Johannesburg – A woman has died after being overcome with emotion watching her granddaughter win R250 000 in a dance competition on TV, the show’s producer said on Tuesday.

The executive producer of South Africa’s version of So You Think You Can Dance, Ed Worster, said 72-year-old Beatrice Tshibika, from Khayelitsha, collapsed while watching Sibahle Tshibika being crowned the show’s winner in an episode broadcast on Saturday.

“We are very saddened to hear of your recent loss and would like to express our sincere condolences to you and your family, Sibahle,” read a message on the show’s official Facebook page.

Sibahle, 23, who has lived in a shack all her life, has promised to build her family a house with her winnings, the Daily Sun reported.

– AFP

Johannesburg – The assets of an Umhlanga couple accused of fraudulently winning tenders worth over R26m were preserved by the KwaZulu-Natal High Court in Pietermaritzburg on Tuesday.

Judge Johann Ploos van Amstel ordered that the assets of Shamla and Ravan Chetty be preserved, as a possible precursor to the assets being forfeited to the state.

They were awarded tenders by the KwaZulu-Natal and Eastern Cape public works departments by allegedly using fraudulent documents and bribing officials to verify the legitimacy of the documents.

An employee of the Construction Industry Development Board was also allegedly paid to verify the couple’s associate company as legitimate.

Kenneth Samuel, of the KwaZulu-Natal directorate of public prosecutions, said the value of the tenders awarded was R26.9m.

The couple were expected to face charges in the Durban Commercial Crime Court.

A property in Harrier Crescent, Umhlanga, other properties in the Durban area, a Porsche Cayenne, a Mercedes Benz, and 15 other cars were listed as the couple’s assets.

– SAPA

Johannesburg – Police did not know the whereabouts of businessman Radovan Krejcir following a bomb explosion outside a shop he owns near the Eastgate shopping centre, in Bedfordview, late Tuesday afternoon.

“The scene is still on lock down. Our forensic experts and the bomb squad are still combing the scene,” police spokesperson Neville Malila told reporters.

Malila said police did not know whether there were still explosives inside the Money Point shop.

Ekurhuleni emergency services spokesperson William Ntladi said earlier that two people were killed, three were critically injured and two others suffered minor injuries.

The injured were taken to Bedford Gardens Hospital.

Malila said that while the information police had was limited, it was believed a person walked into the shop with a bag, with the bomb inside it.

“Shortly afterwards there was an explosion.”

He did not know how many people were inside the shop at the time of the explosion and police would go to the hospital to interview the injured.

‘Mafia tactics’

A Sapa reporter on the scene said bystanders were unwilling to speak to reporters as they feared “mafia tactics”.

The explosion took place on the corner of Bradford and Nicol roads, with the intersection closed off to traffic and cordoned off by police.

Eyewitness News reported that the two men killed were close associates of Krejcir, who is currently fighting his extradition to the Czech Republic where he is facing a prison sentence.

Sapa was unable to contact Krecjir.

In July, Krejcir was the target of an apparent bid to kill him outside his Bedfordview office.

“It is alleged that he [Krejcir] arrived at the premises and parked his vehicle,” police spokesperson Lungelo Dlamini said at the time.

“As he was leaving the parking spot, an explosive device was detonated from the back of a vehicle, a VW Polo, parked opposite his vehicle.”

Krejcir escaped unharmed.

That blast, in the parking lot of the Money Point gold and diamond exchange’s head office, where Tuesday’s blast also took place in Bedfordview, left several holes in Krejcir’s car.

The VW Polo was stolen in Brixton, Johannesburg, in April.

Krejcir said he heard noises, like bullets being fired, from a car he parked next to.

“I managed to get away and saved my life… someone out there tried to kill me,” Krejcir told Sapa at the time.

Break-in

About three weeks earlier, Krejcir’s Bedfordview business was broken into and jewellery worth R3m was stolen.

“It is on the same premises where an attempt to kill him was executed. On 3 July, unknown suspects broke into the premises through the roof, cut open a safe, and stole jewellery worth approximately R3m,” Dlamini said at the time.

Several men reportedly associated to Krejicir have been shot and killed over the last two and a half years.

Veselin Langanin, 54, was shot dead around 04:00 in his Bedfordview home on 2 November, Malila said at the time.

Langanin was reportedly arrested for armed robbery last year with Krejcir.

Reported drug trafficker Sam Issa, a 49-year-old Lebanese citizen allegedly linked to Krejcir, was shot and killed on 12 October in Bedfordview while waiting in his Audi Q7.

A white Ford Ranger pulled up next to him and the occupants opened fire and killed him.

Krejcir told Sapa the day Issa was killed: “I did not have any association with the man, I only [knew] him as a resident of Bedfordview.”

Lolly Jackson, the owner of the Teazers franchise of strip clubs and linked to Krejcir, was shot dead at a house in Edleen near OR Tambo International Airport on 3 May 2010.

Jackson’s alleged killer George Luca meanwhile had been granted 40 days to appeal against his extradition to South Africa, it was reported in September.

The Supreme Court of Appeal in Cyprus ruled on 17 September that Luca would be in mortal danger if he returned to South Africa.

The court believed South African authorities would not be able to protect Luca.

Alleged underworld leader Cyril Beeka, 49, was gunned down execution-style by unidentified gunmen on a motorcycle in Bellville, Cape Town on 21 March 2011.

Beeka was allegedly an associate of Krejcir’s.
SAPA

Pretoria – Details of serious injuries suffered by one of five joggers killed in Midrand when a car hit them two years ago, emerged in the North Gauteng High Court in Pretoria on Tuesday.

Pathologist Dr Shirley Moeng, who performed an autopsy on Gaolojwe Isaac Tlale, testified that his multiple blunt force injuries indicated a high speed impact.

Apart from bleeding and swelling of the brain, Tlale had fractures of the spine and neck which in effect separated his head from his neck.

He also suffered pelvic fractures, broken ribs, contused lungs, a severed aorta in the upper chest, a severed gullet and windpipe and multiple fractures of his left arm and leg.

The evidence was presented in the trial of mechanical engineer Sibusiso Langa, who earlier this week pleaded not guilty to five charges of murder, one of attempted murder, and two of driving under the influence.

He allegedly drove his car into Tlale, 37, Reneilwe Lesenyeho, 31, Moroesi Margaret Mokoatsi, 35, Given Mills, 30, and Nomvula Regina Dumako while they were jogging on the gravel next to Lever Road, Midrand, on Saturday, 22 October 2011.

Abegail Khanyisa Stengile was seriously injured.

Metro police officer Bongani Nkosi testified he took Langa to a district surgeon in Hillbrow, Johannesburg, to have his blood drawn about three hours after the accident.

“In my opinion he tried to behave properly, but he appeared to be drowsy and was unable to walk properly. He looked like a person who was tired and had consumed a lot of alcohol. I could smell alcohol on his breath. At the district surgeon while we were waiting he at times fell asleep. Once awake, his only concern would be his vehicle,” Nkosi testified.

He said he first took Langa for a breathalyser test at a testing centre in Johannesburg before taking him to the district surgeon.

Concerns over vehicle

Langa’s lawyer Richard Mkhabela said his client would deny expressing concern about his vehicle.

Nkosi said Langa had mentioned several times that the people had been running in the middle of the road.

A police accident investigator, Warrant Officer Terry Murphy, testified that he examined Langa’s Mercedes-Benz ML500 after the accident.

It was severely damaged on the front and driver’s side and there were high-velocity blood splatters on it.

The car was highly sophisticated and expensive and fitted with an ABS braking system which prevented the wheels from locking and allowed the driver to retain control.

There were, however, signs that the front wheels had locked for a fraction of a second, causing short skid marks on the road.

Murphy stressed that the car’s brakes had never been compromised and were “100% operational”.

“I could find nothing in the mechanics of the vehicle which could have contributed to the incident or caused the driver to lose concentration,” he said.

The trial continues.

– SAPA

Cape Town – The legal practice bill, which has far-reaching implications for the legal profession, was approved by the National Assembly on Tuesday.

Provisions that were bitterly contested by the profession and opposition parties in extended negotiations remained intact.

The legislation will bring an end to the long tradition of self-regulation by the legal fraternity.

It will replace bar associations with a single council, which the minister of justice can dissolve if he loses confidence in it.

It also allows him to designate three of the 22 members of the council.

The government insists that the 120-clause bill is vital for transforming the legal profession and improving access to justice.

However, it has not managed to allay scepticism, especially since it defers dealing with fee structures that are prohibitive to the poor.

Opening debate on the bill, Justice Minister Jeff Radebe sought to pre-empt criticism by saying the search for agreement on the bill could not continue forever.

The legal profession could not operate in a vacuum where the government’s policy imperatives did not matter.

“The legal profession does not only operate in its own space, but also operates in a space where all of our people, rich or poor, converge in pursuit of justice,” Radebe said.

The laws of the government and those of the profession had to be seen against this background.

Radebe said the government had a legitimate interest in ensuring that constitutional imperatives were complied with.

“The transformation of the legal profession is one of these constitutional imperatives.”

Right to regulate

Parliament had the constitutional right to regulate any profession.

Parliament’s portfolio committee on justice chairperson Luwellyn Landers accused the legal profession of blocking change.

“The bill seeks to transform an extremely conservative and yet fragmented sector of our society…. The legal profession has, until now, successfully resisted change and transformation.”

Radebe said the African National Congress had heeded pleas from the legal profession to drop long-held plans, partly motivated by cost concerns, to do away with the distinction between advocates and attorneys.

The bill, nevertheless, retained a provision that would allow clients to brief advocates directly.

But, the minister conceded, despite such compromises deep disagreement remained over the bill.

“Complete consensus became an impossible task and this is borne out by the almost 20 years of negotiations, but now we have reached the stage where we simply have to forge ahead.”

All opposition parties voted against the bill, which also provides for community service by law graduates, but it was passed with ease thanks to the ANC’s majority.

The Congress of the People’s Luzelle Adams said the ministerial powers in relation to the new council flouted United Nations principles on the independence of the legal profession.

Dire consequences

Democratic Alliance MP Dene Smuts agreed that the bill was “inimical” to the independence of legal practitioners and said this would have dire consequences for the quality of jurisprudence and for society as a whole.

Independent-minded advocates were needed to take on cases that were politically and socially unpopular, and were as needed now to fight injustice as they were in the apartheid era, she argued.

Smuts rubbished the ANC’s claims that transformation would be served by merging the advocates and attorneys’ professions.

She said the ANC was ignoring progress made towards racial representivity, proven by the fact that for the past decade equal numbers of black and white attorneys had been admitted to the bar.

“The advocates’ profession has been sold down the river because the ANC is lost in transformation. We are here legislating for failure and we oppose,” she said.

African Christian Democratic Party MP Steve Smuts said the bill clearly made advocates the junior partners in the new statutory council, and posed the threat of draconian ministerial interference through the council.

He had backed pleas by the DA during drafting that the bill should include a clause on cost disclosure, as it would make it easier for poor South Africans to negotiate fees with lawyers.

However, as the bill stood, this would be deferred to an inquiry, to be conducted by the proposed new council.

Smuts said this would leave South Africans waiting longer for something overdue, and by failing to deal with fees the bill therefore missed its stated aim of improving access to justice.

The legislation makes provision for community service for law graduates, establishes an ombudsman for legal services and sets out more transparent disciplinary processes for legal practitioners.

The Law Society of SA has pleaded for ministerial powers to be limited, and has warned that if the legislation curtails the profession’s independence, the courts will lose their independence.

– SAPA

Johannesburg – Opposition parties have criticised a decision to recommend former Ekurhuleni metro police chief Robert McBride as head of the Independent Police Investigative Directorate (Ipid).

The Democratic Alliance would “vehemently” oppose the appointment in Parliament, MP Dianne Kohler Barnard said on Tuesday.
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Cape Town – The commission of inquiry into allegations of police inefficiency in Khayelitsha, Cape Town, will hold a preliminary sitting this week, commission spokesperson Amanda Dissel said on Tuesday.

She said the sitting would take place at Lookout Hill, in Khayelitsha, at 10:00 on Wednesday.

“Tomorrow’s hearing is going to focus on procedural aspects,” she said at the Harare Library, where the commission had been taking statements from the community.

“[This is] just to check how far we are. How far the various parties are in terms of preparation, and also the various rules and procedures, and how it’s going to be organised.”

The planned sitting followed a court battle between the commission and Police Minister Nathi Mthethwa to establish the validity of the proceedings.

Mthethwa and several other applicants launched urgent proceedings on 8 November last year, claiming the commission had been unconstitutionally and unlawfully appointed by Western Cape Premier Helen Zille.

The applicants wanted the subpoenas sent by the commission to be set aside, arguing that the commission did not have the powers to issue them.

The matter was dismissed by the Western Cape High Court in January.

Mthethwa and the other applicants went to the Constitutional Court and requested leave to appeal the matter.

The Constitutional Court dismissed their application last month.

The commission had continued to collect statements from community members amid the delays.

Dissel said the second preliminary hearing would take place on 25 November.

The commission was hoping to hold public hearings from 21 January until 21 February.

“If we find that the allegations of inefficiency in the police… are valid then we will have a second phase of inquiries starting in March, which is looking at recommendations of how to deal with the problems.”

– SAPA

Johannesburg – The widow of a Free State dominee, who was murdered by his adopted son last year, forgave the killer on Tuesday.

However, he should bear the consequences of his actions, Dorothea Brits, 59, told the Harrismith Circuit Court.

Police spokesperson Mmako Mophiring said the matter was postponed to Thursday for sentencing.

The dominee’s son, Martin Brits, 28, appeared with Elliot Mhlambi, 41,

Both have pleaded guilty to killing Dutch Reformed Church Reverend Willem Brits, 60, and his son-in-law Gerhard Vermeulen, 25, in Harrismith on 8 November last year.

Mophiring said it was an emotional day in court as both Brit’s wife and Vermeulen’s mother took the stand to testify.

“Mrs [Dorothea] Brits said she forgave Martin, but added he should face the consequences of his actions,” said Mophiring.

The 59-year-old woman was seriously injured in the attack.

Vermeulen’s mother told the court her son was at the wrong place at the wrong time and had no reason to be killed, said Mophiring.

Brits faced two charges of murder, one of attempted murder and one of robbery.

Mhlambi faced additional charges of possession of an unlicensed firearm and ammunition.

– SAPA

Mbombela – The driver whose truck collided with a goods train, killing 24 farm workers, has been found guilty of culpable homicide, a Sapa correspondent reported on Tuesday.

George Mandlazi, 33, appeared in the Nelspruit Circuit of the North Gauteng High Court in Pretoria where he explained that while he pleaded not guilty to 24 counts of murder and 23 of attempted murder, he pleaded guilty to 24 counts of culpable homicide and one of negligent driving.

“I was driving the truck on 13 July [2012], I didn’t stop at the crossing, I didn’t see the train or try looking.

“When I was already crossing I heard a hoot and the accident happened, which led to the deaths and injuries, for which I’m very sorry,” his lawyer Melanie Erasmus read from her client’s plea statement.

Mandlazi, who sat quietly in court with his mother, wept as Erasmus read out the statement. When asked if he agreed with the statement, he sobbed and said “I agree”.

The State accepted the plea and withdrew the murder and attempted murder charges, leading Judge Nomsa Khumalo to find him guilty on the lesser charges.

“The accused has been found guilty on 24 counts of culpable homicide and the court further finds you guilty of driving negligently on a public road,” Khumalo said.

His R3 000 bail was extended until Wednesday, when the court would hear sentencing arguments.

Mandlazi was arrested on 13 July 2012, after the truck he was driving collided with a goods train going from Emalahleni to Maputo, Mozambique.

The truck was ferrying 47 seasonal farm workers between Malelane and Hectorspruit when the accident happened at a level crossing.

Nineteen people were killed on the scene. Five others died on their way to hospitals.

Another 23 people were injured.

– SAPA

Cape Town – Despite protest from opposition benches, the National Assembly adopted the revised protection of state information bill on Tuesday.

The highly contentious bill will now go back to President Jacob Zuma for assent after 225 MPs voted in favour of the proposed law, and 88 voted against it.

In September, Zuma referred the bill back to the assembly, citing two sections of the bill he deemed unconstitutional.

It was required to correct a cross-reference in section 42 and a punctuation error in section 45 that in effect rendered meaningless a hard-won safeguard on the state’s powers to classify information.

An ad hoc committee then pushed through 30 typographical and grammatical corrections to the bill.

Introducing the revised bill on Tuesday, State Security Minister Siyabonga Cwele said Zuma should be congratulated for identifying the technical errors in the bill.

“What caused the problem first of all… technical errors in the bill sent to him, some of them so material they could be challenged by members of public…,” Cwele said.

Democratic Alliance parliamentary leader Lindiwe Mazibuko said opposition parties would continue in their effort “to not back down in the face of this assault” on democracy.

She singled out the definition of national security in the bill, which was too broad, infringing on South Africans’ right to access to information.

“The DA fully supports correcting anomalies… much more needs to be fixed and the honourable president knows this,” Mazibuko said.

She would again petition the president to not sign the bill into law.

“The DA will not give up fighting this bill. We will not stop until it’s brought completely in line with the Constitution.”

Several other opposition parties held similar views and said the bill remained open to a challenge in the Constitutional Court.

– SAPA