Pretoria – Evidence leaders at the Farlam Commission of Inquiry have revisited the use of stun grenades on protesting mineworkers at Marikana last year.

On Tuesday, evidence leader Matthew Chaskalson read out the testimony of Brigadier Johann Fritz, who flew over the protesters on the afternoon of 16 August 2012, in a helicopter.

Fritz had said: “I did not know at the time, the name of the person [police officer] who threw the stun grenades from the chopper. I now know that it was the air law enforcement officer [Aleo], Sergeant [Adrianna] Venter.

“I did not instruct that stun grenades be thrown from the chopper. I [only] permitted it when the Aleo told me that her unit had used this method of dispersing crowds very successfully in the past.”

Fritz had gone on to say he was not an expert in crowd management.

He was the overall commander of the special task force deployed to the strike-related unrest at Lonmin’s platinum mining operations at Marikana, near Rustenburg, in North West, last year.

According to Wikipedia, a stun grenade is a non-lethal explosive device used to temporarily disorient the enemy.

The grenade is designed to produce a blinding flash of light and loud noise without causing permanent injury.

The commission heard that the stun grenades were thrown at protesting mineworkers in an attempt to make them run.

Lieutenant Colonel Duncan Scott, who is currently on the witness stand, said in his testimony on Monday, that this would have made it easier for the police to ascertain whether the protesters were carrying weapons.

“What I have picked up from colleagues [police officers who were also at Marikana] is that the strikers that were moving off, regrouped and then started walking again,” he told the commission.

“The explanation I was given was that stun grenades were used to break up the groups and hopefully to get them to start running. It is [more] difficult to conceal weapons when running than just walking away.”

Video footage

The commission then viewed footage of police officers throwing stun grenades from a helicopter.

Chaskalson said there was little resemblance between what was shown on the video and what Venter had told the commission in a statement.

According to her statement, a group of protesters armed with knobkerries, pangas, and guns stormed the police.

“What I would say is that this is what she is saying. We can’t see what she was seeing and it would be very wrong of me to think on her behalf,” Scott responded on Monday.

“Obviously, she would need to testify and tell the commission why she was throwing those grenades.”

Chaskalson asked whether Scott had been informed about the incident in which the strikers had “stormed members of the SA Police Service [SAPS]”.

He replied that he had not heard about it.

The commission, which is sitting in Centurion, is investigating the circumstances surrounding the deaths of 44 people during the unrest at Marikana.

Thirty-four people were shot dead, almost all of them striking mineworkers, on 16 August 2012, while police were trying to disperse them.

Ten people, including two policemen and two security officers, were killed in the preceding week.

The public hearings continue.

– SAPA

Johannesburg – An unlicensed school transport driver was fined R2 300 for taking 21 children to school in an unroadworthy vehicle, Ekurhuleni metro police said on Tuesday.

The Toyota Venture was caught on Monday driving in the emergency lane on Leondale Road in Katlehong, said Chief Superintendent Wilfred Kgasago.

The vehicle was transporting pupils aged between 4 and 10.

“It was found with defective brakes, non-functional door handles and passenger windows, smooth tyres, faulty steering, and all lights not in working order,” Kgasago said.

Police also discovered that the 25-year-old driver did not have a valid driver’s licence. He was then fined.

Kgasago urged parents and teachers to ensure that children were transported in roadworthy and suitable vehicles.

He said unroadworthy vehicles should be reported to the authorities.

– SAPA

Johannesburg – Advocate Paul Hoffman is taking advice on the Judicial Conduct Committee’s dismissal of his complaint about Chief Justice Mogoeng Mogoeng’s remarks on transformation, he said on Tuesday.

“I have studied [the decision] and I’m taking advice. I am now waiting for that advice”, said Hoffman, who is director of the Institute for Accountability in Southern Africa.

He was speaking after the committee’s finding was announced on Tuesday.

The Judicial Service Commission (JSC) informed Mogoeng on Monday that a two-member panel had decided Hoffman’s complaint should be dismissed.

The complaint was made about comments Mogoeng made while addressing Advocates for Transformation in Cape Town in July, and a remark Mogoeng allegedly made to Hoffman in The Hague, also in July.

Hoffman’s complaint included allegations of contempt of court and of attempting to defeat the ends of justice, which could be construed as gross misconduct.

The institute contended that this could constitute grounds to justify Mogoeng’s impeachment.

In Mogoeng’s Cape Town speech on transformation he was reported as saying: “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’.”

In The Hague, he allegedly said to Hoffman: “You can continue to challenge me, but you will continue to be frustrated”.

Findings

The committee’s panel found that the complaint did not fall within the parameters of Section 14(4) of the Judicial Service Commission Act.

Section 15(2) of the act stipulates that complaints against judges, which do not fall within the parameters of Section 14(4) should be summarily dismissed.

“It was perfectly legitimate for [Mogoeng] to participate in a debate about transformation of the judiciary and to express his views on what he perceives to be resistance to it,” the panel said in its report.

“His frankly expressed views were bound to sit uncomfortably with sections of the legal profession and the judiciary, but that cannot be said to undermine the standing and integrity of the judiciary.”

The panel also found that, as head of the judiciary, Mogoeng could not avoid participating in discourse around transformation of the legal profession and the judiciary.

It found Hoffman’s complaint that Mogoeng had descended into the political arena as “rather disingenuous”.

“As head of the Judicial Services Commission, he was not only entitled to articulate the views and position of this body on the matter, but also to defend it.”

The panel found there was no basis for Hoffman’s complaint that Mogoeng was in contempt of court or attempting to defeat the ends of justice, as Mogoeng did not mention a particular case in his speech.

Regarding Hoffman’s complaint about the comment Mogoeng allegedly made in The Hague, the panel said that without context the words were meaningless.

“The complaint that the remark constitutes a violation of some or other constitutional right is simply far-fetched.”

“… The complainant [Hoffman] cannot engage in what appears to be provocative conduct towards the respondent [Mogoeng] and then turn around and complain that the resultant confrontation will prejudice his future appearances before the Constitutional Court.”

– SAPA

Johannesburg – The ANCYL apologised on Tuesday to everyone it has wronged and insulted in the recent past.

“It is important that on this special occasion, we offer a public apology to everyone who was insulted and wronged by the organisation,” ANC Youth League national task team convenor Mzwandile Masina said on Tuesday.

He was speaking at the ANCYL’s 69th anniversary celebration in Johannesburg.

“The ANC finds itself in courts as a result of our actions. More recently, we lost a case lodged by a journalist at The Star newspaper, who was called a drunk by this very organisation of ours,” said Masina.

The ANCYL did not have the money to pay the journalist, but could only offer a “sincere apology”.

Masina called on members to refrain from making “reckless” statements in the name of the ANCYL.

“Being militant for the sake of being militant does not help us, comrades. We apologise because we think that it is revolutionary that we do so.”

– SAPA

By Obakeng Maje

Jan Kempdorp-Two police Constables were arrested last night by a team of police units(Hartswater Crime Intelligence and Protection Services, Kimberley Crime Combating Unit, Detectives from Jan Kempdorp and the National Prosecuting Authority Northern Cape) in a planned operation whereby information was received that a shop in the area was going to be broken into during the night.

“In a carefully planned operation, the team set a trap to catch the alleged suspects” lieutenant Donald Mdhluli said. 

Undercover  police officials laid in wait inside the shop for the suspects.  

“At about 23:30, police inside the shop heard voices on the roof and alarm wires were cut. At about 01:30, this morning noises could be heard once again” Mdhluli said. 

The shop was allegedly broken into and police swooped in on the suspects. 

Police said four suspects (two civilians) were arrested. 

A fleeing suspect was shot in his leg by police. 

He was taken to hospital for treatment.

“They were detained on charges of House breaking(business) and possession of unlicensed firearm. “A 38 revolver was confiscated and are expected to appear in the Jan Kempdorp Magistrates’ Court tomorrow” he said.

The matter will be further investigated by the Independent Police Investigative Directorate (IPID).-TDN

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Gordon Igesund will be keen to make it a dozen victories since taking over the reins as Bafana Bafana head coach when his team faces neighbours Zimbabwe in a friendly tonight.

Following the disappointment of failing to progress further in the 2014 World Cup qualifiers, Igesund will not only be seeking his 12th win in the 23 games that he has been in charge of, but will also use the upcoming match at Orlando Stadium to test the inexperienced players in his squad.

“Confidence is high and the players are in good spirits and we are raring to go and looking forward to what will hopefully be a lovely game,” Igesund says. 

“I brought Darren Keet to be assessed and so he will get some game-time because I have only read about how well he is doing and so now is the time to see him in action. 

“There is definitely going to be a lot of changes because all the overseas-based players are not here anymore.”

Goalkeeper Darren Keet is set to make his debut, while Buhle Mkhwanazi, Thulani Hlatshwayo, Tshepo Gumede and Lebogang Manyama are also expected to get a run in Soweto.

For more http://www.kickoff.com

Johannesburg – President Jacob Zuma has congratulated Tony Abbott on his election as prime minister-elect of Australia, the international relations department said on Tuesday.

“President Zuma wished Mr Abbott well in his new position, and reconfirmed his appreciation of the warm and close relations that exist between South Africa and Australia,” spokesperson Clayson Monyela said in a statement.

News agency Agence France-Presse reported that Abbott was elected the country’s next leader on Saturday.

Zuma said the South African government looked forward to strengthening political and economic ties with Australia under its new government.

“In addition, President Zuma wished Mr Abbott well with the international leadership role that Australia will take in the coming months…” Monyela said.

This included its role as chair of the Indian Ocean Rim Association for Regional Co-operation, president of the United Nations Security Council, and its role in the G20 summit next year.

Zuma assured Abbott of South Africa’s support in these forums.

SAPA

Johannesburg – Two police officers accused of theft and unlawful possession of ammunition appeared in the Mount Frere Magistrate’s Court, the Eastern Cape human settlements, safety, and liaison department said on Tuesday.

They appeared on Monday and the case was postponed to Thursday for a bail application, spokesperson Lwandile Sicwetsha said.

The two officers would remain in custody until their next appearance.

Sicwetsha said the officers were arrested on Thursday last week near a police van loaded with 10 bags of dagga.

This was after an investigation regarding the theft of dagga at the Mount Frere police station.

“One of the officers was found in possession of ammunition,” Sicwetsha said.

Human settlements, safety, and liaison MEC Helen Sauls-August welcomed their arrest.

She commended police for helping root out corruption.

SAPA

Johannesburg – Numsa’s application to have Cosatu general secretary Zwelinzima Vavi’s suspension overturned was postponed by the South Gauteng High Court in Johannesburg on Tuesday after an application by opposing unions to intervene was allowed.

Addressing the unions present in court, Craig Watt-Pringle SC, for the intervening unions, said it had been agreed that the application be postponed indefinitely to allow them to file affidavits.

“The intervening unions have been allowed to intervene. The matter is likely to be set down for 8 October,” he said.

The National Union of Metalworkers of SA (Numsa) was expected to file an opposing affidavit by 2 October.

The intervening unions are the National Union of Mineworkers, the SA Democratic Teachers’ Union, the Police and Prisons Civil Rights Union, the SA Transport and Allied Workers’ Union, the National Education, Health and Allied Workers’ Union, the Finance Union, and the Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union.

The court was packed with people wearing the T-shirts of various unions, including Numsa, the Food, and Allied Workers’ Union, and the Congress of SA Trade Unions (Cosatu).

Numsa general secretary Irvin Jim was present and stood outside before the proceedings started.

During an adjournment, Jim spoke to Cosatu president Sidumo Dlamini.

Vavi was suspended last month for bringing Cosatu into disrepute after he admitted to having an affair with an employee.

In court papers, Numsa called Vavi’s suspension “unconstitutional and unprecedented”.

Fawu and the SA Football Players’ Union are listed as co-applicants in Numsa’s court action.

There was no sign of Vavi on Tuesday morning.

SAPA

By Obakeng Maje

TAUNG-The North West Cultural Calabash launch will take place on Thursday at Mmabana Taung, North West department of Sports, Art and Culture MEC Tebogo Modise said.

“As we celebrate our heritage in our country, the Department of Sport, Arts and Culture extend an invitation to the launch of the North West Cultural Calabash” departmental spokesperson Shirley Montsho said. 

The Cultural Calabash has taken place in this area and drew

attention from different walks of South Africa including as far as

Botswana.

And has more than ten years in existence,but we have seen in recent

years rather to say losing its sparks and change of venues.

It started been hosted in Mmabana Taung,then being removed to Taung

Cover ground.

And two years ago the event never took place resulting rumours that it has

been moved from the area,but the CEO and co-ordinator of the event mr

AB Mogashoa dispute that the event has in any way being removed from

the area.

“The Cultural Calabash has never been removed from the area,so i will tell you that the event belongs to all North-West people at large and

is been hosted in Taung for more than a decade. And i can also confirm that the event will take place this year” he told us then.

The North Wet Cultural Calabash will take place in the rural village

of Taung,home of the famous Taung child skull found in the early 20th

century.

The Calabash is a multi -disciplined youth arts festival which include

Local and District Sections,as well as a Provincial Festival held

annually in the North West Province and culminating in the village of

Taung and aimed at an adult audience.

The department said even though the event will take place in

September,the date and featured artists who will grace the event will be revealed during the launch. 

“North West Cultural Calabash is a platform for cultural display of all artistic genres such as visual arts, music, drama and poetry to mention but a few” Montsho said. The department said The programme for the festival as well as that of heritage will also be revealed to the media. “National and local media have been invited to the festival and are expected to paint Taung with their music” she said.

The event normally is contested in three components,which is Amateurs

and semi-professinal artists audition during April/May in twenty two

municipal districts of the Province.

The best of these are then showcased at four district events held in

the main towns of the provinceduring July.

In September,the winner in each of the categories compete at the Main

Event in Taung.

Date: 12 September 2013

Venue: Mmabana Taung

Time: 09h00  

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