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

N West woman strangled to death


By Obakeng Maje
Stilfontein-A 49 year-old man appeared before Stilfontein Magistrate Court after he allegedly strangled a woman to death.

Letlatsa Tshabalala,49, was subsequently arrested and made his first appearance. He was arrested in connection of Dorah Medupe’s murder.

A 39 year-old woman was found strangled to death by one of her relatives at her house in Stilfontein.

“Police were called after the reports of a woman strangled to death reached us. The atrocity took place on Monday and the suspect was arrested after investigations.” Sergeant Kelebogile Moiloa said.

Moiloa said Tshabalala allegedly strangled Medupe to death with a scarf and the victim was found by a relative.

“She did not go to fetch her child at a nearby creche and the nursery teachers informed the next of kin. They went to check her at her house and allegedly found her lying in the corridors dead” Moiloa said.

The suspect will appear again on Friday for bail application and police investigation continues.-TDN
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BOP 1988 ATTEMPTED COUP REMEMBERED


Mahikeng-The vents of the 10th February 1988 leading to the temporary toppling of the former Bantustan leader, Lucas Mangope by the Bophuthatswana para-military forces were commemorated in a moving wreath laying ceremony at Mahikeng Stadium in the North West capital today.

Organized by the Provincial Heritage Resources Agency, the National Heritage Council and the University of the North West supported by the provincial department of Sports, Arts, and Culture traced back events leading to the attempted coup by Timothy Phiri and Rocky Malebane-Metsing and the intervention provided by the then South African Defence Force in rescuing the beleaguered Mangope.

On that rainy day one of the gallant soldiers France Phiege from Rustenburg was shot dead by the SADF team that aborted the coup and left his fellow combatants facing treason trial and the subsequent long term jail sentence. Today’s commemoration, the first in over 26 years since the coup included a visit to the former prisoners treason trial court in Bosele Rooigrond, wreath laying ceremony at the stadium and a memorial lecture delivered by Professor Freddy Khunou from the University of North West.

Speaking at the ceremony, Umkhonto We Sizwe Veteran, Zachariah Pitso Tolo praised the former soldiers for their gallant act and bravery. “Your actions paved the way for the liberation movement to intensify the struggle in this part of the country. We received the news with excitement in exile despite our policy of not supporting coups as they did not involve the masses of our people”.

The North West Heritage Resource Agency and the National Heritage Council are planning as part of the celebration of the 20th year of freedom to ask the North West Government and National Department of Arts and Culture to declare the Bosele Court a national and provincial heritage site. “We need to document and archive our stories and the role played by the likes of these former soldiers in paving the way for our freedom. We are working with the university to document this important part of our liberation struggle that happened in this part of our country. Future generations should benefit from a properly recorded history”, explained Themba Gwabeni from the National Heritage Council.

Also present at the commemoration were activists from the Mafikeng Anti Repression Forum (MAREF), Montshiwa Youth Congress and Lawyers for Human Rights.-TDN
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Three murdered by mob justice after shooting in N West


By Obakeng Maje
Phokeng-Police are investigating cases of Murder, Arson, Malicious damage to property and Public Violence after three men were allegedly being killed and properties set alight in Freedom Park Informal settlement in Rustenburg on what appears to be a mob justice.

The police said the incident took place on Saturday in the afternoon when two Lesotho Nationals allegedly arrived at a local tavern and started shooting and injured two men.

“The latter were then taken to Ferncrest and Job Shimankane Tabane hospitals respectively” brigadier Thulani Ngubane said.

Ngubane said that on the early hours of Sunday, the mob went on the manhunt and apprehended one suspect  and took him to the shebeen where they torched the shack before burning him alive.

“The second victim was caught,  stripped naked and tried to escape by running into a neighbour’s shack, however he was caught and allegedly murdered by the mob” Ngubane said.

The suspects were both found with multiple stab wounds and it is apparent that both victims were stabbed with sharp objects before being killed.

Police said at approximately 13:00 on Monday a crowd of about five thousand people went to a local businessman who is alleged to have been harbouring criminals including the two that were killed yesterday.

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

Several shacks were torched in the process.

“Police have deployed Public Order Policing to ensure calm in the area. We appeal to the community to refrain from talking law into their own hands. We encourage law-abiding citizen to respect the rule of law” he said.

Police seized a firearm with five rounds of live ammunition and one spent cartridge casing. The firearm will be taken for ballistic testing.

No one has been arrested at this stage for the crimes and investigation continues.-TDN
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A task team established to assess Madibeng municipality


Mothutlung-The Provincial Executive Council having established a task team to assess the performance of Madibeng Local Municipality as a follow through to the collapsed section 154 intervention wishes to announce that it has after considering a report of the task team observed that:

The council has failed to fulfil its legislative and executive obligations in terms of the law by not reining in office bearers and or senior management to fulfil what is required in terms of local government legislation.

It is also evident that the council is dysfunctional as there are conflicts within council (those who are for and against implementation of the minister’s report).

Thus the council has abdicated its executive responsibility to ensure fulfilment of the legislative obligation. In this regard, this justifies the invocation of section 139(1)(b) of the Constitution. 

This therefore has called on the provincial executive to take responsibility of all executive powers of the council. This relates to the executive powers as prescribed in section 56 of the Local Government Municipal Structures Act in respect of the functions and powers of the Executive Mayor. This will also apply to the functions and powers of the Executive Mayor and the Mayoral Committee as it is appointed by the Executive Mayor and the Mayor delegates some of the executive powers to such members.

Consequently, the provincial executive council will henceforth assume the executive obligations and responsibilities as mandated to the Municipal Manager by Section 55 of the Local Government Municipal Systems Act, Act 32 of 2000 as well as the powers and functions allocated to the Executive Mayor in terms of section 56 of the Local Government Municipal Structures Act and vests same in the administrator.

In terms of the intervention, the council of Madibeng Local Municipality will still remain in existence but with limited powers.

The council will only exercise its powers in relation to adoption of the annual Integrated Development Plan (IDP) and budget, adoption of by-laws and policies and any other matter that might be introduced by the administrator in consultation with the provincial government (Exco).

Blake Mosley-Lefatola who is a former Head of Department for the North West Provincial Department of Local Government & Housing(1996-2003), former City Manager of Tshwane and also served as a Commissioner of the Fiscal and Finance Committee will however, oversee and guide the processes in relation to the aforementioned responsibilities.

Lefatola who established an alternative service delivery model at the City of Tshwane and assisted in implementing a turnaround strategy for the Ekurhuleni municipality during 2009 will lead a team of experts appointed by the provincial executive to take over and execute all executive functions and powers of the municipal council and report to the Provincial Exco.

The Administrator has strong leadership and managerial capabilities developed over a period of approximately 27 years working experience, sixteen years of which were gained in the public sector –specifically at the Provincial and Local Sphere of government and parastatals.

He has extensive change management, people and conflict resolution skills, negotiation skills and also played a pivotal role in establishing a decentralised Service Administration of the City of Johannesburg Region 7 during the Re-engineering of the City of Joburg in 2001.

Over and above taking over of Executive powers of council as administrator, Lefatola  will also assume responsibility of the entire administration in the Madibeng Local Municipality in accordance with Section 55 of the Municipal Systems Act of 2000 as from today Monday 10 February 2014.

The period for the intervention will be for a minimum period of six months and a maximum of 12 months to ensure that there is total stability in the municipality, both at council and administration levels.

The terms of reference for the Administrator and team of experts to be deployed within the municipality among other be to:

∙Appoint  of an Acting Municipal Manager outside the current municipal personnel with immediate effect.

∙Implement the recommendation of the minister’s reports, and previous administrator’s reports∙         Improve service delivery in Madibeng, prioritising water and sanitation services( this should include facilitation of new projects, unblocking of old projects and maintenance of infrastructure and cleaning)

∙Financial management ,improving the financial controls in the municipality, expenditure management, procurement processes, revenue enhancement and debt collection as well as addressing Auditor General’s reports and to ensure compliance with the Municipal Finance Management Act.

∙Analysis and implementation of recommendations of past and  current investigations ,commissions of enquiry and forensic audits, i.e. the Gobodo report, De Swart Vogel Myambo Attorneys report and current investigations by the Special Investigations Unit(SIU).This includes taking decisive action against implicated individuals.

∙Attend to labour matters in the municipality such as outstanding disciplinary cases. labour disputes, functionality of   Local Labour Forum, instil culture of work and discipline of workers.

∙Facilitate the improvement of governance within council.

∙Conclude the disciplinary case of the previously suspended and reinstated managers , i.e develop charges and commence with disciplinary processes.

∙Investigate all recently awarded contracts to establish validity and legitimacy thereof and terminate those that are not legitimate.

∙Ensure that criminal proceedings are finalised against any suspected officials or councillors and service providers implicated. In conclusion, we appeal to our communities to exercise restraint and not to disrupt the momentum of the intervention which is aimed at ridding this municipality of fraud and corruption and turning it around so that delivery of services is accelerated.-TDN
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