A teacher accused of raping a 13-year-old pupil appeared in the Lehurutshe Magistrate’s Court on Tuesday, North West police said on Tuesday.

The teacher, from Dinokana village near Zeerust, would be back in court on Wednesday for a formal bail application, police spokespersn Pelonomi Makau said.

On 6 November, he allegedly asked the girl to stay behind after school ended, took her to the school’s toilets and raped her.

Makau said the rape was confirmed when the girl was taken to a hospital.

The following day the school’s principal reportedly took the teacher to a police station.

He remains in police custody.

– SAPA

Mbombela – A man and his wife confessed in the Nelspruit circuit of the North Gauteng High Court on Tuesday to killing a traffic policeman.

Prosecutor George Baloyi described the murder as a crime of passion, a Sapa correspondent reported.

Muziwakhe Moses Sithole, 42, had murdered the traffic officer after finding him having sex with his wife, Elizabeth Nomsa Sithole, 40, the court heard.

The Sitholes, from Ronaldsay Trust outside Hazyview, pleaded guilty to murdering Lucas Zwelabantu Ndinisa, 45, and stealing his state-issued car.

They were arrested in May and June last year, after dousing Ndinisa’s body with petrol and setting it alight.

Ndinisa was attached to the KwaMhlanga traffic testing station.

The court heard that his burnt body was discovered by a headman in a ditch near Ronaldsay Trust, outside Calcutta, on May 20 last year.

In an affidavit, Muziwakhe Sithole said he became angry when he found Ndinisa naked in the couple’s room at a guesthouse in Emalahleni.

“I realised they had sex and a fight broke out between us. After he bit me on my finger, I grabbed his throat and strangled him to death,” he said.

“I then drove in his vehicle with his body to Ronaldsay Trust, where I dumped it in a ditch after I had burnt it with petrol.”

Sithole said he realised his actions were wrong and punishable by law.

“I plead guilty to the two charges that I am faced with.”

His wife pleaded guilty to being an accessory to murder and theft.

She and her husband had been married for 20 years, she told the court, adding that he had threatened to kill her if she did not help him destroy the evidence.

“We arrived at The Ridge Casino on 18 May and booked a place at Serengeti Guest House. Later, while my husband was busy gambling, we had a quarrel,” she said.

“I was angry and asked to go to our room at the guesthouse to get my medication. Before I left, I met the deceased, who I dated in 2006. We drove in his Toyota vehicle to the guest house.”

Cleaning up the murder scene

She said she knew her husband loved gambling. He had told her he would be back in the room at 06:00the next day.

“I then slept with the deceased and we made love,” she testified.

When her husband arrived back the room earlier than expected at 04:00, a fight broke out between him and Ndinisa.

“My husband beat the deceased with an iron rod on the head and he was bleeding. He then strangled him until he lost consciousness,” she said.

“As there was blood all over the room, he ordered me to clean it up. As I did, he left to buy plastic bags, but I did not think the man was dead.”

When they carried Ndinisa’s body to his car, they realised he was dead.

“We put it in the boot and put it inside the plastic bags. We then drove to Bushbuckridge in the deceased’s car,” she told the court.

There, they stopped at a petrol station where her husband bought 2l of petrol.

“At first, I was scared, thinking he would burn me, but I then realised he wanted to burn the body. We then drove to a veld outside Marite, where we removed the body,” she said.

“My husband poured petrol over it and lit it. We left it burning.”

The next morning, they drove to the place where they left the body. Her husband suggested they move it elsewhere.

They took it to a place outside Ronaldsay Trust, where it was found.

Judge Nomsa Khumalo convicted the couple and postponed the matter to Wednesday for sentencing.

– SAPA

Johannesburg – Gauteng police are still using rubber bullets on protesting crowds despite a standing order put into place two years ago prohibiting their use, the DA said on Tuesday.

Police had fired rubber bullets on protesters in Bekkersdal, Diepsloot and at the Union Buildings in Pretoria in the past six months, DA MPL John Moodey said.

“This, despite the confirmation by Gauteng Community Safety MEC Faith Mazibuko that the standing order banning the use of rubber bullets is still in effect,” he said.

“With the increase in service delivery protests, residents in Gauteng face the same fate as Andries Tatane and others who have died or sustained serious injuries as a result of rubber bullets.”

Tatane died after being shot with rubber bullets during a service delivery protest in Ficksburg, in the Free State, on 13 April 2011.

On 28 March, the Ficksburg Regional Court acquitted seven policemen accused of causing Tatane’s death.

On Tuesday, the SA Police Service claimed it had the authority to use rubber bullets.

Police spokesperson Solomon Makgale said an instruction by former police commissioner Bheki Cele in 2011 made provision for the police to use rubber bullets if called for by the situation they were confronted with.

“Later on, in March 2012 and June 2012, the revised instruction specified that only [police] that were part of the public order policing unit and trained in the use of rubber bullets, [were] allowed to use rubber bullets under the instruction of the operational commander at the scene,” said Makgale.

– SAPA

Cape Town – More than 500 cases of corruption involving officials have been recorded at municipalities the past four years, says Co-operative Governance Minister Lechesa Tsenoli.

“In total, 522 incidents/allegations of serious corruption were recorded by the end of June [this year],” he said in a written reply to a parliamentary question, tabled on Monday.

His department had, since 2009, referred 745 allegations of fraud and corruption to law enforcement agencies for investigation.

This total excluded investigations being conducted or commissioned by provinces and municipalities.

“As of 31 May [this year], there were 408 arrests, of which 199 were municipal officials and 209 were members of the public.

“There have been a total of 176 convictions, 87 of which were government officials and 89 members of the public.”

Tsenoli said it had been noted that the conviction rate was very low.

He attributed this to various factors, including lack of co-operation by municipal officials unwilling to make statements; interference by unions, who advised their members not to make statements; and witnesses who refused to testify as whistle-blowers due to threats and intimidation.

– SAPA

Johannesburg – Agang SA leader Mamphela Ramphele urged the youth of Bekkersdal on Tuesday to respect their votes and use them wisely.

She told residents that the condition of Bekkersdal was not in line with what she and other freedom fighters had fought for.

“As a freedom fighter, I did not fight for the kind of condition that Bekkersdal is in today. I fought for better. You should be empowered to help build Bekkersdal, not to be in the streets with no jobs,” she said.

Bekkersdal was recently struck by violent protests that brought major disruptions to the township.

Residents were demanding better services and for their mayor to be removed.

On Tuesday, Ramphele told the protesters she understood their grievances and promised to urge mining companies in the area to contribute to the township’s development.

– SAPA

Kimberley – The actions of a 17-year-old youth on the day of the Griekwastad farm killings, of which he is accused, seemed strange, the Northern Cape High Court heard on Tuesday.

“Do you realise how your testimony looks…? How strange it sounds?” prosecutor Hannes Cloete asked the teenager in cross examination.

Northern Cape Judge President Frans Kgomo is hearing evidence in Kimberley in the trial of the youth, who is accused of killing farmer Deon Steenkamp, 44, his wife Christel, 43, and their daughter Marthella, 14.

They were shot dead on their farm Naauwhoek, near Griekwastad, on 6 April 2012. He is also accused of raping Marthella and of defeating the ends of justice.

Cloete asked him why he, as a functioning and composed individual, did not think of phoning the police about the attack on the farm while hiding.

“You are agile with a cellphone. You had various contacts on it, only the push of a button away. People that could help, the police.”

The State alleges the boy had a cellphone on him at the time.

“You did not think to phone? That cannot be true,” said Cloete.

The youth answered: “That was how I acted at the time.”

The prosecutor put it to him that evidence indicated that Marthella Steenkamp, who was seconds from dying, had thought about phoning for help.

“But you, in safety, uninjured in the shed, did not think of making a call?” asked Cloete.

Discrepancies in testimony

The State also questioned him about discrepancies between his testimony on Tuesday and that of witnesses in the trial.

There were also important differences between his story and expert evidence.

“There is no answer [from the youth]. You know the expert evidence creates problems for you,” Cloete submitted at some stage.

“No, Honourable,” the youth answered.

Cloete submitted that he was adjusting his story as he went along.

“It creates a bad impression as a witness. You must be careful,” the prosecution advised him.

Cloete also submitted that he should begin to give reasons for his replies to questions.

He stated that the youth’s constant reaction to questions, such as “I do not know”, “possibly” and “I do not remember”, would not help him.

Accused heard nothing

Earlier, the court heard that the youth did not hear the girl being attacked 15m away from where he said he was at the time.

“You want the court to believe for one moment that you heard nothing of Marthella’s attack… 15 metres from where you were?” Cloete asked.

“Yes, Honourable,” the boy answered.

Cloete told him that – according to his own version – he must have been 15 steps from where the girl was attacked.

“You would have had a view of where Marthella and her attackers would have been.”

Cloete told him the State did not expect him to change his testimony, however, his story in court was so untruthful that “it hurts even listening to it”.

The State told him it was worried about his almost “nevermind” attitude when answering questions.

The prosecutor reminded him that the court knew what Marthella experienced during the attack.

“And you say you heard nothing while two witnesses told the court you told them you heard her scream?” asked Cloete.

The trial continues.

– SAPA

Pretoria – A man accused of killing five joggers with his SUV has told the North Gauteng High Court in Pretoria they were “in his way” and he could not avoid them.

Judge Bert Bam asked if he blamed the runners for the accident. At first Sibusiso Langa denied it, but then said: “Yes, they were in my path.”

Langa has pleaded not guilty to five charges of murder, one of attempted murder and one of driving under the influence of alcohol.

Reneilwe Lesenyeho, Goalojwe Isaac Tlale, Moroesi Margaret Mokoatsi, Given Miles and Nomvula Regina Dumako died when Langa allegedly drove into them while they were jogging next to Lever Road in Midrand on 22 October 2011.

On Monday, the court heard the only survivor of the 2011 accident, Abegail Stengile, did not see what happened.

Langa, a 46-year-old mechanical engineer, said he had no sleep the night before the accident.

He and a friend from Durban went for dinner around 22:00 and then headed to a News Cafe, where they socialised with friends until after 04:00 before returning home.

Langa said he had only a glass of wine during dinner and two beers during the course of the night. He said he was in no way affected by the alcohol.

He realised he was hungry when he reached home, and drove to a take-away shop at 05:00 for a burger.

“I didn’t get home. On my way back down Lever Road… that’s when I met the accident,” he said.

“When I came down past the Engen garage towards the bridge, I saw some people running in the road on the right side. They disappeared around the curve.”

He said the accident happened after a bend in the road.

“When I was approaching the bend I came across another car coming from the front.

“When I came around the bend somewhere, all of a sudden I found people in the middle of the road. I tried to brake my car and I tried to swerve to the left,” he said.

“It all happened so quickly. Then the car collided with them and they were thrown to the right side of the road.”

Langa said his car was on the left side of the road when he collided with them.

“They were in my path,” he said.

Accused try to speak to victims

Langa said he tried to touch and speak to the victims, but received no response. He said he did not see any survivor.

“I realised they were not wearing any visible type of clothing. I was surprised about the number of them lying there on the ground,” he said.

“I was shocked to see what had happened. I just couldn’t believe it. How did this happen?… It was a terrible thing. I started blaming myself. Why did I leave home?”

Langa said he was trembling and did not know what to do.

He could not explain how his car ended up in the middle of the road if he was driving on the left side.

He denied trying to flee the scene and said he had walked away because people, including a metro police officer at the scene, were saying abusive things to him.

“This was a very terrible accident. I felt too terrible,” said Langa.

“I’ve tried to reach out to the families, but they refused.”

Langa said his wife and children returned to the US after the accident and he could not visit them because his passport had been withheld.

He had also lost contracts because people did not want to be associated with him.

Taking responsibility

Prosecutor Mervyn Menigo put it to Langa that he did not seem to take responsibility for the accident and that he could not blame the joggers’ families for refusing to talk to him.

“I can understand the anger and pain they’re going through… I lost my father and brother through a car accident. I know the pain they’re going through. I understand,” he said.

Langa said he did not agree with the State’s version that the accident had happened on the right side of the road, that he was drunk and driving at 113km/h in a 60km/h zone.

He could not remember at what speed he was driving, but said it was unlikely that he would have been driving too fast because he was not a fast driver and had never had an accident before in his life.

He said it was a coincidence that another driver saw a motorist in an identical silver SUV driving erratically in the same area at the same time.

Menigo put it to Langa that all the evidence pointed to him speeding and losing control around the curve, and then moving into the oncoming lane.

Langa suggested that people at the scene might have moved evidence such as debris and paint flakes to the right side of the road.

The trial continues.

– SAPA

Construction at a shopping mall in Tongaat, north of Duran, where a roof collapsed on Tuesday killing at least one person, should not have been taking place, eThekwini deputy mayor Nomvuzo Shabalala said.

“We took them [the contractors] to court a month ago. We thought they had stopped,” she told reporters on the scene.
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Johannesburg – Two Ethiopians and a Pakistani appeared in the Frankfort Magistrate’s Court on Tuesday for possession of stolen property and theft.

They allegedly stole maize meal from a milling company in the area, Sergeant Mmako Mophiring said.

The matter was postponed to next week to allow legal aid time to find translators.

The men, aged 24, 29 and 30, were arrested on Saturday, after residents in Namahadi township, in the Free State, suspected they were storing stolen goods in a back room in the area.

They were found with 56 25kg bags of maize meal and failed to give police a receipt.

They would remain in police custody until their next appearance.

Mophiring could not provide their names.

– SAPA

Johannesburg – Rescue workers were sifting through the rubble at the shopping mall in Tongaat, north of Durban, on Tuesday night after one person died and 29 were injured – two of them critically – when a concrete slab collapsed.

It was initially reported that 50 more people were feared trapped, but the site foreman told rescue workers they may have already left for home, as the slab caved in while they were knocking off.

Sniffer dogs were combing the scene for survivors late on Tuesday night.

Spotlights were lighting the area, which was described by Netcare 911 spokesperson Chris Botha as being around the size of a soccer field.

Paramedic Neil Powell told the French news agency Agence France-Presse (AFP) that most of the injured had broken bones and crush injuries.

“Some are in severe condition, others are mild,” he was quoted as saying.

Heat-seeking equipment had detected three “hot spots” where other survivors could be located, AFP reported.

Fibre-optic cables were being fed into the area to determine if anyone else was alive.

KwaZulu-Natal premier Senzo Mchunu expressed his shock at the accident.

“We express our condolences to the family of the person who died in this horrific accident,” he said in a statement.

“We also wish those who were injured prompt recovery.”

He said he was liaising with health MEC Sbongiseni Dhlomo to ensure the injured received quality healthcare at public health facilities.

“Importantly, I am confident that all the relevant departments such as the department of labour and eThekwini municipality will help speed up an investigation into the causes of this accident,” Mchunu said.

Earlier, eThekwini deputy mayor Nomvuzo Shabalala said construction at the mall should not have been taking place.

“We took them [the contractors] to court a month ago. We thought they had stopped,” she said.

It had approached the court because the contractors had not “followed processes”.

Fiona Moonean said she was washing dishes when the slab collapsed, directly over the railway line from her home.

A few days earlier, workers had started removing the scaffolding supporting the level, she said.

“Just after 16.30 it was a thunderous sound. Before the bang, I heard too much scaffolding fall. That’s when I picked my eyes up [and looked through her window at the mall].

“The whole concrete slab crashed down with the pillars. The smoke and dust was too thick. I heard them screaming out for help in Zulu.”

She called the emergency services and a woman took down her details.

“She had to calm me down because I was so freaked out. For me, the most traumatic is the sound of the guys’ voices. That is the part that plays in my head,” she said.

Lieutenant Mandy Govender said earlier on Tuesday evening that almost the entire area of the construction site in the mall was down.

“We are still combing the area with sniffer dogs searching for survivors. All the workers are not accounted for at this stage. Emergency services are on the scene as we speak.”

– SAPA