Cape Town – If it becomes clear that President Jacob Zuma misled MPs over spending on his Nkandla residence, the DA will move to have him impeached and removed from office.

“I absolutely will. Absolutely,” Democratic Alliance parliamentary leader Lindiwe Mazibuko told reporters at Parliament on Wednesday.

She was responding to a question on what she would do if Public Protector Thuli Madonsela’s yet-to-be-released report on the controversy over upgrades worth R206m at Zuma’s private Nkandla homestead in KwaZulu-Natal contained findings that he had misled Parliament.

Motion

Mazibuko said the Constitution enabled the impeachment of a president through a motion tabled in Parliament.

“It would require the putting together of an ad hoc committee to investigate whether or not the president deliberately misled the House. The critical word here is deliberately,” she said.

In March Zuma told Parliament he was never informed about the costs of renovations to his homestead.

Mazibuko said she would have an opportunity, as the initial complainant, to read Madonsela’s report in January. She would also have an opportunity to make an input to the final document.

Once this was tabled, “if it becomes clear that the president did deliberately mislead the House, then I will certainly move an impeachment against him”.

Asked how easy this would be, she suggested the African National Congress would try to block such an attempt.

ANC caucus

“I certainly don’t anticipate that it will be a picnic. I am quite sure that, given the ANC’s record of placing the protection of the government and President Zuma above all things, that the ANC caucus in Parliament will be reluctant.

“But I think, in the face of a report by an independent Chapter Nine institution which, if it implicates the president in misleading the House, will be prima facie evidence, it’ll be very hard, legally, for the ANC to argue that we cannot so much as investigate this matter.”

Mazibuko said she was confident that “at the very least we’ll be able to assemble an ad hoc committee to investigate… I cannot see how it can be legitimately blocked”.

While this would not be easy, the rules and Constitution were on the DA’s side.

“And at the very least, Parliament has a duty to investigate if it is alleged that he did mislead us.”

Questioned on the impeachment process, she said it was necessary to raise the motion, which would then appear on the parliamentary order paper.

The establishment of an ad hoc multi-party committee to investigate the matter should be automatic, she said.

Report

Asked if she believed Zuma knew what was going on at Nkandla, she said that while she did not know the answer, it was hard to believe he did not.

“It’s very, very unlikely you could come home… [during recess] and find 31 new houses being built around your house, and not ask yourself how much does this cost, and who is responsible for it… I find it very hard to believe… he had absolutely no questions about what was happening at his home,” Mazibuko said.

Following the publication at the weekend of details from a leaked copy of Madonsela’s provisional report, and amid mounting criticism of Zuma, the ANC on Tuesday called on her to release the full report.

“As the ANC, we… demand that the final report, not leaked snippets, is released to the public with immediate effect by the office of the public protector,” ANC secretary general Gwede Mantashe told reporters at the party’s Luthuli House headquarters in Johannesburg.

– SAPA

Johannesburg – The mechanical engineer who drove into a group of joggers in Midrand two years ago, killing five of them, regretted the loss of life, his pastor testified in the North Gauteng High Court in Pretoria on Wednesday.

Pastor Sakhile Sibeya testified that he had unsuccessfully tried to make contact with the families of the victims to convey Sibusiso Langa’s remorse.

Langa was found guilty last month on five charges of culpable homicide and one of drunk driving.

Sibeya said Langa had told him he would be willing to consider some form of financial contribution to the families of the victims.

Asked if Langa was willing to take responsibility for driving drunk and killing five people while driving on the wrong side of the road, Sibeya said they did not talk about this.

“He communicated regret for the loss of life, that he had remorse and that this incident had affected him terribly,” he said.

Mashudu Mills, whose daughter Given died in the accident, laughed when she heard this evidence.

She testified that her daughter was a passionate runner who had won 53 medals, including one in the Comrades marathon and two in the Soweto marathon for which she was training when she died.

She had a business management and marketing degree and was a sales manager at Protea Hotels at the time of her death.

She was an enthusiastic, lovable person whose friends called her “Diva” because of her love of drama and life. They still celebrated her birthday every year.

“All I see is a man who has no remorse at all. All I see is a man who holds a mirror in his hand. All he sees is himself,” she said.

‘He deserved to be sent to jail’

Her daughter had adopted a younger sibling’s child, who now had to be raised by her grandmother.

Mills still felt that Langa had murdered her daughter and said he deserved to be sent to jail so that South Africans would know they did not have to fear being knocked down from behind while running.

She said she would not accept Langa’s insistence that what happened was just a tragic accident.

“After two years, it’s not a sorry. It’s just words,” she said.

Reneilwe Lesenyeho’s younger sister Nkhotseng testified that the family had lost a friend, breadwinner and mother figure with the death of her sister, who was a chemical engineer employed as a senior project manager.

Lesenyeho had been supporting her and the 4-year-old child of a family member, and life without her was a tragedy, she said.

She had tried to reach out to Langa, and had even gave him her telephone number in an effort to obtain closure, but was rebuffed every time.

Isaac Tlale’s wife Kgomotso was eight months pregnant with their second child when her husband was killed.

He was an electrical engineer who had just been promoted to director of his company.

Tlale said in a statement her husband’s death had changed her life drastically overnight.

She battled with depression and had become a single working mother who had to raise two toddlers on her own.

No remorse

Seeing Langa in court without any sign of remorse had brought back all her anger and hatred for him, she said.

Tlale was contemplating selling her house because she lived near the accident scene, and had to pass the place where her husband died every day.

Nomvula Dumako’s mother Madiepo said her daughter had loved life and her family.

She had an honours degree in information technology, had worked as a developer, and had planned to do her MBA.

Nomvula’s son was 22-months-old when his mother died, had no recollection of her and would never feel the motherly love her daughter would have given him, she said.

Margaret Mokoatsi was studying for a BCom degree and was working as a specialist in information security at a bank at the time of her death.

She was a breadwinner, supporting her sickly father and unemployed younger brother.

“She was the golden girl to the family. Our hearts will remain sore because she was brutally murdered,” her family said in a statement.

Judge Bert Bam postponed the trial to 11 December for the evidence of a psychologist.

– SAPA

Johannesburg – The Palm Ridge Regional Court turned down the prosecution’s request to submit an additional affidavit on Wednesday in the bail application of Czech fugitive Radovan Krejcir and three others.

Magistrate Reginald Dama made the ruling after the defence objected to the submission of a document containing replies by the State to replies made by the defence.

Willie Vermeulen, for Krejcir, said court rules did not permit a reply to a reply.

“The State stated its case on Tuesday, and all members of the defence replied. The nature of a bail application does not permit this… otherwise, when are we going to end?” he asked.

Krejcir’s co-accused are estate agent Desai Luphondo and Hawks members warrant officers Samuel Modise Maropeng and George Jeff Nthoroane.

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

Andre Steenkamp, for Luphondo, and Francois Roets, for Maropeng and Nthoroane, also objected to the State’s new affidavit.

“Why was this new evidence never presented to the court before? This means we have to reply again and that means the applicants have to spend more time in custody,” Roets said.

Prosecutor Louis Mashiane had asked the court for time to liaise with the investigating officer so he could respond to the defence statements presented earlier.

He told Dama he had been ambushed with all sorts of allegations against the State by the defence and, therefore, had the right to reply.

Mashiane argued that the law permitted that the rules be relaxed when it came to bail applications.

Dama turned down his request.

The bail hearing continues.

– SAPA

Johannesburg – Three people died and three others were injured when three vehicles collided on Sir Lowry’s Pass near Gordon’s Bay in the Western Cape on Wednesday, paramedics said.

“One of the vehicles attempted to overtake and then crashed head-on with another vehicle, flipping the car on top of the other on the N2 just before the lookout point,” ER24 spokesperson Christo Venter said.

Two adults and a child were declared dead on the scene.

One of the occupants sustained critical injuries and was airlifted to hospital.

Two others suffered moderate injuries and were taken to the Helderberg Provincial Hospital by ambulance.

– SAPA

Johannesburg – Class inequality has become the greatest impediment to national reconciliation, a barometer survey by the Institute for Justice and Reconciliation (IJR) has found.

“It [the report] lists six overarching social issues, of which class was most commonly identified as the most divisive (27.9%), with race dropping to fourth place (14.6%),” it said in a statement on Wednesday.

The SA Reconciliation Barometer Survey (Sarb) proposed a renewed concept of “radical reconciliation” to highlight the link between the need for material transformation in conjunction with psychological bridge building.

“As South Africa moves into its 20th year of democracy and prepares for its fifth national election, the report focuses on current issues of social, political and economic exclusion,” the IJR said. The survey indicated that in 2013, citizens felt less trusting of national leaders.

Results showed a 10.8% decrease in citizens’ confidence in national government since 2012.

There had been a 13% increase in the proportion of citizens who believed the government did not care about “people like them”.

The survey found that ordinary citizens showed the highest confidence in religious institutions (67%) and the public protector (64.4%), and the lowest confidence in political parties (45.2%) and the police (47.9%).

The Sarb survey was conducted via face-to-face interviews in all nine provinces, using a questionnaire developed by the IJR that included around 100 survey items.

– SAPA

Johannesburg – Two people were killed when their bakkie collided with a police vehicle in heavy rain in Standerton, a Mpumalanga government official said on Wednesday.

The accident happened on Tuesday on the R38 Standerton to Bethal Road near an overflowing bridge, said community safety spokesperson Joseph Mabuza.

Two bridges were temporarily closed because of damage caused by heavy rain in the Gert Sibande Region.

“The Blesbokspruit Bridge on R39 road between Morgenzon and Standerton and another between Bethal and Middelburg [on the] R35 road were damaged by heavy rainfall on Tuesday,” said Mabuza.

Motorists travelling between Standerton and Morgenzon were advised to use the R38 and R35 instead.

“The R544 Emalahleni Road should also be used as an alternative route for motorists travelling between Bethal and Middelburg,” he said.

Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe urged motorists not to try and cross submerged bridges.

– SAPA

Durban – A lack of ballistic tests on the bullet found in a dead IFP supporter seriously undermined the State’s case, the Durban Regional Court was told on Wednesday.

Simphiwe Moloi told the court that no ballistic tests had been carried out on the bullet found in Cebisile Shezi to link it to cartridges at the scene, or to his clients’ firearms.

“In the absence of any ballistic evidence, the accused ought to be released,” he submitted.

Moloi was speaking while making an application to have charges dropped against National Freedom Party councillor Mgezeni “Bhungu” Gwala and his son Celimpilo “Mjabelelwa” Gwala.

The Gwalas and security guard Skhumbuzo Nxumalo are accused of shooting Shezi dead on 6 October 2012, near the Thembalihle train station in KwaMashu, after Inkatha Freedom Party supporters converged on the Gwala home, near the station. She was wearing an IFP T-shirt at the time.

Police Minister Nathi Mthethwa had addressed IFP supporters at a sports field in A-section, KwaMashu, earlier that day. He did so in an attempt to reduce tension in the area after the abduction of IFP councillor Themba Xulu. Xulu was out on bail after being arrested for allegedly trying to burn down Bhungu Gwala’s house.

Xulu’s body was found the next day. He had been shot.

Celimphilo Gwala and Nxumalo are in custody. Bhungu Gwala is out on bail of R20 000.

The court, which was packed to capacity with jovial NFP and IFP supporters, heard Moloi tell magistrate Trevor Levitt that the only evidence provided by the State had been to discount the possibility that Shezi was killed by a bullet fired into the air as a warning.

“There are no links between the bullets, the shell casings and the firearms that were recovered,” he said. Seventeen shell casings were found at the crime scene.

Nxumalo’s lawyer, Lungile Kheswa, argued that the case against his client should also be discharged, in the light of the contradictory evidence provided by State witnesses Hlengiwe Joyce Mzolo and Zamokwakhe Luthuli.

“The manner in which these witnesses gave evidence leaves much to be desired. We do not know from their evidence whether accused number five [Nxumalo] was there or not,” he submitted.

During their testimony, Mzolo and Luthuli gave different descriptions of a man they identified as doing the shooting.

Kheswa accused the State of pursuing the case in the hope that the accused would take the stand and implicate themselves.

He pointed out that the two State witnesses had put Gwala’s other son Bonginhlanhla Gwala and another security guard, Malusi Sibusiso Ncengwa, at the scene of the shooting.

Charges were withdrawn against them when closed-circuit television footage showed Bonginhlanhla was at his apartment in Umhlanga at the time, and Ncengwa proved he was working in Umbilo.

Kheswa also referred to the police’s failure to carry out ballistic tests.

“That was not done. This is a very poor state of affairs,” he said.

The SABC reported on Monday that the court heard testimony from the commander of the KwaMashu police station, Brigadier Zakhele Nzama.

He reportedly testified that Mgezeni Gwala was at the KwaMashu police station waiting to speak to Mthethwa at the time of the shooting.

Unlike previous court appearances, when there was a heavy police presence, there was only one court orderly present on Wednesday.

The prosecution was expected to present its case opposing the applications by Moloi and Kheswa.

– SAPA

Pretoria – Striking Marikana mineworkers did not attack the police before the shootings on 16 August last year, the Farlam Commission of Inquiry heard on Wednesday.

“We want to dispute all that evidence that has been put before this commission by police to suggest that they acted in self-defence. They [police officers] were not under attack,” Dumisa Ntsebeza SC, told the commission. He is appearing for the families of the deceased mineworkers.

Ntsebeza argued that because Brigadier Adriaan Calitz had previously testified that he did not see the shootings at the Marikana hill near Lonmin’s platinum operations in North West, he could not say with certainty whether his charges had acted in self-defence.

“I would like to be satisfied that your two weeks of being on the [witness] stand has not been in support of a case that the police acted in self-defence, because you were not there,” said Ntsebeza.

“For all the time you have been on the stand, you are not alleging that the police acted in self-defence? Whatever you have been saying does not support the theory that the police were justified in shooting my clients.”

Calitz said he was not certain what prompted the police to shoot.

“I can only say I cannot be certain of what happened because I was not there. As far as the TRT [tactical response team] shooting is concerned, I cannot help,” he said.

Ntsebeza said it was important for the commission to differentiate which of Calitz’s testimony was based on facts and which was based on circumstantial evidence.

“I am careful to put to you something which you can help us with. You are not able, on the basis of your presence as the operational commander on 16 August, [to say] whether the police were being attacked.

“You don’t know that they were being attacked so you can’t say they acted in self defence,” said Ntsebeza.

Communication gap

Previously, Calitz testified that he was unaware that the mineworkers “lying around” after the clash with police were dead.

In a statement submitted to the commission, Calitz testified that, because of the noise around the hill, he had not heard the police tactical response team firing live ammunition at the strikers.

“I contacted Lieutenant Colonel [Solomon] Vermaak on radio and inquired from him why the TRT was not following our dispersal action. He said he would go and check, and later reported that the TRT were at the kraal and there were bodies lying around.

“I thought, given my experience and the absence of such a report to me, that the bodies referred to people who were injured by the dispersion action or lying down to be arrested,” Calitz said in his statement.

On 16 August 2012, 34 people, mostly striking miners, were shot dead in a clash with police who were trying to disperse and disarm them. Seventy eight were wounded.

The Farlam Commission of Inquiry was appointed later that month to investigate the circumstances surrounding these deaths and those of 10 people, including two policemen and two security guards, during the preceding week.

– SAPA

Pretoria – Public Protector Thuli Madonsela on Wednesday defended herself against claims that her office leaked the Nkandla provisional report.

“The article itself said two senior officials from the cluster of security ministers had informed the author I had cleared the president,” Thuli Madonsela told reporters in Pretoria on Wednesday.

She was referring to a recent news report.

She explained there were two versions of the report in the media’s possession.

“What are the chances that I have two versions of the report? Five provisional reports were handed to the ministers [electronically] and one was given a password to share with others. It was also given to a judge on a confidential basis.

“The report was also handed to court. It was the ministers who said they had given the report to a team of experts,” Madonsela said.

The report deals with her investigation into the R206m security upgrade at President Jacob Zuma’s private Nkandla homestead in KwaZulu-Natal.

– SAPA

Johannesburg – Czech fugitive Radovan Krejcir accused the State of assault whenever he had to face the law, the Palm Ridge Regional Court heard on Wednesday.

“His allegations of assault are not new. The accused has a trend that upon arrest he goes and claims assault in court,” prosecutor Louis Mashiane said.

Krejcir and three others were applying for bail on Wednesday. His co-accused are estate agent Desai Luphondo and Hawks members warrant officers Samuel Modise Maropeng and George Jeff Nthoroane.

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

Krejcir claimed he was tortured after his arrest and told the court earlier that he had laid charges against the police.

Mashiane said on Wednesday Krejcir made similar claims during his application to oppose his extradition in 2007.

He said because Krejcir indicated in his affidavit that he recognised one of the officers who allegedly assaulted him, he wondered why the police would blindfold him if they were aware he knew them.

Krejcir sat rubbing his hands and looking at Mashiane.

He occasionally shook his head at Mashiane and sometimes smiled. His three co-accused kept turning their heads and looking at relatives seated in the public gallery behind them.

Krejcir’s wife Katerina Krejcirova whispered to their son Dennis as they listened to Mashiane.

Armed tactical response team members kept an eye on the four accused during proceedings.

Luphondo kept writing in a notebook he brought with him, and kept quiet most of the time, speaking to Krejcir only occasionally.

The bail hearing continues.

– SAPA