Daily Archives: March 27, 2014

Key points of Oscar’s Defence


Pretoria – The defence in Oscar Pistorius’s trial will open its case on Friday and may first put the double-amputee Olympian accused of murder on the witness stand.

Pistorius claims he fatally shot Reeva Steenkamp by mistake thinking she was an intruder in his home. But because he has admitted to killing her, legal experts say Pistorius needs to explain why in court.

Some key parts of the defence’s case:

Pistorius’s testimony

Pistorius testifying will be crucial to his defence against the murder charge because it allows the judge to determine his credibility. They will have to convince Judge Thokozile Masipa and her two assessors that he did not intend to kill his girlfriend, and is not guilty of murder.

However, Pistorius testifying opens him up to cross-examination by prosecutor Gerrie Nel, who will likely ask the Paralympian uncomfortable questions about why he shot four times from close range through a locked toilet door, hitting Steenkamp in the hip, right arm and head, killing her. Prosecutors say Pistorius argued with Steenkamp before he shot her with his 9mm pistol.

Asked if Pistorius would take the stand, defence lawyer Brian Webber said: “I don’t think we have a choice, it’s a question of when.”

Screaming

One of the foundations of the prosecution’s case is that Steenkamp screamed before and during the gunshots.

The prosecution’s first witness was a neighbour who testified to hearing a woman screaming on the night Steenkamp died.

Several neighbours say they heard a woman’s screams that night, and a pathologist and police ballistics expert say it’s possible and likely.

Pistorius’s defence needs to cast doubt on the screaming because it suggests the couple were fighting and that Pistorius knew where Steenkamp was when he shot her, contrasting his version of events.

The defence says that Pistorius was the only person to scream, sometimes in a high-pitched voice, and will use noise tests to show neighbours are mistaken about a woman’s voice.

They will also fight the prosecution’s claim that Steenkamp screamed during the shots through ballistic evidence.

Pistorius fired four times with two quick “double-tap” bursts, chief defence lawyer Barry Roux says, and Steenkamp didn’t have time to yell out.

Marks on the door

Defence experts say police forensic investigators missed two marks on the toilet door through which Pistorius fired the fatal shots.

Defence says one is a mark from one of Pistorius’s prosthetic legs and the other is from a cricket bat. Although those marks may not deal directly with the killing, defence lawyers will use them to attempt to show that Pistorius’s story is true that he tried to kick down the locked door with his prosthetics and then battered it with the bat to try to help Steenkamp.

Through it, the defence will argue that Pistorius’s entire story is consistent and truthful.

Character questions

At the start of the trial, the defence objected to part of the prosecution’s evidence against Pistorius on the grounds that it was character assassination.

The evidence in question largely related to the two firearm charges Pistorius also faces for shooting guns in public.

If the defence can show Pistorius was not at fault for the two incidents – and he has pleaded not guilty to both – then maybe it can start breaking down some of the prosecution’s damaging suggestions that Pistorius was angry and trigger happy.

The unexplained

The defence may discuss so far unexplained pieces of evidence introduced by the prosecution. Prosecutors have shown through crime scene photographs that there was damage to Pistorius’s bedroom door, to bathroom tiles and to a metal panel in the bathroom where Steenkamp was shot, inferring that there was a fight and that is why he killed her.

Also, the pathologist who performed the autopsy on Steenkamp’s body says she ate no more than two hours before she died, so not before 01:00.

Pistorius’s story is that they were both in the bedroom and ready for bed at 22:00 and does not match the pathologist’s finding.

Pistorius may have to explain those things in his testimony and his defence may have to offer alternative explanations.

AP

Cops seeking prosecutor for Nkandla case- DA


Johannesburg – Police were seeking a prosecutor for the Nkandla case, the DA said on Thursday.

“As a sign of confidence in our case, the police are seeking the appointment of a prosecutor to the matter, who may even expand the charges against [President] Jacob Zuma beyond those laid by the DA,” spokesperson Mmusi Maimane said in a statement.

Maimane said he and DA parliamentary candidate, Glynnis Breytenbach, met police officers assigned to the Nkandla case on Thursday.

Last week, Maimane opened a corruption case against Zuma at Nkandla police station near the president’s private homestead in KwaZulu-Natal.

The laying of charges followed the release of Public Protector Thuli Madonsela’s final report on the upgrades to Zuma’s homestead.

In her report, Madonsela found Zuma “unduly benefited from the enormous capital investment” in the Nkandla upgrades, totalling R246m.

SAPA

Calls for Zuma to resign


Cape Town – The Institute for Accountability in Southern Africa has urged the ANC to ask President Jacob Zuma to resign or recall him as presidential candidate for the May elections.
In a letter to ANC secretary general Gwede Mantashe, the institute said the public protector’s findings that Zuma had unduly benefited from state-funded work on his private Nkandla homestead in KwaZulu-Natal, and the shadow of corruption charges linked to the 1999 arms deal, made Zuma unfit for the post.

“We would urge you and your colleagues on the national executive committee [NEC] of the ANC to reconsider the implications of persisting with JZ [Jacob Zuma] as your presidential candidate in the forthcoming elections and to give serious attention to recalling him as presidential candidate if he does not opt to voluntarily resign,” the institute’s director Paul Hoffman wrote.

He said this would be the best way for the ANC to convince voters that it remained committed to the rule of law and the Constitution.

He warned the ruling party faced the risk that corruption charges against Zuma could be reinstated in the next five years, if the DA’s court review of the withdrawal of the charges shortly before the last elections succeeded.

Given this, and Zuma’s track record in office, Hoffman said it would be irrational to have him run for a second term.

“The problem is that JZ [Zuma] is so compromised and in such an unmanageable conflict of interest position that he is effectively incapable of properly fulfilling his obligations, duties and functions as president of the country.”

The NEC is due to meet this weekend.

– SAPA

Marikana widow demands justice


Pretoria – The wife of Warrant Officer Sello Leepaku, who was killed during a confrontation with Marikana miners in 2012, and critically wounded Lieutenant Shitumo Solomon Baloyi await justice, the Farlam Commission of Inquiry heard on Thursday.
Louis Gumbi, for Leepaku’s family and Baloyi, cross-examined North West police air wing commander Lieutenant Colonel Salmon Vermaak at the commission’s public hearings in Pretoria on Thursday.

“The client I represent in this commission, when he was killed, had 23 years of experience as a public order policing [POP] member. He did not have disciplinary action against him and he had two loyalty medals.

“My second client, Lieutenant Baloyi, had around 23 years as a POP member and was mobilised that day from Pretoria. My mandate from the family of Leepaku, especially his wife, is that we leave no stone unturned around the death of Warrant Officer Leepaku,” said Gumbi.

He said Baloyi, who sustained almost nine stab wounds during a confrontation with protesters at Lonmin’s platinum mining operations at Marikana, near Rustenburg in North West, on 13 August 2012, wanted the truth.

“He says we must leave no stone unturned surrounding his injury. We are going to do that and since the beginning of this commission we have stuck to that mandate,” said Gumbi.

He said Baloyi would testify at the inquiry, but senior SA Police Service officers had attempted to thwart his testimony.

“He will also testify, as you [Vermaak] testified in this commission, how you were intimidated by senior management of the SAPS to adduce evidence in this commission.

“He will testify about how he was intimidated by senior police officers in the SAPS when he wanted to present his own independent evidence about what transpired on the 13th.”

Intimidation claims

At that stage, commission chairperson, retired Judge Ian Farlam, told Gumbi to file supplementary affidavits before dealing with Baloyi’s intimidation claims.

Gumbi said Baloyi contended there was a lack of intelligence gathering when police officers were deployed to manage the crowd of miners armed with traditional weapons.

“The version of Lieutenant Baloyi is that information that General [William] Mpembe had regarding the group of strikers who had performed rituals with a sangoma, such information was supposed to be conveyed to officers.

“Such information was supposed to be conveyed to members in advance but on that day it was never conveyed. That information was important so that members, especially from Pretoria, [would] know the group they were going to confront.”

Vermaak said critical information should have been relayed to the intervening officers.

Mpembe is North West deputy provincial police commissioner. He was in charge of the intervention at the Marikana strike.

Leepaku was one of two policemen hacked to death when miners attacked police on 13 August 2012. Warrant Officer Tsietsi Monene was shot and also hacked to death that day. Baloyi was repeatedly stabbed.

Three days later, on 16 August, police shot dead 34 people, mostly protesting miners, at the mine.

At least 78 miners were wounded when police fired on a group gathered at a hill near the mine while allegedly trying to disarm and disperse them.

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

The commission is probing the 44 deaths.

SAPA

DA spreading malicious lies about Zuma- ANC


Cape Town – The ANC is set to take the DA to court for “spreading malicious lies” about President Jacob Zuma and his Nkandla homestead.
The ruling party said on Thursday the DA was guilty of violating electoral codes and laws.

“In recent weeks, the DA has been engaging in spreading malicious lies about the president, deliberately distorting the findings in the public protector’s report,” ANC spokesperson Jackson Mthembu said in a statement.

The ANC had, therefore, launched an urgent application in the South Gauteng High Court in Johannesburg to stop the DA from “violating” the Electoral Act and Electoral Code of Conduct.

These prohibited electioneering based on false information.

“On 20 March, the ANC learnt of a bulk SMS, distributed by or on behalf of the DA, falsely accusing the president of having stolen public money to build his private residence in Nkandla.”

Mthembu said the bulk SMS contained the message: “The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change.”

This, he said, demonstrated a “flagrant disregard” of the election pledge, and was a violation of the Code of Conduct and the Electoral Act.

“These false accusations are designed to influence voters to perceive the ANC negatively and to distort public discourse.”

Mthembu said the court application followed a letter of demand, sent to the DA on 24 March, “wherein we demanded the DA… retract and apologise for the false and vindictive text messages”.

Calls for impeachment

However, the main opposition party had “arrogantly refused to retract and apologise”. Further, the DA had used these “deliberately fabricated false accusations” to call for Zuma’s impeachment.

“These false accusations unduly prejudice the person of the president [and] the ANC, and poison the electoral atmosphere. In this way they have undermined the fact that Parliament has not received and considered the report of the public protector.”

It was the view of the ANC that Chapter Nine institutions, including that of the public protector, Thuli Madonsela, should report to Parliament in writing on the outcome of their work which required Parliament’s attention.

“We agree with the chief whip of the ANC [Stone Sizani] that such work assists Parliament with its oversight role and holding the executive and other state institutions accountable.

“The public protector’s response to the ANC chief whip’s assertion on the impeachment said that her office had not submitted its report to Parliament, and that secondly she has not requested Parliament to act on the report.”

This emphasised the view that there was no basis for impeachment arising out of her report.

Contacted on Thursday afternoon, DA federal council chair James Selfe said he could not immediately say anything on the court application.

“I can’t [say anything] at the moment… I need to discuss this with our attorney.”

Selfe said the DA would issue a statement on the matter later.

– SAPA

All we know is he’s a murderer- State on Griekwastad killer


Kimberley – All the court knows about a 17-year-old boy who killed the Steenkamp family is that he is a murderer, Northern Cape prosecutor Hannes Cloete said on Thursday.

“We have arrived at a time where his rights must be curbed,” Cloete submitted to the court.

Northern Cape Judge President Frans Kgomo was hearing argument in an application for an extension of the boy’s bail until sentencing at the time.

Earlier, Kgomo indicated that he did not really know the boy accept for the evidence that was before the court.

Cloete replied that it was now known that the boy was a cold-blooded murderer who wiped out a family.

He agreed if the court looked at the reasons why the murders were done, it did not paint a good picture.

“It would not be in the interest of justice that he gets bail again,” submitted Cloete.

The boy’s defence team suggested that strict bail conditions would be acceptable.

The boy’s guardian testified in support, but the court was shown a picture where the boy had access to a firearm during an hunting excursion on the guardian’s farm.

Creepy

Kgomo replied that this fact made him feel creepy.

He refused bail and ordered that the boy be held at the Kimberley prison until the next hearing for sentencing procedures on 13 May.

Earlier in the day, Kgoma convicted the boy on three counts of murder.

Kgomo also found the boy guilty on a rape charge and a charge of defeating ends of justice.

“I am satisfied that the minor accused committed all the offences.”

Kgomo said the State had proved the charges beyond reasonable doubt.

“The murders were premeditated.”

Northern Cape farmer Deon Steenkamp, 44, his wife Christelle, 43, and daughter Marthella, 14, were shot on their farm Naauwhoek, near Griekwastad, on 6 April 2012.

Kgomo held the teenager also raped the girl and lied to the police.

The judge said the girl was tortured before her parents were killed execution style.

Kgomo said he wanted to refrain from saying anything of the boy’s demeanour in the witness stand, but remarked the boy did not show any emotion in the stand.

He testified with a strong voice and did not even become flustered when the State painted him into an corner, the judge said.

SAPA

Amcu calls for mass mines strike


Johannesburg The Association of Mineworkers and Construction Union (Amcu) wants to expand the platinum sector strike.
“We have filed an application with Nedlac [National Economic Development and Labour Council] in Rosebank,” Amcu president Joseph Mathunjwa said on Thursday.
“We want our workers in the gold and coal sectors to join us,” he told hundreds of Amcu members gathered outside Impala Platinum’s head office in Johannesburg.
The workers had marched from a park in Dunkeld West to deliver a memorandum to Implats.
Amcu-affiliated mineworkers in the platinum sector have been on strike for over two months.
Mathunjwa said marches would expand to Lonmin next week and be followed by a march to Parliament after the Easter holidays if the union’s demands were not met.
“It doesn’t matter if it takes us 10 days to get there,” said Mathunjwa.
He was addressing hundreds of striking mineworkers who had marched to Impala Platinum’s head office in Illovo, Johannesburg, to hand a memorandum to the company.
Amcu-affiliated members working in the platinum mining sector have been on strike for over two months, demanding a minimum wage of R12 500 a month.
Mathunjwa said Amcu gave Amplats until April 5 to respond to the demands.
Amplats official Johan Theron promised to respond to Mathunjwa by the deadline.

SAPA

ANC wants retraction on Zuma, God article


Johannesburg – The Northern Cape ANC has disputed an article about President Jacob Zuma and God published by the Diamond Fields Advertiser (DFA) and The Star on Thursday.
“We reject this malicious and deliberate distortion by the DFA [and Independent Newspapers],” the party’s provincial secretary Zamani Saul said in a statement.

“This attempt [was] to present the ANC as a blasphemous organisation, which disrespects Christianity and God.”

The DFA falls under Independent Newspapers, and the same article was published in both newspapers. It quoted ANC Northern Cape chair John Block as saying that walking with Zuma is like walking with God.

“[Zuma] you are the only candidate we have for the elections. We are already talking about the future [beyond 7 May] because we are not walking this path alone, sihamba nomfundisi [we are walking with a priest],” Block was quoted as saying.

“Xa uhamba nomfundisi kufana nokuthi uhamba noThixo [when you are walking with a priest, it is like you are walking with God].”

Block was speaking at the Jim Summers Hall in Kimberley on Wednesday where Zuma was visiting. Saul said Block never said that.

“… In his [Block’s] introductory remarks he made reference to the pastors and priests that graced the event, saying ‘we are happy that we have you, as religious leaders in our midst… When we walk with you, it is like we are walking with God, because you are God’s representatives’.”

Saul said no reference was made to Zuma.

“We demand a retraction and correction of that article,” he said.

“We will follow all the necessary channels to have this gross misrepresentation corrected.”

– SAPA

SAFA embarks on massive referees training


Johannesburg-The South African Football Association (SAFA) has embarked on a nationwide drive to improve the standard of refereeing in the lower leagues across the country, starting with the Northern Cape.

The first course will take place in Kuruman on Friday, 28-31 March 2014.

The same venture moves to Kimberley from 1 – 5 April 2014.

SAFA has set a target of training 75 regional league referees in the province of Northern Cape. The same referees will then be earmarked for gradual promotion in the process.

Part of the two venues’ training schedule include fitness tests  and will be conducted under the guidance of instructors Dumisani Nonkenke, Vusi Mdluli, Tenda Masikhwa and

Khatija Bahdur.

”There is a need to improve the standard of refereeing across the country and the starting point is the Northern Cape. We are looking at trainining referees who will officiate in the SAFA Second Division League,” said Ace Kika, Safa’s Acting Head of Referees.

“Both in Kuruman and Kimberley, we will train both male and female referees officiating at regional league level. We hope that by 5 April, we shall have trained around 75 referees. We have just completed the training of referees’ instructors and will soon be having training for match commissioners.”-TDN
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BRICS Countries future growth point of the world economy- Premier Modise


BRICS Countries, i.e .Brazil, Russia, India, China and South Africa are recognised as the future growth engines of the world economy, Premier Thandi Modise said on Thursday.

Premier Modise reminded delegates in her opening keynote address to the 2nd Annual North West BRICS Expo and International and Tourism Conference that the economies of BRICS is expected to account for 50% of the global domestic product (GDP) by 2020.

“BRICS countries share 25% of the global GDP, 30% of global land area and 43% of the global population. They share of its world export has grown substantially since the start of the 21st century, from a mere 8% in 2001 to 14 % in 2008 in 2008, and to 17% by 2012,” Premier Modise highlighted.

Deputy Minister of Tourism, Tokozile Xasa in her address said that over the next 20 years, international tourist arrivals in emerging-economy destinations are expected to grow at double the pace (4%) of advanced-economy destinations (projected at 2%).  As a result, arrivals in emerging economies will likely surpass those in advanced economies by 2015. 

“My message to the BRICS partners is that South Africa is indeed a unique and varied destination which offers tourist experiences that suit every taste and budget.  Visitors to South Africa stand in awe of how much this country has to offer, which includes the variety of experiences, the value for money, our world-class tourism infrastructure, and of course our culturally-diverse people.,” Deputy Minister Xasa said.  
“There is nothing stopping us from using this Expo to take our tourism efforts with the BRICS countries to the next level. It is an opportunity to find common ground, to find areas where all our tourism industries can gain and grow from working together,” she stressed.

Premier Modise said that South Africa’s comparative advantage within BRICS pertains to the country’s considerable non-energy in situ mineral wealth with North West sectors such as metals, chemicals, food ,tobacco and automotive components showing massive potential.

“The North West Province presents exciting trade, investment and tourism opportunities because its position in respect of the country and the African market renders it attractive to investors from both national and continental perspectives,” Modise asserted.

The Premier said that in addition to the 38 754 jobs that were created as at 31 December 2013 in the province through tourism, agro processing, manufacturing, green economy, retail, service and the social economy sectors, the good story to tell is that the province offers easily available skills and distribution channels imperative for commercial ventures into Africa and is well located to be used as a shared services hub for the companies’ African operations, especially for Sub-Saharan countries.

“This conference is an opportunity once more to proclaim that the province is open for business and economic development. Those who grab it will certainly realise the rewards in the future,” she added.

 

 In outlining the purpose of the Expo and Conference, MEC for Economic Development, Conservation and Tourism, Motlalepula Rosho said that the Expo gives her department to tell a good economic story, a good tourism story ,a good environmental story and a good trade and investment story, not only through international exposure but also through helping  SMME’s and cooperatives with finance, grants and other supportive mechanism in order to create jobs and grow the economy. 

The four day conference which ends on Saturday has attracted international, national and local businesses across all the sectors including small, medium and micro enterprises, national and provincial government departments, investment promotion agencies, tourism agencies, companies in transportation, financial institutions, academia and the media.-TDN
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