Monthly Archives: February 2014

You can stil register- Presidency


Johannesburg – The presidency on Monday urged eligible voters who missed the final voter registration weekend to register at the Independent Electoral Commission’s (IEC) offices in all municipalities.

“South Africans must apply for registration on or before the day that the upcoming election date is proclaimed [published in the Government Gazette] by the president, after which the voters’ roll is closed for that specific election,” spokesperson Mac Maharaj said in a statement.

“No date has been set as when the proclamation will be issued and gazetted but it is expected that this will happen before the end of February 2014.”
He said eligible voters should make an appointment to apply for registration at their local IEC branch during office hours.

The presidency had received enquiries from people who still wanted to register, he said.

“By law, they must apply in person [no online or e-mail registrations are permitted].”

On Sunday, the IEC said more than one million people registered to vote over the final registration weekend.

“It is estimated that yesterday [Saturday] there was total registration activity of about 1.2 million across the country,” spokesperson Kate Bapela said at the time.

She said about half of the people who registered to vote on Saturday were new voters aged between 18 and 29.

“Early indications from the country’s 22 263 registration stations showed that young people were heeding the call to participate in the elections which mark the 20th year of democracy,” Bapela said.

President Jacob Zuma announced on Friday that the fifth national general elections would be held on 7 May.

– SAPA

Premier Modise condemns Freedom Park mob killings  


Rustenburg-North West Premier Thandi Modise has condemned the alleged killing of three people whose properties were also torched at the Freedom Park Informal Settlement in Rustenburg.

“We condemn, in the strongest terms possible, vigilantism as it leads to lawlessness and revenge attacks by persons who feel aggrieved by the actions of those who conduct kangaroo courts and give themselves the roles of judges and executioners,” Premier Modise said.

Modise called on the public report crime to authorities in the criminal justice system instead of taking the law into their own hands.

She said that vigilantism creates a cycle of violence that undermines the rule of law.

According to police, two men were shot and injured, allegedly by two Lesotho nationals, at a tavern in the area on Saturday.

Brigadier Thulani Ngubane said that the wounded men were taken to a nearby hospital.

One of the foreigners was then caught by a mob on Sunday. He was taken to a tavern and burnt alive, said Ngubane.

The second Lesotho man was also caught and stripped naked by the mob. He tried to escape by running into a neighbour’s shack but was caught and murdered.

Both foreigners were found with stab wounds, Ngubane said.

Five thousand people, on Monday, went to a local businessman who they suspected of harbouring the Lesotho men and other criminals.

“The crowd allegedly looted his shop, burnt his properties including a house as well as vehicles, and killed him,” said Ngubane.

Several shacks were also torched.

Police were deployed to stabilise the situation in the area. A firearm with five rounds of live ammunition and one spent cartridge casing was seized from the crowd, said Ngubane.

No arrests were made and police were investigating.-TDN
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Victims’ families get poor treatment- Witness


Cape Town – The families of murder victims in Khayelitsha, Cape Town, suffer further injustices when police treat them poorly, the Khayelitsha Commission of Inquiry heard on Tuesday.

“What we have to take seriously is how the police treat people,” non-governmental organisation Ndifuna Ukwazi’s (Dare to Know) director Zackie Achmat said in his testimony.

“In all the cases I will raise and discuss, it is always us who have to go to the police. It is rarely… that the police come to us.”

Achmat gave examples of three women murdered in Khayelitsha, namely Lorna Mlofana in 2003, Nandipha Makeke in 2005, and Zoliswa Nkonyana in 2006.

Mlofana was an HIV/Aids educator in the area and went to a tavern at the end of the year for a few drinks. She was raped and when her attackers found out she was HIV positive, was kicked to death.

Achmat said the police failed to use a sexual assault kit because her body looked like she had been run over by a truck when she arrived at a hospital.

“What comes afterwards was horror and a travesty.”

He said police failed to keep her family informed about what was happening in court, and it was only through the Treatment Action Campaign’s efforts and relationship with the station commander that they were told what was going on.

Advocate Peter Hathorne asked his witness what he thought of provincial police commissioner Arno Lamoer’s affidavit, in which he stated that the task team had looked at the case and noted the conviction and sentencing of two men for the crimes.

Achmat replied that police had never informed Mlofana’s family of a subsequent appeal by the perpetrators, which resulted in a lighter conviction.

“The first time my colleagues knew about this was when that person was out on the street,” he said.

He also took offence at Lamoer’s stance, in his affidavit, on Makeke’s case. In it he stated that the task team found her case had been properly investigated. Makeke was raped by a gang of boys and killed in a toilet.

“Never once did the police go visit the family and say this is the situation,” Achmat said.

Zoliswa Nkonyana lived openly as a black lesbian in Khayelitsha. She was killed because of her sexual orientation and nine men, mostly juveniles, were arrested.

“A policeman helped some perpetrators escape from the Khayelitsha court. What I’d like to know is what happened to that policeman,” Achmat said.

“That’s something that people face in Khayelitsha on a daily basis.”

Achmat recommended that before any recommendations by the inquiry could be implemented, the police first had to apologise to the women’s families for what had gone wrong.

The commission was set up by Western Cape Premier Helen Zille to probe accusations by civil society formations that police inaction was leading to an increase in mob justice killings in the area.

The Social Justice Coalition alleged police inefficiency was leading to criminals running rampant in the sprawling township, and residents being forced to take the law into their own hands.

The commission’s activities were delayed for some time when Police Minister Nathi Mthethwa tried to have the inquiry scrapped. Mthethwa lost his legal bid to stop the commission in the Constitutional Court in October last year.

The first phase of hearings was expected to end on 21 February.

SAPA

Six killed in a crash


Johannesburg – Six people were killed in a head-on collision on the N4 between Ngodwana and Elandshoek on Monday, the Mpumalanga community safety department said.

Three men and three women travelling in a bakkie were killed when they collided with an articulated truck, spokesperson Joseph Mabuza said in a statement.

“Three people survived from the truck and they did not sustain any injuries.”

Community Safety MEC Vusi Shongwe called for police to urgently investigate the crash and for drivers to be vigilant.

Shongwe sent his condolences to the families of those killed.

“The MEC said by punishing reckless drivers, the government will be sending strong messages to reckless drivers and this will assist in making the roads safer,” Mabuza said.

SAPA

Cop quizzed over Marikana resources


Pretoria – North West police chief Lieutenant General Zukiswa Mbombo did not know that her charges ordered 4 000 bullets during last year’s strike at Lonmin’s platinum mine in Marikana, the Farlam Commission of Inquiry heard on Monday.

She was cross-examined by George Bizos, SC, representing the Legal Resources Centre, at the inquiry in Pretoria.

Bizos said Mbombo should have known critical matters of such an operation because it touched “on the life and death of people”.

“The resources that we needed at Marikana are the resources that were to be gathered and provided under your authority and your initiative. Who ordered the 4 000 sharp [live] bullets?” asked Bizos.

“You are in charge of the [provincial] budget. Surely it must be a matter of concern to you that things are being ordered without your knowledge?”

Mbombo responded: “I do not dispute what the advocate is saying. I have authority over day-to-day procurement of resources. I don’t know how much toilet paper is issued or how much water is drunk.

“I have people I work with at different levels who take care of those things.”

Bizos remarked that the police chief did not credit him with much intelligence. He said an operation of the Marikana strike’s magnitude was far from the day-to-day running of police work.

Mbombo argued that it was not important for her subordinates to consult her over the quantity of ammunition needed for the intervention.

Bizos asked Mbombo to explain if she knew that the police requested four mortuary vehicles on 16 August, before the shooting on 16 August 2012.

“You knew that a battle was going to be fought on 16 August. Did you get that sense from any of your senior officers that a battle was being prepared? Mortuary vans, the bullets, those are things for battles and not for settling disputes,” said Bizos.

Mbombo said she only found out about the request for mortuary vehicles “lately”.

Exhibits previously presented at the commission by evidence leader Matthew Chaskalson SC suggests that police asked for four mortuary vans to be sent to Marikana from the Phokeng mortuary during the strike.

The evidence also shows that only one was dispatched and arrived before the shootings.

The commission, led by retired judge Ian Farlam, is probing the deaths of 44 people in Marikana. On 16 August 2012, 34 people, mostly striking miners, were shot dead and 78 people were wounded when the police fired on a group gathered at a hill near the mine.

They were trying to disperse and disarm them.

In the preceding week, 10 people, including two policemen and two security guards, were killed in strike-related violence.

The public hearings continue.

SAPA

Dockets stolen from police station


Johannesburg – Ninety-five dockets were stolen from the Alexandra Road police station in Pietermaritzburg, KwaZulu-Natal police said on Monday.

The burglary happened on 29 January, Captain Thulani Zwane said.

A detective reported for duty around 07.30 and found his office door open.

“Upon further inspection he noticed that 95 of his dockets, which included charges related to theft, malicious damage to property and drunken driving, were taken,” Zwane said.

He said no forced entry was noted on the premises. “It is believed that the investigating officer locked his door the previous day, 28 January, at about 16:00 and when he returned the following day he discovered the office was broken into,” Zwane said.

No arrests have yet been made.

“The theft of these dockets will not have any impact on investigation since the dockets are scanned. Electronic copies of the dockets are available and the information from the docket is captured on the system,” he said.

SAPA

Suspected killer gets bail


Johannesburg – A man accused of murder, robbery and possession of unlicensed firearms and ammunition was released on free bail by the Kabokweni Magistrate’s Court, Mpumalanga police said on Monday.

Sanele Godfrey Sambo, 22, also known as “Spykos”, was released on Friday because of new facts, said Brigadier Selvy Mohlala.

Mohlala could not provide details of the new facts that led to Sambo’s release.

Sambo faced two charges of murder, one charge of business robbery, and two charges of possession of unlicensed firearms and ammunition.

He was arrested in June last year in Prinsloo Street, Pretoria, after police received a tip-off about where he was hiding, said Mohlala. Provincial commissioner Lieutenant General Thulani Ntobela expressed concern on Monday over Sambo’s release.

“The police had worked tirelessly in ensuring that the suspect had been arrested after he ran away from his evil actions,” said Ntobela.

“I am very much disappointed by the release and we will investigate if there was any form of unfair collusion, either by the police or anyone, and get to the bottom of this matter,” said Ntobela.

SAPA

Block questions auditor’s objectivity in court


Kimberley – The objectivity of a forensic auditor testifying in the Northern Cape Trifecta fraud case was questioned in the Northern Cape High Court on Monday.

Judge Mathebe Phatshoane is hearing evidence in a fraud and corruption case against Northern Cape ANC heavyweights John Block, Alvin Botes, Yolanda Botha and Trifecta director Christo Scholtz.

The cross-examination of Trevor White, a PWC forensic auditor, started with Block’s defence counsel Salie Joubert, on Monday.

The National Prosecuting Authority alleges the Trifecta Group entered into a number of lease agreements with the Northern Cape social development department in which rentals, or rental space, were grossly inflated.

The accused have all pleaded not guilty to all the charges against them or their companies.

Joubert questioned White’s testimony on a paragraph in his report in which he quoted from an official’s police affidavit pertaining to Block.

The paragraph includes the words “as die big chief iemand stuur, kom jy die opdrag na” (if the big chief send somebody, you better follow the orders) and relates to an apparent phone call from Block the official received.

The official, Eubraim Crouch, was at the time a director in the Northern Cape department of public works, and Block allegedly gave him the contact numbers of Sarel Breda, a Trifecta director, to contact.

“What do you want to convey by that paragraph,” Joubert asked White.

He said it indicated Block wanted to use Crouch to get something.

Joubert responded: “That is wrong what you think, Mr White. That was conveyed in a totally different scenario… and has a impact on your objectivity right from the start.”

Joubert asked White if he read Crouch’s whole statement.

White said he had not recently read Crouch’s whole statement.

Joubert argued White had focused on various irrelevant aspects in his testimony, while ignoring relevant information.

Referring to the charge sheet, Joubert submitted Block had a right to get involved in business as a citizen.

Joubert, also representing Alvin Botes, wanted to know why White linked a tender in Springbok in October 2006, with Botes’ appointment as a member of the executive (MEC) in May 2009.

“What is the relevance to May 2009? What do you want to convey,” he asked the State’s witness.

White said it was to highlight who Botes was in relevance to the (his) report.

“That statement has absolute no bearing on the Springbok lease,” said Joubert.

Touching on a count of corruption against Botes in regard to 39 Trifecta salaries he received, Joubert submitted that tax was deducted from these amounts.

“Unemployment was deducted. It seems there were annual increases in the salary. Do you see,” asked Joubert.

White confirmed, adding it also showed there was a declared relationship between Botes and Trifecta.

Botes had to resign from his Trifecta job when he became MEC, the court heard earlier.

Legal counsel for Scholtz, Botha and the Trifecta group still need to cross-examine White.

The trial continues.

SAPA

ConCourt to hear grants submissions


Johannesburg – The Constitutional Court will hear submissions on Tuesday for a just and equitable solution to a social grants contract that it previously found to be invalid.

In November, the Constitutional Court declared the tender awarded to Cash Paymaster Services (CPS) by the SA Social Security Agency (Sassa) constitutionally invalid.

The court ordered that the declaration of invalidity be suspended until a just and equitable remedy to the situation was found.

AllPay Consolidated Investment Holdings, which lost the R10bn tender to CPS, took the matter to the Constitutional Court.

This was after the high court declared the tender process procedurally unfair. The high court declared the process invalid, but declined to set the tender aside because it would disrupt the payment of social grants.

AllPay then appealed to the Supreme Court of Appeal, which overturned the high court’s order due to “inconsequential irregularities”. On this basis it concluded that the award of the tender to CPS was not unfair.

The Constitutional Court later found that Sassa had failed to give due regard to the importance of black economic empowerment in procurement.

Sassa should have investigated and confirmed the empowerment credentials of bidders before the award.

When the Constitutional Court declared the decision to award the tender to CPS constitutionally invalid, but found that if the tender were set aside it could cause serious disruption to the payment of social grants.

AllPay argued that the only just and equitable solution would be to temporarily suspend the declaration of invalidity so that a new tender process could appoint a new contractor to take over.

Corruption Watch and the Centre for Child Law (CCL), represented by the Legal Resource Centre (LRC), joined the case as amicus curiae or “friends of the court”.

The CCL and LRC said in a statement on Monday that their lawyers would ensure that court considered the interests of grant recipients.

The CCL and LRC said there were 15 644 273 grant recipients, most of them children.

SAPA

Mdluli a no show at police labour case


Johannesburg – Former police crime intelligence head Richard Mdluli failed to attend an unfair labour practice case involving his former unit on Monday, despite having been subpoenaed to give evidence, Solidarity said.

The case involves Colonel Kobus Roos, represented by Solidarity, who claimed to have tried for years to expose corruption in the police.

Roos was moved from his position as acting head of crime intelligence’s internal audit division by Mdluli, after making a protected disclosure containing allegations and proof of corruption in the unit.

Roos is currently with the crime intelligence unit’s inspection and evaluation division. This division was never functional and is currently closed.

Solidarity approached the Johannesburg Labour Court in a bid to get Roos reinstated to his previous position at the internal audit division, arguing that he had virtually no work to do in his current post and was subjected to unbearable working conditions.

Solidarity spokesperson Johan Kruger said that Mdluli was expected to be one of the SAPS’s chief witnesses.

“Although the court case, in essence, deals with unfair labour practice, it is inevitable that the nature and findings of Roos’s probes would also be raised.”

Had Mdluli taken the stand, details of Roos’s findings would have emerged.

“Therefore, it does not come as a surprise that Mdluli did not show up at court. ”

Instead, Solidarity would investigate the possibility of bringing the evidence uncovered in the course of the lawsuit to the Public Protector’s attention.

According to Kruger the SA Police Service’s legal team on Monday conceded that Roos had been unfairly treated.

“The court also ordered the SAPS to pay Solidarity’s legal costs in full,” he said.

When the case resumed on Tuesday, the police would provide a list of comparable positions that Roos could choose from.

Kruger said that closing arguments would be presented on Tuesday, and that the court had yet to rule on what compensation Roos might be entitled to.

SAPA