By Obakeng Maje
Potchefstroom-The total neglect of infrastructure and the obvious disregard of service delivery at the Matlosana City Council have now reached a new low, Democratic Alliance said.
“All of the Council’s sewerage tankers are currently dysfunctional and do not get sent for proper repairs due to lack of planning and maintenance”.
DA Chris Hattingh said As a result a business with 35 employees had to dig a trench to use as a toilet. Officials are discouraged as they have to listen to complaints and have no solutions to offer. Numerous calls to report the problem has led to absolutely no response.
“If residents do not pay service delivery accounts, their services are cut immediately. The question now arises why they have to pay at all if an essential service like the removal of sewerage is not in place – the continued non-removal of sewerage is causing a serious health threat” he said.
The excuse of the ANC led council that infrastructure is old, is exactly what it is, just an excuse. If money was spent on infrastructure instead of parties, t-shirts and promoting the ANC, infrastructure would have been upgraded continuously as is expected from a well-run municipality DA said.
The DA said they have warned the ANC continuously that their irresponsible spending of funds will lead to situations like these. Under the DA the council’s funds would be spent where it is really needed.-TDN
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By Obakeng Maje
Tlokwe-The DA in the North West Province is concerned about the continued allegations questioning the impartiality and credibility of the IEC during the forthcoming Tlokwe Municipality by-elections in Potchefstroom.
These allegations already led to an Electoral Court application by 6 disqualified Independent (former ANC) candidates and the precautionary leave of at least one IEC official, after the IEC and the official were requested to submit affidavits to the Electoral Court.
“On the same day it became clear that at least one of the six disqualified Independent Candidates, Johannes Johnson’s (ward 13) nomination forms were in order and that he was legally entitled to participate in the by-elections. He was disqualified, submitted an objection to the IEC but was not reinstated as a candidate” DA Chris Hattingh said.
The recent history of the IEC in the NW, also evident during the 7th August 2013 Ward 9 by-election in Potchefstroom, did not support the professional and independent character of the IEC.
“It is therefore crucial that the Electoral Court in its deliberations tomorrow in Bloemfontein critically look at the possible disenfranchising of the Independent Candidates and in its judgment attempt to restore the credibility of the IEC” Hattingh said.-TDN
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Durban – The lead prosecutor in two cases against a Durban businesswoman Shauwn Mpisane has been dropped from both cases.

Prosecutor Meera Naidu did not appear in the Durban Regional Court on Monday in the case against Mpisane, who is accused of inflating the invoices of her company Zikhulise Cleaning, Maintenance, and Transport by R4.7m in an attempt to cut her tax bill.

Arno Rossouw appeared for the State instead.

He sought a postponement to familiarise himself with the case.

He told Magistrate Blessing Msani that while the accused was entitled to a fair trial, so was the State.

Rossouw said that even if Msani did not grant the adjournment, the State would not withdraw the case against Mpisane.

National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson said on Sunday that Naidu had been issued with a notice of intention to suspend her, and that she had been given an opportunity to explain why she should not be suspended.

Ramkisson said a decision still had to be taken on whether to suspend her.

She said Naidu had been accused of “impropriety”.

Naidu was also the lead prosecutor in a case in the Pinetown Regional Court in which Mpisane is accused of interfering with a State witness.

Naidu has also been removed from this case.

The case of inflating invoices was postponed on 22 July to allow the NPA time to respond to representations made by Mpisane’s legal team about the prosecution’s conduct.

On 22 July, Mpisane’s counsel Rafik Bhana told the court the postponement was also needed, because lawyers from the SA Revenue Service (Sars) had said they wanted to respond to accusations made in a representation by Mpisane.

– SAPA

Johannesburg – The Labour Court has instructed the SABC to allow former editor Montlenyane Diphoko to return to work, his attorney said on Monday.

“The court has upheld the findings of the Commission for Conciliation, Mediation, and Arbitration (CCMA) last year, and instructed the SABC to allow my client to return to work within two weeks,” said Chris Machingura.

The court ruled a week ago that Diphoko be allowed back to work and that he be paid his salary back-dated to 1 April 2010.

Diphoko declined to comment.

Budget overspend

He was editor of news international when he was found guilty of negligence and dishonesty relating to fruitless and wasteful expenditure in 2009. The charges related to the payment of independent contractors.

Diphoko was accused of mismanagement and of overspending his budget by R20m, resulting in financial loss for the public broadcaster.

He was dismissed in 2010.

He took the SABC to the CCMA, which ruled in his favour last year.

The commission found that his dismissal was “substantially and procedurally unfair” and ordered that he be allowed to return to work.

The public broadcaster sought a review of the CCMA decision and approached the Labour Court, which upheld the CCMA decision.

Diphoko argued that he was not the financial officer, and was not the only person involved in authorising payments. He argued that the charges were part of a plot to oust him.

‘A gruelling three years’

“He was never dishonest. He consulted widely and had a financial person advising him…. The payment forms did not have Diphoko’s signature only. It needed another person’s authorisation as well. He did not override the financial officer, who was never charged,” Machingura said.

He was still waiting to hear from the SABC when Diphoko would be allowed to return to work.

“It has been a gruelling three years for him. We do not know the view of the SABC regarding this recent ruling…. We are still waiting to hear from them,” Machingura said.

SABC spokesman Kaizer Kganyago said talks with Diphoko were continuing.

“Please note that the SABC is still engaging with Mr Diphoko and his lawyers about this matter,” he said.

– SAPA

Cape Town – There is no threat that the Hawks will be subject to political interference, a full bench of the Western Cape High Court heard on Monday.

Kemp J Kemp, for President Jacob Zuma, is completing his argument in a case brought by businessman Hugh Glenister and the Helen Suzman Foundation.

They argue that the SA Police Service Amendment Act, which was passed by Parliament last year, does not sufficiently insulate the Hawks from political interference.

The act gives the police minister the power to suspend the head of the directorate of priority crime investigations, more commonly known as the Hawks.

The minister can also dismiss the Hawks chief after an inquiry headed by a retired judge.

Kemp rejected this argument on Monday.

“We don’t support the notion that, because the minister has these powers, that the head [of the Hawks] is in imminent threat of improper removal,” Kemp told the court.

– SAPA

Cape Town – Three men accused of killing gay nightclub owner Bruno Bronn will go on trial next month.

Johan Frederick Coetzer, Fareez Allie, and Achmat Toffa appeared before Western Cape High Court Judge President John Hlophe on Monday morning.

Hlophe set the date for trial as 14 October.

The men are accused of killing Bronn, 50, in his Green Point home on 7 February last year.

According to the indictment, he was strangled and died of suffocation.

He owned the popular night-clubs Bronx and Navigaytion in Somerset Road, Green Point.

The men face charges of premeditated murder and robbery with aggravating circumstances. Both charges carry life sentences.

Coetzer is out on bail of R20 000 and Allie of R5 000.

Toffa was granted bail in the matter, but remains in custody at Pollsmoor Prison on unrelated charges.

The court previously heard that the prison refused to release Toffa even though he was recently acquitted on an unrelated charge, and was out on warning for another.

Hlophe said at the time he would sign an order confirming that Toffa was out on bail in the Bronn case.

– SAPA

Johannesburg – KwaZulu-Natal police on Monday offered a R15 000 reward for information leading to the arrest of an alleged murderer who was accidentally released from custody because of a clerical error.

Lebo Sibisi allegedly robbed and murdered a man in Umbilo, Durban, on 14 September 2012, said Captain Thulani Zwane.

“Two suspects, including Sibisi, were arrested following police investigations and the release of [Sibisi] on bail was successfully opposed in the Durban Magistrate’s Court.”

Following a separate court appearance on 23 January this year, a clerical error occurred and Sibisi’s detention warrant incorrectly showed R5 000 was required for his release.

“The bail amount was paid and [Sibisi] was later freed by the authorities. He never appeared in court after his release and a warrant for his arrest was issued,” said Zwane.

Sibisi was believed to be in hiding in the Eastern Cape.

– SAPA

Johannesburg – The Economic Freedom Fighters (EFF) on Monday distanced itself from members who were involved in a Labour Court matter.

“The central command team has asked commissar Sam Tshabalala to submit a report as to his utterances and action on the said day and event, since there had not been any organisational mandate to his involvement,” EFF national spokesperson Mbuyiseni Ndlozi said in a statement.

The Sunday Times reported that a labour broker was granted an order by the Labour Court barring the EFF from its premises in Vereeniging and across the country.

According to the Workforce Group, the case followed an altercation last month during which Tshabalala allegedly led a group of about 200 ex-employees to demand reinstatement.

EFF members apparently made death threats, and the company, which is listed on the Johannesburg Stock Exchange’s (JSE) alternative exchange, feared its employees might be killed, the newspaper reported.

Ndlozi said the EFF would meet with the Workforce Group to reach an understanding.

“The EFF supports and will always stand with workers, particularly against abusive companies.

“However, this will always be done with the workers in the front,” he said.

– SAPA

Johannesburg – The ANC has begun consulting voters to help formulate its manifesto for next year’s general elections, national executive committee (NEC) member Jeff Radebe said on Monday.

“The African National Congress will be convening nation-wide manifesto forums with our people, from all walks of life, on the development of our election manifesto,” he said in Johannesburg.

“The manifesto forums seek to provide an opportunity for the ANC to interact with our people on progress made and challenges confronted in creating a South Africa that is better today than it was in 1994.”

Radebe said the forums would be held from 14 September to 18 October.

“These municipalities [where the forums will be held] are selected to ensure a fair distribution in terms of urban and rural mix, levels of basic service delivery, and ANC support.”

All forums to be public gatherings

A minimum of four forums would be held in each province.

“All the manifesto forums will be public gatherings, open to all people who wish to make contributions in the manifesto to guide and direct our collective aspirations,” Radebe said.

He said the ANC had been encouraged by forums held in Eshowe, KwaZulu-Natal and Sasolburg, in the Free State, at the weekend.

“Both were well-attended and were characterised by fruitful engagements by members of the public,” Radebe said.

He said more than 300 people attended the forum in Eshowe and 160 in Sasolburg.

Radebe said it was hoped the manifesto would be approved by the ANC’s NEC at the end of November.

“It [the manifesto] will be made public when we celebrate the birthday of the ANC on 8 January 2014.”

He said the ANC-led government had made “great strides” since the advent of democracy, coming up with, among other things, the National Development Plan.

“The achievements that we have made in the past five years and in the past 19 years notwithstanding, we have to consult our people because we still have many challenges that lie ahead.”

A ‘comprehensive majority’ the aim

He said the ANC always focused on its people.

“We are not going to be diverted… [by] other parties, even those who had previously been in the ANC, who have [now] formed their new parties.”

Radebe said the ANC had “a very good story to tell” for its nearly 20 years as ruling party.

“Twenty years is not a curse for us, but it is a major milestone because we believe that we have destroyed the vestiges of apartheid and on its ashes, we have consolidated our political democracy,” he said.

“Our aim is to make sure that we have a comprehensive majority in these elections.”

When asked about other parties’ claims they would claim provinces from the ANC, he joked that he did not know that political parties had psychics.

He said people still had trust in the ANC

– SAPA

Pretoria – The latest attempt by two members of the so-called Waterkloof Four to stay out of jail was dismissed by the North Gauteng High Court on Monday.

Judges Hans Fabricius, Ephraim Makgoba and Wendy Hughes denied an application by Reinach Tiedt and Gert van Schalkwyk for leave to appeal against an earlier ruling that they return to the Zonderwater Prison.

The judges granted an order to Correctional Services Minister Sibusiso Ndebele that any further applications for leave to appeal not suspend the previous order.

They gave Tiedt and Van Schalkwyk – who have been under house arrest for almost two years – until noon next Monday to report back to the Zonderwater prison.

The two, along with Christoff Becker and Frikkie du Preez, were sentenced in January 2005 to 12 years’ imprisonment for murdering a man in a Pretoria park in 2001.

They started serving their sentences in August 2008 after an unsuccessful appeal.

Correctional supervision

A Pretoria magistrate converted Tiedt and Van Schalkwyk’s sentences to correctional supervision in December 2011 after an application by the Parole Board.

Correctional Services appealed against the decision and a full Bench of the High Court ruled in June that the magistrate’s ruling had been based on an error in law and that the two must return to jail.

The judges found that Tiedt and Van Schalkwyk were not entitled to parole if more than five years of their sentence remained.

Their lawyer Jaap Cilliers SC, argued it would “ruin” their lives if they had to go back to jail when there was a chance that an appeal might eventually succeed.

Fabricius said nothing new had been put before the court and that six judges of the High Court had already interpreted the relevant statutory provisions in the Criminal Procedure Act in the same manner.

“There is in my view no reasonable prospect that another court will come to a different conclusion,” he said.

They were free to apply to the Supreme Court of Appeal or even the Constitutional Court for leave to appeal, but the rule of law required that they return to prison.

Van Schalkwyk said in an affidavit their private and business lives would be gravely and negatively affected if they returned to prison.

A social worker said in a report that correctional supervision was in fact a severe punishment in itself.

Criminal Procedure Act

Fabricius said this argument was “absurd”, having regard to a prison regime that the social worker herself described as difficult and harsh in effect while the accused in contrast lived under almost normal circumstances on a daily basis.

“As our judgment said: a prisoner is not lawfully entitled to parole if more than five years of his/her sentence remains.

“That is what the Criminal Procedure Act says and that is what this case is all about.

“We must apply the law and the respondents must know, if they read our judgment, that our reasoning is based on that fact.

“The public must know it and every single prisoner as well. It is in the interest of justice.

“We are not concerned with possible exceptions relating to rehabilitation, family life, employment opportunities, etc. The law applies to all,” he said.

– SAPA