Johannesburg – Former police commissioner Bheki Cele has requested documents and time to respond to Public Protector Thuli Madonsela’s allegations that he failed to stop wasteful spending at Nkandla, the Mail & Guardian reported on Friday.

The newspaper said it obtained a letter in which Madonsela informed Cele that the police and the departments of defence and public works had failed to “implement and apply a proper demand management process in respect of the process, the expenditure involved and value for money for the state, and the progress made on a regular basis on the Nkandla project”.

Madonsela tells Cele that there was no indication that Zuma paid or was requested to pay for any of the security measures at his home.

The M&G also said that Madonsela would be meeting with the ANC on 4 February.

On 9 February, Madonsela is set to announce when she will reveal the date on which her Nkandla reported will be released.

– News24

Tzaneen – Stormy weather halted protests by residents at Relela and Kubjana villages in Limpopo on Friday morning.

A Sapa correspondent reported that heavy rain and wind forced protesters off the streets.

The police continued to keep watch in the area near Tzaneen, where three people were killed, allegedly by police, since protests started about a week ago.

Several people, including a pregnant woman, have been arrested for public violence.

Commuters remained stranded on Friday morning, with no taxis running to the villages.

Earlier on Friday, protesters blocked roads and demanded entry fees to Relela and Kubjana villages.

Village ‘pay stations’

A Sapa correspondent came across at least four “pay stations” operated by protesters.

Roads leading into the villages outside Tzaneen were blocked with burning tyres and vandalised stop-sign boards.

The protesters manning these road blocks claimed they were collecting funds to help the four grieving families whose relatives died in protests that started about a week ago.

Groups of between five and 10 protesters were manning the “pay stations” and demanding R5 entry fees for cars, and R10 from loaded bakkies, in full view of the police.

Most people paid the “entry fees”. Those who did not pay were forced to turn around.

Police at one stage aimed at the protesters to fire rubber bullets, but the protesters screamed at the officers and the police backed off, a Sapa correspondent reported.

Villagers working outside the two villages were forced to walk long distances as taxi operators refused to drive through the area.

‘You can’t move in those areas’

Limpopo police spokesperson Brigadier Hangwani Mulaudzi confirmed that roads were blocked in and around the villages, saying mainly police Nyalas were driving around.

“You cannot move in those areas – even taxis are not operating,” said Mulaudzi.

He warned residents to be cautious at all times.

“We are working around the clock to bring normality in the areas. We are continuing to deploy members.”

He said they were monitoring the areas with the help of Mpumalanga police.

“The situation is calm for now. They [protesters] normally start in the afternoon,” he said before 07:00.

On Thursday, residents of Kubjana village near Relela torched the property of a local businessman after the body of a child and two other unharmed children were found in his car.

They had also clashed with police and stoned them.

The protests began after a schoolgirl from Relela, Khomotso Raolane, 15, was found murdered and mutilated in Mandlakazi, near Letsitele, on 24 January.

– SAPA

Cape Town – Residents of Joe Slovo informal settlement in Milnerton blocked roads in a service delivery protest on Friday, Western Cape police said.

Captain Frederick van Wyk said people had burned tyres on Freedom Way from 07:00.

At least 100 people planned to march from Joe Slovo to the municipal office behind Racecourse road to hand over a memorandum.

Van Wyk said the City of Cape Town had granted them permission to march.

“Currently everything is under control,” he said.

Roads were cleared and the public order police were on the scene with local police officers to monitor the situation.

No arrests had been made.

– SAPA

Pretoria – North West police Air Wing Commander Salmon Vermaak “did not say the truth” when he previously testified at the Farlam Commission of Inquiry, North West police commissioner Zukiswa Mbombo said on Friday.

Evidence leaders head Advocate Geoff Budlender, questioned Mbombo at the public hearings in Pretoria regarding clashes between police officers and protesting Lonmin mineworkers on 13 August 2012. Five people, including two police officers, were killed on the day.

“We know that Lieutenant Colonel Vermaak said in his affidavit that certain members of the police threatened to kill [North West deputy police commissioner Lieutenant General William] Mpembe. He [Vermaak] says he immediately phoned you and informed you,” Budlender said.

“Your evidence in chief wasn’t very clear to me. Are you saying that that’s a lie or you simply don’t recall?” chairperson of the commission, retired Judge Ian Farlam, intervened, requesting Budlender to tone down his question.

“You don’t have to say it’s a lie, it could be an untruth. It could be an incorrect statement innocently made. I don’t think the witness [Mbombo] intends to say if she disagrees with what Vermaak says then he is lying,” said Farlam.

He asked Mbombo to explain her position.

“I do not dispute that he [Vermaak] phoned me but I don’t agree with the statements in his statement. He is not telling the truth because that is not what he said to me.

“He never mentioned that [threat on Mpembe’s life] to me,” said Mbombo.

Budlender asked Mbombo if she thought Vermaak was lying to the commission under oath.

“He knows what the truth is. According to me, the truth is not what he said.

“What Vermaak spoke to me about is not what he is talking about in his statement,” said Mbombo.

She said Vermaak informed her, during the 13 August 2012 phone discussion, that he was removing Mpembe from the volatile scene because he [Mpembe] was in a state that could cause danger at that area.

Alleged threats against cop

Mbombo said she later heard the allegations of the plot to attack Mpembe from other police officers. She said she also doubted the reality of the alleged threats against Mpembe.

“I have doubts because he did not tell me about the threat. Anything that was not mentioned to me would make me doubtful,” she said.

Budlender asked Mbombo to explain whether Mpembe reported the same threats to her.

“He did not tell me, I am the one who asked him. I asked him after I heard it being mentioned at night. I heard it from police officers, they were not necessarily reporting about it,” responded Mbombo.

“They were also saying they had heard it from Vermaak.”

Mpembe has previously testified at the inquiry that he was told by Vermaak that there was a threat on his life and he “had to get into a Nyala as quickly as possible”.

The three-member commission, led by Farlam, is probing the deaths of 44 people during the wage-related protests 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.

– SAPA

Cape Town – Former president FW de Klerk took a swipe at the African National Congress on Friday, saying they discriminate against people based on race.

“We were never consulted about the ANC’s approach to transformation and we do not accept it,” FW de Klerk said at a speech to mark 20 years of democracy in Cape Town.

“These policies – in the ANC’s so called second phase of transition – are overtly directed against South African citizens on the basis of their race. That is unconstitutional and the antithesis of the goal of national reconciliation.”

De Klerk, who oversaw the unbanning of the ANC and released Nelson Mandela from 27 years in prison in 1990, said South Africa had failed to provide decent education and jobs for its people.

The time had come for “serious talks” between the government and “all those who are targeted by its version of transformation”, such as farmers, the media, civil society organisations; and small and large businesses.

“We have failed to provide all but a small percentage of our children with decent education,” he said.

SA ‘now more unequal’

De Klerk, who shared the Nobel peace prize with Mandela in 1993, said South Africa’s “greatest” transformation failure was that it was now a more unequal society than it was in 1994.

He referred to the country’s Gini coefficient or measure of income inequality.

“Our Gini coefficient of 0.7 makes us one of the most unequal societies in the world.

The closer the coefficient is to one, the higher the inequality in a country.

“Not only has inequality increased throughout society, it has also increased within each of our population groups.”

“Clearly, the government’s policies to promote equality have failed.

“The main beneficiaries of affirmative action and black economic empowerment have been the emerging black middle class and elite – and not the vast majority of truly disadvantaged South Africans.”

He said however, that the ANC had achieved remarkable successes since it came to power under Mandela in 1994, including building three and a half million new homes, providing electricity, water and sanitation to 80% of the population and extending social grants to more than 16 million people.

– AFP

Johannesburg – Two of the five people accused of attempting to murder investigators in the Radovan Krejcir case applied for bail in the Alexandra Regional Court on Friday.

Sergeant Nandi Nkosi and Zoe Biyela appeared side-by-side and were cuffed by the wrists. There were heavily armed officers inside and outside the court.

Prosecutor Lawrence Gcaba said the State opposed bail because the women were facing schedule five [serious] offences.

“The State has a strong case against the accused,” he said.

He described Nkosi as “dangerous in terms of her skills” because she knew the witnesses and had the means to track them down.

“The accused is highly skilled and trained as she works for crime intelligence,” he said.

He said despite Nkosi being suspended it would not limit her means to find information because of her training.

The affidavits of both Nkosi and Biyela were read out in court in which the women deny any involvement.

Lawyer Titswa Modise, for Biyela, said she was not aware of the plot to kill the investigators.

“The case against the accused is exaggerated and does not exist,” said Modise.

They would appear with their co-accused Siboniso Miya, Owen Serrero and Jacob Nare on 18 February.

The five are charged with conspiracy to murder, possession of unlicensed firearms, possession of unlicensed ammunition, possession of stolen vehicles, and theft.

The accused, barring Nkosi, were arrested earlier this month when police pounced on them as they were allegedly plotting to kill forensic investigator Paul O’Sullivan and crime intelligence officer Colonel Nkosana “Killer” Ximba.

Nkosi, 34, employed in the police’s crime intelligence unit, was arrested on 16 January for allegedly providing software to track the investigators.

Nine cellphones were confiscated from her.

The court heard that an SMS was sent from Nkosi’s phone to the other people involved asking if Ximba had been killed.

Pictures of Ximba and O’Sullivan were also found on their phones, Gcaba said.

The case was postponed to 5 February for judgment on bail.

– SAPA

Durban – There was a huge round of applause in a Durban court on Friday when it was announced that more than 100 charges against businesswoman Shauwn Mpisane were withdrawn.

The charges related to alleged fraudulent invoices.

The court was packed with Mpisane’s supporters and a large media contingent.

Mpisane was appearing in connection with the alleged inflating of her business invoices by almost R5m to cut her tax bill.

Speaking outside the court, Mpisane said she and her husband were delighted with the verdict.

She complimented the national director of public prosecutions [NDPP] Mxolisi Nxasana for “taking the right decision”.

She also praised her legal team.

“One cannot say that it will end. There has been a misuse of power. The prosecutor suppressed the evidence. She [made] a mockery of the justice system.”

Mpisane, who was elegantly dressed and flanked by her husband as she spoke to the media, said an amount of R4.7m was trivial when she had paid tax of more than R157m.

“We should not have been dragged here. We just want peace and want closure. I am not a politician and I am not a public figure.”

Prosecutor Arno Rossouw told the Durban Regional Court that the charges against Mpisane had been withdrawn by the NDPP.

National Prosecuting Authority spokesperson Nathi Ncube said the NPA had a strong case but believed the powerful allegations that prosecutor Meera Naidu had suppressed evidence would have rendered the trial unfair.

Asked about the allegations Ncube said: “We view the allegations very seriously. We cannot provide any more information as it is an internal matter and the prosecutor has not been given a chance to explain.”

He said as this was a criminal matter Mpisane would have to bear the costs of her legal team and there were no cost implications for the taxpayer.

Earlier in January, the State also withdrew more than 50 charges of fraud, forgery and uttering of a forged document against Mpisane.

She still faces charges in the Pinetown Magistrate’s Court, where she stands accused of interfering with a State witness related to the tax fraud case.

– SAPA

Cape Town – The Democratic Alliance and Agang SA will next week formalise the integration of the two parties following Mamphela Ramphele’s decision to stand as the official opposition’s presidential candidate.

Ramphele and DA leader Helen Zille said they would on Tuesday embark on a road show to muster support for the merger, starting with a march on employment creation in Johannesburg.

“On Tuesday, 4 February, we will embark on the ‘Together for Change’ road show to start with the ‘March for Six Million Real Jobs’ on that day in Johannesburg,” they said in a joint statement.

“From there, we will travel across the country to engage with South Africans in all communities, and showcase our shared vision of the future – a place where every person has the freedom and means to achieve their dreams.”

In the meanwhile, the two parties would work out the technical details of how they will integrate.

“During this time, the technical committee will be meeting to finalise arrangements to integrate our respective parties. When their work is complete, we will be in a position to make a public announcement on the details of this historic partnership.”

A year after launching Agang SA, Ramphele announced on Tuesday that she would front the DA’s 2014 election campaign in a bid to change the country’s political landscape and consign race politics to “the dustbin”.

Zille conceded that the decision had not been canvassed with the parties’ grassroots structures.

A press conference will be held on Monday to welcome Ramphele, a former World Bank director and prominent academic, to the DA.

– SAPA

London – Honeymoon murder suspect Shrien Dewani has lost a British high court bid to block his extradition to South Africa until he is fit to stand trial, the British Press Association reported on Friday.

A panel of three judges, headed by Lord Chief Justice Lord Thomas, ruled that it would not be “unjust and oppressive” to extradite him if the South African government gave an undertaking as to how long he would be kept in the country without trial.

The court heard on Friday that the government indicated it was willing to give that undertaking.

Depression

Dewani, from Bristol, has been fighting removal from the UK to face proceedings over wife Anni’s death until he has recovered from mental health problems, including depression and post-traumatic stress disorder.

Dewani, who is compulsorily detained in hospital under the United Kingdom’s Mental Health Act, stands accused of ordering the killing of his wife Anni, 28, who was shot as the couple travelled in a taxi cab on the outskirts of Cape Town in November 2010.

His lawyers have stressed at various hearings that he will be willing to defend himself at trial once he is fit to do so, but they say he is unfit to plead under English law and his “prognosis is not certain”.

Friday’s ruling followed a hearing at the high court last year. Those proceedings took place after an earlier decision that there were outstanding legal issues which needed to be decided.

Last July, Chief Magistrate Howard Riddle ruled at the Westminster Magistrate’s Court that Dewani should be extradited and rejected his attempt to stay in the UK for further hospital treatment.

He said Dewani was not fit to plead or stand trial at present, but there was evidence that he would receive the care he needed in South Africa.

Riddle originally gave the go-ahead to Dewani’s extradition in 2011 but had to reconsider the position after the High Court later allowed an appeal.

Legal issues

The high court proceedings centred on two legal issues. The first related to Dewani’s status as ”an accused person”, and the second concerned whether it would be ”unjust and oppressive” to extradite him ”regardless of the prognosis” of his mental condition.

The judges were asked to decide whether a person who is unfit to plead is “an accused” for the purpose of the Extradition Act 2003 “if he is being extradited in circumstances where he may remain unfit to plead”.

They were also asked to rule on whether it was “unjust or oppressive to extradite a person who is agreed at the time of the determination to be unfit, whatever the prognosis”.

Three South African men have been convicted over Anni Dewani’s death.

Xolile Mngeni was convicted of premeditated murder for shooting her. Prosecutors claimed he was a hitman hired by Dewani to kill his wife, which Dewani has consistently denied.

Taxi driver Zola Tongo was jailed for 18 years after he admitted his part in the killing and another accomplice, Mziwamadoda Qwabe, also pleaded guilty to murder and was handed a 25-year prison sentence.

Dewani’s family have said that he remains committed to returning to South Africa ”when his health would permit a full trial and when appropriate protections are in place for his health and safety”.

SA lawyer ‘delighted’

A lawyer for the South African government said it was “delighted” with the court’s ruling and expected it would be able to give the undertaking, but needed 14 days “for final clarification”.

Lord Thomas said: “It might be unjust and oppressive to order the return of a person who was agreed to be currently unfit and where there was a prospect that he might remain permanently unfit without considering whether an undertaking should be required from the requesting state.”

He added: “The circumstances of this case are such that we consider, on the findings made by the district judge, it would be unjust and oppressive to return him without such an undertaking.”

The effect of the undertaking would be that “in the event of the appellant [Dewani] being found unfit to be tried, he will be free to return to the UK, unless there is found to be a realistic prospect of his being tried within a year – or other stated reasonable period – of that finding and the trial takes place within the period.

“In any event the appellant must be free to return in the event a court in South Africa, having found him unfit to be tried, embarked on the process of determining under the Criminal Procedure Act 1977 whether he did the act.

“If such an undertaking was given, then it would not be oppressive or unjust,” he said.

– SAPA

Johannesburg – The case against a man arrested in connection with acts of terrorism against the SA National Roads Agency Limited was struck off the roll on Friday.

Both Jacaranda News and an eNCA reporter tweeted that charges against the man were dropped.

It was decided that the man would not be prosecuted due to lack of evidence, Jacaranda News tweeted.

The man was arrested on Thursday. It was initially reported that the man was a Sanral employee but the company denied this.

– News24