NYDA to decide on Labour Court appeal


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Johannesburg – The NYDA will study a ruling by the Labour Court in Johannesburg that it reinstate its axed CEO Steven Ngubeni, and decide whether or not to appeal it, the agency’s board said on Monday.

“The National Youth Development Agency [NYDA] board has noted the outcome of the… court judgment on the issue of Mr Steven Ngubeni,” it said in a statement.

“The board is still to apply itself to the findings of the court. The board will then take a decision as to whether to appeal the decision or not.”

Judge Andre van Niekerk said on Monday the decision by the NYDA to fire Ngubeni was in breach of his contract of employment.

“The termination of employment is set aside and the applicant [Ngubeni] is reinstated in the first respondent’s [NYDA’s] employ until there has been compliance with clause 10.1 [of the contract],” the judgment reads.

The NYDA was ordered to pay the costs of the proceedings.

Clause 10.1 of the contract stated employees could be fired after a disciplinary hearing found them guilty, if they committed a “breach of material obligation”, or if they were found guilty of any act which would entitle the NYDA to terminate their employment.

Ngubeni sacked

On 8 October, the NYDA board decided to fire Ngubeni after it came to the conclusion he was guilty of financial mismanagement and gross dereliction of duty.

“The decision was taken in circumstances where an independently chaired inquiry, initiated by the NYDA and appointed to hear the case against Ngubeni, had not yet completed its work,” the judgment reads.

Ngubeni reportedly faced seven charges related to signing off loans later converted to grants in three projects valued at over R30m, before the approval of the board.

According to the judgment, Ngubeni sought an order reinstating him so that the inquiry could continue, and it could be determined whether he was guilty of the charges.

Termination of contract

The NYDA argued that it acted within its powers in the termination of the contract.

It argued that a disciplinary inquiry should only be applicable to the first category in the clause.

Ngubeni argued that an employee could be fired in any of the three instances.

However, this could only be done after disciplinary procedures were allowed for all the categories.

“In my view, the interpretation proffered by Ngubeni must prevail,” Van Niekerk said in the judgment.

“The purpose of fair procedure on this reading is to establish whether any of these three situations in fact exist.”

Van Niekerk said that even if he was wrong to determine that the contract allowed Ngubeni fair procedure, “the fact remains that the NYDA’s letter to Ngubeni on 27 July offered him a hearing on specific terms”.

– SAPA

Back to school for senior govt managers


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Johannesburg – Senior managers in government will get comprehensive training on how to follow procedures when taking disciplinary steps against errant civil servants, Professor Job Mokgoro, the new head of the SA School of Government has said.
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Forensic auditor’s killing was a hit – Cosatu


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Johannesburg – The killing of Lawrence Moepi, a forensic director for an auditing firm, appeared to be a hit, Cosatu said on Monday.

“The police must act swiftly to arrest the four perpetrators of what was clearly a targeted hit, and their investigation must not stop at those who pulled the trigger and drove the getaway car, but must discover those who sent them and on whose behalf,” Cosatu spokesperson Patrick Craven said in a statement.

Moepi was shot dead at SizweNtsalubaGobodo’s Houghton offices on Friday. It was believed that he was followed there by men in a Volkswagen Golf. Nothing was stolen.

Earlier, police spokesperson Lungelo Dlamini said the police investigation had not yet established the motive for the crime.

Moepi was reportedly working on several investigations.

In a statement on its website, SizweNtsalubaGobodo said Moepi had worked closely with the police’s commercial crime unit and the now defunct Directorate of Special Operations, known as the Scorpions.

In his capacity as PricewaterhouseCoopers forensic services director, Moepi testified in the fraud trial of former Scorpions official Geoffrey Ledwaba.

Business Day Live reported that he had been appointed to work on the probe into the country’s multi-billion rand arms deal.

The Sunday Independent reported that Moepi was an integral part of the team investigating the sale of Cosatu’s headquarters in Braamfontein, Johannesburg, which was allegedly sold for R10m less than its market value.

Killing condemned

Moepi’s killing was also condemned by the Association for the Advancement of Black Accountants of SA (Abasa) on Monday.

“We strongly condemn such cowardly acts where members of our profession are threatened and ultimately killed for just performing their job,” it said in a statement.

Abasa appealed to its members to continue their work “without fear or favour for the sake of our country, even when under threat”.

“The profession has lost a prominent, well-respected leader within the forensic audit space.”

SA Institute of Chartered Accountants (Saica) CEO Matsobane Matlwa said in a statement: “The institute, on behalf of the chartered accountancy profession, deeply regrets the unfortunate event which prematurely took the life of one of our esteemed members.”

He said he had offered the institute’s support to the management of SizweNtsalubaGobodo in addressing the circumstances behind the murder.

Saica, Abasa and Cosatu extended their condolences to Moepi’s family, friends and colleagues.

– SAPA

Hartswater men arrested for armed robbery


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By Obakeng Maje
Hartswater- Northern Cape police are investigating a case of armed robbery after two males aged 19 and 36 were allegedly arrested in Hartswater on Sunday.
Police received a complaint of three unknown men who are robbing persons off their cellularphones, money and jewellery outside tavern.

Lieutenant Sergio Kocxk said were the suspects were allegedly armed with firearms and they fired one shot in the Thagadipelajang area.

“Police followed up on information and arrested two of the three suspects at a tavern in Bonita Park at 16:30pm. The police searched them and found two firearms, seven magazines, ammunition, a gold ring, 3 cellular phones and watches on their person” lieutenant Sergio Kock said.

The third suspect is still at large. The two men will be appearing in the Hartswater Magistrates’ Court soon.
The investigation continues.-TDN
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A woman busted for dealing with drugs


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By Obakeng Maje
Roodepan- The SAPS Public Order Policing Unit allegedly caught a woman in the act while busy packaging dagga in her shack in Ivory Park, Roodepan. The police followed up on information of drug sales at the premises and pounced on the 25 year-old female suspect on Monday at approximately 13:30pm.
”The police searched the shack and found 30 small plastic bags of tik, 40 full mandrax tablets, 8 half mandrax tablets and 3 quarter mandrax tablets inside a black box which was hidden inside a cupboard” lieutenant Sergio Kock said.
The street value for the shopping bag of dagga is estimated at R700, 00, the mandrax is R5000, 00 and the tik is approximately R3000, 00.
The suspect was charged with dealing in drugs and should be appearing in the Galeshewe Magistrates’ Court soon.
The investigation continues. –TDN
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Bafana Bafana coach mourns Keryn Jordan


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Bafana Bafana coach Gordon Igesund has described the late Keryn Jordan as a player whose contribution on the field of play touched the lives of many people.

In a message mourning the passing away of Jordan on Monday morning (21 October 2013), Igesund said Keryn contributed a lot to the Beautiful Game with his playing style and the many goals he scored for clubs both in South Africa and New Zealand.

Igesund said on behalf of SAFA and all soccer lovers in the country, he was immensely hurt by the loss of such a young life.

Jordan was 37.

“It is with great sadness that I have heard of the passing of former Bafana Bafana player Keryn Jordan this morning. On the field, Keryn was always a player who gave 100 per cent for his team and it is not surprising that he is one of a handful of South African players to have played at the FIFA Club World Cup.

“Football is often described as The Beautiful Game and during his playing days, Keryn contributed to this beauty with his playing style and the many goals he scored for clubs both in South Africa and New Zealand.

“More importantly though, he touched the lives of many thousands of South Africans and New Zealanders with the brave way in which he fought his illness – in the process being an inspiration to many.

“My thoughts and prayers go out to Sherri and Liam and the rest of his family in these trying times,” said Igesund.-TDN
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North West SAPS to honour its members


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By Obakeng Maje
The North West Provincial Commissioner, Lieutenant General Zukiswa Mbombo will host the Annual Service Excellence Awards on the 25th October 2013 in Rustenburg.

“The purpose of the awards is to institutionalise a culture of positive behaviour and innovation, to improve service delivery as well as to boost the morale of the hard working and dedicated members of the South African Police Service” said Mbombo.

She said honouring Men and Women in Blue will encourage and motivate them in the province to achieve the organisational and personal objectives in the fight against crime.

South African Police Service members will be awarded at individual and group categories in different policing units, including Visible Policing, Detectives, Crime Intelligence and Support Services as well as the specialised units like the HAWKS and the Local Criminal Record Centre (LCRC).

“This prestigious event will assist the general public to know about the work of the good police officers who are committed and go beyond the call of duty” she said.

Mbombo said these members are the ones who live to give service to others with their lives in process.

South African citizens and people of the North West will appreciate the work done by the South African Police Service.

The event will be held as follows

Venue: Rustenburg Civic Centre: City Hall

Time 18:00

Date: 25 October 2013
TDN
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Elderly ask for help with kids


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Johannesburg – Youth unemployment and the effect of Aids are compelling many older people to become parents for a second time, Social Development Minister Bathabile Dlamini heard on Monday.

Many were looking after grandchildren orphaned by HIV-related-illnesses, or whose parents were too sick to fulfil their duties.

Other children unable to look after themselves because they were unemployed, also often sought refuge with grandparents.

Several elderly people told the minister at the first senior citizens’ parliament that they needed help from government, her department said in a statement.

The parliament was organised by the department and the Gauteng legislature.

Requests made during the meeting included better pensions, larger RDP houses for the elderly and their families, and state assistance in generating their own income to supplement grants.

To this end, the department, SA Social Security Agency (Sassa) and National Development Agency (NDA) had launched the Co-operative Shop Project.

The project aimed to link those who received social grants, especially child caregivers, to meaningful socio-economic opportunities.

“Through the project, members of co-operatives, mostly women, are assisted to supply school uniforms to schools in rural areas – a market that has been dominated by large manufacturers,” the department said.

The elderly also called on government to provide them with health and fitness facilities, and protection from abusive loan sharks. They complained that money was being deducted from their grants for micro loans and airtime without their permission.

The minister assured senior citizens her department would do everything in its power to end the real or perceived exploitation of social grant beneficiaries, especially the elderly.

– SAPA

DA: Pikoli claims proof of interference


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Johannesburg – Allegations made by former NPA head Vusi Pikoli are direct proof that the justice system is being abused for political purposes, the DA said on Monday.

“The fact that he has been prepared to make such statements publicly is to be welcomed. However, it is concerning that he is not prepared to name the individuals involved,” DA MP Debbie Schafer said in a statement.

City Press on Sunday reported that in his book Pikoli alleged he was approached by a number of people about dropping corruption charges against President Jacob Zuma.

Pikoli reportedly wrote that “those in the Zuma camp said, ‘Look man, if you can just give us a guarantee that on reinstatement you will not bring charges against the man, then the matter is straightforward’.

“They said that even if [the Ginwala Inquiry] were to recommend I be fired and the matter went to Parliament, they would simply instruct MPs not to follow the recommendation.”

Pikoli revealed that the people who approached him included provincial ANC leaders, a KwaZulu-Natal businessman and a member of the Johannesburg Bar, who approached his adviser Kalyani Pillay.

Identifying Johannesburg Bar member

Schafer said it was vital that the member of the Johannesburg Bar be identified.

“He or she could potentially stand as a judge or other position requiring the utmost integrity in future, or could already be in such a position.

“This is clearly untenable for the credibility of our justice system,” she said.

The DA would consult with its attorneys regarding the latest evidence to support its claim that the decision to drop the charges against Zuma was politically motivated.

The party would also continue its efforts to get access to the so-called spy tapes and other documents relating to the corruption case.

The tapes, and transcripts and other documents, relate to the 2009 National Prosecuting Authority’s (NPA) decision to drop corruption charges against Zuma.

Last month, Zuma was granted leave to appeal by the South Gauteng High Court in Johannesburg against the order to release the tapes.

– SAPA

Decriminalisation of prostitution remains on agenda


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Cape Town – The possible decriminalisation of prostitution will remain on the agenda of the newly appointed SA Law Reform Commission (SALRC), President Jacob Zuma said on Monday.

The commission has been working on “Project 107”, which deals with sex work, for over a decade, he said in written reply to a parliamentary question.

“Research on the various projects of the commission as was approved by the previous commission continues unabated,” Zuma said.

“This research is done by a team of full time researchers who have been assigned to the commission.”

Last year the ANC Women’s League (ANCWL) supported decriminalising the sex trade for adult prostitutes, saying it would ensure a safer working environment, and prevent police officers from victimising them.

This year the Commission for Gender Equality gave its support to decriminalisation, saying it would offer better protection for prostitutes.

A report by SALRC researchers proposes four options for the new commission to consider: decriminalisation, regulation, partial criminalisation, and total criminalisation.

– SAPA