A Rastafarian and two trainee sangomas who were fired from Pollsmoor Prison for wearing dreadlocks have won a case of unfair dismissal against their employer.

The Supreme Court of Appeals (SCA) has ruled that the Department of Correctional Services had in 2007 erred in ordering six prison warders to cut their hair and later dismissed them when they refused to do so.

Eganamang Lebatlang, Thamsanqa Ngqula, Lucky Kamlana, Cohen Jacobs and Mduduzi Kubheka were charged by the department for contravening the dress code policy that says hair may not be cut in any punk style, including a “dreadlocks” hairstyle and that it may not be longer than the collar of the shirt when folded down or cover more than half of the ear.

Lebatlang, Jacobs and Kubheka explained that they could not cut their dreadlocks because they practiced the Rastafarian religion while Ngqula said he wore his dreadlocks to obey his ancestors’ call – given through dreams – to become a sangoma in accordance with his Xhosa culture. Kamlana was also in the process of becoming a sangoma and could not cut his hair until he graduated.

The department however, according to the judgement, argued that the risk posed by dreadlocks was that they rendered Rasta officials conspicuous and susceptible to manipulation by Rastas and other inmates to smuggle dagga into correctional centres.

The five warders took the matter to the labour court, arguing that they were being discriminated against on grounds of religion, cultural beliefs and gender as female warders were allowed to have dreadlocks.

In 2010, the Labour Court ruled in their favour and ordered that they be reinstated or compensated, but the department took the matter to the SCA, which led to Thursday’s judgement.

In her ruling on Thursday, SCA judge Mandisi Maya said: “A policy is not justified if it restricts a practice of religious belief and by necessary extension, a cultural belief that does not affect an employee’s ability to perform his duties, nor jeopardise the safety of the public or other employees, nor cause undue hardship to the employer in a practical sense.”

Maya went on to say that without question a policy that effectively punished the practice of a religion and culture degraded and devalued the followers of that religion and culture in society.

“It is a palpable invasion of their dignity which says their religion or culture is not worthy of protection and the impact of the limitation is profound. That impact here was devastating because the respondents’ refusal to yield to an instruction at odds with their sincerely held beliefs cost them their employment,” she said.

Meanwhile, 18-year-old Rastafarian schoolboy Sikhokhele Diniso is fighting to be allowed back to Siphamandla High School in Khayelitsha after he was asked to cut his dreadlocks or leave school.

The HRC will this week also release its findings on a complaint brought by a Free State pupil who was expelled from school for wearing dreadlocks.

Courtesy  of http://www.thenewage.co.za

Kimberley-At around 5am this morning, paramedics in the Northern Cape responded to two separate serious collisions.

The first happened on the N12 outside of Kimberley, where approximately fourty kilometers outside of town in the direction of Johannesburg, a taxi collided into the back of a bakkie. The bakkie is believed to have been abandoned and stationary at the side of the highway.

“The taxi collided with such force that the front of the taxi was left extensively crushed and the driver was trapped in his seat” Er24 spokesperson said. “He had been the only occupant of the taxi at the time, and upon arrival of paramedics he needed immediate treatment” Vanessa Jackson said.

Paramedics said the left side of his body and especially his leg, had been crushed by the dashboard and steering wheel being pushes forward and into the drivers compartment by the impact. 

“Although awake and talking to paramedics, he was in a lot of pain and he was bleeding from his injuries” Paramedics said.

While the Kimberley Fire Department team used the Jaws of Life to remove the wreckage from around him, paramedics continued his treatment where he sat. 

After a long battle to remove the man, he was safely in the back of an ambulance and he was taken to hospital for further care.

“Around the same time, two vehicles collided on the N14 outside of Upington”.

“Approximately five kilometers outside of town, a VW Polo which is believed to have been travelling towards Upington, collided with a Toyota Verso which was travelling in the direction of Keimoes” Vanessa Jackson said.

Upon arrival, paramedics found the Polo had appeared to have collided into the side of the Verso and then overturned into a tree. 

The four young adults in the Polo, two men and two women appearing to be around the age of 22, did not survive their injuries and the four were trapped in the wreckage said Jackson. 

“There were no signs of life and they were declared dead” she said.

There had been a family of six adults in the Verso and they had fortunately been left with minor or moderate injuries following the impact. 

They were treated on scene an transported to the nearby Mediclinic for further care.

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A man has been left with critical injuries and a woman with moderate injuries after they allegedly collided with a kudu while travelling on their motorbike.

“We believe that the collision took place some time last night, but due to poor signal in the area, help was unable to be called immediately” Vanessa Jackson said.

“The two were travelling on a dirt road (T3441) which is off the N14 between Kuruman and Kathu, where the collision with the animal happened about 40 kilometers from the main road” Er24 spokesperson said. Paramedics were called this morning when it is believed that the woman who was on the motorbike managed to walk several hundred meters from the original scene of the crash to obtain signal on her mobile phone. They arrived to find the woman had suffered moderate injuries but was in a state of shock and hyperthermia, he was taken to a local hospital by the Provincial ambulance service said Jackson.

The man who had been on the bike was found lying close to where the crash had happened. He was in an extremely critical condition and was unresponsive. “The paramedics quickly initiated treatment and loaded the injured man into the ambulance after which they rushed through to Mediclinic Kathu” she said.

The details surrounding this collision are still being investigated.

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South Africa’s governing ANC has denied involvement in alleged business deals linked to the deaths of 13 soldiers.

The soldiers were killed in the Central African Republic (CAR) last month, when rebels seized the capital in a coup to depose President Francois Bozize.

Media reports say the South African troops were guarding the president in return for lucrative mining contracts.

The South African government says they were training government forces and providing security.

According to South African Defence Minister Nosiviwe Mapisa-Nqakula, nearly 300 troops were stationed in CAR and they found themselves outnumbered as rebels took the capital Bangui on the weekend of 23-24 March. As well as the 13 dead, another 27 of them were injured.

‘Gallant fighters’

South Africa’s Mail and Guardian newspaper reported on the alleged business interests in an article on Thursday, prompting the African National Congress to threaten the newspaper with legal action.

It accused the paper of urinating on the graves of “gallant fighters who put their lives on the line in service of our country and our continent”.

“The ANC rejects with contempt the damaging and malicious claim by The Mail and Guardian that South African soldiers were sent to the Central African Republic to protect ANC business interests,” it said.

It added that “the ANC as an organisation does not have business interests in CAR”.

Meanwhile the opposition Democratic Alliance has said it will present a motion to parliament demanding the withdrawal of South African troops from CAR – although it is possible that no troops remain there.

Its leader Helen Zille said it looked as if the South Africans were in CAR to defend the regime.

The mission “was reportedly undertaken against expert military advice” and was “allegedly to protect the business interests of a politically connected elite, both in South Africa and the Central African Republic”, she said.

“If this is so, President Zuma’s position both as president of the republic and commander in chief of the armed forces, becomes untenable,” Ms Zille added.

By Obakeng Maje

Sun City-Five people died and other seven critically injured after were ran over by a light motor vehicle North West police said.

Police arrested a 35 year-old lawyer after he allegedly killed five people in Sun City near Rustenburg.

“Police were called to the scene after a lawyer from Johannesburg killed five and injured seven in Lidig street in Sun City” Brigadier Thulani Ngubane said.

According to police a suspect was allegedly driving his BMW X6 at a high speed and plunged to twelve people leaving five dead and seven critically injured” he said.

Paulos Lefakane,23 Tumelo Lekoba,20 Thabo Dipoe,25 Joyce Yende and Solomon Mokgosi were killed in an accident.

Injured victims were rushed to Moses Kotane hospital for medical attention. 

“A lawyer was arrested and charged with culpable homicide and drunk and driving . Police outlined that the driver was allegedly driving under the influence of alcohol” Ngubane said.

He will appear briefly in court at Mogwase on Tuesday.

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Johannesburg – Happy Sindane was found dead in Tweefontein, next to Kwamhlanga, on Monday, Mpumalanga police said.

“It seems as if he was stoned to death,” Captain Leonard Hlathi said.

The motive for the killing was not known. No arrests had been made.

Sindane made headlines in 2003 when he alleged that he was a white boy who had been kidnapped by black people.

After a four-month inquiry to establish his identity the Bronkhorstspruit Children’s Court found in September 2003 that Sindane’s real name was Abbey Mziyaye, the son of a black domestic worker, Rina Mzayiya. The court found his father was probably a white man, Henry Nick, who employed Mzayiya in 1984. He was born that year. The whereabouts of both were unknown.

In 2004 Sindane was run over by a minibus and a car. When the accident occurred Sindane was lying in the road outside the Sinzanani Trust Village place of safety in Bronkhorstspruit, where he lived. It was not known why he was lying in the road.

Later that year Sindane appeared in the Pretoria Magistrate’s Court for malicious damage to property. He was arrested in Marabastad, Pretoria, after he allegedly broke the windows of a taxi with stones.

In 2005 the charges were dropped after the taxi owner told the court he had repaired the damage himself and did not wish to proceed with the case. – Sapa

By Obakeng Maje

Orkney- North West police are investigating a rape case after a three year-old minor was raped.

“Police said a 28 year-old woman left her daughter at the neighbouring house and go to work” sergeant Kelebogile Moiloa said.

The incident took place at Umzomhle in Orkney.

It is alleged that the daughter inform her mum that her private part is itching police said.

“The mother allegedly discover some white substances and a vaseline on the daughter’s private part while trying to wash her” Moiloa said.

“She allegedly took the girl to a local clinic,but left before she could get help. She alleged that it was full” police adds.

The daughter only received a medical attention yesterday and police awaits medical results.

“Police are waiting for medical reports and also a social worker’s decision on the matter” Moiloa said.

Police said they might charge a mother with negligence if the social worker’s report hint.

The suspect is still at large and police investigations continue.

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Durban – A Durban resident is in custody after firing a warning shot which killed an intruder after it ricocheted off a kitchen wall in his Manor Gardens home on Sunday.

Dennis Webster, who says his rented home has been broken into 15 times by intruders because there is no alarm system, woke early to let his dog out. While he was in the bathroom he heard a noise in the kitchen.

“I finished what I had to do and went towards the kitchen. I noticed a guy running through the room towards the inside of the house.”

For more details go to http://www.iol.co.za

Former president Nelson Mandela spent his fifth day in hospital on Monday receiving treatment for a recurring lung infection.

Following their 3-0 victory over Bloemfontein Celtic on the weekend, Kaizer Chiefs now find themselves on the cusp of claiming the third quarter of the PSL’s Q-Innovation concept.

The Amakhosi have already won one quarter, Q1, but missed out on the second one to this season’s surprise package, Platinum Stars.

Stuart Baxter’s side now look set to win Q3, needing just a point in their next game against Maritzburg United in order to take the prize money.

While the quarter could still, mathematically, be won by Moroka Swallows, SuperSport or Wits, in second, third and fourth respectively, Chiefs’ impressive goal difference makes it highly unlikely.

Meanwhile, Orlando Pirates sit in sixth place on the Q3 log, though could jump up to second if they win their game in hand.

AmaZulu find themselves in fifth place following their unbeaten start to 2013 while Black Leopards and Chippa United find themselves in the bottom two.

Team

 Played  

 Points  

GD

Kaizer Chiefs 

7

17

10

Moroka Swallows

7

14

4

SuperSport United

7

14

3

Wits

7

14

2

AmaZulu

7

12

1

Orlando Pirates

6

11

3

Bloemfontein Celtic

7

9

-1

Platinum Stars

7

8

1

Free State Stars

7

8

1

Maritzburg United

7

8

-2

Mamelodi Sundowns

7

7

1

Golden Arrows

7

7

-2

University of Pretoria 

7

5

-3

Ajax Cape Town

6

4

-4

Black Leopards 

7

4

-7

Chippa United

7

4

-7

 Courtesy of http://www.soccerladuma.com