Cape Town – A Cape Town man who tried to pay for groceries with a cloned bank card is expected to plead guilty in plea-bargain proceedings later this month, the Specialised Commercial Crime Court in Bellville heard on Wednesday.

Prosecutor Denver Combrink said Moegamat Farouk Martin, 42, of Lansdowne in Cape Town, would probably plead guilty on 11 December to fraud and conspiracy to commit fraud.

Martin was arrested on 12 August, when he tried to pay for groceries worth R13 811 at the Pick n Pay in Kenilworth, Cape Town.

Kenilworth branch manager John Lendoor was told Martin’s credit card payment had been declined.

Store managers had been warned that fake bank cards were in circulation.

The prosecutor alleges that Martin was found in possession of a grey master card, supposedly issued by the Bank of America.

Lendoor recognised the card as counterfeit and alerted the police.

An investigation revealed that the card was issued by Europay Belgium SCRL.

Martin is also charged with violating the Electronic Communications and Transactions Act.

At his first appearance last month, Combrink told the court Martin had been refused bail by the Bellville District Court.

He said he had already informed defence counsel N Jaftha of the sentence that would be acceptable to the State.

If Martin disagreed with the proposed sentence, plea negotiations would collapse and the State would proceed to trial in the normal manner.

Martin remained in custody.

– SAPA

Johannesburg – Two men accused of breaking into Crime Line head Yusuf Abramjee’s house appeared in the Atteridgeville Magistrate’s Court on Wednesday, Gauteng police said.

The matter was postponed to 13 December and they would remain in custody, police spokesperson Thomas Mufumadi said.

They were arrested after a spate of house robberies, burglaries, and hijackings around Pretoria last month.

Police recovered three stolen cars, two unlicensed firearms, ammunition, and money at the men’s home.

On 22 November they allegedly broke into Abramjee’s house in Pretoria and demanded the keys to his BMW.

They fired shots at the house while reversing out of the garage.

Police said at the time the robbers had targeted another house in a nearby street earlier that day.

– SAPA

Pretoria – Families of the Lonmin mineworkers shot in Marikana, North West, last year will re-join the public hearings in January, the Farlam Commission said on Wednesday.

Commission chairperson, retired Judge Ian Farlam, said the families would be back at the public hearings in Pretoria around 22 January.

“We wish you a safe journey home. We hope you will have a blessed Christmas and a happy New Year, despite all the problems that you have had to deal with,” he told them.

“We will start the commission earlier, but you will be informed while you are at home or when you return here. Go well, we will see you next year.”

Last month, Farlam announced that the commission would take “a working recess” from 5 December until 6 January.

“There is a lot of work to be done in the interim. I hope the counsel involved will start to prepare preliminary heads of arguments on the issues covered by the numerous witnesses that we have heard since November last year,” he said.

The commission is investigating the circumstances surrounding the deaths of 44 people at Marikana, near Rustenburg in North West, in August last year.

Police shot dead 34 people, almost all of them striking mineworkers, on 16 August 2012, while trying to disperse and disarm them.

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

President Jacob Zuma appointed the commission a short while later.

Cross-examination

On Wednesday, Advocate Dumisa Ntsebeza, for the families of the deceased mineworkers, cross-examined Brigadier Adriaan Calitz about his evidence that the strikers might have shot each other.

“Evidence will be led from police officers who saw the people [protesters] with rifles there,” Calitz said.

“We also know from the media that there was a rifle wrapped in a blanket.”

Calitz said the police did not collect used bullet cartridges at Marikana.

He said cartridges would be ejected only if a shooter reloaded. Other firearms did not drop their cartridges after firing shots.

Ntsebeza said six protesters were fatally shot with shotguns at scene one and two, and said this meant the shooters reloaded their weapons at the scene.

“To suggest that all six were killed by one bullet from a shotgun; that would take some imagination,” he said.

Calitz said there was “a big difference between what was fired at Marikana and the cartridges that were found”.

He agreed with Ntsebeza that no used shotgun cartridges were found.

Earlier, Ntsebeza questioned Calitz about the methods police use to quell violent wage strikes.

When he read out details of post mortems, relatives of the deceased were warned about their graphic content.

Many victims were wounded in the upper body.

Calitz did not dispute this. He said the forensic reports also indicated that some bodies had fresh marks made by a traditional healer.

Ntsebeza queried police evidence that the strikers were shot in self defence.

The public hearings continue on Thursday.

– SAPA

Pretoria – A Pretoria man was convicted by the North Gauteng High Court in Pretoria on Wednesday of abusing and murdering his 3-and-a-half-week-old stepson.

“The accused’s evidence that nothing was wrong with the baby before he fell unconscious is so improbable that his version can be rejected as a blatant lie,” Judge Bert Bam said.

He found Christiaan “Chris” Oldewage, 29, guilty of the murder of his wife Juanita’s baby son Stiaan. He died in Montana hospital in Pretoria on the night of 12 December 2011.

Juanita Oldewage, who was charged with her husband, committed suicide in August.

The baby died of multiple injuries, including a skull fracture, brain injuries, broken ribs, severe internal injuries and bleeding.

The doctor who treated the boy after he was admitted to hospital and a pathologist testified that severe blunt force injury and pressure were necessary to cause a baby’s supple bones to break.

The child’s great-grandmother and a police constable testified that they had seen deep scratch marks on the baby’s face and upper body when he was about a week-and-a-half old. Bam rejected Oldewage’s claims that a cat scratched the baby.

Oldewage had no explanation for the baby’s severe injuries. He denied resenting the baby because it was not his child.

Bam said it was clear the baby sustained the injuries within 24 hours before his admission to hospital.

He said it was a pity that Constable Marnus Dege had failed to take any action after Mrs Oldewage complained to him that her husband was abusing the baby, and after himself seeing the extent of the baby’s injuries.

“It not only amounts to a contravention of the Child Protection Act but was also a serious dereliction of duty that probably had serious consequences. It resulted in the child’s death,” Bam said.

Sentencing

Helen Mabapa, for Oldewage, argued he should be sentenced to less than 15 years’ imprisonment, especially because he was a first offender and had heart problems.

Prosecutor Celeste Smit asked for a sentence of more than 25 years, saying the brutality of the assault was a severely aggravating factor.

She argued that the baby must have suffered indescribable pain. Bam, however, said the baby would almost immediately have lost consciousness with such severe injuries.

The aggravating factors in the case were overwhelming and the only thing in Oldewage’s favour was his clean criminal record, Bam said.

It was the worst possible form of child abuse for which Oldewage had shown no remorse whatsoever.

Baby Stiaan’s great-grandmother Dorothea Engelbrecht burst into tears after Oldewage’s conviction.

“I am glad that it has finally reached this stage. I’m also happy that the judge said Chris had murdered him.

“I’m not excusing my granddaughter, but she’s not here to say what had happened. I’m happy that at least the judge said the little baby would immediately have lost consciousness and would not have felt the pain,” she said.

Oldewage will be sentenced on Thursday.

– SAPA

Johannesburg – A policeman has been killed in a shoot-out in Elliotdale, outside Mthatha, Eastern Cape police said on Wednesday.

“It is with great sadness to report that one of our members paid the highest price in service of the people of the Eastern Cape,” said police spokesperson Marinda Mills.

She said Warrant Officer Rodges Sithelo and a colleague responded to a robbery at Boxer Super Store around 09:00 on Tuesday.

“Indications are that the two police officials assumed that all the suspects were inside the business premises.”

Mills said they noticed too late that one of the robbers was hiding outside the business entrance, and he started firing at them.

“A shoot-out ensued, as the other three suspects joined in the attack on the two police officials,” she said.

Sithelo and one of the gunmen was killed. Another gunman was wounded and was now under police guard.

“Two of the four suspects managed to flee the scene with an undisclosed amount of cash,” said Mills.

Police seized an AK-47 assault rifle and an R1 rifle.

Mills said a task team had been established to track down the remaining robbers.

“We want to extend our most sincere condolences to his beloved, family, friends, colleagues and all the people who shared his life,” said acting provincial commissioner Major General Chris Ntantiso.

– SAPA

Pretoria – Public Protector Thuli Madonsela on Wednesday dismissed claims that she plans to release her Nkandla report in March with hopes of influencing next year’s general elections.

“I never said the report would be released in March next year,” she told reporters in Pretoria.

“I said I was trying to have the report released by the end of the year, but the likelihood is that it will be released in January 2014.”

Madonsela said statements by her office consistently said the report would be released at the latest by mid-January.

ANC secretary general Gwede Mantashe on Tuesday demanded the speedy release of the final report pertaining to the upgrades of President Jacob Zuma’s Nkandla homestead.

Mantashe said releasing the report late could be seen as a delaying tactic and a political ploy to create negativity around the image and the integrity of Zuma and the ANC.

Madonsela said that as protector she had no role in politics and harboured no intentions of channelling voters in certain directions at next year’s polls.

She said the right to choose who governed the country was a fundamental part of the Constitution and something she would not tamper with.

“It is not for the public protector to advise or influence the exercise of the people of South Africa’s rights to choose political parties they would like to govern them,” she said.

“I am certain that this is a right the people of South Africa are fully aware of and I believe it is a right they would guard jealously against any interference. I have no intention or interest to interfere with this right and have never done so.”

She said she would ask for a meeting with the ANC. An earlier meeting scheduled with the party was postponed.

Had the two sides met, misinformed statements made by the party would have been avoided, Madonsela said.

– SAPA

Johannesburg – Leaks of incomplete reports by Public Protector Thuli Madonsela’s office happen regularly and prejudice its work, the ANC said on Wednesday.

“These leaks, that have become a regular feature in recent times, have the effect of not only undermining and prejudicing the integrity and the work of the public protector’s office, but also [of] harming the image and the standing of those who are being investigated,” ANC spokesperson Jackson Mthembu said in a statement.

“We also welcome that the public protector agrees that, as the ANC, we had every right to be gravely concerned with the leaks regarding her investigation into the security upgrade at Nkandla and other investigations undertaken by her office before they are finalised.”

He said he knew Madonsela shared the party’s concern that any leaks of any incomplete investigation could erode the standing and integrity of her office.

Mthembu recalled three other incomplete reports that were recently leaked. They concerned Independent Electoral Commission chair Pansy Tlakula, former communications minister Dina Pule, and Agriculture Minister Tina Joemat-Pettersson, he said.

“Our view and our take is that the final responsibility rests with her office on any leakage of incomplete investigations by her office,” said Mthembu.

He said Madonsela’s statement that she did not have the capacity to take those involved in the leakage to court, was an issue about which everyone should be concerned.

On Wednesday, Madonsela defended herself against claims that her office leaked the Nkandla provisional report.

“From where I’m sitting, I have no reason to suspect the leak is from my office. What do we benefit from leaking it to you [media]? It doesn’t make sense to me,” she told reporters

Madonsela said her office had had the Nkandla report since March, but that nothing was leaked.

It details her investigations into the R206m upgrade to President Jacob Zuma’s homestead of Nkandla in KwaZulu-Natal.

Releasing report

Mthembu said the ANC was happy there was no disagreement between the party and Madonsela that the report be released as soon as it was finalised.

“The ANC wants to assure all people of South Africa, including the office of the public protector, that there was no intention and there will never be any intention on the part of the ANC to inhibit the work of the public protector,” he said.

“We expect her to do her work without fear, favour or prejudice. We have on numerous occasions defended and stood by her final reports and recommendations, indicating our respect for the work of her office.”

He said the ANC welcomed Madonsela’s intention to meet for talks.

– SAPA

Johannesburg – The bail application by Czech fugitive Radovan Krejcir and three co-accused was postponed by the Palm Ridge Regional Court on Wednesday.

Magistrate Reginald Dama said it would resume at 08:00 on Friday when investigating officer Mashudu Freddy Ramuhala would testify.

Krejcir, Desai Luphondo and two members of the Hawks, Warrant Officers Samuel Modise Maropeng and George Jeff Nthoroane, are applying for bail.

They were arrested last month and face charges of assault, kidnapping and attempted murder.

Maropeng and Nthoroane are attached to the Hawks organised crime unit in Germiston.

They submitted through their lawyer Francois Roets, that the State had no case or evidence against them.

They denied the charges and that they had threatened witnesses.

Luxury cars, properties

Roets said it was not true that Maropeng owned four luxury cars and four properties.

Dama asked why there was no further evidence, such as documentation, from the traffic department to support the State’s claims.

Prosecutor Louis Mashiane said the State stood by its submissions regarding Maropeng.

Mashiane contended that the accused should not be granted bail as they were accused of threatening several witnesses.

“The accused have threatened to eliminate the witnesses. Hence our submission that they should not be granted bail.”

Maropeng and Nthoroane would be free to get to witnesses in their line of duty, he said.

He said Krejcir could flee to the Seychelles with his family if granted bail.

His wife Katerina Krejcirova and their son had “conveniently” returned to South Africa from overseas a day before the bail application could continue.

“This is a man well-equipped to flee at any time. It is on record that the family have several passports, some in assumed names.”

Assault claims not new

He said Krejcir’s claims of assault by the police were not new.

Krejcir had a trend of claiming assault whenever he had to face the law.

These dated back to 2007, during Krejcir’s application to oppose his extradition, when he allegedly made similar claims but would not lay charges.

Earlier, Dama turned down an application by the defence to access the police docket.

The docket contains an apparent confession by Luphondo to the police.

Andre Steenkamp, for Luphondo, said his client had been unlawfully arrested, assaulted and had made the confession under duress.

Dama ruled that handing over the confession to the defence would prejudice the State and he turned down the defence’s request.

He also turned down an application by the State to submit an affidavit in response to a statement made in reply by the defence.

Mashiane had claimed to have been ambushed with allegations by the defence and contended that he had a right to reply. The defence objected.

– SAPA

Johannesburg – One in 10 young South Africans trust the police, according to a survey by consumer rights company Pondering Panda.

“It’s very concerning how few young South Africans trust the police – the majority only trust them in certain situations, and as many as a third don’t trust the police under any circumstances,” spokesperson Shirley Wakefield said in a statement on Wednesday.

“If younger people feel they can’t trust the police, or rely on them, they are more likely to take matters into their own hands – as we have seen in the vigilantism that continues to occur in communities across South Africa.”

Pondering Panda interviewed 3 991 people, between the ages of 18 and 34, across the country by cellphone between 4 and 11 November.

Eleven percent of respondents said they trusted the police most or all of the time. Fifty-three percent said they only sometimes trusted the police, and 33% said they never trusted the police.

The survey found that responses to the question differed only slightly among race groups.

“Younger coloured and black South Africans were the least likely to trust the police, with 10% and 11%, respectively, saying they trusted the police most or all of the time,” the company said.

“In comparison, whites were more trusting, with 15% saying they trusted the police.”

By province, respondents were most trusting of the police in Limpopo and the Eastern Cape, with 17% of respondents in each province saying they trusted the police most or all of the time.

Respondents in Gauteng were the least trusting of police, with just seven percent saying they trusted them.

Trust in the police was also low in KwaZulu-Natal (8%) and the North West (9%).

Wakefield said that if the government wanted to restore faith in the police, it needed to improve police discipline and training, and show that communities could turn to the police for help.

– SAPA

Johannesburg – The State has no case or evidence against two members of the Hawks, the Palm Ridge Regional Court heard on Wednesday.

“Accused three and four have been accused of threatening witnesses by the investigating officer… no such evidence was presented by the State implicating them directly or indirectly,” submitted their lawyer Francois Roets.

Hawks members Warrant Officers Samuel Modise Maropeng and George Jeff Nthoroane were applying for bail with Czech fugitive Radovan Krejcir and estate agent Desai Luphondo. They were arrested last month and face charges of assault, kidnapping, and attempted murder.

Roets argued that the policemen were not a flight risk and should be granted bail. They denied any involvement in the alleged crime.

‘Cop doesn’t own a Maserati’

Roets said there was no truth in the State’s allegation that Maropeng owned four properties and four luxury cars. His client owned only one property and was renting in Germiston, on the East Rand.

“My client only owns the Nissan Navara and not a Maserati, Range Rover and a Mercedes-Benz as stated before this court.”

Maropeng was a widower and looked after seven children.

Roets said Nthoroane’s wife was also a member of the police. Nthoroane denied threatening any witnesses, he said.

“My clients are members of the police, have no previous convictions… they are not streetwise thugs.”

He asked why his clients were arrested five months after the alleged crimes were committed in June.

Willie Vermeulen, for Krejcir, told the court his client would not leave the country or threaten any witnesses if he was granted bail. Krejcir also denied the charges against him.

Earlier, Luphondo’s lawyer said his client was a sole breadwinner who looked after eight children, and should be granted bail.

“The State alleged he is a drug-pusher, but [he] has not been charged or arrested for such drug allegations.”

Drug smuggler

He said there was only one complainant in the case, and that the State had resources such as the witness protection service to ensure he was not harmed.

The State alleges that Krejcir, Luphondo, Maropeng and Nthoroane, were involved in the kidnapping and assault of a man whose brother was recruited to smuggle drugs through OR Tambo International Airport to Australia. The alleged smuggler, known as Doctor, worked at the airport.

He disappeared after handing airport clearance receipts to Luphondo. The consignment did not reach Australia.

The bail hearing continues.

– SAPA