Bloemfontein – A Bloemfontein mother who repeatedly raped her son should be jailed for life, the Bloemfontein Sexual Offences Court heard on Wednesday.

Magistrate Jan Greyvenstein was hearing argument in the sentencing of the woman, who raped her son between the ages of 11

and 17.

Prosecutor Louis York told the court this had been one of the most difficult cases in which to suggest a sentencing option.

“The State agrees to the psychological problems. She had a difficult youth, but she had a choice not to take it out on her own boy, despite the difficulty of her own life,” he argued.

The woman admitted having had sex with the boy without his consent. She confessed to raping him from December 2007 to January this year.

The State contended that the fact that the crime was committed within a close family circle, over a period of several years, outweighed any mitigating aspects.

“I feel sorry for her, just like anybody else, but this type of crime must be looked at seriously, even for first time offenders…. We must ask for life imprisonment,” York said.

He said the woman’s name should also be included in the sexual offences register.

The woman, with grey, shoulder-length hair, sat in the dock looking down at her hands during most of the argument on Wednesday. From time to time, she wiped her face with a handkerchief.

The court heard earlier that she had herself been sexually abused for several years.

Her counsel Themba Diba told the court she was also a victim in the case.

However, York argued that it had become a trend in family abuse cases for perpetrators to argue that they had been victims and had therefore done the same to somebody else.

“There is no way that what happened to the boy could be used by the accused as an excuse as to what happened to her.”

York argued that the mother’s abuse should be seen as aggravating because she knew what the effects of the abuse would be.

The State submitted there was nothing more repulsive to the general public than a parent having sex with their own child.

“There cannot be any guilt laid at the feet of the boy. He did nothing wrong in this matter.”

Arguing in mitigation, Diba submitted that the woman confessed when she was arrested, which was a sign of remorse.

Diba asked the court not to consider a sentence of life imprisonment.

He said the woman could not be “sacrificed” for all serious sexual crimes.

He contended that both the mother and the youth needed serious help and he suggested a short prison term with correctional supervision.

The matter continues next Wednesday.

Sapa

Pretoria – Two Mozambican men were jailed for life by the High Court in Pretoria on Wednesday for killing a student in Sunnyside three years ago.

Judge Bert Bam sentenced Ebrahim Mitchell Goulap and Paul Samuel to life imprisonment, along with local citizen Tebogo Mapeka Modise, for the February 2010 murder of Rifarothe Tshililo Tshikororo.

Goulap was sentenced to an additional 41 years’ imprisonment for robbing Tshikororo and his girlfriend of two cellphones and a laptop computer, and for unlawful possession of firearms and ammunition.

Samuel and Modise were each given an extra 30 years’ imprisonment for robbing Tshikororo and another man, Yusuf Hawazi, at a house in Pretoria West just three days later.

A fourth alleged member of the gang, Tebogo Mothola, is still being sought by the police after skipping bail earlier this year.

Tshikororo, an honours student who had completed an exam that morning, was socialising with friends at his girlfriend’s flat in Sunnyside when the gang entered through the unlocked door and ordered everyone to lie down.

Tshikororo was in the process of rising from the couch when he was shot.

His friends rushed him to a nearby hospital, but he was pronounced dead on arrival because of a gunshot wound to the chest.

Hawazi was shot in the leg and had to run for his life when Samuel and Modise robbed him of his cellphone and cash.

Bam said Hawazi was fortunate to escape with his life and the trauma he experienced was self-evident.

He said the robbery at the Sunnyside flat had no doubt been planned in advance.

“They came prepared and did not hesitate to kill the deceased in the process.

“It appears that robbers of the calibre of the accused do not have any respect for life.

“They killed the deceased… and did not hesitate to handle Hawazi and shoot him.

“Goulap and Samuel are Mozambicans. Our government extended a hand of friendship to them by granting them the right to stay in this country.

“They clearly abused that courtesy of the government by committing serious crimes in this case and even in the past,” he said.

Bam said Modise was a South African and it begged explanation why he became involved, because he did not have financial problems, he was qualified for several occupations and was apparently involved in a lucrative family business.

“The only inference that can be drawn is that he is inherently evil and by nature a criminal,” Bam said.

He emphasised that none of the accused had shown any remorse at all and, by their conduct, ruled out any possibility of rehabilitation.

“The accused are mature men over the age of 30. They elected to follow criminal careers. They are clearly dangerous criminals and should be removed from society permanently,” Bam said.

Tshikororo’s mother Moreti described her son as a peaceful man who loved studying and who helped others to turn away from crime.

She said she was still praying for her son, that his exams had gone well, but barely two hours later he was dead.

“I sometimes ask myself why the child I loved so much was taken away. Maybe it was because I loved him too much?”

Sapa

Bloemfontein – The Hawks have arrested a man in Kroonstad for drug dealing, Free State police said on Wednesday.

The Nigerian man was caught in Kroon Park on Tuesday evening and was found in possession of ecstasy and cat (methcathinone) with an estimated street value of R33 500, Captain Stephen Thakeng said.

Police impounded two cars. The man allegedly used one for drug dealing, the other one was stolen in Welkom in August.

The man would appear soon in the Kroonstad Magistrate’s Court.

Sapa

Cape Town – The ANC must dismiss councillor Loyiso Nkohla for inciting the violence that occurred in the Cape Town CBD on Wednesday, the DA said.

“The actions by members and supporters of the ANC Youth League, led by ANC councillor Loyiso Nkohla and expelled ANC councillor Andile Lili today (Wednesday) are pure vandalism and thuggery,” Democratic Alliance Western Cape leader Ivan Meyer said in a statement.

“The DA condemns this in the strongest terms.”

Earlier on Wednesday, African National Congress Youth League Western Cape spokesman Muhammad Khalid Sayed said in a statement that there was no justification for the criminal activity in the CBD.

“Those responsible should be held accountable for their actions,” he said.

“No amount of frustration can be used as an excuse to harbour and protect thieves and looters.”

It was sad that the legitimate plight of people demanding quality service delivery and access to land was vulgarised by thugs hiding among people with legitimate concerns.

Some protesters looted shops and vendors, and damaged property during a protest in the CBD, said Captain Frederick van Wyk.

He said it appeared around 3500 people took part in the protest. No arrests had been made.

According to a newspaper report, Meyer said Nkohla had urged residents in a number of informal settlements to loot the CBD and start erecting illegal structures in and around the city.

“He was quoted saying: ‘You will not have to go hungry because there are so many places that you can loot in the CBD. The police can’t arrest us all because there will be too many of us’ at a public meeting held in Nyanga over the weekend,” he said.

The DA would lay a charge of incitement to commit a crime against Nkohla in light of the inflammatory statements he had made and the violence and looting in the CBD.

He said that, given the Constitutional Court ruling that the organisers of a march or gathering could be held liable for damage caused, the organisers of Wednesday’s march should also be held responsible for the damage caused.

“Today’s protest march to the 1/8provincial 3/8 legislature in itself was purely political grandstanding,” said Meyer.

“The leaders of the march claim it was in reaction to not receiving satisfactory response from the department of human settlement to earlier grievances.”

Rather, human settlements MEC Bonginkosi Madikizela at the time had requested that more information be provided regarding their concerns so that the department could investigate and report back to them.

“Although the group undertook to submit a revised memorandum, they never did so,” Meyer said.

“What happened during the protest march, namely the looting of shops and informal vendors in the city centre, was shocking.”

It was proof that the marchers’ actions were all part of the ANC’s ongoing ungovernability campaign in the Western Cape.

The ANC in the Western Cape was not available for comment.

Sapa

Johannesburg – An initiative to make schools safer was launched at Mosupatsela Secondary School in Kagiso on Wednesday by the Gauteng education department, the police and Crime Line.

Crime had no place in schools, Gauteng education MEC Barbara Creecy said at the launch.

“We want you to report any form of violence, whether it be bullying, physical and sexual assault and corporal punishment in your school,” she told pupils.

“… The police can’t be everywhere, but you are there and you have a lot of information about criminal activity.”

The Young Crime Liners initiative would be rolled out school-by-school in the province.

“Children are often afraid to report certain crimes for a variety of reasons, but we are offering them a chance to speak up within a safe environment,” said Crime Line head Yusuf Abramjee.

Sapa

Johannesburg – Calls for the suspension of national police commissioner Riah Phiyega are irresponsible, ANC Chief Whip Stone Sizani said on Wednesday.

He accused the DA of seeing “every development in the police department as a political points-scoring opportunity”.

“It is a destructive and opportunistic form of opposition as it runs counter to our ongoing effort of building a stable and efficient police service through a constructive parliamentary oversight.”

The DA on Tuesday said Phiyega should be suspended pending the outcome of a probe into allegations that she defeated the ends of justice.

DA MP Dianne Kohler-Barnard said there were grounds for suspension, under the Labour Relations Act, if an employee was implicated in misconduct, if there was prima facie evidence of guilt, and if the employee could unfairly influence a probe.

Stone said this call for her suspension was “plain politicking devoid of any sound factual foundation”.

The Independent Police Investigative Directorate (IPID) said on Tuesday it would investigate the allegations against Phiyega.

Phiyega is accused of tipping off Western Cape police commissioner Lieutenant General Arno Lamoer about investigations against him.

Police Minister Nathi Mthethwa on Wednesday said the IPID should be given time to probe the allegations.

Once it had finalised them it would send a report to Mthethwa with recommendations.

According to reports, Phiyega told Lamoer on three occasions that she was aware he was under investigation.

Recorded conversation

The Sunday Independent reported that their telephone conversations had been legally recorded by crime intelligence operatives monitoring Lamoer’s calls.

He was allegedly associated with a Cape Town drug-dealer and well-known businessman.

In the conversations, Phiyega reportedly made Lamoer aware of similar allegations by Hawks boss Anwa Dramat.

According to the report, the disclosures outraged crime intelligence operatives, who had threatened to lay criminal charges against Phiyega. Phiyega has denied tipping Lamoer off.

On Tuesday, Phiyega’s spokesperson Lieutenant General Solomon Makgale said the commissioner welcomed the probe.

“The national commissioner still maintain[s] that she committed no crime,” he said.

– SAPA

Johannesburg – The Gauteng infrastructure development department has delayed payments to 129 service providers working for the health department, the DA said on Wednesday.

“This was revealed [on Tuesday] by Infrastructure Development MEC Qedani Mahlangu in response to my questions in the Gauteng legislature,” DA spokesperson Jack Bloom said in a statement.

He said 88 of the companies were not paid within 30 days as required by law, and 41 service providers were owed money for more than 90 days.

“This is a shocking pattern of late payments that has caused much of the delay in building and maintaining clinics and hospitals in Gauteng.”

Bloom said the problem was caused by the delay in transferring money from the health to the infrastructure development department that paid the companies.

The health department declined to comment.

Infrastructure development department spokesperson Athi Geleba said comment would be provided later.

– SAPA

Johannesburg – Efforts to clean up Bekkersdal, outside Westonaria were under way on Wednesday following days of protests, the Westonaria local municipality said.

Burnt tyres, rocks, tree stumps and other debris were left on most of the main streets following the unrest.

Locals had been calling for better service delivery and for the removal of their mayor.

Municipal spokesperson Kgabane Madiehe said the Paul Nel Hall, local gymnasium, municipal offices, and Bekkersdal hub were damaged, and litter strewn across pavements and streets.

“The first thing council decided to do in terms of bringing normality was to embark on the clean-up of the community early this morning,” he said.

He called on Bekkersdal residents to help the municipality clean up.

The township was quieter on Wednesday following an announcement by Gauteng Premier Nomvula Mokonyane on Tuesday that she had plans to develop the townships around Westonaria and Randfontein.

“We have plans in place. We are going to [work] very vigorously on the West Rand,” she told reporters in Johannesburg.

She said the plan was for Mogale City to be the anchor of future development. She appealed to the public to rally behind the programmes. She admitted that the process would be tough.

“The immediate reality is that the revenue is very thin. We need everyone to help. The future of the West Rand will depend on the three spheres of government.”

She said the damage to government property in the area would be a setback to service delivery and would put a strain on future plans.

“It [damage to property] is a setback because resources that could have gone to development will have to be used to repair the damages.”

Development plans

Mokonyane, West Rand Mayor Mpho Nawa, Gauteng Economic Development MEC Mxolisi Xhayiya and Westonaria Mayor Nonkoliso Tundzi said the announcement about the development plans was not triggered by the protests.

Mokonyane also announced the establishment of an intergovernmental task team to improve Westonaria.

“This team will work closely with the Westonaria local municipality to deal with governance issues and setting up of sound management practices,” she said.

The team would remodel the municipality’s credit control system, implement a functional billing system, and review the indigent policy.

Neighbouring municipalities would provide additional capacity. She noted allegations of mismanagement, fraud and corruption against the municipality and urged residents to petition their public representatives in the Gauteng legislature.

– SAPA

Johannesburg – Two KwaZulu-Natal men appeared in the Richmond Magistrate’s Court on Wednesday in connection with the murder of a farmer, police said.

Jabulani Ngobese, 28, and Siboniso Mtolo, 27, were arrested on Monday in connection with the murder of Michael Hampson near Mid Illovo, police spokesperson Thulani Zwane said.

“On 27 September around 13:30, Michael Hampson, from Eston farm near Mid Illovo, was in his bakkie with his son when they were allegedly attacked by two suspects.

“Hampson was shot and killed instantly. The suspects fled the scene with his shotgun that was allegedly used to kill him.”

Hampson’s son was not injured during the attack.

The matter was postponed to next Wednesday. The men would remain in police custody.

Community Safety MEC Willies Mchunu welcomed the arrests.

“Let those who have made it their work to commit criminal activities in the province be warned that they cannot escape the long arm of law and justice,” he said.

“We urge members of the community to work with the police to ensure that those rotten apples that harass our communities are removed from the society.”

– SAPA

Johannesburg – Former NYDA boss Andile Lungisa, accused of defrauding the arts and culture department, said on Wednesday he respected Sports Minister Fikile Mbalula.

“I don’t have any ill-feelings against him or anyone,” said Lungisa.

“I have respect for comrade Mbalula.”

Lungisa was speaking outside the Johannesburg Special Commercialised Crimes Court after he and three co-accused – his wife Ursula Sali, Thabo Shogolo, and Xolisile Guquza – appeared for fraud and money-laundering.

R Kelly concert

They allegedly accepted and shared among themselves the R2.5m paid by the arts and culture department for US singer R Kelly to perform at the Nelson Mandela Sports Day concert in August.

Kelly, however, did not perform and his management claimed to be unaware of the gig.

At the time, Mbalula said this act was committed by people who wanted to get rich “in a split of a second” by lying to the department.

Earlier this month, Lungisa’s lawyer Thabo Kwinana told reporters there had been political interference in the case.

“All that I’m saying is that pressure has been put to bear on the police and [the National Prosecuting Authority] to act against the accused in a civil matter and which has been turned to become a criminal matter,” he said.

He claimed a government minister had sent reporters text messages informing them to be in court for the hearing.

“One national minister has tipped off the media to come to the hearing and the people who have been tipped off know who that minister is,” he said.

An age old vendetta – Lungisa

At the time, Lungisa named the politician as Mbalula and accused him of instructing the prosecution to oppose bail.

He claimed Mbalula was waging an old vendetta against him arising from his opposition to Mbalula’s nomination as African National Congress secretary general at the party’s elective conference in Mangaung last year.

Mbalula has denied the allegations.

“I am shocked and dismayed at Andile Lungisa’s unprovoked attack and diatribe against me,” Mbalula said in a statement at the time.

Lungisa has since requested that he be relieved of his political duties as an ANC Eastern Cape executive committee member while he deals with the charges against him.

On Wednesday, he said he wanted the political work to continue without him.

He said he had faith in the country’s courts and that the matter would be resolved.
“We respect this process,” said Lungisa.

The case was postponed to 15 November.

Lundisa, Shogolo, and Guquza are out on bail. Sali was released on a warning.

– SAPA