Daily Archives: March 17, 2014

Mr X a muderer-Mpofu


Pretoria – An SA Police Service (SAPS) protected witness, identified as Mr X, is a murderer, liar and habitual criminal, the Farlam Commission of Inquiry heard on Monday.
Dali Mpofu, for the arrested and injured miners, opposed a special arrangement sought by the police to have Mr X testify from a remote location, through a video link.

“He is a multiple murderer and a self-confessed habitual criminal, having at least three murders under his belt. We have not been told what the deal is [between the police and the witness],” said Mpofu.

“Has this habitual criminal been charged, has he been promised immunity? Is he exchanging his so-called safety for frying other people falsely? Is he staying in some posh hotel so that he can come and lie?”

The man identified as Mr X was apparently part of the group of protesting Marikana miners who underwent a ritual that includes two sangomas, the burning of live sheep and swallowing the ashes on 11 August 2012.

In Mr X’s sworn statement, seen by Sapa, he details how the belligerent miners attacked and killed Lonmin security guards Hassan Fundi and Frans Mabelani.

Hassan’s body parts were removed and taken together with Mabelani’s ashes for further muti rituals, according to Mr X.

He details how the sangomas cut Fundi’s parts into smaller pieces and mixed with blood and burnt to ashes.

“We were instructed by the inyangas [traditional healers] to stand in a line and the ashes were put in our mouth using a spoon which we licked and swallowed,” Mr X wrote in his affidavit.

“After this, the inyangas told us that they had accomplished their mission in protecting us from police bullets, made us fearless, strong and invisible to the police.”

Cop killings

Mr X also narrates how he, with other protesters, attacked and killed some police officers on 13 August.

He said they also robbed the officers of their cellphones and service firearms.

Sesi Baloyi, for the police, brought the application, requesting the Farlam-led inquiry to give an order that Mr X should testify in-camera from a remote location.

Baloyi said Mr X’s name would be disclosed only to the commissioners of inquiry, and lawyers for the wounded and arrested miners, but they could not disclose his identity to anyone.

She said it was inherent for the commission to exclude certain members of the public from the inquiry while someone testified.

When Mr X testified, the police wanted only the commissioners, lawyers, and accredited media to be present in the auditorium.

Mpofu said once he received Mr X’s picture, he would share it with his clients.

“The commission cannot be asked to grant an order whose practical effectiveness is doubtful. As soon as Mr [Dumisa] Ntsebeza gives me the photo, I am going to share it with them, all 300 of them,” said Mpofu.

“Mr X says the whole crowd intended to attack the police, it’s so far-fetched that it borders on being ludicrous. All those people, 3 000 people [at the koppie] have a right to refute what is being said about them.”

Testifying in-camera

Mpofu said it was beyond the authority of Farlam to instruct that Mr X testify from a remote location far from the auditorium in Centurion.

“SAPS is entitled to protect its witnesses … they have the methods to meet those dangers. They can provide him with security, we won’t quarrel if he is brought here surrounded by hundred people – that is SAPS’ problem,” said Mpofu.

“He must be sitting in that chair [in the auditorium] like anybody else.”

Evidence leader Kameshni Pillay supported the application to have Mr X testify in-camera through a video link.

“On a factual basis, having regard to all the factors, it has been shown to be reasonably necessary for Mr X to testify in-camera and via the video link,” she said.

She said the life of Mr X and his family would be in danger if the commission demanded that he travel to testify daily at the public hearings in Centurion.

The inquiry is investigating the deaths of 44 people during strike-related violence at Lonmin’s platinum mining operations at Marikana, near Rustenburg in the North West.

The police shot dead 34 people, mostly striking mineworkers, wounded over 70, and arrested 250 on 16 August 2012 while trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and two security guards, were killed.

The public hearings resume on Tuesday.

SAPA

A thief stuffs 20 sheep in Toyota Tazz


Johannesburg – A Toyota Tazz with 20 sheep inside landed an Mpumalanga man behind bars in Ermelo on Monday, police said.
The man was caught by patrolling police between Lothair and Mpuluzi, said police spokesperson Leonard Hlathi.

“Police were busy with their routine patrol when they spotted a suspicious-looking Toyota Tazz.”

He said all passengers seats were removed and the vehicle was loaded with the livestock.

“The driver failed to produce any permit to transport the stock or proof of purchase on request.”

Sixteen of the sheep had died of suffocation when the police stopped the man.

Hlathi said the interrogations revealed that the sheep were stolen from a farm in Lothair.

The man would appear in the Ermelo Magistrate’s Court on Tuesday.

Mpumalanga police chief Lieutenant General Thulani Ntobela said the man could be further charged with animal cruelty.

“Twenty sheep in a Toyota Tazz? How on earth can somebody do such a cruel act? This is quite strange and must be condemned in the strongest terms.”

SAPA

Thuli Madonsela baffled by Joemat-Pettersson’s action


Johannesburg – Public Protector Thuli Madonsela believes no court of law is likely to conclude she was irrational in finding that Fisheries Minister Tina Joemat-Pettersson had acted recklessly in the awarding of a tender, her office said on Monday.

“The public protector further firmly believes that no court of law is likely to find that with the facts before her, she was irrational in finding that the minister acted recklessly and improperly,” said spokesperson Kgalalelo Masibi in a statement.

This was in respect of preserving the sea patrol and research functions of the department of agriculture.

Joemat-Pettersson was taking the public protector to court to challenge her report on the tender to manage the state’s fishery vessels.

Masibi said Madonsela commended the minister for respecting the rule of law by seeking to get a higher authority to review her decision.

“She [the public protector], however, believes the action is premature as the president has to apply his mind to the report and decide what to do with it.”

Joemat-Pettersson told a media briefing in Cape Town on Sunday, “I will be asking the North Gauteng High Court to declare that the report including the findings and recommendations, are reviewed, corrected and, or, set aside.”

Papers were served on Madonsela on Friday, according to Kanthi Nagiah, the head of legal services in the department.

Legal action

Joemat-Pettersson said she was launching the legal challenge because Madonsela refused to reconsider her findings that the minister was guilty of improper conduct and maladministration in regard to the tender.

Madonsela had responded that her findings were final, the minister said.

“The public protector further advised that if I wished to challenge the findings, I should engage the president or subject the report to legal review,” she added.

“I am thus following the advice of the public protector by taking the report on legal review.”

In her report, titled “Docked Vessels” and released on 4 December, Madonsela recommended that President Jacob Zuma consider disciplinary action against the minister.

This was due to Joemat-Pettersson’s “reckless dealing with state money and services, resulting in fruitless and wasteful expenditure, loss of confidence in the fisheries industry in South Africa, alleged decimation of fisheries resources in South Africa and delayed quota allocations due to lack of appropriate research.”

Madonsela said the director general in the presidency should chart a course for taking action against Joemat-Pettersson within 30 days.

Her probe followed a complaint from the DA.

R800m contract

The DA asked Madonsela to probe the awarding of an R800m contract to the Sekunjalo consortium to manage the department’s fleet of research and patrol ships.

The contract was later withdrawn.

Joemat-Pettersson said she had consulted two senior advocates who supported her view that it was wrong of Madonsela to find her “guilty” early in December of delaying quota allocations when the deadline to issue these were only at the end of that month.

Joemat-Pettersson refused to say whether Zuma had raised the report with her, firmly stating that their discussions were not the subject of Sunday’s media briefing.

Her announcement came before Madonsela was due to release her long-awaited report into the refurbishment and security upgrades at Zuma’s home in Nkandla on Wednesday.

The department launched a tender process in 2011 before Smit Amandla Marine’s contract to manage the vessels expired.

Smit Amandla complained that documents in which it tendered for the new contract had been leaked to the rival Sekunjalo Marine Services Consortium.

The department had awarded the deal to Sekunjalo but subsequently withdrew it and ordered Smit Amandla to hand over the management of the vessels to the navy in less than a month, which drew a rebuke from Madonsela for the “abrupt” handover.

The navy was unable to keep the fleet seaworthy, forcing the department to issue an emergency tender to restore them to that state.

SAPA

Cape judge warns against ‘Oscar’s trial’


Johannesburg – Judge President John Hlophe reprimanded a prosecutor in the murder trial of gay night club owner Bruno Bronn, for asking questions that are too long, saying he did not want the case to turn into an “Oscar Pistorius trial”.
The first of three men on trial for the murder of Bronn, was accused on Monday of fabricating events.

Frederick Willem John Coetzer was queried by Arno Nell, for accused number two Fareez Allie, about his version of events on 6 February 2012 when Bronn was strangled.

“I put it to you that you are fabricating this story,” Nell said.

Coetzer, Allie and Achmat Toffa have pleaded not guilty before Judge President John Hlophe and assessor Jaco van Reenen, a retired chief magistrate, to charges of premeditated murder and robbery with aggravating circumstances.

Bronn owned the night club, The Bronx, in the Cape Town, and was strangled in his Sea Point home.

Coetzer, a bouncer at The Bronx, was questioned at length about his relationship with Bronn.

He said he had enjoyed a good working relationship with Bronn, but denied that the relationship was sexual.

Coetzer sniggered at suggestions that he was homosexual or bisexual.

He added: “Bruno was HIV-positive, but always had respect for me and never tried anything with me.”

Coetzer was warned several times by the judge not to be argumentative.

The judge explained that Nell’s function was to cross-examine Coetzer, and Coetzer’s role was simply to answer the questions.

The judge asked Coetzer pointedly: “Did you have a sexual relationship with the deceased or not?”

Coetzer said he had not.

Nell said Bronn had told four people about his sexual relationship with Coetzer, and asked why he would have said so if it were not true.

Coetzer replied: “I do not know.”

Nell said that, according to Allie, Coetzer had boasted about having a relationship with “someone in an affluent neighbourhood”.

Coetzer said he had not told anyone of any sexual relationship with Bronn.

He said the closest, physically, that he had ever gotten to Bronn was shaking his hand two or three times in the seven years that he had known him.

“It could be that Bruno told others that he had a sexual relationship with me, but if he did it was not true. I never slept with him,” he said.

Claims of harassment

Nell said Bronn had complained that Coetzer repeatedly harassed him, and had said he was terrified of Coetzer.

Coetzer said Bronn was in fact terrified, but not of Coetzer.

He added: “The first time that I ever heard that he was terrified of me, was here in court.

“If Bruno had a problem with me, he would have discussed it with me himself.”

Questioned about the happenings on the night in question, Coetzer said he visited Bronn to discuss problems concerning traveller’s cheques.

He was dropped near Bronn’s home by his co-accused, and inside the house Bronn had “rolled himself a joint” as they discussed the cheques.

He said Bronn got a fright when Allie suddenly appeared and gave Coetzer a firearm, with the words, “keep him [Bronn] here, and keep him quiet”.

Coetzer said Bronn tried to struggle past him, and Coetzer grabbed Bronn around the neck to restrain him.

He said he managed to “disarm” the firearm, and in the struggle they both fell to the floor.

At one stage, Nell asked several questions as one, prompting the judge to intervene.

The judge asked Nell to break his long question into several smaller ones, and added: “I don’t want this case to be converted into an Oscar Pistorius trial.”

The trial continues.

SAPA

Pretoria flood damage estimated at R124m


Johannesburg – Early estimates of flood damage in and around Pretoria after the recent heavy rains in Gauteng stood at about R124m, the City said on Monday.
“These figures will be updated as inspections and evaluation of the road and stormwater network continues,” spokesperson Blessing Manale said in a statement.

He said the full extent of the damage was being assessed in seven regions in the City of Tshwane.

Manale said stormwater not running off road surfaces, and road seals absorbing water, caused potholes to develop on the roads.

The potholes could not be immediately repaired due to the wet conditions and maintenance teams had to use “holding” actions, by filling up potholes with gravel or a mixture of gravel and cement.

“Permanent repair and possible reconstruction will proceed once conditions are suitable for these actions,” Manale said.

He said extra money would be required to repair the damage and that the focus was on preventative measures on the road.

Road repair operations would begin on public transport routes and main arterial routes, with the extent of the damage determining the repair phase.

“Certain roads will have to be reconstructed as the asphalt surface of the road and layer work was extensively damaged,” said Manale.

Social relief

The health and social development department would be part of a task team that would assess the flood situation within the city.

“The department activated emergency social relief within its means including food supplies, blankets and clothes to the displaced families,” he said.

The department had also initiated a surveillance programme, to monitor water-borne diseases and other environmental health hazards which could cause health problems.

“The water-borne diseases under surveillance include cholera, hepatitis and traces of sewerage pollution in the water courses,” said Manale.

Environmental health services were on high alert to prevent an outbreak of diseases, and to swiftly respond to outbreaks.

He urged people to report potholes and other surface defects in order to limit the cost of repairs and to reduce risks to the municipality.

SAPA

Premier Modise to pronounce on Bodibe traditional leadership claim within two weeks    


Bodibe-The determination as to whether the Modiboa families in Bodibe village should be recognised as a traditional community will be known in the next two weeks when the  Commission on Traditional Leadership Disputes and Claims presents its findings and recommendations on the claim lodged by Keorapetse Prince Motlhako to Premier Thandi Modise.

The Modiboa families residing in Gomola section in Bodibe village which is under Kgosi Rapulana Victor Matlaba of the Barolong Boo Tau Rapulana are currently not recognised as a traditional community.

“Motlhako lodged a claim to be recognised as a senior traditional leader of the Barolong Boo Modiboa on 3 June 2013” premier Thandi Modise’spokesperson Lesiba Kgwele said.

After receiving the recommendations of the commission, Premier Modise will announce the research findings and recommendations to all the parties that were interviewed.

The Commission for Traditional Leadership Disputes and Claims was established in terms of the Traditional Leadership and Governance Framework Act 41 of 2003 to restore the dignity and integrity of traditional communities and the entire institution of traditional leadership across the country. 

“The North West Committee on Traditional Leadership Disputes and Claims has since its inception finalised investigations into over 110 traditional leadership disputes and claims” Kgwele said.-TDN
Follow us on Twitter@Taung_DailyNews or @IceT_ 

MEC MASIKE TO UNVEIL FIRST 10 NEW OBSTETRIC AMBULANCES IN THE PROVINCE


The North West Department of Health has procured 10 well equipped Obstetric ambulances at a cost of R5.9 million.

“These obstetric ambulances will exclusively transport high risk cases that require immediate referral between all levels of care” North West Health MEC Dr Masike said.

According to North West Chapter of Saving Mothers Report 2008 – 2010, the largest part of the population lives mainly in rural areas and 25-30% represents the number of women in a reproductive age (15-49%).

He said amongst administrative avoidable factors of maternal deaths, transport was singled out as a major challenge.

“Twenty two(22) mothers died due to lack of transport, out of which 4 (11%) had problems of home to the institution and 18 (8.1%) institution to institution” said Masike.

In May 2012, Minister of Health, Dr. Aaron Motsoaledi launched CARMMA in Kwazulu Natal. In response to the MDG 5, Minister Motsoaledi among other strategies recommended procurement of Obstetric Ambulances.

However, despite the challenges highlighted the Department has made some progress which has seen maternal mortality reduction from 229 per 100 000 live births in 2008 to 145/100 000 live births in 2011.

According to Masike, the province had also seen a decrease in the Infant Mortality Rate from 40 deaths per 1 000 live births in 2009, to 30 deaths per 1 000 live births in the same reporting period.

The figures are expected to decline drastically following the establishment of 16 maternity waiting homes to bring pregnant women closer to birthing places two weeks prior to delivery. Maternity Waiting Homes cater for pregnant women with complications or those that are far from health care facilities.

The Ambulances will be distributed to all Districts as follows:

 DISTRICT

NUMBER

RATIONALE

Bojanala

3

It is vast and highly populated

Dr RSM

3

It is vast and very rural District

NMM

2

Very rural

Dr KK

2

It is an NHI pilot site and has high maternal mortality ratio.

“These ambulances will help improve access to skilled birth attendants, reduce ambulance turn-around time; and reduce maternal and child mortality due to lack of delay of transport. Ten(10) more obstetric ambulances will be procured within the financial year 2014/2015” he said.

Health MEC, Dr. Magome Masike will unveil the 10 Obstetric ambulances in Rustenburg on Wednesday.

The unveiling will coincide with a two day Provincial Health Consultative Forum to be attended by health stakeholders in the province. The aim of the forum is to involve both internal and external stakeholders to participate and advise the department on its policies and programmes targeted at improving the provision of health care services. 

Amongst issues to be looked at the forum include improvement of health status of communities through implementation of integrated health programme and promotion of healthy living, management of district health system; and impact of municipal services to quality health care.

Details are as follows:
Venue: Orion Safari Lodge, Rustenburg Kloof
Date: 19 to 20 March 2014
(Obstetric ambulances will be unveiled at 12h00)

Time: 10h00
-TDN
Follow us on Twitter@Taung_DailyNews or @IceT_

ANC takes action against gunman


Johannesburg – Disciplinary action will be taken against ANC member Nelson Mdayi – identified as the man wielding a gun in newspaper pictures of clashes in Bekkersdal, the party said on Monday.
“The ANC will institute disciplinary action against Mdayi for bringing the organisation into disrepute by carrying a firearm whilst on a campaign trail,” said ANC Gauteng spokesperson Nkenke Kekana.

“His action has undermined the ANC’s integrity and [its] public image. The ANC does not approve the use of weapons during election campaign activities from its members or from any political party, as this can only serve to intimidate or escalate tensions unnecessarily.”

The party’s provincial integrity committee would look into the matter. Mdayi is also a government employee and a resident in Bekkersdal.

The City Press on Sunday reported that he was employed by the Westonaria municipality.

On Thursday, an ANC delegation visiting Bekkersdal, west of Johannesburg, were pelted with stones during a door-to-door campaign ahead of the 7 May general election.

The delegation included Eric Xayiya, Ntombi Mekgwe, and Brian Hlongwa.

Thabang Wesi, leader of the Concerned Residents of Bekkersdal, said residents saw ANC “bodyguards” with weapons in the township shooting at unarmed people, mainly school pupils.

The Star on Friday reported that ANC “bodyguards” fired live ammunition at residents after disrupting schooling.

The Citizen newspaper carried pictures of the episode. One was of Mdayi wearing an ANC bib with a gun behind his back.

Gun license questioned

Police spokesperson Lungelo Dlamini told the newspaper the case was outside the jurisdiction of the police.

He could not be reached for comment on Monday.

Kekana called on the police to investigate whether Mdayi’s gun was licensed.

He said ANC officials were in touch with community members of Bekkersdal to address their concerns.

“We want to work the community… to resolve election campaign issues and related matters, so that all voters, no matter which party they will choose to vote for, can go to the polls in peace and without fear,” he said.

“It is unacceptable that schooling should be disrupted, and that legitimate public representatives be barred from doing their work.”

He said an investigation into the matter was also being carried out by the government.

“We will not accept any violence or acts of intimidation from any of our members and we will therefore investigate any wrongful action or intent.”

He urged ANC members to adhere to the Constitution.

“We encourage all of our volunteers to adhere to the election code of conduct in all their door-to-door and on-the-ground efforts.”

– SAPA

ANC takes action against gunman


Johannesburg – Disciplinary action will be taken against ANC member Nelson Mdayi – identified as the man wielding a gun in newspaper pictures of clashes in Bekkersdal, the party said on Monday.
“The ANC will institute disciplinary action against Mdayi for bringing the organisation into disrepute by carrying a firearm whilst on a campaign trail,” said ANC Gauteng spokesperson Nkenke Kekana.

“His action has undermined the ANC’s integrity and [its] public image. The ANC does not approve the use of weapons during election campaign activities from its members or from any political party, as this can only serve to intimidate or escalate tensions unnecessarily.”

The party’s provincial integrity committee would look into the matter. Mdayi is also a government employee and a resident in Bekkersdal.

The City Press on Sunday reported that he was employed by the Westonaria municipality.

On Thursday, an ANC delegation visiting Bekkersdal, west of Johannesburg, were pelted with stones during a door-to-door campaign ahead of the 7 May general election.

The delegation included Eric Xayiya, Ntombi Mekgwe, and Brian Hlongwa.

Thabang Wesi, leader of the Concerned Residents of Bekkersdal, said residents saw ANC “bodyguards” with weapons in the township shooting at unarmed people, mainly school pupils.

The Star on Friday reported that ANC “bodyguards” fired live ammunition at residents after disrupting schooling.

The Citizen newspaper carried pictures of the episode. One was of Mdayi wearing an ANC bib with a gun behind his back.

Gun license questioned

Police spokesperson Lungelo Dlamini told the newspaper the case was outside the jurisdiction of the police.

He could not be reached for comment on Monday.

Kekana called on the police to investigate whether Mdayi’s gun was licensed.

He said ANC officials were in touch with community members of Bekkersdal to address their concerns.

“We want to work the community… to resolve election campaign issues and related matters, so that all voters, no matter which party they will choose to vote for, can go to the polls in peace and without fear,” he said.

“It is unacceptable that schooling should be disrupted, and that legitimate public representatives be barred from doing their work.”

He said an investigation into the matter was also being carried out by the government.

“We will not accept any violence or acts of intimidation from any of our members and we will therefore investigate any wrongful action or intent.”

He urged ANC members to adhere to the Constitution.

“We encourage all of our volunteers to adhere to the election code of conduct in all their door-to-door and on-the-ground efforts.”

– SAPA

Marikana evidence leader supports bid for Mr X


Pretoria – A police witness, only identified as Mr X, should testify from a remote location, the Farlam Commission of Inquiry heard on Monday.

Evidence leader Kameshni Pillay supported an application to have Mr X testify in-camera through a video link.

“On a factual basis, having regard to all the factors, it has been shown to be reasonably necessary for Mr X to testify in-camera and via the video link,” she said.

The life of Mr X and his family would be in danger if the commission demanded that he travel to testify daily at the public hearings in Centurion.

“Having regard to what we understand to be the version of Mr X and the extent to which he directly implicates individuals, whom he said are capable of brutal violence, it is reasonable to draw the conclusion that his life will be in danger.

“There have been a number of witnesses who have not only been threatened but have also lost their lives,” said Pillay.

Farlam has authority to make arrangements

Sesi Baloyi, for the SA Police Service, earlier submitted the application for Mr X to testify through a video link.

Baloyi said the commission chaired by retired judge Ian Farlam had the authority to make such special arrangements for a particular witness.

The man identified as Mr X was apparently part of a group of protesting miners which underwent a ritual at Marikana that included the burning of live sheep on the night of 11 August 2012.

The rituals were a preparation for a confrontation with police, according to documents in the SAPS application.

He would testify about “the killing and intimidation of Lonmin employees who were unwilling to take part in the violent strike”.

Baloyi said Mr X’s name would be disclosed only to the commissioners of the inquiry, and lawyers for the wounded and arrested miners, but they could not disclose it to anyone.

When Mr X testified, the SAPS wanted only the commissioners, lawyers, and accredited media to be present in the auditorium.

Miners’ lawyers oppose application

The SAPS proposed that Mr X testify from a remote location.

“Members of the public willing to listen to the evidence of Mr X may do so by listening to audio transmission. The media reporting on his evidence should not identify him or in any way disclose his identity,” said Baloyi.

“Any video footage recording the evidence should be blurred or blacked-out so as not to disclose his identity in any way.”

The SAPS application was opposed by Dali Mpofu, SC, for the wounded and arrested miners, Dumisa Ntsebeza, SC, for the families of slain miners, and Anthony Gotz for the Association of Mineworkers and Construction Union (Amcu).

Concern over killings

The inquiry is investigating the deaths of 44 people during strike-related violence at Lonmin’s platinum mining operations at Marikana, near Rustenburg in the North West.

The police shot dead 34 people, mostly striking mineworkers, wounded over 70, and arrested 250 on 16 August 2012 while trying to disarm and disperse them. In the preceding week, 10 people, including two policemen and two security guards, were killed.

In August 2013, Farlam expressed concern about murders linked to possible witnesses of the inquiry.

“It is a matter of concern because a number of people connected to this commission have been assassinated. It is a matter which I am sure is receiving attention from the authorities,” he said
SAPA