Bookkeeper jailed for theft


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Cape Town – A bookkeeper was jailed for eight years by the Specialised Commercial Crime Court in Bellville on Thursday.

Barbara Aletta Kuhn, 47, was sentenced on 91 counts of theft involving R1.4 million.

According to the charge sheet, she was engaged as bookkeeper by two companies owned by Ivar Kvale.

Magistrate Sabrina Sonnenberg agreed with prosecutor Jannie Knipe that Kuhn had abused a position of trust, which called for a prison sentence.

She also agreed with Knipe that white collar crime was difficult to expose, as it was perpetrated by intelligent people who devised schemes to cover their tracks.

The magistrate said prison sentences were not reserved for the punishment of violent crime, and that the message to the community had to be that offenders involved in white collar crime also went to jail.

Kuhn manipulated the electronic accounting system connecting both businesses between December 2006 and February 2007, and was arrested in Gauteng in November 2007.

Her attorney Hailey Lawrence told the court Kuhn was a gambling addict, and had resorted to theft because her salary could not support her gambling habits.

Kuhn qualified for the minimum sentence of 15 years, as a first-time offender found guilty of fraud involving more than R500,000.

The magistrate rejected her gambling addiction as a reason to deviate from the prescribed sentence, but said Kuhn had shown remorse by admitting to the 91 counts.

The fact that she was a first-time offender, and had been honest with the court, were accepted as substantial and compelling factors to deviate from the prescribed sentence, she said.

The magistrate said a suspended prison sentence was too lenient, as was a sentence involving an early release and house arrest. – Sapa

Negotiating with strikers was key – cop


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Pretoria – It was important to convince strikers to disarm during the strike-related unrest at Marikana last year, the Farlam Commission of Inquiry heard on Thursday.

“To defuse the situation, I said that dialogue should be initiated and police negotiators be brought in to convince the strikers to surrender their pangas and spears… emotions were high on both sides,” Lieutenant Colonel Duncan Scott said.

He had arrived at Marikana on 13 August at the request of a Brigadier Fritz, who told him that two police officers had been killed and others wounded at Marikana.

Tactical response towards the strikers was ill-advised as it would have seemed police were retaliating, given the deaths of the officers, Scott said.

National police commissioner Riah Phiyega had been concerned about the lack of information regarding the strike at a meeting later in the evening on 13 August.

“She was concerned with the lack of intelligence and answers as to why there had been so much violence,” he said.

Scott was central in drafting the police plan that was to be used in an attempt to disperse the striking mineworkers.

Several police officials who were part of the operation had referred to the plan as the “Scott plan”.

Scott joined the police service in 1986 and has since undergone training for various operations.

The commission, chaired by retired Judge Ian Farlam, is investigating the circumstances that led to the deaths of 44 people during strike-related unrest at Lonmin’s platinum mining operations at Marikana, near Rustenburg in the North West last year.

On 16 August 2012, police shot dead 34 striking mineworkers as they attempted to disperse and disarm them.

Ten other people, including two police officials and two security guards, were killed in the preceding week.

– SAPA

Anene murder pre-trial set for court


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Cape Town – A man accused of raping and killing teenager Anene Booysen will appear in the Western Cape High Court to make sure his trial can go ahead, the National Prosecuting Authority (NPA) said on Thursday.

“The pre-trial conference will be to check whether all parties are ready to go to trial,” said NPA Western Cape spokesperson Eric Ntabazalila.

“It’s to make sure the evidence is available, [and] whether financial instructions have been given, for example.”

Johannes Kana, 21, last appeared in the Bredasdorp Magistrate’s Court in July, when his trial was transferred to the high court.

His trial will start on 7 October in the Swellendam Circuit Court.

“It is taken to the circuit court in Swellendam because it is the only facility in the area that has all the equipment for a high court case, and it is bigger than the magistrate’s court rooms in Bredasdorp,” Ntabazalila said.

Kana would remain in custody.

The State alleges Kana unlawfully and deliberately sexually penetrated Booysen with his penis or with another object not known to the State, between 1 and 2 February this year, near Kleinbegin, Bredasdorp.

It alleges that Kana then used his hand or another object to disembowel her, which resulted in her death at Tygerberg Hospital on Saturday, 2 February.

In May, the State dropped charges against Kana’s co-accused, 22-year-old Jonathan Davids.

At the time, Ntabazalila said an investigation had revealed there was insufficient evidence to secure a conviction.

“We understand the sense of shock and outrage that was induced by the incident. However, as the prosecution we can only prosecute successfully on sufficient evidence,” he said.

Before she died, Booysen said from her hospital bed that five or six men were involved in the attack.

She named “Zwai”, which was both the nickname of Davids and another man said to live in Zwelitsha.

Davids and Kana confirmed they were at the same pub as Booysen that night.

– SAPA

N West councillor accused of corruption


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A 53-year-old councillor accused of corruption was arrested in Brits, North West police said.

William Sello Molefe was arrested after he allegedly defrauded a local businessman, said police spokesperson Pelonomi Makau.

Molefe worked as the chairperson of the housing and planning portfolio committee in the Madibeng Municipality.

Molefe allegedly asked a local businessman for R2 500 in exchange for business rights in the municipality.

The businessman lodged a complaint and the councillor was arrested.

Makau said the case was postponed to Monday.

– SAPA

EFF registered, heads for polls


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Johannesburg – The Economic Freedom Fighters (EFF) has been registered as a political party with the Independent Electoral Commission (IEC).

“The registration of EFF… is a historic moment and the beginning of real radical, militant and [a] decisive political programme, which will lead to real emancipation of the people of South Africa, Africa, and the world,” EFF leader Julius Malema said on Thursday.

The approval meant the party would contest the general elections in 2014, and win, said Malema.

“[The] EFF will be contesting elections in order to be government, not in order to be [a] toothless opposition party in various parliaments and legislatures.”

“The democratic space is now open for real political and ideological contestation…”

IEC spokesperson Lydia Young confirmed the registration.

“Yes, they have been registered,” she said in an e-mail.

Malema said South Africans could now breathe a “sigh of relief” as his “giant movement” was an option.

Other political parties, he claimed, had failed to transform the country.

“The people of Africa should appreciate that now a movement of the people, which will champion the interests of the African people, including through leading an aggressive economic decolonisation programme through massive development and industrialisation, will soon be [the] government of South Africa.

“The oppressed and exploited people of the world should now expect real anti-imperialist actions and political programme, which will practically and programmatically undermine neo-liberalism and global capitalism.”

‘Military precision’

Malema said the EFF was aware of its obligations and responsibilities and would carry them out with “military precision”.

“These are obligations and the responsibility to equally redistribute South Africa and Africa’s wealth to the people as a whole,” he said.

“Land will be shared equitably among the people, mines will be nationalised, free quality education, healthcare, and sanitation will be provided.”

He said the African economy would be developed, South Africa would be industrialised, and corruption would be eliminated under the EFF’s rule.

Malema himself faces corruption charges in the Polokwane Magistrate’s Court for allegedly making nearly R4m from corrupt activities. He is out on bail of R10 000.

The former ANC Youth League leader promised to never neglect the people on the ground.

“[The] EFF will never neglect the ground and will continue to find expression on the ground with the people and fighting their battles and struggles on a permanent basis.”

The party planned to organise sections of the working class into “militant, uncompromising trade unions and workers’ movements”.

The controversial leader called on “fighters” to be at the forefront of every protest movement in all communities, workplaces, and institutions.

“Victory is certain! No surrender! No retreat!” he said.

– SAPA

Durban security guards bust thief


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Johannesburg – A Durban man accused of housebreaking appeared in the Scottburgh Magistrate’s Court on Thursday, police said.

Security guards arrested Adolpheus Popo Mzimela, 31, in Pennington on Wednesday morning, said police spokesperson Thulani Zwane.

In his possession were two laptops, a pair of takkies, a cosmetic case and headphones, allegedly stolen from a house in Oyster Drive, a few hundred metres away.

Mzimela was also wanted by the Durban police for skipping bail, Zwane said.

He would appear again on 10 September.

– SAPA

DA lays charges against former councillors


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Durban – The DA in KwaZulu-Natal has laid charges against former eThekwini municipality councillors and officials, who allegedly sold RDP houses illegally, the party said on Thursday.

The charges were laid on Monday with the Durban central police station, said DA eThekwini Chief Whip Sharon Chetty.

“This was not a simple process as the SA Police Service [SAPS] prevented me from opening any charges and they provided frivolous reasons, such as no jurisdiction, scene of crime, and that because I am not the complainant in the allegations, I should not be opening the charges,” Chetty said.

The unlawful sale of RDP housing emerged in a forensic report into corruption in the eThekwini metro municipality compiled by Manase and Associates.

Eleven people – four councillors, three former councillors, two officials, and two ward committee members – were implicated in illegally selling RDP houses.

Chetty said the party laid charges against seven individuals, excluding the four current sitting councillors, to ensure accountability as no action had been taken against them.

DA eThekwini caucus leader Zwakele Mncwango said the party had asked the municipality’s speaker Logie Naidoo to start ethics violation proceedings against the four councillors.

“The DA calls for the firing of all eThekwini councillors and officials involved in the widespread practice of selling RDP houses illegally,” Mncwango said.

RDP houses were sold for between R1 500 and R20 000 each.

“Some cases show how ANC councillors exploit poor residents, with Manase investigators documenting one councillor as soliciting a resident to have sex with him for a house.

“We want action against councillors who are charging people money for RDP houses that should be free,” he said.

– SAPA

MEC ordered blue lights, court hears


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Johannesburg – Former Gauteng MEC Humphrey Mmemezi ordered the blue lights on his car to be switched on before an accident with motorcyclist Thomas Ferreira, the Krugersdorp Magistrate’s Court heard on Thursday.

This was the instruction to his driver Joseph Semitjie before they left the MEC’s house on the day of the accident in November 2011.

“We did not use blue lights because we wanted to, the MEC told us to do so,” Semitjie’s then colleague and work partner Nomakhosi Onica Mashifane told the court.

Semitjie faces charges of reckless or negligent driving, and failing to assist an injured person.

Mashifane, who also did not complete her advanced driving course, said they did not stop at stop signs while they were transporting the MEC to his meeting, because they were in a hurry.

She said that when they arrived at Paardekraal Drive in Krugersdorp they switched on the siren to alert other motorists.

“The motorists from different directions came to a stop because of the siren, and we realised that it was safe for us to proceed driving,” Mashifane said.

As they continued driving they heard a noise coming from the left side of the vehicle.

“We had already passed the intersection when we heard the noise and it turned out that our vehicle was hit on the rear left side,” said Mashifane.

Ferreira was on his motorcycle when Semitjie allegedly drove his BMW X5 left of the yellow line in Paardekraal Drive, and disregarded a red traffic light.

Ferreira, who was on Windsor Road, collided with the car.

The case continues.

– SAPA

Cape cops appears for statutory rape


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Cape Town – A police constable accused of statutory rape appeared in the Mitchell’s Plain Magistrate’s Court in Cape Town on Thursday, the National Prosecuting Authority (NPA) said.

NPA Western Cape spokesperson Eric Ntabazalila said the constable was released on a warning, on condition he stay out of the Tafelsig area and not contact the complainant.

The case was postponed until 7 November for further investigation.

The Independent Police Investigative Directorate (IPID) said the constable, from the Grassy Park police station in Cape Town, was arrested on Tuesday.

“It is alleged that the police official and the victim [14-years-old] have been having sexual intercourse between July and August 2013 at the policeman’s house, which is in the same street as the victim’s home,” IPID spokesperson Moses Dlamini said in a statement.

The girl’s friend told her mother.

Dlamini said each of the incidents had happened when he was off duty.

IPID is an oversight body which investigates allegations of crime against police officers.

– SAPA

24 dead in KZN pile-up


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Durban – Twenty-four people died when a truck crashed into four minibus taxis and a car in Field’s Hill, Pinetown, on Thursday night, paramedics said.

About 80 people were thought to have been injured, said Netcare 911 spokesperson Chris Botha.

Seven of them were critically injured and eight seriously injured.

Eleven had minor injuries.

They were taken to the Khan and Inkosi Albert Luthuli hospitals.

A reporter at the scene said bodies, some covered with silver blankets, lay strewn across the road.

Rescuers used the Jaws-of-Life to free some of the passengers from the wreckage.

Bystanders helped paramedics by holding drip bags for some of the injured.

It was believed the truck crashed into the vehicles when its brakes failed.

– SAPA