, said ER24 spokeswoman Vanessa Jackson.

The car that hit her was not on the scene when paramedics arrived, she said.

People who had been walking with the woman when she was hit were not injured, said Jackson.

Sapa

Johannesburg – A lawyer for the man convicted of culpable homicide, child abuse, and the rape of his 10-month-old baby girl asked the court to be lenient on his client on Monday.

“The lack of direct evidence and the incidents of aggression by accused two (Netto) ought to cast them in a different light when it comes to sentencing,” William Karam told the High Court in Johannesburg, sitting in the Palm Ridge Magistrate’s Court.

Karam represents Adriaan Netto, 37. Netto’s partner, 34, the baby’s mother, may not be named to protect the identities of her other children.

They are expected to be sentenced on Monday afternoon.

Netto wore a grey jersey with a blue hat covering his head, while the woman sat next to him with her head bowed, listening as Judge Majeke Mabesele reviewed the evidence against them.

Karam argued that a lack of witnesses and evidence of Netto physically abusing the child should be a factor for mitigation of sentence.

He also detailed Netto’s troubled childhood.

On September 18, Mabesele found the couple guilty of culpable homicide, child abuse, and the rape of their 10-month-old baby girl.

Mabesele found that while the couple had not murdered the child, as charged, their neglect and abuse made them culpable for the baby’s death in March last year.

“(I) conclude that the deceased sustained bodily injuries while under the care of her parents,” the judge said.

“They had a legal duty to look after her…. Being 10-months-old, the deceased was unable to injure herself.”

Mabesele said the baby’s injuries, including broken ribs, anal damage caused by penetration, plus vaginal and liver damage, had been inflicted on the child.

Testimony by Netto and the woman that they did not know how the baby was injured was not true.

“(The) injuries suggest long-standing child abuse,” Mabesele said.

Sapa

Durban – The trial of Joseph Ntshongwana, the former Blue Bulls player accused of killing four people with an axe, was postponed in the Durban High Court on Monday after his legal representative failed to arrive at court.

Acting Judge Irfaan Khalil said he had received an e-mail informing him that Themba Mjoli could not make the case on Monday as he was himself an acting judge in a matter being heard in Pietermaritzburg.

Khalil said Mjoli’s failure to inform the court timeously of his ability to attend Ntshongwana’s trial caused “a great deal of inconvenience and prejudice” as well as “fruitless expenditure” that resulted from witnesses and attorneys arriving at court for a case that could not proceed.

Khalil said Mjoli would have to explain his “default” at not being in court on Monday.

The case was postponed to Tuesday.

Ntshongwana is charged with the murder of Thembelenkosini Cebekhulu in Montclair on March 20, 2011, Paulos Hlongwa two days later, Simon Ngidi the following day, and an unidentified man sometime that week.

All were hacked to death with an axe.

He is also accused of kidnapping and raping a woman on November 28, 2010, and of assault with intent to do grievous bodily harm.

He also faces two charges of attempted murder. He has pleaded not guilty.

The woman, who cannot be named, was kidnapped in central Durban and held captive for three days.

Sapa

Cape Town – Former Hard Livings gang leader Rashied Staggie reported for his first day of work on Monday morning as a cleaner in Cape Town, a correctional services official said.

“Yes, he started today. As a matter of principle, we are not providing information 1/8on where he works 3/8 because many employers don’t want to it to be made known,” said chief deputy commissioner James Smalberger.

The SABC reported that Staggie was dropped off at the Cape Restoration Centre in Bellville, which aimed to rehabilitate gangsters and drug addicts.

Smalberger said Staggie would be let out from Pollsmoor Prison in Tokai, Cape Town, at 6am or 7am every day to perform cleaning and general office duties. He was released on day parole a week ago.

He had to return to prison daily at 6pm until his release on full parole on March 25 next year.

Staggie was sentenced in 2003 to 15 years in prison on charges of kidnapping and rape, and in 2004, he received another 13 years for gun theft from a police armoury.

The sentences ran concurrently and he served 11 years before his release on day parole.

“It (the reason for parole) is not to police him. This is a phase… it’s a slow way of giving him all the responsibility.”

Sapa

Johannesburg – Sentencing of a couple found guilty of raping, assaulting, and causing the death of their 10-month-old baby girl was postponed to October 2 by the Johannesburg High Court sitting in the Palm Ridge Magistrate’s Court on Monday.

Adriaan Netto, 37, and his partner, 34, were found guilty by Judge Majeke Mabesele on September 18. The woman may not be named to protect the identities of her other children. Both remained in custody.

Prosecutor Riana Williams told the court on Monday the woman had shown no remorse.

“The only remorse you have is that you are here and are going to be sentenced,” Williams said.

Earlier, William Karam, for Netto, asked the court to be lenient on his client.

“The lack of direct evidence and the incidents of aggression by accused two (Netto) ought to cast them in a different light when it comes to sentencing,” he said.

Netto wore a grey jersey and a blue hat, while the woman sat next to him with her head bowed, listening as Mabesele reviewed the evidence against them.

Karam argued that a lack of witnesses and evidence of Netto physically abusing the child should be a factor for mitigation of sentence. He recounted Netto’s troubled childhood.

On September 18, in finding the couple guilty of culpable homicide, Mabesele said while they had not murdered the child, as charged, their neglect and abuse made them culpable for the baby’s death in March last year.

“(I) conclude that the deceased sustained bodily injuries while under the care of her parents. They had a legal duty to look after her… Being 10-months-old the deceased was unable to injure herself.”

Mabesele said the baby sustained injuries to the anus, caused by penetration, vagina, and liver, and broken ribs. The couple’s testimony that they did not know how the baby was injured was rejected.

“(The) injuries suggest long-standing child abuse,” Mabesele said.

Sapa

Johannesburg – Further delay in the judicial misconduct probe into Cape Judge President John Hlophe will undermine public confidence, a tribunal heard on Monday.

“We are ready to go, we are anxious to go, we want to bring this to a timely conclusion,” Courtenay Griffiths QC, for Hlophe, told the tribunal.

“(However) it has to be done properly in accordance with the law and we submit that that is not the case.”

Griffiths said evidence placed before previous hearings into the matter had not been tested. He was arguing during a Judicial Service Commission (JSC) tribunal hearing into a complaint of judicial misconduct against Hlophe.

Hlophe allegedly tried to influence Constitutional Court judges Chris Jafta and Bess Nkabinde in a legal matter.

In 2008, the two judges alleged that Hlophe broached the subject of the pending judgment relating to President Jacob Zuma in his corruption case involving the multi-billion rand arms deal, with them.

The judges regarded this as an improper attempt to influence the case and a complaint was lodged.

Hlophe, affronted that the judges had sent a copy of the complaint to the media before he had time to respond to it, laid a counter-complaint.

A lengthy stop-start parallel process of JSC hearings and court challenges ensued.

The matter was ultimately heard in the Supreme Court of Appeal with rulings in favour of Western Cape premier Helen Zille and lobby group Freedom Under Law.

Last October Chief Justice Mogoeng Mogoeng said he would formally appoint tribunal members.

Hlophe faces impeachment if found guilty.

Griffiths said Jafta and Nkabinde had stated that they did not want to lay a formal complaint against Hlophe.

This was despite a collective complaint lodged by all the Constitutional Court judges at the time.

“The two (Jafta and Nkabinde) lodged a statement placing on record, among other things, that they were not willing to make any statement… Does the tribunal have the power to force the two justices to make that complaint,” he asked.

“How do we get out of this hole?”

Earlier, Gilbert Marcus, SC, for the Constitutional Court judges excluding Jafta and Nkabinde, said their complaint against Hlophe was valid.

He said six Constitutional Court judges, which included then Chief Justice Pius Langa, testified in a 2009 JSC hearing on the matter.

The tribunal was adjourned and will continue of Tuesday.

Sapa

Johannesburg – Two people were killed in an accident between Port Elizabeth and Grahamstown, paramedics said on Monday.

“Two people have died while three others sustained serious injuries in a head-on collision along the N2 between Port Elizabeth and Grahamstown last night [Sunday] at around 18:30,” said Netcare 911 spokesperson Chris Botha in a statement.

Two passengers in a bakkie died, while three others, including two German tourists were seriously injured.

“Paramedics stabilised the injured on scene before transporting them to various hospitals in Port Elizabeth for the care that they required.”

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– SAPA

Mbombela – Operation Smile SA, which does free surgery on people with cleft lips or palates, starts free screenings at 10 Mpumalanga hospitals on Monday, a Sapa correspondent reported.

The screenings would run until Friday to find people eligible for free life-changing surgery.

“So often we hear stories of families who are so ashamed of the condition that they do not bring their children for help,” said Ossa regional director Sarah Driver-Jowitt.

“Even sadder are those families who get lost within the often multidisciplinary treatment of clefts and never access the care that their children need.”

Driver-Jowitt said some children lived in social isolation, often not going to school because of a condition that could be treated.

She said one of 1 000 children in Africa was born with a cleft lip or cleft palate while one out of 10 children with clefts did not survive until their first birthday, as they struggled to feed.

A cleft lip is a hole in the lip that has caused the lip to not form fully, and a cleft palate is a hole in the roof of the mouth.

“To be assessed for surgery, any person with a cleft lip and/or cleft palate should come to the pre-screening,” Driver-Jowitt said.

The screenings would be done at the Mmametlhake, KwaMhlanga, Evander, Ermelo, Middelburg, Mapulaneng, Themba, Shongwe, Rob Ferreira, and Piet Retief hospitals.

– SAPA

Cape Town – The DA has approached the Western Cape High Court for an order compelling the public works department to hand over a report into the more than R200m upgrade of President Jacob Zuma’s private residence at Nkandla.

“In this application I am acting in my personal capacity, my capacity as the leader of the opposition in Parliament, and in the public interest,” Lindiwe Mazibuko told reporters at Parliament on Monday.

The respondents were Zuma, Public Works Minister Thulas Nxesi, and his department’s director general.

The Democratic Alliance had tried twice to get a copy of the report, Mazibuko said.

“When the DA submitted a Promotion of Access to Information Act (PAIA) application to obtain this report in an effort to make it public, minister Nxesi’s department gave no reply to our application,” Mazibuko said.

“In terms of the PAIA, the application is thus deemed rejected as per section 28 (1) (b).”

An appeal was then submitted but rejected by Nxesi who said it was “premature as this report had already been sent to Parliament’s Joint Standing Committee on Intelligence (JSCI)”.

The JSCI meets behind closed doors.

“We have long held that the classification of the report is invalid, and constitutes yet another attempt to shield President Zuma from public accountability,” Mazibuko said.

She was asking the court to declare the rejection of the DA’s PAIA application and appeal unlawful and invalid.

Should she be successful, Mazibuko wanted the so-called “Nkandlagate” report handed over within five days of a court order.

“Alternatively: that the court orders that the parts of the report pertaining to state security be severed and the report then be made public,” Mazibuko said.

– SAPA