By OBAKENG MAJE

A man who was arrested for fraud, forgery and uttering, was sentenced to 15 years imprisonment by the Klerksdorp Magistrate’s Court on Thursday. Justice Moyo (47) was arrested on 28 February 2023 after he had allegedly used fraudulent documents to purchase a Ford Ranger at a car dealership in Klerksdorp.

The Hawks spokesperson in North West, Lieutenant Col, Tinyiko Mathebula said, the dealership alerted the police and Moyo was apprehended.

“After making a series of court appearances, Moyo was found guilty and sentenced to 15 years imprisonment. He was sentenced to 15 years imprisonment for fraud, six months for forgery and 12 months for uttering.

“The sentence will run concurrently. The Directorate for Priority Crime Investigation Provincial Head, Major General Patrick Mbotho and the Director of Public Prosecutions in the North West, Dr Rachel Makhari, lauded the investigation and prosecution team for securing a successful conviction,” he said.

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Picture: Grade 12 learners during a provincial prayer/Supplied

By OBAKENG MAJE

North West MEC for Education, Viola Motsumi said with only 10 days to the final sitting of the Grade 12 National Senior Certificate Examinations, her department calls for divine guidance by organising an inter-denominational intercessory provincial examination prayer from different faith-based organizations.

Motsumi said they held a provincial examination prayer at Botoka Secondary School in Ikageng, Potchefstroom on Thursday. She further said the prayer was paired with the signing of the pledge by the Grade 12 candidates from schools throughout the province.

“They willingly and solemnly signed a promise on, promising to safeguard the integrity of the exams by abstaining from any malfeasance.

“By signing the pledge, learners demonstrated their adherence to the NSC Examination’s Code of Conduct, which stipulates that they would be truthful, refrain from cheating or using illegal materials in the examination rooms and protect the integrity of the examination process,” added Motsumi.

She also emphasized that the intention of the pledge signing is to curb and control examination irregularities. According to Motsumi, the rationale for the pledge is to commit every learner to comply with the examination code of conduct, so that it assists in curbing and controlling examination irregularities.

“Maintain your composure and keep your sights set on your objective. Know that you have all the support of the department, your family, friends, educators, and the rest of the community.

“For the last 12 years, you have been preparing for this moment. Allow nothing to get in your way. I wish you good luck in your examination. Furthermore, the department will maintain strict control over the various locations, where exam papers are kept,” she said.

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Picture: The murder accused, Wernich Botha/Screengrab 

By OBAKENG MAJE

A man who allegedly assaulted two people at the shopping centre parking lot in Klerksdorp briefly appeared at Klerksdorp Magistrate’s Court on Thursday. Wernich Botha (33) was arrested after he allegedly assaulted Hilton Pretorius (32) and PW Roos (44) during a fistfight.

The National Prosecuting Authority (NPA) regional spokesperson in North West, Henry Mamothame said both victims were taken to a local hospital, where Roos was discharged with a shoulder injury and a concussion. He said, however, Pretorius succumbed to the injuries a few days after he was admitted to hospital.

“Botha was initially charged with attempted murder, however, the state has altered the charge to murder, following the death of Pretorius. The charge of assault with intention to do Grievous Bodily Harm (GBH) was also altered to attempted murder after the state reviewed the injuries sustained by Roos, who was also allegedly assaulted by the accused.

“His charges have now been changed to a schedule 5 and the court has retained his bail status of R2000. Botha was ordered not to interfere with the state’s witnesses. The case was postponed to 15 January 2024 for further investigations,” said Mamothame. 

Meanwhile, the North West Police Commissioner, Lieutenant General Sello Kwena, together with Director of Public Prosecutions, Dr Rachel Makhari, has called for calm and they further request for the state to be afforded time and space to conduct its investigations in an endeavour to bring the alleged perpetrator to book.

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Picture: Advocate Kholeka Gcaleka, who was recommended to become the new Public Protector/Google

By OBAKENG MAJE

The Economic Freedom Fighters (EFF) said it vehemently rejects the appointment of Advocate Kholeka Gcaleka as the Public Protector. This comes after Gcaleka was officially recommended by the National Assembly earlier today through votes.

The parliament spokesperson, Moloto Mothapo said, in May 2023, the NA noted that the now former Public Protector, Adv Busisiwe Mkhwebane’s term of office was coming to an end. He said the House established an Ad Hoc Committee to nominate a person for appointment as the next Public Protector – in accordance with section 193(5) of the constitution.

“The Public Protector is appointed by the President, on the recommendation of the NA, for a non-renewable term of seven years. The Ad Hoc Committee to nominate a person for appointment as Public Protector, met for the first time on 6 June 2023 and elected Cyril Xaba as its chairperson.

“Section 59(1) of the constitution provides for public access to and involvement in the processes of the NA. Broadly, the provision states that the NA must facilitate public involvement in its legislative and other processes and conduct its business in an open manner and hold its sittings, and those of its committees, in public,” said Mothapo.

He further said the committee accordingly conducted its business in an open and transparent manner. Mothapo added that, following the rigorous interview process, the committee met on 29 August 2023 to deliberate and agreed to recommend to the NA that, it nominate Gcaleka for appointment as Public Protector.

“Gcaleka has served as Deputy Public Protector since 1 February 2020 and has acted as Public Protector since the suspension of Mkhwebane by Ramaphosa in June 2022,” he said

However, EFF national spokesperson, Sinawo Thambo said Gcaleka’s appointment hardly catches them off guard, for they have emphatically underscored that, this appointment bears the hallmarks of a quid pro quo arrangement-a reward for absolving Ramaphosa of any wrongdoing and conflicts of interest in the Phala Phala investigation by the Public Protectors office.

“This is despite the findings of a Section 89 Independent Panel, which unequivocally confirmed that the President had transgressed our constitution and the Executive Members Ethics Act (EMEA).

“Furthermore, Gcaleka’s findings also came to light during her tenure as the acting Public Protector, which followed Mkhwebane’s abrupt suspension, a mere day after the latter initiated an investigation into the substantial foreign currency concealed within furniture at Ramaphosa’s farm,” he said.

Thambo said this appointment is, therefore, undeniably tainted, raising valid concerns about the independence and impartiality of our Chapter 9 institutions. He said as South Africans, they must acknowledge that everything the ANC comes into contact with descends into corruption and scandal, failing to serve the public’s best interests.

Meanwhile, the Democratic Alliance Shadow Minister of Justice and Constitutional Development and Member of Parliament (MP), Glynnis Breytenbach shared the same sentiments.

Breytenbach said: “Gcaleka is unfit for the Office and she will now be tasked with defending our constitutional democracy for the next seven years. Her previous public positions and actions have raised red flags that should not be ignored.

“The Democratic Alliance has been unequivocal in its view that the process to appoint a new Public Protector must be reopened, as all shortlisted candidates were unsuitable,” she said.

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By OBAKENG MAJE

The Lichtenburg Magistrate’s Court sentenced a man to life imprisonment for raping a girl (16). On 28 May 2017, Orapeleng Matlape (28) and his accomplices accosted the victim, while she was walking home.

The National Prosecuting Authority (NPA) regional spokesperson in North West, Henry Mamothame said the incident took place at Tlhabologong Location, outside Coligny. Mamothame said they subsequently dragged her to a shack and took turns to rape her.

“The following morning, the victim reported the matter to her mother. The matter was reported to the police and three men were arrested in July 2017, but later released as the matter was provisionally withdrawn from the court roll for further investigations.

“In June 2021, the matter was re-enrolled and Matlape together with Kamogelo Mokgothu, were re-arrested, while the third suspect was still on the run. Matlape opted to plead guilty to the charge and the state accepted his plea,” he said.

Mamothame further said Mokgothu pleaded not guilty and his case was postponed to 13 December 2023 for the appointment of a presiding officer.   

In aggravation of sentence, the state prosecutor, Itumeleng Boikanyo, urged the court not to deviate from the minimum prescribed sentence, as there were no compelling circumstances to do so.

Magistrate Stefan Du Toit agreed with the state and remarked on the prevalence of rape and that it should no longer be tolerated. The court declared Matlape unfit to possess a firearm and ordered that, his name be listed in the sexual offenders’ register. 

Meanwhile, the Director of Public Prosecutions in North West, Dr Rachel Makhari, lauded the prosecutor, Warrant Officer Mmane Mokoena from the SAPS, and other role players, who ensured justice was served.

She called on communities to unite in the fight against such violent offenses.

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Picture: A man sentenced to four years for injuring an infant/Generic

By OBAKENG MAJE

A man who tried to separate a fighting couple was sentenced to four years imprisonment by the Galeshewe Regional Court for attempted murder. On 14 January 2023, Basie Mock (39) intervened in a fight between his neighbours. According to the Northern Cape police spokesperson, Sergeant Molefi Shemane, the accused picked up a stone and threw it towards the couple, however the stone struck the couple’s six month old infant on the head.

“The infant suffered a life-threatening traumatic brain injury. The accused was arrested and charged with attempted murder. He was sentenced to four years imprisonment for attempted murder,” he said.

Meanwhile, Northern Cape Police Commissioner, Lieutenant General Koliswa Otola, commended the Investigating Officer, D/WO Aretha Claasen for the excellent investigation and persistence in ensuring that, justice prevails and brings closure to the victim family.

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Picture: The police arrested eighteen suspects involved in mob justice/Generic  

By OBAKENG MAJE

Alleged vigilantes were arrested by police in Upper Majeakgoro village, near Pampierstad on Monday after they allegedly beat a man (26) accused of stock theft to death. According to the Northern Cape police spokesperson, Lieutenant Col Sergio Kock, the police arrested 18 suspects (14 men and 4 women) who were allegedly involved in the mob justice.

Kock said a group of community members allegedly went to the house of a person suspected to be involved in stock theft, beat his family members, and forcefully took him and his friend (20) to Upper Majaekgoro village.

“The community allegedly tied the two up and beat them with a pick handle and chains. The friends of the victims allegedly drove into the crowd of community members with a Toyota Bakkie and one person was also hospitalised, while other community members were left injured.

“Two men who were allegedly abducted and assaulted by the community members were both hospitalised. However, one of the victims (26), later succumbed to his injuries,” he said.

Kock further said 18 persons who were allegedly involved in the mob justice set to appear in court soon on charges of murder, attempted murder, and assault GBH. He added that, the police confirmed that, five of them (4 men and 1 woman) are part of the Community in Blue Patrollers in Pampierstad.

“A driver (50) of a bakkie was also arrested and charged with attempted murder. He will also appear in court soon,” said Kock.

Meanwhile, the Northern Cape Police Commissioner, Lieutenant Gen Koliswa Otola, condemned the attack and warned that mob justice is a violation of the law. Otola warned that, the community members who are implicated in this act will be arrested and face the full might of the law.

The police are currently monitoring the situation in Pampierstad and the investigations continue.

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By KEDIBONE MOLAETSI

A police reservist and Tsantsabane municipal employees were arrested by the Provincial SAPS Anti-Corruption Investigation Unit(ACIU) for fraud, extortion, and impersonating a police officer. The suspects were arrested in Postmasburg on 17 October 2023.

The Northern Cape police spokesperson, Lieutenant Col, Sergio Kock said, the suspects allegedly extorted an undisclosed amount of money from a business owner in Postmasburg during July 2021.

“The suspects allegedly posed as police detectives investigating a case of sexual harassment against the complainant and extorted money from him. They promised him to make the case docket disappear. The suspects will appear in Postmasburg Magistrate’s Court soon and the investigation continues.

“The SAPS management lauds the Provincial SAPS ACIU for the arrests and reiterates that the police have zero tolerance for ill-discipline and corruption,” said Kock.

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Picture: The Vodacom shop/Generic

By BAKANG MOKOTO

The National Consumer Commission (NCC) imposed an administrative fine of R1 million, against Vodacom. This comes after the tribunal found that, Vodacom’s conduct was unconscionable by imposing terms and conditions that negated the consumers’ right to cancel their fixed-term contracts.

The acting National Consumer Commissioner, Thezi Mabuza said between the 2020/21 and 2021/22 financial years, the NCC received and investigated numerous complaints of alleged contravention of various sections of the Consumer Protection Act by Vodacom.

Mabuza further said consumers alleged that, Vodacom denied them the right to cancel their fixed-term contracts by imposing a cancellation penalty of 75%. She added that, moreover, Vodacom required payment of all outstanding fees and the cancellation penalty before contracts were terminated on request.

“Consumers further alleged that, they were coerced to sign the acceptance quotation letter (that was valid for 12 days) and return the letter to Vodacom with proof of payment. The Commission’s investigation revealed that, Vodacom had engaged in prohibited conduct by contravening Section 14 of the CPA read with Regulation 5.

 “The NCC received the bulk of these complaints during the pick of COVID-19, when many complainants lost their jobs or their salaries were cut, making it impossible for them to proceed with the Sim Only contracts,” said Mabuza.

She said Section 14 (3) (b) (i) provides that, the supplier may impose a reasonable cancellation penalty with respect to any goods or services supplied to the consumer. Mabuza said Regulation 5 (2) lists the relevant considerations in deciding on a reasonable cancellation penalty and Regulation 5 (3) of the CPA states that a supplier may not impose a cancellation penalty that has the effect of negating the consumer’s right to cancel.

“Vodacom’s imposition of a 75% cancellation penalty constituted a contravention of this section. Also, Vodacom failed to cancel consumers’ contracts timeously after having been notified by consumers and as required by the CPA, thus contravening Section 14(2) (b)(i) (bb). 

“The refusal to cancel consumers’ contracts on the basis that any cancellation is subject to payment of a cancellation fee before the cancellation can be effected constituted a contravention of section 14(2) (b),” she said.

According to Mabuza, Vodacom also failed to cancel consumers’ contracts within 20 business days of consumers’ notice of cancellation, instead, the supplier sent consumers quotation letters with a cancellation penalty of 75%, contravening Sec 14 (3) of the Act.

“Section 14(2)(c) provides that, in the case of a fixed-term consumer agreement, the supplier must inform the consumer in writing or other recordable form not more than 80 nor less than 40 business days before the expiry of the contract of the impending expiry date.

“This includes any material changes that would apply if the agreement is to be renewed or may otherwise continue beyond the expiry date and the options available to the consumer,” she said.

Mabuza said that Vodacom’s failure to inform consumers that their contracts were about to expire and to advise them of their options contravened section 14 (2)(c).

“The Tribunal also found that Vodacom’s conduct is unconscionable in that Vodacom continued to bill consumers after they duly cancelled their contracts or attempted to do so, and by referring such consumers to debt collectors, blacklisting them with credit bureaus, and threatening them with legal action.

“By repeatedly denying consumers the right to cancel the contracts, Vodacom contravened section 40(1)(b) and (d) of the Act. Lastly, the supplier contravened section 29(b)(i)(ii) and (v) read with section 41(3) by marketing a data bundle package that was not available and not provided,” she said.

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