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NEWS ARTICLES - 30092011
Monday, October 3, 2011
Security guard killed in ATM bombing
2011-09-29 11:30
Johannesburg - A young security guard died after being shot in the mouth as
he investigated a cash machine bombing at a shopping centre in Itsoseng on
Wednesday night, North West police said. "It is alleged that the suspects
were in the process of bombing an ATM outside one of the stores at the
complex," spokesperson Captain Tselane Nkala said on Thursday. "The suspects had already connected explosives to the ATM when the security official
arrived and approached them," Nkala said. The guard, 21, was shot through
the mouth and died on the scene at around 22:00, he said. The gang ran away
and nobody had been arrested by Thursday morning. www.news24.com Soweto man held for year-old murder
2011-09-29 10:37
Johannesburg - A 34-year-old man has been arrested for the August 2010
murder of a Jabulani hostel resident, Soweto police said on Thursday.
Warrant Officer Kay Makhubele said the man and two others shot and killed
Xolani Hadebe, 25, and then fled the scene. One man, Majagi Mabaso, was
arrested shortly after the murder but police managed to track down a second
man and arrested him in Freedom Park on Wednesday. He was expected to appear in the Protea Magistrate's Court on Friday where it is understood he will
join his co-accused Mabaso whose case is currently before the High Court in
Johannesburg. Police are still searching for the third man. In a separate
incident, police arrested a 26-year-old man who allegedly robbed a
supermarket in Zola on Wednesday. Makhubele said the man, and another one
who is still at large, pushed their way into the supermarket after the owner opened the doors around 7am. They then fled with an undisclosed amount of
money, cigarettes and cellphone airtime. One of the men was later arrested
in Zola. He was expected to appear in the Protea Magistrate's Court on
Friday on charges of business robbery and possession of stolen property.
www.news24.com 6 suspected robbers nabbed
September 29 2011 at 03:45pm
A high-speed chase led to the arrest of six men thought to have been
planning a robbery in Midrand on Thursday, Gauteng police said. Police were
following a Mercedes Benz sedan and a Mazda bakkie the six were travelling
in, spokesman Lieutenant-Colonel Lungelo Dlamini said. “Upon realising that
they were being followed, the suspects sped off and a chase ensued.” The
driver of the Mercedes Benz drove into open veld. Three men jumped out and
tried to run away, said Dlamini. “The driver fired shots at the police who
returned fire. He was wounded and arrested, along with two of his
accomplices.” The driver was being treated in hospital under police guard.
The three occupants of the bakkie were arrested after also abandoning their
vehicle and trying to run away. Police recovered two pistols and a revolver. The Mercedes was stolen in the North West earlier this month. The men, aged
between 31 and 51, were charged with conspiracy to rob, possession of
unlicensed firearms and possession of a suspected stolen vehicle. “The
suspects have not yet been linked to any other crimes,” Dlamini said.
www.iol.co.za Police pounce on alleged hijackers
September 29 2011 at 11:49pm
Johannesburg - A former police officer and 17 other people were arrested in
Putfontein, Benoni, on Thursday for possession of hijacked trucks valued at
R5-million, police said. Police followed leads and found the men at a plot
at around 2pm, Lieutenant Colonel Tshisikhawe Ndou said. The former
policeman is the owner of a trucking company. The men were members of a
syndicate which hijacked trucks and tampered with their chassis and engine
numbers to make them legitimate, Ndou said. They were expected to face
charges connected with possession of hijacked trucks and stolen engines.
www.iol.co.za Manhunt for Bizana robbers
2011-09-29 11:37
Mthatha - Police believe they are following good leads in their search for
an AK-47 gang that shot six policemen in Bizana in the Eastern Cape. One of
the policemen later died and the other five are critically wounded. Colonel Vishnu Naidoo said on Thursday police were following up positive leads.
Police received a tip-off on Tuesday that the local Shoprite shop in Bizana
was being robbed. When the officers arrived, a gang carrying AK-47 assault
rifles opened fire. Six police officers were wounded and Constable Manwabisi Gqamane, 25, died later in hospital. A gang member was killed in the
exchange of fire and another wounded. Police recovered a 9mm pistol and
three bags with an undisclosed amount of cash were found in a getaway
vehicle. A 38-year-old woman was arrested on Tuesday night. A bag of coins
and six firearms were recovered. Four of the firearms were stolen from the
police officers who were shot. www.news24.com Cops corner Soweto thugs
29 Sep 2011
Mfundekelwa Mkhulisi
Diepkloof resident, who lives in a house near the scene of the shooting,
said she was "grateful to God" that no one from her family had been injured. TWO alleged robbers were shot and killed in Diepkloof, Soweto, yesterday
following a high-speed car chase by the police. Gauteng police spokesman
Lieutenant Colonel Tshisikhawe Ndou said three men had allegedly robbed a
supermarket in Rosettenville, Johannesburg. "It is alleged that three
suspects driving a blue Nissan Sentra went to a local supermarket in
Rosettenville, where they took a cash box and a 9mm pistol from a security
guard," he said. Ndou said a description of the alleged robbers was given to police as well as the direction in which the men fled. "Johannesburg flying
squad spotted the vehicle on Ben Naude Street bin Diepkloof and pursued it.
At the corner of Nongoma and Ben Naude the suspects started shooting at the
police, who returned fire. Two suspects were fatally shot and the third
managed to escape," Ndou said. He said the cash box, getaway car and three
unlicensed 9mm pistols were recovered. No police officer was injured during
the shootout. "We are investigating cases of attempted murder and possession of unlicensed firearms," he said. Emily Maswanganyi, who lives in a house
near the scene of the shooting, said she was "grateful to God" that no one
from her family had been injured. "I had just given the house key to my
husband since I wanted to go to the shops when I heard gunshots," she said.
"He was in his stall, where he sells sweets on the street. I saw people
running and hid. I was scared because I have never seen something like
that." Maswanganyi said she did not know if she would be able to sleep at
night. "I am still shaking from the shock," she said. Sowetan Cop held for alleged fraud, rape
September 29 2011 at 01:40pm
A police captain was arrested in Alberton on Thursday for allegedly
defeating the ends of justice, using a state vehicle without authority,
corruption, fraud, and rape, Joburg police said. The 49-year-old was
arrested when he reported for duty at the Alberton detective offices at 8am, Lieutenant-Colonel Lungelo Dlamini said. The investigation into the crimes
started last year. The policeman was accused of falsifying statements in a
docket which was later closed when the prosecutor declined to prosecute. He
faced a charge of raping a woman, who apparently paid him to have a criminal case against her withdrawn. He was also accused of taking a bribe from a
person whose firearm had been confiscated. The officer was expected to
appear in the Alberton Magistrate's Court on Thursday. An internal
investigation was underway. He might face suspension given the seriousness
of the allegations, Dlamini said. www.iol.co.za ‘Officer failed in his duties’
September 29 2011 at 11:51am
By Kamini Padayachee
ALL that Idris Ally wanted for his son, Altaf, was for justice to be done.
However, on Wednesday he watched in disappointment as the two men accused of shooting Altaf, 13, during an armed robbery and botched hijacking, leaving
him paralysed, were acquitted in the Durban Regional Court. Altaf, of
Chatsworth, was shot in the head by a gang of fleeing robbers after they had failed to hijack police officer Ashraf Mohamed in January last year. Mohamed had been standing outside the home of his friend Shaun Naidoo at the time.
The gang robbed Mohamed of R10 000 in cash and fired at Naidoo, his brother
Darryl and mother Cathy. Thabiso Hadebe and Malusi Zulu were later arrested
and charged with two counts of robbery with aggravating circumstances, six
counts of attempted murder, pointing a firearm and for discharging a firearm in a built-up area in connection with the incident. Zulu was also charged
with illegal possession of a firearm and ammunition. The third accused,
Sanele Mkhize, died in prison earlier this year. Handing down judgment,
magistrate Siphiwe Hlophe said there were serious discrepancies in the
State’s
case which affected the credibility of its witnesses. Hlophe said some of
the contradictions included Darryl Naidoo testifying that he had seen only
two people in his yard, but identifying three people during an identity
parade. He also said that the investigating officer, Constable Njabulo
Khuzwayo, had only held an identity parade with two witnesses, instead of
all the witnesses together, prior to the case being set down for trial.
“Nine months after the incident, the statements of Altaf Ally and his
brother Azmuth were taken. Eleven months after the incident, a second
identity parade was held for other witnesses in the case to try to salvage
the State’s case. This parade was held despite the accused having appeared
in court several times in both Durban and Chatsworth. The investigating
officer failed in his duties,” said Hlophe, acquitting Hadebe and Zulu.
Shocked Speaking outside court, Ally, who attended every day of the trial,
said he was shocked and disheartened by Hlophe’s ruling. “Justice has not
been served; my son’s life has been changed forever. As a family we have had to make several lifestyle changes and it’s tough. I do not know how they
(his family) will take it, when I tell them.” He added that the police had
bungled the investigation.“ Ally added that he had discussed the possibility of the State appealing against the judgment. “I give credit to the
prosecutor (Sandile Xaba); he worked hard on this case. He has promised that he will discuss an appeal with his superiors and hopefully it will go
ahead.” - The Mercury Conman tries to steal dead man's savings
2011-09-29 21:04
Johannesburg - A man was arrested in Silverton on Thursday for allegedly
trying to access the bank account of a man who died two months ago, said
Pretoria police. The 54-year-old posed as the dead man's son, wanting to
withdraw his savings from the bank, said Captain Jan Sepato. He gave the
manager a forged death certificate and a copy of the dead man's identity
document. The manager became suspicious and called the dead account holder's family and the police. "We suspect the man is part of a fraud syndicate that has recently preyed on many people in several parts of Pretoria," Sepato
said. He was expected to face a charge of attempted fraud in the Pretoria
Magistrate's Court on Monday. www.news24.com Maintenance defaulters arrested
2011-09-29 16:37
Police arrested 44 child-maintenance defaulters in a special operation in
Western Cape in September, a spokesperson said today. Lieutenant-Colonel
Andre Traut said the defaulters owed about R628 605 in maintenance. He said
878 offenders had been identified and could expect to be approached soon
about defaulting on support for their children. Operation Isondlo was a
justice department initiative and would continue until mid-December. City
Press ‘Facebook rapist’ wanted for murder
September 29 2011 at 01:24pm
By Caryn Dolley
Police suspect a man who has become known as the “Facebook rapist” has
committed his first murder – stabbing a woman in a B&B in Milnerton. The
man, who goes by the name Thomas Bester, one of 13 aliases, has been
allegedly scamming people for seven years and recently started targeting
models. According to police, Bester’s modus operandi involves luring young
women interested in modelling and television work by claiming to be the
chief executive officer of a fake company, either BSB Investments or BSB
Media. In a “wanted” notice issued by police, it said Bester also pretended
to work for known organisations including MTV Base, Trace TV, e.tv, BET
Black Entertainment Television, Def Jam and Island Records. The notice said
Bester promised women high-paying jobs and often stole their belongings from them when meeting them. It said he stayed in B&Bs with them and left,
leaving the women to foot the bill. However, recently his actions have
become more violent. Police said the man had been operating in Gauteng,
KwaZulu-Natal and Cape Town. In the most recent incident police suspect he
is involved in, 26-year-old Nomfuno Tyulu, of Honeydew in Johannesburg, was
murdered in a Milnerton B&B. Her body was found last Wednesday with a stab
wound to the chest. That same day, a Facebook user under the name Thomas
Kelly Bester, believed to be Bester, posted this message: “Catch me if you
can. Why are people bothering me?” The Facebook profile included photographs of Bester. His victims have confirmed to police that they are photos of the
man who scammed them. On Wednesday, Lieutenant-Colonel Will Lombard of the
Durban police said it was “strongly suspected” Bester was behind Tyulu’s
murder. In other incidents Bester was linked to, a Johannesburg model was
lured to Cape Town at the start of the month, but realised who he was and
managed to escape from him in Bellville. In mid-August, Bester lured a model from Johannesburg to a Durban hotel, where he raped her and stabbed her in
the face. On Wednesday, Haden Searles, the Durban North-Umhlanga Community
Police Forum chairman, said based on records, it appeared Bester started
scamming people seven years ago. He said Bester, thought to be in his early
to mid twenties, was constantly moving between provinces. “Talk to anyone
who has had contact with him. He knows what he’s doing. How do you get a
modelling agency to send models to a shoot? His documentation, contractual
documentation, passes muster,” he said. Searles said, despite intense
investigations into Bester, personal details about him, including his actual name, were not known. “He’s a ghost to us. But he needs to know we’re on his trail. We’re not giving up. It’s just a matter of time before he puts a foot wrong,” he said. Searles said Bester recently travelled to Durban with
models from Johannesburg. The models, in two taxis, realised something was
amiss and Bester escaped before police arrived. Searles said Bester recently tried to get models from Cape Town to Durban. Jade Sham, a booker at Ice
Model Management in Cape Town, said a man identifying himself as Bester
contacted the agency twice requesting models. The first time was last year
and the second about a month ago. www.iol.co.za Sebokeng escapees rearrested
2011-09-29 07:27
Johannesburg - Two of the three men who escaped from the Sebokeng police
holding cells have been rearrested, police said on Thursday. Lieutenant
Colonel Lungelo Dlamini said Anton Americo Bila and John Luis Kumalo, were
arrested at Protea Glen on Wednesday, following leads from members of the
public. The third man, Quive Valerio was still at large. Dlamini said
internal investigation relating to the escape was being conducted. The three escaped from the police cells in Sebokeng on Monday. Bila was arrested in
connection to 37 housebreaking cases which predominantly took place at
schools where computer equipment were targeted. Kumalo has been linked to
six crime scenes and Valerio has not yet been linked to any other crimes
except a case of possession of suspected stolen property. They were arrested on September 21 in Palm Springs. During their arrest they were found in
possession of suspected stolen goods which include computer equipment, gate
motors, school soccer kit, air conditioners and cellphones. www.news24.com Two cops given bail over ATM case
29 Sep 2011
Ntwaagae Seleka
TWO Soweto policemen accused of supplying ATM bombers with ammunition
appeared briefly in the Protea magistrate's court yesterday. The two
constables, Authority Gamede and Vincent Hlubi, were each granted R2000
bail. It is alleged the officers played a role in the crime that resulted in the fatal shooting of reservist constable Busisiwe Mehlwana during an ATM
bombing at a filling station in Pimville, Soweto, on July 5. Mehlwana, 33,
who was based at Kliptown police station, was killed when she and her
colleague responded to an ATM bombing at a Total garage. Magistrate Denise
Morton had earlier ordered Gamede and Hlubi to report to the Krugersdorp
organised crime unit every Monday, Wednesday and Friday. The two were also
ordered not to leave Gauteng without informing the investigating officer.
The men are expected to appear in court again on October 27. Sowetan Trio remain in jail after cop killing
September 29 2011 at 05:52pm
Three men accused of the ambush-style murders of two Kraaifontein policemen
in May, are to remain in custody until December 15. They are in custody in
Pollsmoor Prison, and appeared in the Blue Downs District Court on Thursday
by way of a new closed-circuit TV system known as the video link. Sivuyile
Sangovana, Khangelani Twala and Olwethu Sotondoshe appeared before
magistrate Gerald Hattingh. The video link system is an experiment aimed at
minimising escapes, and is in operation at only a few courts in the country, including Wynberg in the Western Cape. From the courtroom, the accused can
be seen in an enclosed area in the prison, in the presence of prison
officials. From the prison, prisoners can see the inside of the courtroom,
including the presiding magistrate and other court officials, as well as
people in the public gallery. The proceedings are conducted as if the
prisoners were in the courtroom. If a prisoner wishes to say something to
the magistrate, the camera zooms in on him or her. The three men allegedly
shot dead Warrant Officer Gershwin Matthee and Student Constable Cannon
Cloete, when they arrived in the Wallacedene squatter settlement near
Kraaifontein to attend to a rape complaint. Sangovana and Twala were later
arrested while receiving treatment for bullet wounds - Sangovana in Groote
Schuur Hospital and Twala in Tygerberg Hospital. Sotondoshe was found in
Pollsmoor prison, where he was in custody for an unrelated matter. The
premeditated murder of a police official carries a mandatory life sentence.
The three men recently launched a combined bail application, but abandoned
it before it even got underway. www.iol.co.za Advocates 'mounted steed of greed'
2011-09-29 22:31
Pretoria - Thirteen Pretoria advocates who "mounted the steed of greed" and
milked the Road Accident Fund will have to pay back more than R15.6m of
their ill-gotten gains, the North Gauteng High Court in Pretoria heard on
Thursday. Six of the advocates were struck off the roll. The case was also
referred to the Law Society for further action against the attorneys
complicit in the conduct of the advocates. Retired Judges Kees van
Dijkhorst, Piet Combrinck and William de Villiers expressed "sorrow" about
the case and said it gave them no joy to sit in judgment on 13 senior
members of the Pretoria Bar. The advocates accepted multiple cases on the
same day (so-called double briefing) and charged a full day's fee for each
case (overreaching), a practice that had become rife in Pretoria in 2009.
"When counsel mount the steed of greed and attempt to clear the hurdle of
their professional rules their fall inevitably dents the reputation of the
profession, in this case the proud reputation of the Pretoria Bar. "We write this judgment in sorrow and lament the loss of integrity, in the past the
hallmark of the profession of advocates. "We sit in judgment on thirteen
senior members of the Bar, among them two silks, who by their action have
brought the good name of their profession into disrepute. "They are not
novices. They are experts in their particular field of litigation, which is
claims against the Road Accident Fund for damages arising from personal
injuries. "They have been at the Bar for decades, some as long as 32 years.
They were regarded as men of good standing," the judges said. The ruling
follows an application by the General Council of the Bar to strike off all
thirteen advocates. The Pretoria Bar, however, asked the court to confirm
sanctions already imposed on twelve of the advocates, including fines and
suspensions. Reading a summary of their ruling, Judge Van Dijkhorst said it
struck one as odd that the Bar Council did not require the advocates to make amends and return the ill-gotten gains, nor did the advocates offer to do
so. "One would have thought that this is basic where remorse is expressed to be present, especially where the gains far outstrip the fines imposed. "The
game of breaking the rules may never be seen to be worth the candle of
sanctions," he said. Judge Van Dijkhorst said none of the advocates could
not have been aware of the rules and specific circulars relating to multiple trial briefs. He said it appeared that despite being aware of the
wide-spread practice of multiple briefing, there was no action until
September 2009 when a senior member of the Bar laid a complaint. "Why was
the Bar Council so supine? Why did it fiddle while Rome burnt? It is hardly
surprising when some of the transgressors sat in the meetings of the Council and its committees. "But there is a deeper reason. It is the widely held
fallacy that without a specific complaint against a specific member there
can be no action. "This situation can be likened to a fire brigade which
sees towering flames and billowing smoke but stays put because nobody has
reported a fire. "We suggest that the Bar Council gets its house in order.
The rot is in the woodwork," he said. The judges struck the names of
advocates Thillay Pillay, Theunis Botha, Toy de Klerk, Percy Leopeng, Daniel Mogagabe and French Bezuidenhout off the roll and ordered them to repay the
RAF. The worst offender was Bezuidenhout, who was ordered to pay back over
R5.9m over the next year. All of them had brazenly defied the rules and
continued their unprofessional conduct even after the Bar Council called for their books. Some also "fiddled" with their hours. Advocates Brenton Geach
SC, Don Williams SC, Stef Gldenpfennig, Mark Upton, Ephraim Seima, Cassie
Jordaan and Colin van Onselen were also given a year to repay the RAF and
were given either suspended sentences or sentences suspended for up to a
further six months. www.news24.com Court ups killers' sentence to life
2011-09-29 21:04
Bloemfontein - A sentence of 15 years' imprisonment each imposed on three
Gauteng men was changed to life imprisonment by the Supreme Court of Appeal
on Thursday. The Gauteng director of public prosecutions had appealed
against the sentence. The SCA found the trial court had misdirected itself
in finding substantial and compelling circumstances for the lesser sentence. The South Gauteng High Court, sitting in Delmas, found Thulani Thusi,
Promise Mathebula and Siphiwe Ngwenya guilty of murdering Dos Santos
Andrade, 64. It also convicted Mathebula of rape. The three men broke into
Andrade's house and attacked and assaulted him when he got home. They tied
his hands, pushed a sock in his mouth and strangled him with an electric
cord. They also assaulted two women, one of whom was raped by Mathebula. The court sentenced each of them to 15 years' imprisonment for the murder.
Mathebula was also sentenced to 18 years in jail for the rape.
www.news24.com Corruption accused sent to jail
September 29 2011 at 09:38am
Kamini Padayachee
BOTH businessman Thoshan Panday and suspended police officer Navin Madhoe
looked devastated when the Durban Regional Court ordered that they be sent
to Westville prison yesterday. Madhoe and Panday, who are charged with
corruption, are accused of trying to bribe provincial Hawks head
Major-General Johan Booysen with R2 million. They had allegedly wanted
Booysen to backdate an investigation report into a R60m accommodation tender scam in which both are suspects. The State alleges that Panday, Madhoe and
other policemen were part of a syndicate that ran the scam within the police department. It is alleged that backdating the report would have helped
Panday in his bid to have search warrants used to access his bank accounts
set aside in the Durban High Court. The State says that Madhoe made the
bribery attempt at Panday’s request, with cash provided by the businessman.
Madhoe claimed in his affidavits that the allegations against him were
linked to a smear campaign to discredit provincial police commissioner
Mmamonnye Ngobeni. He added that he had been asked several times by police
officers to become a State witness and testify against Ngobeni and Panday in the tender scam case. Panday denied being part of a syndicate. Yesterday,
during Madhoe and Panday’s joint bail application, State advocate Bheki
Manyathi asked for an adjournment to prepare an affidavit opposing Panday’s
bail application. He said police management had decided that Madhoe should
be held at Westville prison to prevent him from being influenced by other
officers. Both Panday and Madhoe looked shocked by the decision to hold them at Westville prison. The men’s lawyers tried to secure cells for them at
police stations, to no avail. Magistrate Thomas Nhleko adjourned the matter
until tomorrow. The Mercury Man charged with rape, murder of ex-lover gets two life sentences
29 Sep 2011
Boitumelo Tshehle
A 27-YEAR-OLD man received two life sentences in the Mmabatho high court in
North West yesterday for murdering and raping his former girlfriend. Oganeng Mmitlwe was found guilty on charges of rape and murder and sentenced to two
life sentences. Judge Maleshane Kgwele said the sentences would run
concurrently. Sentencing Mmitlwe, Kgwele said the deceased was killed in a
brutal and inhumane way. "Being crushed with a stone shows that the accused
was disrespectful and insensitive to the victim. As if that was not enough
the accused raped her," she said. Kgwele said Mmitlwe did not show any
remorse during the investigation. "You only cooperated with the police after you saw the writing on the wall. To me you did not show remorse," she said.
On June 28 last year Mmitlwe stopped his ex-girlfriend, Mmapule Masimong,
when she was on her way to town and dragged her to a nearby park in Verdwaal village, outside Mahikeng. That was at about midday. He forced her to drink
alcohol, raped her and crushed her head with a huge rock the size of a
watermelon. Masimong's body was found next to a power station lying on her
back with her skull crushed. A postmortem showed that she had died as a
result of "head injuries". The 22-year-old mother of two was found lying
next to the power station after going missing for a night. Masimong's
mother, Johanna Masimong, said her daughter had died in a most horrible way. "I still have the flashbacks to pictures of her lying lifelessly and naked,
with her eyes removed and her brain scattered all over the place," she said. "I will never forgive him. His parents must also lose him as much as I lost
my daughter. My daughter's death has broken my heart and shattered our
lives." She said "two life sentences was too easy" for their daughter's
killer. Masimong said Mmitlwe killed her daughter intentionally. She said
before the killing her daughter had told her she had broken up with Mmitlwe
and he had threatened to kill her. "Little did I know that a week later I
would lose my daughter." Sowetan Speeding Mandela junior beats rap
September 29 2011 at 01:01pm
By OMPHITLHETSE MOOKI
Nelson Mandela’s grandson Zondwa on Wednesday got off with a slap on the
wrist for exceeding the speed limit by 92km/h – an offence that should have
cost him his licence. According to the amended National Road Traffic Act,
those exceeding the speed limit by 30km/h or more in urban areas should have their licences suspended. But the 28-year-old director of the embattled
Aurora Mine drove off from the Randburg Magistrate’s Court on Wednesday,
still in possession of his driving licence, despite being caught driving at
158km/h in a 60km/h zone on May 7. Magistrate Hombakazi Thwele provisionally withdrew the reckless and negligent driving charge, pending the finalisation of a diversion programme he has undertaken to partake in. It was impossible
to establish the nature of the programme as the docket, a public document,
was kept locked in a clerk’s office, with a woman known only as Edith
refusing to produce it as she was “in a hurry to get somewhere”. If Mandela
successfully completes the diversion programme, which could be a form of
community service, charges against him will be withdrawn permanently. Two
days after the 75th birthday of his grandmother, Winnie Madikizela-Mandela,
the man paced court corridors on Wednesday, his thumb glued to his phone.
The May 7 incident on Beyers Naudé Drive came just a month after a road
safety scholarship was launched in memory of Zondwa’s niece Zenani, who died in a car crash last year. - The Star Union: Give cops bigger guns
September 29 2011 at 07:27pm
Police need to be issued with weapons matching those of heavily armed
criminals after the murder of a policeman in Bizana, Eastern Cape, the SA
Police Union (Sapu) said on Thursday. “If you go to a war zone you have to
be equally equipped,” union spokesman Oscar Skommere said in a statement.
Constable Manwabisi Gqamane, 25, died in hospital on Wednesday from wounds
sustained in a shootout with a gang carrying AK-47 assault rifles. The
policemen responded to a robbery at a Shoprite store on Tuesday evening, and the gang opened fire when they arrived. Six police officers were wounded.
Gqamane died later in hospital. Sapu sent its condolences to Gqamane's
family and wished the injured officers a speedy recovery. On Wednesday
national police chief General Bheki Cele visited the five wounded policemen. They were in a stable but critical condition, police spokesman Colonel
Vishnu Naidoo said. Cele and provincial police chief Lt-Gen Celiwe Binta
also inspected the crime scene. A gang member was killed in the exchange of
fire and another wounded. Police recovered a 9mm pistol. Three bags with an
undisclosed amount of cash were found in a getaway vehicle. A 38-year-old
woman was arrested on Tuesday night. A bag of coins and six firearms were
recovered. Four of the firearms were stolen from the police officers who
were shot. www.iol.co.za Media can name suspects - court
2011-09-29 22:33
Andre Grobler
Bloemfontein - The publication of the name of a person suspected of criminal action and not yet arrested could be to the benefit of the public, the
Supreme Court of Appeal has found. The court made the finding in its
judgment on Wednesday, in the appeal of businessman Mogale Modiri against a
high court order which dismissed his action for defamation against Media24,
the late Daily Sun publisher Deon Du Plessis, a reporter and the police. The appeal originated from a Daily Sun article headlined "Mangaung Crime
Crackdown", which reported that the Mangaung police were on top of the crime situation in Bloemfontein. It asked Daily Sun readers to help the police
catch Modiri, who was accused of involvement in drug dealing,
cash-in-transit heists and car theft. The SCA held that the high court had
rightly found that the gist of the article was objectively true. Evidence
indicated that, for 10 years before the article was published, police
suspected Modiri of involvement in armed robberies, vehicle thefts and
drugs, and of leading a syndicate involved in these crimes. Offenders IDed
Modiri - The court also heard that actual offenders had identified Modiri as one of their leaders, but were unwilling to testify against him in court. As a result, charges against him had had to be withdrawn. A police investigator quoted in the article, denied inviting Daily Sun readers to help apprehend
Modiri. The SCA found that the allegations which had proved to be untrue in
the article were not part of the sting of the article. It said the media
were not required to prove that defamatory statements were true in every
detail. The unanimous judgment by a full Bench also held that once the media had proved that the sting of the article was true, it did not matter where
the journalist had obtained the information relied on. The court found that
the publication of the suspicion held by the police was to the benefit of
the public. Modiri could not insist on enjoying the reputation of an honest
businessman who was beyond any suspicion. The court held that the
publication of the suspicions against Modiri could have served to persuade
members of his community to come forward with potential evidence against
him, and which the police eagerly sought. The fact that the police did not
actually ask the journalist to invite public assistance did not detract from this possibility. The SCA partly upheld Modiri’s appeal with regard to
costs. www.news24.com Cops kill fewer people: ICD
September 29 2011 at 02:44pm
Deaths at the hands of the SA Police Service (SAPS) fell by seven percent to 797 between April 2010 and April this year, the Independent Complaints
Directorate (ICD) said on Thursday. ICD executive director Francois Beukman
said that of these deaths, 257 were in custody and 540 were the result of
police action, such as crime prevention. Fifty three percent of the deaths
occurred at the scene of a crime. Beukman said 860 deaths were recorded in
the previous year. He said 5869 complaints against the police were lodged
with the ICD in the year ended March 31. The ICD had made 501
recommendations for prosecution to the Directorate of Public Prosecutions.
During the same period there were about 60 convictions of police officers in court and about 90 internal disciplinary convictions. www.iol.co.za Cops on go-slow in PMB
September 29 2011 at 12:08pm
By Sharika Regchand
PIETERMARITZBURG traffic officers have embarked on a go-slow, calling for an investigation into the “state of chaos” in the Msunduzi traffic and security department. They are also demanding that a task team be set up to probe the
allegations contained in their memorandum. Their key gripe is that the
municipality had appointed an unqualified senior manager, who they said was
running the department into the ground. According to the memorandum, the
manager had been appointed to the position despite failing to meet the
advertised job requirements. The manager had also failed to provide copies
of his qualifications. “The traffic section is in a state of chaos; there is no leadership,” says the memorandum, adding that black women with degrees in traffic management had not been given the opportunity to fill the positions. The situation in public safety was apparently critical as junior employees,
who were unqualified, were acting in senior positions. “This affects service delivery as the workforce is now further depleted as there are now fewer
traffic officers on the ground… traffic safety on the roads is being
compromised,” it said. Msunduzi spokesman Brian Zuma said that city
administrator Sibusiso Sithole would look into the issues. - The Mercury
2011-09-29 11:30
Johannesburg - A young security guard died after being shot in the mouth as
he investigated a cash machine bombing at a shopping centre in Itsoseng on
Wednesday night, North West police said. "It is alleged that the suspects
were in the process of bombing an ATM outside one of the stores at the
complex," spokesperson Captain Tselane Nkala said on Thursday. "The suspects had already connected explosives to the ATM when the security official
arrived and approached them," Nkala said. The guard, 21, was shot through
the mouth and died on the scene at around 22:00, he said. The gang ran away
and nobody had been arrested by Thursday morning. www.news24.com Soweto man held for year-old murder
2011-09-29 10:37
Johannesburg - A 34-year-old man has been arrested for the August 2010
murder of a Jabulani hostel resident, Soweto police said on Thursday.
Warrant Officer Kay Makhubele said the man and two others shot and killed
Xolani Hadebe, 25, and then fled the scene. One man, Majagi Mabaso, was
arrested shortly after the murder but police managed to track down a second
man and arrested him in Freedom Park on Wednesday. He was expected to appear in the Protea Magistrate's Court on Friday where it is understood he will
join his co-accused Mabaso whose case is currently before the High Court in
Johannesburg. Police are still searching for the third man. In a separate
incident, police arrested a 26-year-old man who allegedly robbed a
supermarket in Zola on Wednesday. Makhubele said the man, and another one
who is still at large, pushed their way into the supermarket after the owner opened the doors around 7am. They then fled with an undisclosed amount of
money, cigarettes and cellphone airtime. One of the men was later arrested
in Zola. He was expected to appear in the Protea Magistrate's Court on
Friday on charges of business robbery and possession of stolen property.
www.news24.com 6 suspected robbers nabbed
September 29 2011 at 03:45pm
A high-speed chase led to the arrest of six men thought to have been
planning a robbery in Midrand on Thursday, Gauteng police said. Police were
following a Mercedes Benz sedan and a Mazda bakkie the six were travelling
in, spokesman Lieutenant-Colonel Lungelo Dlamini said. “Upon realising that
they were being followed, the suspects sped off and a chase ensued.” The
driver of the Mercedes Benz drove into open veld. Three men jumped out and
tried to run away, said Dlamini. “The driver fired shots at the police who
returned fire. He was wounded and arrested, along with two of his
accomplices.” The driver was being treated in hospital under police guard.
The three occupants of the bakkie were arrested after also abandoning their
vehicle and trying to run away. Police recovered two pistols and a revolver. The Mercedes was stolen in the North West earlier this month. The men, aged
between 31 and 51, were charged with conspiracy to rob, possession of
unlicensed firearms and possession of a suspected stolen vehicle. “The
suspects have not yet been linked to any other crimes,” Dlamini said.
www.iol.co.za Police pounce on alleged hijackers
September 29 2011 at 11:49pm
Johannesburg - A former police officer and 17 other people were arrested in
Putfontein, Benoni, on Thursday for possession of hijacked trucks valued at
R5-million, police said. Police followed leads and found the men at a plot
at around 2pm, Lieutenant Colonel Tshisikhawe Ndou said. The former
policeman is the owner of a trucking company. The men were members of a
syndicate which hijacked trucks and tampered with their chassis and engine
numbers to make them legitimate, Ndou said. They were expected to face
charges connected with possession of hijacked trucks and stolen engines.
www.iol.co.za Manhunt for Bizana robbers
2011-09-29 11:37
Mthatha - Police believe they are following good leads in their search for
an AK-47 gang that shot six policemen in Bizana in the Eastern Cape. One of
the policemen later died and the other five are critically wounded. Colonel Vishnu Naidoo said on Thursday police were following up positive leads.
Police received a tip-off on Tuesday that the local Shoprite shop in Bizana
was being robbed. When the officers arrived, a gang carrying AK-47 assault
rifles opened fire. Six police officers were wounded and Constable Manwabisi Gqamane, 25, died later in hospital. A gang member was killed in the
exchange of fire and another wounded. Police recovered a 9mm pistol and
three bags with an undisclosed amount of cash were found in a getaway
vehicle. A 38-year-old woman was arrested on Tuesday night. A bag of coins
and six firearms were recovered. Four of the firearms were stolen from the
police officers who were shot. www.news24.com Cops corner Soweto thugs
29 Sep 2011
Mfundekelwa Mkhulisi
Diepkloof resident, who lives in a house near the scene of the shooting,
said she was "grateful to God" that no one from her family had been injured. TWO alleged robbers were shot and killed in Diepkloof, Soweto, yesterday
following a high-speed car chase by the police. Gauteng police spokesman
Lieutenant Colonel Tshisikhawe Ndou said three men had allegedly robbed a
supermarket in Rosettenville, Johannesburg. "It is alleged that three
suspects driving a blue Nissan Sentra went to a local supermarket in
Rosettenville, where they took a cash box and a 9mm pistol from a security
guard," he said. Ndou said a description of the alleged robbers was given to police as well as the direction in which the men fled. "Johannesburg flying
squad spotted the vehicle on Ben Naude Street bin Diepkloof and pursued it.
At the corner of Nongoma and Ben Naude the suspects started shooting at the
police, who returned fire. Two suspects were fatally shot and the third
managed to escape," Ndou said. He said the cash box, getaway car and three
unlicensed 9mm pistols were recovered. No police officer was injured during
the shootout. "We are investigating cases of attempted murder and possession of unlicensed firearms," he said. Emily Maswanganyi, who lives in a house
near the scene of the shooting, said she was "grateful to God" that no one
from her family had been injured. "I had just given the house key to my
husband since I wanted to go to the shops when I heard gunshots," she said.
"He was in his stall, where he sells sweets on the street. I saw people
running and hid. I was scared because I have never seen something like
that." Maswanganyi said she did not know if she would be able to sleep at
night. "I am still shaking from the shock," she said. Sowetan Cop held for alleged fraud, rape
September 29 2011 at 01:40pm
A police captain was arrested in Alberton on Thursday for allegedly
defeating the ends of justice, using a state vehicle without authority,
corruption, fraud, and rape, Joburg police said. The 49-year-old was
arrested when he reported for duty at the Alberton detective offices at 8am, Lieutenant-Colonel Lungelo Dlamini said. The investigation into the crimes
started last year. The policeman was accused of falsifying statements in a
docket which was later closed when the prosecutor declined to prosecute. He
faced a charge of raping a woman, who apparently paid him to have a criminal case against her withdrawn. He was also accused of taking a bribe from a
person whose firearm had been confiscated. The officer was expected to
appear in the Alberton Magistrate's Court on Thursday. An internal
investigation was underway. He might face suspension given the seriousness
of the allegations, Dlamini said. www.iol.co.za ‘Officer failed in his duties’
September 29 2011 at 11:51am
By Kamini Padayachee
ALL that Idris Ally wanted for his son, Altaf, was for justice to be done.
However, on Wednesday he watched in disappointment as the two men accused of shooting Altaf, 13, during an armed robbery and botched hijacking, leaving
him paralysed, were acquitted in the Durban Regional Court. Altaf, of
Chatsworth, was shot in the head by a gang of fleeing robbers after they had failed to hijack police officer Ashraf Mohamed in January last year. Mohamed had been standing outside the home of his friend Shaun Naidoo at the time.
The gang robbed Mohamed of R10 000 in cash and fired at Naidoo, his brother
Darryl and mother Cathy. Thabiso Hadebe and Malusi Zulu were later arrested
and charged with two counts of robbery with aggravating circumstances, six
counts of attempted murder, pointing a firearm and for discharging a firearm in a built-up area in connection with the incident. Zulu was also charged
with illegal possession of a firearm and ammunition. The third accused,
Sanele Mkhize, died in prison earlier this year. Handing down judgment,
magistrate Siphiwe Hlophe said there were serious discrepancies in the
State’s
case which affected the credibility of its witnesses. Hlophe said some of
the contradictions included Darryl Naidoo testifying that he had seen only
two people in his yard, but identifying three people during an identity
parade. He also said that the investigating officer, Constable Njabulo
Khuzwayo, had only held an identity parade with two witnesses, instead of
all the witnesses together, prior to the case being set down for trial.
“Nine months after the incident, the statements of Altaf Ally and his
brother Azmuth were taken. Eleven months after the incident, a second
identity parade was held for other witnesses in the case to try to salvage
the State’s case. This parade was held despite the accused having appeared
in court several times in both Durban and Chatsworth. The investigating
officer failed in his duties,” said Hlophe, acquitting Hadebe and Zulu.
Shocked Speaking outside court, Ally, who attended every day of the trial,
said he was shocked and disheartened by Hlophe’s ruling. “Justice has not
been served; my son’s life has been changed forever. As a family we have had to make several lifestyle changes and it’s tough. I do not know how they
(his family) will take it, when I tell them.” He added that the police had
bungled the investigation.“ Ally added that he had discussed the possibility of the State appealing against the judgment. “I give credit to the
prosecutor (Sandile Xaba); he worked hard on this case. He has promised that he will discuss an appeal with his superiors and hopefully it will go
ahead.” - The Mercury Conman tries to steal dead man's savings
2011-09-29 21:04
Johannesburg - A man was arrested in Silverton on Thursday for allegedly
trying to access the bank account of a man who died two months ago, said
Pretoria police. The 54-year-old posed as the dead man's son, wanting to
withdraw his savings from the bank, said Captain Jan Sepato. He gave the
manager a forged death certificate and a copy of the dead man's identity
document. The manager became suspicious and called the dead account holder's family and the police. "We suspect the man is part of a fraud syndicate that has recently preyed on many people in several parts of Pretoria," Sepato
said. He was expected to face a charge of attempted fraud in the Pretoria
Magistrate's Court on Monday. www.news24.com Maintenance defaulters arrested
2011-09-29 16:37
Police arrested 44 child-maintenance defaulters in a special operation in
Western Cape in September, a spokesperson said today. Lieutenant-Colonel
Andre Traut said the defaulters owed about R628 605 in maintenance. He said
878 offenders had been identified and could expect to be approached soon
about defaulting on support for their children. Operation Isondlo was a
justice department initiative and would continue until mid-December. City
Press ‘Facebook rapist’ wanted for murder
September 29 2011 at 01:24pm
By Caryn Dolley
Police suspect a man who has become known as the “Facebook rapist” has
committed his first murder – stabbing a woman in a B&B in Milnerton. The
man, who goes by the name Thomas Bester, one of 13 aliases, has been
allegedly scamming people for seven years and recently started targeting
models. According to police, Bester’s modus operandi involves luring young
women interested in modelling and television work by claiming to be the
chief executive officer of a fake company, either BSB Investments or BSB
Media. In a “wanted” notice issued by police, it said Bester also pretended
to work for known organisations including MTV Base, Trace TV, e.tv, BET
Black Entertainment Television, Def Jam and Island Records. The notice said
Bester promised women high-paying jobs and often stole their belongings from them when meeting them. It said he stayed in B&Bs with them and left,
leaving the women to foot the bill. However, recently his actions have
become more violent. Police said the man had been operating in Gauteng,
KwaZulu-Natal and Cape Town. In the most recent incident police suspect he
is involved in, 26-year-old Nomfuno Tyulu, of Honeydew in Johannesburg, was
murdered in a Milnerton B&B. Her body was found last Wednesday with a stab
wound to the chest. That same day, a Facebook user under the name Thomas
Kelly Bester, believed to be Bester, posted this message: “Catch me if you
can. Why are people bothering me?” The Facebook profile included photographs of Bester. His victims have confirmed to police that they are photos of the
man who scammed them. On Wednesday, Lieutenant-Colonel Will Lombard of the
Durban police said it was “strongly suspected” Bester was behind Tyulu’s
murder. In other incidents Bester was linked to, a Johannesburg model was
lured to Cape Town at the start of the month, but realised who he was and
managed to escape from him in Bellville. In mid-August, Bester lured a model from Johannesburg to a Durban hotel, where he raped her and stabbed her in
the face. On Wednesday, Haden Searles, the Durban North-Umhlanga Community
Police Forum chairman, said based on records, it appeared Bester started
scamming people seven years ago. He said Bester, thought to be in his early
to mid twenties, was constantly moving between provinces. “Talk to anyone
who has had contact with him. He knows what he’s doing. How do you get a
modelling agency to send models to a shoot? His documentation, contractual
documentation, passes muster,” he said. Searles said, despite intense
investigations into Bester, personal details about him, including his actual name, were not known. “He’s a ghost to us. But he needs to know we’re on his trail. We’re not giving up. It’s just a matter of time before he puts a foot wrong,” he said. Searles said Bester recently travelled to Durban with
models from Johannesburg. The models, in two taxis, realised something was
amiss and Bester escaped before police arrived. Searles said Bester recently tried to get models from Cape Town to Durban. Jade Sham, a booker at Ice
Model Management in Cape Town, said a man identifying himself as Bester
contacted the agency twice requesting models. The first time was last year
and the second about a month ago. www.iol.co.za Sebokeng escapees rearrested
2011-09-29 07:27
Johannesburg - Two of the three men who escaped from the Sebokeng police
holding cells have been rearrested, police said on Thursday. Lieutenant
Colonel Lungelo Dlamini said Anton Americo Bila and John Luis Kumalo, were
arrested at Protea Glen on Wednesday, following leads from members of the
public. The third man, Quive Valerio was still at large. Dlamini said
internal investigation relating to the escape was being conducted. The three escaped from the police cells in Sebokeng on Monday. Bila was arrested in
connection to 37 housebreaking cases which predominantly took place at
schools where computer equipment were targeted. Kumalo has been linked to
six crime scenes and Valerio has not yet been linked to any other crimes
except a case of possession of suspected stolen property. They were arrested on September 21 in Palm Springs. During their arrest they were found in
possession of suspected stolen goods which include computer equipment, gate
motors, school soccer kit, air conditioners and cellphones. www.news24.com Two cops given bail over ATM case
29 Sep 2011
Ntwaagae Seleka
TWO Soweto policemen accused of supplying ATM bombers with ammunition
appeared briefly in the Protea magistrate's court yesterday. The two
constables, Authority Gamede and Vincent Hlubi, were each granted R2000
bail. It is alleged the officers played a role in the crime that resulted in the fatal shooting of reservist constable Busisiwe Mehlwana during an ATM
bombing at a filling station in Pimville, Soweto, on July 5. Mehlwana, 33,
who was based at Kliptown police station, was killed when she and her
colleague responded to an ATM bombing at a Total garage. Magistrate Denise
Morton had earlier ordered Gamede and Hlubi to report to the Krugersdorp
organised crime unit every Monday, Wednesday and Friday. The two were also
ordered not to leave Gauteng without informing the investigating officer.
The men are expected to appear in court again on October 27. Sowetan Trio remain in jail after cop killing
September 29 2011 at 05:52pm
Three men accused of the ambush-style murders of two Kraaifontein policemen
in May, are to remain in custody until December 15. They are in custody in
Pollsmoor Prison, and appeared in the Blue Downs District Court on Thursday
by way of a new closed-circuit TV system known as the video link. Sivuyile
Sangovana, Khangelani Twala and Olwethu Sotondoshe appeared before
magistrate Gerald Hattingh. The video link system is an experiment aimed at
minimising escapes, and is in operation at only a few courts in the country, including Wynberg in the Western Cape. From the courtroom, the accused can
be seen in an enclosed area in the prison, in the presence of prison
officials. From the prison, prisoners can see the inside of the courtroom,
including the presiding magistrate and other court officials, as well as
people in the public gallery. The proceedings are conducted as if the
prisoners were in the courtroom. If a prisoner wishes to say something to
the magistrate, the camera zooms in on him or her. The three men allegedly
shot dead Warrant Officer Gershwin Matthee and Student Constable Cannon
Cloete, when they arrived in the Wallacedene squatter settlement near
Kraaifontein to attend to a rape complaint. Sangovana and Twala were later
arrested while receiving treatment for bullet wounds - Sangovana in Groote
Schuur Hospital and Twala in Tygerberg Hospital. Sotondoshe was found in
Pollsmoor prison, where he was in custody for an unrelated matter. The
premeditated murder of a police official carries a mandatory life sentence.
The three men recently launched a combined bail application, but abandoned
it before it even got underway. www.iol.co.za Advocates 'mounted steed of greed'
2011-09-29 22:31
Pretoria - Thirteen Pretoria advocates who "mounted the steed of greed" and
milked the Road Accident Fund will have to pay back more than R15.6m of
their ill-gotten gains, the North Gauteng High Court in Pretoria heard on
Thursday. Six of the advocates were struck off the roll. The case was also
referred to the Law Society for further action against the attorneys
complicit in the conduct of the advocates. Retired Judges Kees van
Dijkhorst, Piet Combrinck and William de Villiers expressed "sorrow" about
the case and said it gave them no joy to sit in judgment on 13 senior
members of the Pretoria Bar. The advocates accepted multiple cases on the
same day (so-called double briefing) and charged a full day's fee for each
case (overreaching), a practice that had become rife in Pretoria in 2009.
"When counsel mount the steed of greed and attempt to clear the hurdle of
their professional rules their fall inevitably dents the reputation of the
profession, in this case the proud reputation of the Pretoria Bar. "We write this judgment in sorrow and lament the loss of integrity, in the past the
hallmark of the profession of advocates. "We sit in judgment on thirteen
senior members of the Bar, among them two silks, who by their action have
brought the good name of their profession into disrepute. "They are not
novices. They are experts in their particular field of litigation, which is
claims against the Road Accident Fund for damages arising from personal
injuries. "They have been at the Bar for decades, some as long as 32 years.
They were regarded as men of good standing," the judges said. The ruling
follows an application by the General Council of the Bar to strike off all
thirteen advocates. The Pretoria Bar, however, asked the court to confirm
sanctions already imposed on twelve of the advocates, including fines and
suspensions. Reading a summary of their ruling, Judge Van Dijkhorst said it
struck one as odd that the Bar Council did not require the advocates to make amends and return the ill-gotten gains, nor did the advocates offer to do
so. "One would have thought that this is basic where remorse is expressed to be present, especially where the gains far outstrip the fines imposed. "The
game of breaking the rules may never be seen to be worth the candle of
sanctions," he said. Judge Van Dijkhorst said none of the advocates could
not have been aware of the rules and specific circulars relating to multiple trial briefs. He said it appeared that despite being aware of the
wide-spread practice of multiple briefing, there was no action until
September 2009 when a senior member of the Bar laid a complaint. "Why was
the Bar Council so supine? Why did it fiddle while Rome burnt? It is hardly
surprising when some of the transgressors sat in the meetings of the Council and its committees. "But there is a deeper reason. It is the widely held
fallacy that without a specific complaint against a specific member there
can be no action. "This situation can be likened to a fire brigade which
sees towering flames and billowing smoke but stays put because nobody has
reported a fire. "We suggest that the Bar Council gets its house in order.
The rot is in the woodwork," he said. The judges struck the names of
advocates Thillay Pillay, Theunis Botha, Toy de Klerk, Percy Leopeng, Daniel Mogagabe and French Bezuidenhout off the roll and ordered them to repay the
RAF. The worst offender was Bezuidenhout, who was ordered to pay back over
R5.9m over the next year. All of them had brazenly defied the rules and
continued their unprofessional conduct even after the Bar Council called for their books. Some also "fiddled" with their hours. Advocates Brenton Geach
SC, Don Williams SC, Stef Gldenpfennig, Mark Upton, Ephraim Seima, Cassie
Jordaan and Colin van Onselen were also given a year to repay the RAF and
were given either suspended sentences or sentences suspended for up to a
further six months. www.news24.com Court ups killers' sentence to life
2011-09-29 21:04
Bloemfontein - A sentence of 15 years' imprisonment each imposed on three
Gauteng men was changed to life imprisonment by the Supreme Court of Appeal
on Thursday. The Gauteng director of public prosecutions had appealed
against the sentence. The SCA found the trial court had misdirected itself
in finding substantial and compelling circumstances for the lesser sentence. The South Gauteng High Court, sitting in Delmas, found Thulani Thusi,
Promise Mathebula and Siphiwe Ngwenya guilty of murdering Dos Santos
Andrade, 64. It also convicted Mathebula of rape. The three men broke into
Andrade's house and attacked and assaulted him when he got home. They tied
his hands, pushed a sock in his mouth and strangled him with an electric
cord. They also assaulted two women, one of whom was raped by Mathebula. The court sentenced each of them to 15 years' imprisonment for the murder.
Mathebula was also sentenced to 18 years in jail for the rape.
www.news24.com Corruption accused sent to jail
September 29 2011 at 09:38am
Kamini Padayachee
BOTH businessman Thoshan Panday and suspended police officer Navin Madhoe
looked devastated when the Durban Regional Court ordered that they be sent
to Westville prison yesterday. Madhoe and Panday, who are charged with
corruption, are accused of trying to bribe provincial Hawks head
Major-General Johan Booysen with R2 million. They had allegedly wanted
Booysen to backdate an investigation report into a R60m accommodation tender scam in which both are suspects. The State alleges that Panday, Madhoe and
other policemen were part of a syndicate that ran the scam within the police department. It is alleged that backdating the report would have helped
Panday in his bid to have search warrants used to access his bank accounts
set aside in the Durban High Court. The State says that Madhoe made the
bribery attempt at Panday’s request, with cash provided by the businessman.
Madhoe claimed in his affidavits that the allegations against him were
linked to a smear campaign to discredit provincial police commissioner
Mmamonnye Ngobeni. He added that he had been asked several times by police
officers to become a State witness and testify against Ngobeni and Panday in the tender scam case. Panday denied being part of a syndicate. Yesterday,
during Madhoe and Panday’s joint bail application, State advocate Bheki
Manyathi asked for an adjournment to prepare an affidavit opposing Panday’s
bail application. He said police management had decided that Madhoe should
be held at Westville prison to prevent him from being influenced by other
officers. Both Panday and Madhoe looked shocked by the decision to hold them at Westville prison. The men’s lawyers tried to secure cells for them at
police stations, to no avail. Magistrate Thomas Nhleko adjourned the matter
until tomorrow. The Mercury Man charged with rape, murder of ex-lover gets two life sentences
29 Sep 2011
Boitumelo Tshehle
A 27-YEAR-OLD man received two life sentences in the Mmabatho high court in
North West yesterday for murdering and raping his former girlfriend. Oganeng Mmitlwe was found guilty on charges of rape and murder and sentenced to two
life sentences. Judge Maleshane Kgwele said the sentences would run
concurrently. Sentencing Mmitlwe, Kgwele said the deceased was killed in a
brutal and inhumane way. "Being crushed with a stone shows that the accused
was disrespectful and insensitive to the victim. As if that was not enough
the accused raped her," she said. Kgwele said Mmitlwe did not show any
remorse during the investigation. "You only cooperated with the police after you saw the writing on the wall. To me you did not show remorse," she said.
On June 28 last year Mmitlwe stopped his ex-girlfriend, Mmapule Masimong,
when she was on her way to town and dragged her to a nearby park in Verdwaal village, outside Mahikeng. That was at about midday. He forced her to drink
alcohol, raped her and crushed her head with a huge rock the size of a
watermelon. Masimong's body was found next to a power station lying on her
back with her skull crushed. A postmortem showed that she had died as a
result of "head injuries". The 22-year-old mother of two was found lying
next to the power station after going missing for a night. Masimong's
mother, Johanna Masimong, said her daughter had died in a most horrible way. "I still have the flashbacks to pictures of her lying lifelessly and naked,
with her eyes removed and her brain scattered all over the place," she said. "I will never forgive him. His parents must also lose him as much as I lost
my daughter. My daughter's death has broken my heart and shattered our
lives." She said "two life sentences was too easy" for their daughter's
killer. Masimong said Mmitlwe killed her daughter intentionally. She said
before the killing her daughter had told her she had broken up with Mmitlwe
and he had threatened to kill her. "Little did I know that a week later I
would lose my daughter." Sowetan Speeding Mandela junior beats rap
September 29 2011 at 01:01pm
By OMPHITLHETSE MOOKI
Nelson Mandela’s grandson Zondwa on Wednesday got off with a slap on the
wrist for exceeding the speed limit by 92km/h – an offence that should have
cost him his licence. According to the amended National Road Traffic Act,
those exceeding the speed limit by 30km/h or more in urban areas should have their licences suspended. But the 28-year-old director of the embattled
Aurora Mine drove off from the Randburg Magistrate’s Court on Wednesday,
still in possession of his driving licence, despite being caught driving at
158km/h in a 60km/h zone on May 7. Magistrate Hombakazi Thwele provisionally withdrew the reckless and negligent driving charge, pending the finalisation of a diversion programme he has undertaken to partake in. It was impossible
to establish the nature of the programme as the docket, a public document,
was kept locked in a clerk’s office, with a woman known only as Edith
refusing to produce it as she was “in a hurry to get somewhere”. If Mandela
successfully completes the diversion programme, which could be a form of
community service, charges against him will be withdrawn permanently. Two
days after the 75th birthday of his grandmother, Winnie Madikizela-Mandela,
the man paced court corridors on Wednesday, his thumb glued to his phone.
The May 7 incident on Beyers Naudé Drive came just a month after a road
safety scholarship was launched in memory of Zondwa’s niece Zenani, who died in a car crash last year. - The Star Union: Give cops bigger guns
September 29 2011 at 07:27pm
Police need to be issued with weapons matching those of heavily armed
criminals after the murder of a policeman in Bizana, Eastern Cape, the SA
Police Union (Sapu) said on Thursday. “If you go to a war zone you have to
be equally equipped,” union spokesman Oscar Skommere said in a statement.
Constable Manwabisi Gqamane, 25, died in hospital on Wednesday from wounds
sustained in a shootout with a gang carrying AK-47 assault rifles. The
policemen responded to a robbery at a Shoprite store on Tuesday evening, and the gang opened fire when they arrived. Six police officers were wounded.
Gqamane died later in hospital. Sapu sent its condolences to Gqamane's
family and wished the injured officers a speedy recovery. On Wednesday
national police chief General Bheki Cele visited the five wounded policemen. They were in a stable but critical condition, police spokesman Colonel
Vishnu Naidoo said. Cele and provincial police chief Lt-Gen Celiwe Binta
also inspected the crime scene. A gang member was killed in the exchange of
fire and another wounded. Police recovered a 9mm pistol. Three bags with an
undisclosed amount of cash were found in a getaway vehicle. A 38-year-old
woman was arrested on Tuesday night. A bag of coins and six firearms were
recovered. Four of the firearms were stolen from the police officers who
were shot. www.iol.co.za Media can name suspects - court
2011-09-29 22:33
Andre Grobler
Bloemfontein - The publication of the name of a person suspected of criminal action and not yet arrested could be to the benefit of the public, the
Supreme Court of Appeal has found. The court made the finding in its
judgment on Wednesday, in the appeal of businessman Mogale Modiri against a
high court order which dismissed his action for defamation against Media24,
the late Daily Sun publisher Deon Du Plessis, a reporter and the police. The appeal originated from a Daily Sun article headlined "Mangaung Crime
Crackdown", which reported that the Mangaung police were on top of the crime situation in Bloemfontein. It asked Daily Sun readers to help the police
catch Modiri, who was accused of involvement in drug dealing,
cash-in-transit heists and car theft. The SCA held that the high court had
rightly found that the gist of the article was objectively true. Evidence
indicated that, for 10 years before the article was published, police
suspected Modiri of involvement in armed robberies, vehicle thefts and
drugs, and of leading a syndicate involved in these crimes. Offenders IDed
Modiri - The court also heard that actual offenders had identified Modiri as one of their leaders, but were unwilling to testify against him in court. As a result, charges against him had had to be withdrawn. A police investigator quoted in the article, denied inviting Daily Sun readers to help apprehend
Modiri. The SCA found that the allegations which had proved to be untrue in
the article were not part of the sting of the article. It said the media
were not required to prove that defamatory statements were true in every
detail. The unanimous judgment by a full Bench also held that once the media had proved that the sting of the article was true, it did not matter where
the journalist had obtained the information relied on. The court found that
the publication of the suspicion held by the police was to the benefit of
the public. Modiri could not insist on enjoying the reputation of an honest
businessman who was beyond any suspicion. The court held that the
publication of the suspicions against Modiri could have served to persuade
members of his community to come forward with potential evidence against
him, and which the police eagerly sought. The fact that the police did not
actually ask the journalist to invite public assistance did not detract from this possibility. The SCA partly upheld Modiri’s appeal with regard to
costs. www.news24.com Cops kill fewer people: ICD
September 29 2011 at 02:44pm
Deaths at the hands of the SA Police Service (SAPS) fell by seven percent to 797 between April 2010 and April this year, the Independent Complaints
Directorate (ICD) said on Thursday. ICD executive director Francois Beukman
said that of these deaths, 257 were in custody and 540 were the result of
police action, such as crime prevention. Fifty three percent of the deaths
occurred at the scene of a crime. Beukman said 860 deaths were recorded in
the previous year. He said 5869 complaints against the police were lodged
with the ICD in the year ended March 31. The ICD had made 501
recommendations for prosecution to the Directorate of Public Prosecutions.
During the same period there were about 60 convictions of police officers in court and about 90 internal disciplinary convictions. www.iol.co.za Cops on go-slow in PMB
September 29 2011 at 12:08pm
By Sharika Regchand
PIETERMARITZBURG traffic officers have embarked on a go-slow, calling for an investigation into the “state of chaos” in the Msunduzi traffic and security department. They are also demanding that a task team be set up to probe the
allegations contained in their memorandum. Their key gripe is that the
municipality had appointed an unqualified senior manager, who they said was
running the department into the ground. According to the memorandum, the
manager had been appointed to the position despite failing to meet the
advertised job requirements. The manager had also failed to provide copies
of his qualifications. “The traffic section is in a state of chaos; there is no leadership,” says the memorandum, adding that black women with degrees in traffic management had not been given the opportunity to fill the positions. The situation in public safety was apparently critical as junior employees,
who were unqualified, were acting in senior positions. “This affects service delivery as the workforce is now further depleted as there are now fewer
traffic officers on the ground… traffic safety on the roads is being
compromised,” it said. Msunduzi spokesman Brian Zuma said that city
administrator Sibusiso Sithole would look into the issues. - The Mercury
NEWS ARTICLES - 30092011
Security guard killed in ATM bombing
2011-09-29 11:30
Johannesburg - A young security guard died after being shot in the mouth as
he investigated a cash machine bombing at a shopping centre in Itsoseng on
Wednesday night, North West police said. "It is alleged that the suspects
were in the process of bombing an ATM outside one of the stores at the
complex," spokesperson Captain Tselane Nkala said on Thursday. "The suspects had already connected explosives to the ATM when the security official
arrived and approached them," Nkala said. The guard, 21, was shot through
the mouth and died on the scene at around 22:00, he said. The gang ran away
and nobody had been arrested by Thursday morning. www.news24.com Soweto man held for year-old murder
2011-09-29 10:37
Johannesburg - A 34-year-old man has been arrested for the August 2010
murder of a Jabulani hostel resident, Soweto police said on Thursday.
Warrant Officer Kay Makhubele said the man and two others shot and killed
Xolani Hadebe, 25, and then fled the scene. One man, Majagi Mabaso, was
arrested shortly after the murder but police managed to track down a second
man and arrested him in Freedom Park on Wednesday. He was expected to appear in the Protea Magistrate's Court on Friday where it is understood he will
join his co-accused Mabaso whose case is currently before the High Court in
Johannesburg. Police are still searching for the third man. In a separate
incident, police arrested a 26-year-old man who allegedly robbed a
supermarket in Zola on Wednesday. Makhubele said the man, and another one
who is still at large, pushed their way into the supermarket after the owner opened the doors around 7am. They then fled with an undisclosed amount of
money, cigarettes and cellphone airtime. One of the men was later arrested
in Zola. He was expected to appear in the Protea Magistrate's Court on
Friday on charges of business robbery and possession of stolen property.
www.news24.com 6 suspected robbers nabbed
September 29 2011 at 03:45pm
A high-speed chase led to the arrest of six men thought to have been
planning a robbery in Midrand on Thursday, Gauteng police said. Police were
following a Mercedes Benz sedan and a Mazda bakkie the six were travelling
in, spokesman Lieutenant-Colonel Lungelo Dlamini said. “Upon realising that
they were being followed, the suspects sped off and a chase ensued.” The
driver of the Mercedes Benz drove into open veld. Three men jumped out and
tried to run away, said Dlamini. “The driver fired shots at the police who
returned fire. He was wounded and arrested, along with two of his
accomplices.” The driver was being treated in hospital under police guard.
The three occupants of the bakkie were arrested after also abandoning their
vehicle and trying to run away. Police recovered two pistols and a revolver. The Mercedes was stolen in the North West earlier this month. The men, aged
between 31 and 51, were charged with conspiracy to rob, possession of
unlicensed firearms and possession of a suspected stolen vehicle. “The
suspects have not yet been linked to any other crimes,” Dlamini said.
www.iol.co.za Police pounce on alleged hijackers
September 29 2011 at 11:49pm
Johannesburg - A former police officer and 17 other people were arrested in
Putfontein, Benoni, on Thursday for possession of hijacked trucks valued at
R5-million, police said. Police followed leads and found the men at a plot
at around 2pm, Lieutenant Colonel Tshisikhawe Ndou said. The former
policeman is the owner of a trucking company. The men were members of a
syndicate which hijacked trucks and tampered with their chassis and engine
numbers to make them legitimate, Ndou said. They were expected to face
charges connected with possession of hijacked trucks and stolen engines.
www.iol.co.za Manhunt for Bizana robbers
2011-09-29 11:37
Mthatha - Police believe they are following good leads in their search for
an AK-47 gang that shot six policemen in Bizana in the Eastern Cape. One of
the policemen later died and the other five are critically wounded. Colonel Vishnu Naidoo said on Thursday police were following up positive leads.
Police received a tip-off on Tuesday that the local Shoprite shop in Bizana
was being robbed. When the officers arrived, a gang carrying AK-47 assault
rifles opened fire. Six police officers were wounded and Constable Manwabisi Gqamane, 25, died later in hospital. A gang member was killed in the
exchange of fire and another wounded. Police recovered a 9mm pistol and
three bags with an undisclosed amount of cash were found in a getaway
vehicle. A 38-year-old woman was arrested on Tuesday night. A bag of coins
and six firearms were recovered. Four of the firearms were stolen from the
police officers who were shot. www.news24.com Cops corner Soweto thugs
29 Sep 2011
Mfundekelwa Mkhulisi
Diepkloof resident, who lives in a house near the scene of the shooting,
said she was "grateful to God" that no one from her family had been injured. TWO alleged robbers were shot and killed in Diepkloof, Soweto, yesterday
following a high-speed car chase by the police. Gauteng police spokesman
Lieutenant Colonel Tshisikhawe Ndou said three men had allegedly robbed a
supermarket in Rosettenville, Johannesburg. "It is alleged that three
suspects driving a blue Nissan Sentra went to a local supermarket in
Rosettenville, where they took a cash box and a 9mm pistol from a security
guard," he said. Ndou said a description of the alleged robbers was given to police as well as the direction in which the men fled. "Johannesburg flying
squad spotted the vehicle on Ben Naude Street bin Diepkloof and pursued it.
At the corner of Nongoma and Ben Naude the suspects started shooting at the
police, who returned fire. Two suspects were fatally shot and the third
managed to escape," Ndou said. He said the cash box, getaway car and three
unlicensed 9mm pistols were recovered. No police officer was injured during
the shootout. "We are investigating cases of attempted murder and possession of unlicensed firearms," he said. Emily Maswanganyi, who lives in a house
near the scene of the shooting, said she was "grateful to God" that no one
from her family had been injured. "I had just given the house key to my
husband since I wanted to go to the shops when I heard gunshots," she said.
"He was in his stall, where he sells sweets on the street. I saw people
running and hid. I was scared because I have never seen something like
that." Maswanganyi said she did not know if she would be able to sleep at
night. "I am still shaking from the shock," she said. Sowetan Cop held for alleged fraud, rape
September 29 2011 at 01:40pm
A police captain was arrested in Alberton on Thursday for allegedly
defeating the ends of justice, using a state vehicle without authority,
corruption, fraud, and rape, Joburg police said. The 49-year-old was
arrested when he reported for duty at the Alberton detective offices at 8am, Lieutenant-Colonel Lungelo Dlamini said. The investigation into the crimes
started last year. The policeman was accused of falsifying statements in a
docket which was later closed when the prosecutor declined to prosecute. He
faced a charge of raping a woman, who apparently paid him to have a criminal case against her withdrawn. He was also accused of taking a bribe from a
person whose firearm had been confiscated. The officer was expected to
appear in the Alberton Magistrate's Court on Thursday. An internal
investigation was underway. He might face suspension given the seriousness
of the allegations, Dlamini said. www.iol.co.za ‘Officer failed in his duties’
September 29 2011 at 11:51am
By Kamini Padayachee
ALL that Idris Ally wanted for his son, Altaf, was for justice to be done.
However, on Wednesday he watched in disappointment as the two men accused of shooting Altaf, 13, during an armed robbery and botched hijacking, leaving
him paralysed, were acquitted in the Durban Regional Court. Altaf, of
Chatsworth, was shot in the head by a gang of fleeing robbers after they had failed to hijack police officer Ashraf Mohamed in January last year. Mohamed had been standing outside the home of his friend Shaun Naidoo at the time.
The gang robbed Mohamed of R10 000 in cash and fired at Naidoo, his brother
Darryl and mother Cathy. Thabiso Hadebe and Malusi Zulu were later arrested
and charged with two counts of robbery with aggravating circumstances, six
counts of attempted murder, pointing a firearm and for discharging a firearm in a built-up area in connection with the incident. Zulu was also charged
with illegal possession of a firearm and ammunition. The third accused,
Sanele Mkhize, died in prison earlier this year. Handing down judgment,
magistrate Siphiwe Hlophe said there were serious discrepancies in the
State’s
case which affected the credibility of its witnesses. Hlophe said some of
the contradictions included Darryl Naidoo testifying that he had seen only
two people in his yard, but identifying three people during an identity
parade. He also said that the investigating officer, Constable Njabulo
Khuzwayo, had only held an identity parade with two witnesses, instead of
all the witnesses together, prior to the case being set down for trial.
“Nine months after the incident, the statements of Altaf Ally and his
brother Azmuth were taken. Eleven months after the incident, a second
identity parade was held for other witnesses in the case to try to salvage
the State’s case. This parade was held despite the accused having appeared
in court several times in both Durban and Chatsworth. The investigating
officer failed in his duties,” said Hlophe, acquitting Hadebe and Zulu.
Shocked Speaking outside court, Ally, who attended every day of the trial,
said he was shocked and disheartened by Hlophe’s ruling. “Justice has not
been served; my son’s life has been changed forever. As a family we have had to make several lifestyle changes and it’s tough. I do not know how they
(his family) will take it, when I tell them.” He added that the police had
bungled the investigation.“ Ally added that he had discussed the possibility of the State appealing against the judgment. “I give credit to the
prosecutor (Sandile Xaba); he worked hard on this case. He has promised that he will discuss an appeal with his superiors and hopefully it will go
ahead.” - The Mercury Conman tries to steal dead man's savings
2011-09-29 21:04
Johannesburg - A man was arrested in Silverton on Thursday for allegedly
trying to access the bank account of a man who died two months ago, said
Pretoria police. The 54-year-old posed as the dead man's son, wanting to
withdraw his savings from the bank, said Captain Jan Sepato. He gave the
manager a forged death certificate and a copy of the dead man's identity
document. The manager became suspicious and called the dead account holder's family and the police. "We suspect the man is part of a fraud syndicate that has recently preyed on many people in several parts of Pretoria," Sepato
said. He was expected to face a charge of attempted fraud in the Pretoria
Magistrate's Court on Monday. www.news24.com Maintenance defaulters arrested
2011-09-29 16:37
Police arrested 44 child-maintenance defaulters in a special operation in
Western Cape in September, a spokesperson said today. Lieutenant-Colonel
Andre Traut said the defaulters owed about R628 605 in maintenance. He said
878 offenders had been identified and could expect to be approached soon
about defaulting on support for their children. Operation Isondlo was a
justice department initiative and would continue until mid-December. City
Press ‘Facebook rapist’ wanted for murder
September 29 2011 at 01:24pm
By Caryn Dolley
Police suspect a man who has become known as the “Facebook rapist” has
committed his first murder – stabbing a woman in a B&B in Milnerton. The
man, who goes by the name Thomas Bester, one of 13 aliases, has been
allegedly scamming people for seven years and recently started targeting
models. According to police, Bester’s modus operandi involves luring young
women interested in modelling and television work by claiming to be the
chief executive officer of a fake company, either BSB Investments or BSB
Media. In a “wanted” notice issued by police, it said Bester also pretended
to work for known organisations including MTV Base, Trace TV, e.tv, BET
Black Entertainment Television, Def Jam and Island Records. The notice said
Bester promised women high-paying jobs and often stole their belongings from them when meeting them. It said he stayed in B&Bs with them and left,
leaving the women to foot the bill. However, recently his actions have
become more violent. Police said the man had been operating in Gauteng,
KwaZulu-Natal and Cape Town. In the most recent incident police suspect he
is involved in, 26-year-old Nomfuno Tyulu, of Honeydew in Johannesburg, was
murdered in a Milnerton B&B. Her body was found last Wednesday with a stab
wound to the chest. That same day, a Facebook user under the name Thomas
Kelly Bester, believed to be Bester, posted this message: “Catch me if you
can. Why are people bothering me?” The Facebook profile included photographs of Bester. His victims have confirmed to police that they are photos of the
man who scammed them. On Wednesday, Lieutenant-Colonel Will Lombard of the
Durban police said it was “strongly suspected” Bester was behind Tyulu’s
murder. In other incidents Bester was linked to, a Johannesburg model was
lured to Cape Town at the start of the month, but realised who he was and
managed to escape from him in Bellville. In mid-August, Bester lured a model from Johannesburg to a Durban hotel, where he raped her and stabbed her in
the face. On Wednesday, Haden Searles, the Durban North-Umhlanga Community
Police Forum chairman, said based on records, it appeared Bester started
scamming people seven years ago. He said Bester, thought to be in his early
to mid twenties, was constantly moving between provinces. “Talk to anyone
who has had contact with him. He knows what he’s doing. How do you get a
modelling agency to send models to a shoot? His documentation, contractual
documentation, passes muster,” he said. Searles said, despite intense
investigations into Bester, personal details about him, including his actual name, were not known. “He’s a ghost to us. But he needs to know we’re on his trail. We’re not giving up. It’s just a matter of time before he puts a foot wrong,” he said. Searles said Bester recently travelled to Durban with
models from Johannesburg. The models, in two taxis, realised something was
amiss and Bester escaped before police arrived. Searles said Bester recently tried to get models from Cape Town to Durban. Jade Sham, a booker at Ice
Model Management in Cape Town, said a man identifying himself as Bester
contacted the agency twice requesting models. The first time was last year
and the second about a month ago. www.iol.co.za Sebokeng escapees rearrested
2011-09-29 07:27
Johannesburg - Two of the three men who escaped from the Sebokeng police
holding cells have been rearrested, police said on Thursday. Lieutenant
Colonel Lungelo Dlamini said Anton Americo Bila and John Luis Kumalo, were
arrested at Protea Glen on Wednesday, following leads from members of the
public. The third man, Quive Valerio was still at large. Dlamini said
internal investigation relating to the escape was being conducted. The three escaped from the police cells in Sebokeng on Monday. Bila was arrested in
connection to 37 housebreaking cases which predominantly took place at
schools where computer equipment were targeted. Kumalo has been linked to
six crime scenes and Valerio has not yet been linked to any other crimes
except a case of possession of suspected stolen property. They were arrested on September 21 in Palm Springs. During their arrest they were found in
possession of suspected stolen goods which include computer equipment, gate
motors, school soccer kit, air conditioners and cellphones. www.news24.com Two cops given bail over ATM case
29 Sep 2011
Ntwaagae Seleka
TWO Soweto policemen accused of supplying ATM bombers with ammunition
appeared briefly in the Protea magistrate's court yesterday. The two
constables, Authority Gamede and Vincent Hlubi, were each granted R2000
bail. It is alleged the officers played a role in the crime that resulted in the fatal shooting of reservist constable Busisiwe Mehlwana during an ATM
bombing at a filling station in Pimville, Soweto, on July 5. Mehlwana, 33,
who was based at Kliptown police station, was killed when she and her
colleague responded to an ATM bombing at a Total garage. Magistrate Denise
Morton had earlier ordered Gamede and Hlubi to report to the Krugersdorp
organised crime unit every Monday, Wednesday and Friday. The two were also
ordered not to leave Gauteng without informing the investigating officer.
The men are expected to appear in court again on October 27. Sowetan Trio remain in jail after cop killing
September 29 2011 at 05:52pm
Three men accused of the ambush-style murders of two Kraaifontein policemen
in May, are to remain in custody until December 15. They are in custody in
Pollsmoor Prison, and appeared in the Blue Downs District Court on Thursday
by way of a new closed-circuit TV system known as the video link. Sivuyile
Sangovana, Khangelani Twala and Olwethu Sotondoshe appeared before
magistrate Gerald Hattingh. The video link system is an experiment aimed at
minimising escapes, and is in operation at only a few courts in the country, including Wynberg in the Western Cape. From the courtroom, the accused can
be seen in an enclosed area in the prison, in the presence of prison
officials. From the prison, prisoners can see the inside of the courtroom,
including the presiding magistrate and other court officials, as well as
people in the public gallery. The proceedings are conducted as if the
prisoners were in the courtroom. If a prisoner wishes to say something to
the magistrate, the camera zooms in on him or her. The three men allegedly
shot dead Warrant Officer Gershwin Matthee and Student Constable Cannon
Cloete, when they arrived in the Wallacedene squatter settlement near
Kraaifontein to attend to a rape complaint. Sangovana and Twala were later
arrested while receiving treatment for bullet wounds - Sangovana in Groote
Schuur Hospital and Twala in Tygerberg Hospital. Sotondoshe was found in
Pollsmoor prison, where he was in custody for an unrelated matter. The
premeditated murder of a police official carries a mandatory life sentence.
The three men recently launched a combined bail application, but abandoned
it before it even got underway. www.iol.co.za Advocates 'mounted steed of greed'
2011-09-29 22:31
Pretoria - Thirteen Pretoria advocates who "mounted the steed of greed" and
milked the Road Accident Fund will have to pay back more than R15.6m of
their ill-gotten gains, the North Gauteng High Court in Pretoria heard on
Thursday. Six of the advocates were struck off the roll. The case was also
referred to the Law Society for further action against the attorneys
complicit in the conduct of the advocates. Retired Judges Kees van
Dijkhorst, Piet Combrinck and William de Villiers expressed "sorrow" about
the case and said it gave them no joy to sit in judgment on 13 senior
members of the Pretoria Bar. The advocates accepted multiple cases on the
same day (so-called double briefing) and charged a full day's fee for each
case (overreaching), a practice that had become rife in Pretoria in 2009.
"When counsel mount the steed of greed and attempt to clear the hurdle of
their professional rules their fall inevitably dents the reputation of the
profession, in this case the proud reputation of the Pretoria Bar. "We write this judgment in sorrow and lament the loss of integrity, in the past the
hallmark of the profession of advocates. "We sit in judgment on thirteen
senior members of the Bar, among them two silks, who by their action have
brought the good name of their profession into disrepute. "They are not
novices. They are experts in their particular field of litigation, which is
claims against the Road Accident Fund for damages arising from personal
injuries. "They have been at the Bar for decades, some as long as 32 years.
They were regarded as men of good standing," the judges said. The ruling
follows an application by the General Council of the Bar to strike off all
thirteen advocates. The Pretoria Bar, however, asked the court to confirm
sanctions already imposed on twelve of the advocates, including fines and
suspensions. Reading a summary of their ruling, Judge Van Dijkhorst said it
struck one as odd that the Bar Council did not require the advocates to make amends and return the ill-gotten gains, nor did the advocates offer to do
so. "One would have thought that this is basic where remorse is expressed to be present, especially where the gains far outstrip the fines imposed. "The
game of breaking the rules may never be seen to be worth the candle of
sanctions," he said. Judge Van Dijkhorst said none of the advocates could
not have been aware of the rules and specific circulars relating to multiple trial briefs. He said it appeared that despite being aware of the
wide-spread practice of multiple briefing, there was no action until
September 2009 when a senior member of the Bar laid a complaint. "Why was
the Bar Council so supine? Why did it fiddle while Rome burnt? It is hardly
surprising when some of the transgressors sat in the meetings of the Council and its committees. "But there is a deeper reason. It is the widely held
fallacy that without a specific complaint against a specific member there
can be no action. "This situation can be likened to a fire brigade which
sees towering flames and billowing smoke but stays put because nobody has
reported a fire. "We suggest that the Bar Council gets its house in order.
The rot is in the woodwork," he said. The judges struck the names of
advocates Thillay Pillay, Theunis Botha, Toy de Klerk, Percy Leopeng, Daniel Mogagabe and French Bezuidenhout off the roll and ordered them to repay the
RAF. The worst offender was Bezuidenhout, who was ordered to pay back over
R5.9m over the next year. All of them had brazenly defied the rules and
continued their unprofessional conduct even after the Bar Council called for their books. Some also "fiddled" with their hours. Advocates Brenton Geach
SC, Don Williams SC, Stef Gldenpfennig, Mark Upton, Ephraim Seima, Cassie
Jordaan and Colin van Onselen were also given a year to repay the RAF and
were given either suspended sentences or sentences suspended for up to a
further six months. www.news24.com Court ups killers' sentence to life
2011-09-29 21:04
Bloemfontein - A sentence of 15 years' imprisonment each imposed on three
Gauteng men was changed to life imprisonment by the Supreme Court of Appeal
on Thursday. The Gauteng director of public prosecutions had appealed
against the sentence. The SCA found the trial court had misdirected itself
in finding substantial and compelling circumstances for the lesser sentence. The South Gauteng High Court, sitting in Delmas, found Thulani Thusi,
Promise Mathebula and Siphiwe Ngwenya guilty of murdering Dos Santos
Andrade, 64. It also convicted Mathebula of rape. The three men broke into
Andrade's house and attacked and assaulted him when he got home. They tied
his hands, pushed a sock in his mouth and strangled him with an electric
cord. They also assaulted two women, one of whom was raped by Mathebula. The court sentenced each of them to 15 years' imprisonment for the murder.
Mathebula was also sentenced to 18 years in jail for the rape.
www.news24.com Corruption accused sent to jail
September 29 2011 at 09:38am
Kamini Padayachee
BOTH businessman Thoshan Panday and suspended police officer Navin Madhoe
looked devastated when the Durban Regional Court ordered that they be sent
to Westville prison yesterday. Madhoe and Panday, who are charged with
corruption, are accused of trying to bribe provincial Hawks head
Major-General Johan Booysen with R2 million. They had allegedly wanted
Booysen to backdate an investigation report into a R60m accommodation tender scam in which both are suspects. The State alleges that Panday, Madhoe and
other policemen were part of a syndicate that ran the scam within the police department. It is alleged that backdating the report would have helped
Panday in his bid to have search warrants used to access his bank accounts
set aside in the Durban High Court. The State says that Madhoe made the
bribery attempt at Panday’s request, with cash provided by the businessman.
Madhoe claimed in his affidavits that the allegations against him were
linked to a smear campaign to discredit provincial police commissioner
Mmamonnye Ngobeni. He added that he had been asked several times by police
officers to become a State witness and testify against Ngobeni and Panday in the tender scam case. Panday denied being part of a syndicate. Yesterday,
during Madhoe and Panday’s joint bail application, State advocate Bheki
Manyathi asked for an adjournment to prepare an affidavit opposing Panday’s
bail application. He said police management had decided that Madhoe should
be held at Westville prison to prevent him from being influenced by other
officers. Both Panday and Madhoe looked shocked by the decision to hold them at Westville prison. The men’s lawyers tried to secure cells for them at
police stations, to no avail. Magistrate Thomas Nhleko adjourned the matter
until tomorrow. The Mercury Man charged with rape, murder of ex-lover gets two life sentences
29 Sep 2011
Boitumelo Tshehle
A 27-YEAR-OLD man received two life sentences in the Mmabatho high court in
North West yesterday for murdering and raping his former girlfriend. Oganeng Mmitlwe was found guilty on charges of rape and murder and sentenced to two
life sentences. Judge Maleshane Kgwele said the sentences would run
concurrently. Sentencing Mmitlwe, Kgwele said the deceased was killed in a
brutal and inhumane way. "Being crushed with a stone shows that the accused
was disrespectful and insensitive to the victim. As if that was not enough
the accused raped her," she said. Kgwele said Mmitlwe did not show any
remorse during the investigation. "You only cooperated with the police after you saw the writing on the wall. To me you did not show remorse," she said.
On June 28 last year Mmitlwe stopped his ex-girlfriend, Mmapule Masimong,
when she was on her way to town and dragged her to a nearby park in Verdwaal village, outside Mahikeng. That was at about midday. He forced her to drink
alcohol, raped her and crushed her head with a huge rock the size of a
watermelon. Masimong's body was found next to a power station lying on her
back with her skull crushed. A postmortem showed that she had died as a
result of "head injuries". The 22-year-old mother of two was found lying
next to the power station after going missing for a night. Masimong's
mother, Johanna Masimong, said her daughter had died in a most horrible way. "I still have the flashbacks to pictures of her lying lifelessly and naked,
with her eyes removed and her brain scattered all over the place," she said. "I will never forgive him. His parents must also lose him as much as I lost
my daughter. My daughter's death has broken my heart and shattered our
lives." She said "two life sentences was too easy" for their daughter's
killer. Masimong said Mmitlwe killed her daughter intentionally. She said
before the killing her daughter had told her she had broken up with Mmitlwe
and he had threatened to kill her. "Little did I know that a week later I
would lose my daughter." Sowetan Speeding Mandela junior beats rap
September 29 2011 at 01:01pm
By OMPHITLHETSE MOOKI
Nelson Mandela’s grandson Zondwa on Wednesday got off with a slap on the
wrist for exceeding the speed limit by 92km/h – an offence that should have
cost him his licence. According to the amended National Road Traffic Act,
those exceeding the speed limit by 30km/h or more in urban areas should have their licences suspended. But the 28-year-old director of the embattled
Aurora Mine drove off from the Randburg Magistrate’s Court on Wednesday,
still in possession of his driving licence, despite being caught driving at
158km/h in a 60km/h zone on May 7. Magistrate Hombakazi Thwele provisionally withdrew the reckless and negligent driving charge, pending the finalisation of a diversion programme he has undertaken to partake in. It was impossible
to establish the nature of the programme as the docket, a public document,
was kept locked in a clerk’s office, with a woman known only as Edith
refusing to produce it as she was “in a hurry to get somewhere”. If Mandela
successfully completes the diversion programme, which could be a form of
community service, charges against him will be withdrawn permanently. Two
days after the 75th birthday of his grandmother, Winnie Madikizela-Mandela,
the man paced court corridors on Wednesday, his thumb glued to his phone.
The May 7 incident on Beyers Naudé Drive came just a month after a road
safety scholarship was launched in memory of Zondwa’s niece Zenani, who died in a car crash last year. - The Star Union: Give cops bigger guns
September 29 2011 at 07:27pm
Police need to be issued with weapons matching those of heavily armed
criminals after the murder of a policeman in Bizana, Eastern Cape, the SA
Police Union (Sapu) said on Thursday. “If you go to a war zone you have to
be equally equipped,” union spokesman Oscar Skommere said in a statement.
Constable Manwabisi Gqamane, 25, died in hospital on Wednesday from wounds
sustained in a shootout with a gang carrying AK-47 assault rifles. The
policemen responded to a robbery at a Shoprite store on Tuesday evening, and the gang opened fire when they arrived. Six police officers were wounded.
Gqamane died later in hospital. Sapu sent its condolences to Gqamane's
family and wished the injured officers a speedy recovery. On Wednesday
national police chief General Bheki Cele visited the five wounded policemen. They were in a stable but critical condition, police spokesman Colonel
Vishnu Naidoo said. Cele and provincial police chief Lt-Gen Celiwe Binta
also inspected the crime scene. A gang member was killed in the exchange of
fire and another wounded. Police recovered a 9mm pistol. Three bags with an
undisclosed amount of cash were found in a getaway vehicle. A 38-year-old
woman was arrested on Tuesday night. A bag of coins and six firearms were
recovered. Four of the firearms were stolen from the police officers who
were shot. www.iol.co.za Media can name suspects - court
2011-09-29 22:33
Andre Grobler
Bloemfontein - The publication of the name of a person suspected of criminal action and not yet arrested could be to the benefit of the public, the
Supreme Court of Appeal has found. The court made the finding in its
judgment on Wednesday, in the appeal of businessman Mogale Modiri against a
high court order which dismissed his action for defamation against Media24,
the late Daily Sun publisher Deon Du Plessis, a reporter and the police. The appeal originated from a Daily Sun article headlined "Mangaung Crime
Crackdown", which reported that the Mangaung police were on top of the crime situation in Bloemfontein. It asked Daily Sun readers to help the police
catch Modiri, who was accused of involvement in drug dealing,
cash-in-transit heists and car theft. The SCA held that the high court had
rightly found that the gist of the article was objectively true. Evidence
indicated that, for 10 years before the article was published, police
suspected Modiri of involvement in armed robberies, vehicle thefts and
drugs, and of leading a syndicate involved in these crimes. Offenders IDed
Modiri - The court also heard that actual offenders had identified Modiri as one of their leaders, but were unwilling to testify against him in court. As a result, charges against him had had to be withdrawn. A police investigator quoted in the article, denied inviting Daily Sun readers to help apprehend
Modiri. The SCA found that the allegations which had proved to be untrue in
the article were not part of the sting of the article. It said the media
were not required to prove that defamatory statements were true in every
detail. The unanimous judgment by a full Bench also held that once the media had proved that the sting of the article was true, it did not matter where
the journalist had obtained the information relied on. The court found that
the publication of the suspicion held by the police was to the benefit of
the public. Modiri could not insist on enjoying the reputation of an honest
businessman who was beyond any suspicion. The court held that the
publication of the suspicions against Modiri could have served to persuade
members of his community to come forward with potential evidence against
him, and which the police eagerly sought. The fact that the police did not
actually ask the journalist to invite public assistance did not detract from this possibility. The SCA partly upheld Modiri’s appeal with regard to
costs. www.news24.com Cops kill fewer people: ICD
September 29 2011 at 02:44pm
Deaths at the hands of the SA Police Service (SAPS) fell by seven percent to 797 between April 2010 and April this year, the Independent Complaints
Directorate (ICD) said on Thursday. ICD executive director Francois Beukman
said that of these deaths, 257 were in custody and 540 were the result of
police action, such as crime prevention. Fifty three percent of the deaths
occurred at the scene of a crime. Beukman said 860 deaths were recorded in
the previous year. He said 5869 complaints against the police were lodged
with the ICD in the year ended March 31. The ICD had made 501
recommendations for prosecution to the Directorate of Public Prosecutions.
During the same period there were about 60 convictions of police officers in court and about 90 internal disciplinary convictions. www.iol.co.za Cops on go-slow in PMB
September 29 2011 at 12:08pm
By Sharika Regchand
PIETERMARITZBURG traffic officers have embarked on a go-slow, calling for an investigation into the “state of chaos” in the Msunduzi traffic and security department. They are also demanding that a task team be set up to probe the
allegations contained in their memorandum. Their key gripe is that the
municipality had appointed an unqualified senior manager, who they said was
running the department into the ground. According to the memorandum, the
manager had been appointed to the position despite failing to meet the
advertised job requirements. The manager had also failed to provide copies
of his qualifications. “The traffic section is in a state of chaos; there is no leadership,” says the memorandum, adding that black women with degrees in traffic management had not been given the opportunity to fill the positions. The situation in public safety was apparently critical as junior employees,
who were unqualified, were acting in senior positions. “This affects service delivery as the workforce is now further depleted as there are now fewer
traffic officers on the ground… traffic safety on the roads is being
compromised,” it said. Msunduzi spokesman Brian Zuma said that city
administrator Sibusiso Sithole would look into the issues. - The Mercury
2011-09-29 11:30
Johannesburg - A young security guard died after being shot in the mouth as
he investigated a cash machine bombing at a shopping centre in Itsoseng on
Wednesday night, North West police said. "It is alleged that the suspects
were in the process of bombing an ATM outside one of the stores at the
complex," spokesperson Captain Tselane Nkala said on Thursday. "The suspects had already connected explosives to the ATM when the security official
arrived and approached them," Nkala said. The guard, 21, was shot through
the mouth and died on the scene at around 22:00, he said. The gang ran away
and nobody had been arrested by Thursday morning. www.news24.com Soweto man held for year-old murder
2011-09-29 10:37
Johannesburg - A 34-year-old man has been arrested for the August 2010
murder of a Jabulani hostel resident, Soweto police said on Thursday.
Warrant Officer Kay Makhubele said the man and two others shot and killed
Xolani Hadebe, 25, and then fled the scene. One man, Majagi Mabaso, was
arrested shortly after the murder but police managed to track down a second
man and arrested him in Freedom Park on Wednesday. He was expected to appear in the Protea Magistrate's Court on Friday where it is understood he will
join his co-accused Mabaso whose case is currently before the High Court in
Johannesburg. Police are still searching for the third man. In a separate
incident, police arrested a 26-year-old man who allegedly robbed a
supermarket in Zola on Wednesday. Makhubele said the man, and another one
who is still at large, pushed their way into the supermarket after the owner opened the doors around 7am. They then fled with an undisclosed amount of
money, cigarettes and cellphone airtime. One of the men was later arrested
in Zola. He was expected to appear in the Protea Magistrate's Court on
Friday on charges of business robbery and possession of stolen property.
www.news24.com 6 suspected robbers nabbed
September 29 2011 at 03:45pm
A high-speed chase led to the arrest of six men thought to have been
planning a robbery in Midrand on Thursday, Gauteng police said. Police were
following a Mercedes Benz sedan and a Mazda bakkie the six were travelling
in, spokesman Lieutenant-Colonel Lungelo Dlamini said. “Upon realising that
they were being followed, the suspects sped off and a chase ensued.” The
driver of the Mercedes Benz drove into open veld. Three men jumped out and
tried to run away, said Dlamini. “The driver fired shots at the police who
returned fire. He was wounded and arrested, along with two of his
accomplices.” The driver was being treated in hospital under police guard.
The three occupants of the bakkie were arrested after also abandoning their
vehicle and trying to run away. Police recovered two pistols and a revolver. The Mercedes was stolen in the North West earlier this month. The men, aged
between 31 and 51, were charged with conspiracy to rob, possession of
unlicensed firearms and possession of a suspected stolen vehicle. “The
suspects have not yet been linked to any other crimes,” Dlamini said.
www.iol.co.za Police pounce on alleged hijackers
September 29 2011 at 11:49pm
Johannesburg - A former police officer and 17 other people were arrested in
Putfontein, Benoni, on Thursday for possession of hijacked trucks valued at
R5-million, police said. Police followed leads and found the men at a plot
at around 2pm, Lieutenant Colonel Tshisikhawe Ndou said. The former
policeman is the owner of a trucking company. The men were members of a
syndicate which hijacked trucks and tampered with their chassis and engine
numbers to make them legitimate, Ndou said. They were expected to face
charges connected with possession of hijacked trucks and stolen engines.
www.iol.co.za Manhunt for Bizana robbers
2011-09-29 11:37
Mthatha - Police believe they are following good leads in their search for
an AK-47 gang that shot six policemen in Bizana in the Eastern Cape. One of
the policemen later died and the other five are critically wounded. Colonel Vishnu Naidoo said on Thursday police were following up positive leads.
Police received a tip-off on Tuesday that the local Shoprite shop in Bizana
was being robbed. When the officers arrived, a gang carrying AK-47 assault
rifles opened fire. Six police officers were wounded and Constable Manwabisi Gqamane, 25, died later in hospital. A gang member was killed in the
exchange of fire and another wounded. Police recovered a 9mm pistol and
three bags with an undisclosed amount of cash were found in a getaway
vehicle. A 38-year-old woman was arrested on Tuesday night. A bag of coins
and six firearms were recovered. Four of the firearms were stolen from the
police officers who were shot. www.news24.com Cops corner Soweto thugs
29 Sep 2011
Mfundekelwa Mkhulisi
Diepkloof resident, who lives in a house near the scene of the shooting,
said she was "grateful to God" that no one from her family had been injured. TWO alleged robbers were shot and killed in Diepkloof, Soweto, yesterday
following a high-speed car chase by the police. Gauteng police spokesman
Lieutenant Colonel Tshisikhawe Ndou said three men had allegedly robbed a
supermarket in Rosettenville, Johannesburg. "It is alleged that three
suspects driving a blue Nissan Sentra went to a local supermarket in
Rosettenville, where they took a cash box and a 9mm pistol from a security
guard," he said. Ndou said a description of the alleged robbers was given to police as well as the direction in which the men fled. "Johannesburg flying
squad spotted the vehicle on Ben Naude Street bin Diepkloof and pursued it.
At the corner of Nongoma and Ben Naude the suspects started shooting at the
police, who returned fire. Two suspects were fatally shot and the third
managed to escape," Ndou said. He said the cash box, getaway car and three
unlicensed 9mm pistols were recovered. No police officer was injured during
the shootout. "We are investigating cases of attempted murder and possession of unlicensed firearms," he said. Emily Maswanganyi, who lives in a house
near the scene of the shooting, said she was "grateful to God" that no one
from her family had been injured. "I had just given the house key to my
husband since I wanted to go to the shops when I heard gunshots," she said.
"He was in his stall, where he sells sweets on the street. I saw people
running and hid. I was scared because I have never seen something like
that." Maswanganyi said she did not know if she would be able to sleep at
night. "I am still shaking from the shock," she said. Sowetan Cop held for alleged fraud, rape
September 29 2011 at 01:40pm
A police captain was arrested in Alberton on Thursday for allegedly
defeating the ends of justice, using a state vehicle without authority,
corruption, fraud, and rape, Joburg police said. The 49-year-old was
arrested when he reported for duty at the Alberton detective offices at 8am, Lieutenant-Colonel Lungelo Dlamini said. The investigation into the crimes
started last year. The policeman was accused of falsifying statements in a
docket which was later closed when the prosecutor declined to prosecute. He
faced a charge of raping a woman, who apparently paid him to have a criminal case against her withdrawn. He was also accused of taking a bribe from a
person whose firearm had been confiscated. The officer was expected to
appear in the Alberton Magistrate's Court on Thursday. An internal
investigation was underway. He might face suspension given the seriousness
of the allegations, Dlamini said. www.iol.co.za ‘Officer failed in his duties’
September 29 2011 at 11:51am
By Kamini Padayachee
ALL that Idris Ally wanted for his son, Altaf, was for justice to be done.
However, on Wednesday he watched in disappointment as the two men accused of shooting Altaf, 13, during an armed robbery and botched hijacking, leaving
him paralysed, were acquitted in the Durban Regional Court. Altaf, of
Chatsworth, was shot in the head by a gang of fleeing robbers after they had failed to hijack police officer Ashraf Mohamed in January last year. Mohamed had been standing outside the home of his friend Shaun Naidoo at the time.
The gang robbed Mohamed of R10 000 in cash and fired at Naidoo, his brother
Darryl and mother Cathy. Thabiso Hadebe and Malusi Zulu were later arrested
and charged with two counts of robbery with aggravating circumstances, six
counts of attempted murder, pointing a firearm and for discharging a firearm in a built-up area in connection with the incident. Zulu was also charged
with illegal possession of a firearm and ammunition. The third accused,
Sanele Mkhize, died in prison earlier this year. Handing down judgment,
magistrate Siphiwe Hlophe said there were serious discrepancies in the
State’s
case which affected the credibility of its witnesses. Hlophe said some of
the contradictions included Darryl Naidoo testifying that he had seen only
two people in his yard, but identifying three people during an identity
parade. He also said that the investigating officer, Constable Njabulo
Khuzwayo, had only held an identity parade with two witnesses, instead of
all the witnesses together, prior to the case being set down for trial.
“Nine months after the incident, the statements of Altaf Ally and his
brother Azmuth were taken. Eleven months after the incident, a second
identity parade was held for other witnesses in the case to try to salvage
the State’s case. This parade was held despite the accused having appeared
in court several times in both Durban and Chatsworth. The investigating
officer failed in his duties,” said Hlophe, acquitting Hadebe and Zulu.
Shocked Speaking outside court, Ally, who attended every day of the trial,
said he was shocked and disheartened by Hlophe’s ruling. “Justice has not
been served; my son’s life has been changed forever. As a family we have had to make several lifestyle changes and it’s tough. I do not know how they
(his family) will take it, when I tell them.” He added that the police had
bungled the investigation.“ Ally added that he had discussed the possibility of the State appealing against the judgment. “I give credit to the
prosecutor (Sandile Xaba); he worked hard on this case. He has promised that he will discuss an appeal with his superiors and hopefully it will go
ahead.” - The Mercury Conman tries to steal dead man's savings
2011-09-29 21:04
Johannesburg - A man was arrested in Silverton on Thursday for allegedly
trying to access the bank account of a man who died two months ago, said
Pretoria police. The 54-year-old posed as the dead man's son, wanting to
withdraw his savings from the bank, said Captain Jan Sepato. He gave the
manager a forged death certificate and a copy of the dead man's identity
document. The manager became suspicious and called the dead account holder's family and the police. "We suspect the man is part of a fraud syndicate that has recently preyed on many people in several parts of Pretoria," Sepato
said. He was expected to face a charge of attempted fraud in the Pretoria
Magistrate's Court on Monday. www.news24.com Maintenance defaulters arrested
2011-09-29 16:37
Police arrested 44 child-maintenance defaulters in a special operation in
Western Cape in September, a spokesperson said today. Lieutenant-Colonel
Andre Traut said the defaulters owed about R628 605 in maintenance. He said
878 offenders had been identified and could expect to be approached soon
about defaulting on support for their children. Operation Isondlo was a
justice department initiative and would continue until mid-December. City
Press ‘Facebook rapist’ wanted for murder
September 29 2011 at 01:24pm
By Caryn Dolley
Police suspect a man who has become known as the “Facebook rapist” has
committed his first murder – stabbing a woman in a B&B in Milnerton. The
man, who goes by the name Thomas Bester, one of 13 aliases, has been
allegedly scamming people for seven years and recently started targeting
models. According to police, Bester’s modus operandi involves luring young
women interested in modelling and television work by claiming to be the
chief executive officer of a fake company, either BSB Investments or BSB
Media. In a “wanted” notice issued by police, it said Bester also pretended
to work for known organisations including MTV Base, Trace TV, e.tv, BET
Black Entertainment Television, Def Jam and Island Records. The notice said
Bester promised women high-paying jobs and often stole their belongings from them when meeting them. It said he stayed in B&Bs with them and left,
leaving the women to foot the bill. However, recently his actions have
become more violent. Police said the man had been operating in Gauteng,
KwaZulu-Natal and Cape Town. In the most recent incident police suspect he
is involved in, 26-year-old Nomfuno Tyulu, of Honeydew in Johannesburg, was
murdered in a Milnerton B&B. Her body was found last Wednesday with a stab
wound to the chest. That same day, a Facebook user under the name Thomas
Kelly Bester, believed to be Bester, posted this message: “Catch me if you
can. Why are people bothering me?” The Facebook profile included photographs of Bester. His victims have confirmed to police that they are photos of the
man who scammed them. On Wednesday, Lieutenant-Colonel Will Lombard of the
Durban police said it was “strongly suspected” Bester was behind Tyulu’s
murder. In other incidents Bester was linked to, a Johannesburg model was
lured to Cape Town at the start of the month, but realised who he was and
managed to escape from him in Bellville. In mid-August, Bester lured a model from Johannesburg to a Durban hotel, where he raped her and stabbed her in
the face. On Wednesday, Haden Searles, the Durban North-Umhlanga Community
Police Forum chairman, said based on records, it appeared Bester started
scamming people seven years ago. He said Bester, thought to be in his early
to mid twenties, was constantly moving between provinces. “Talk to anyone
who has had contact with him. He knows what he’s doing. How do you get a
modelling agency to send models to a shoot? His documentation, contractual
documentation, passes muster,” he said. Searles said, despite intense
investigations into Bester, personal details about him, including his actual name, were not known. “He’s a ghost to us. But he needs to know we’re on his trail. We’re not giving up. It’s just a matter of time before he puts a foot wrong,” he said. Searles said Bester recently travelled to Durban with
models from Johannesburg. The models, in two taxis, realised something was
amiss and Bester escaped before police arrived. Searles said Bester recently tried to get models from Cape Town to Durban. Jade Sham, a booker at Ice
Model Management in Cape Town, said a man identifying himself as Bester
contacted the agency twice requesting models. The first time was last year
and the second about a month ago. www.iol.co.za Sebokeng escapees rearrested
2011-09-29 07:27
Johannesburg - Two of the three men who escaped from the Sebokeng police
holding cells have been rearrested, police said on Thursday. Lieutenant
Colonel Lungelo Dlamini said Anton Americo Bila and John Luis Kumalo, were
arrested at Protea Glen on Wednesday, following leads from members of the
public. The third man, Quive Valerio was still at large. Dlamini said
internal investigation relating to the escape was being conducted. The three escaped from the police cells in Sebokeng on Monday. Bila was arrested in
connection to 37 housebreaking cases which predominantly took place at
schools where computer equipment were targeted. Kumalo has been linked to
six crime scenes and Valerio has not yet been linked to any other crimes
except a case of possession of suspected stolen property. They were arrested on September 21 in Palm Springs. During their arrest they were found in
possession of suspected stolen goods which include computer equipment, gate
motors, school soccer kit, air conditioners and cellphones. www.news24.com Two cops given bail over ATM case
29 Sep 2011
Ntwaagae Seleka
TWO Soweto policemen accused of supplying ATM bombers with ammunition
appeared briefly in the Protea magistrate's court yesterday. The two
constables, Authority Gamede and Vincent Hlubi, were each granted R2000
bail. It is alleged the officers played a role in the crime that resulted in the fatal shooting of reservist constable Busisiwe Mehlwana during an ATM
bombing at a filling station in Pimville, Soweto, on July 5. Mehlwana, 33,
who was based at Kliptown police station, was killed when she and her
colleague responded to an ATM bombing at a Total garage. Magistrate Denise
Morton had earlier ordered Gamede and Hlubi to report to the Krugersdorp
organised crime unit every Monday, Wednesday and Friday. The two were also
ordered not to leave Gauteng without informing the investigating officer.
The men are expected to appear in court again on October 27. Sowetan Trio remain in jail after cop killing
September 29 2011 at 05:52pm
Three men accused of the ambush-style murders of two Kraaifontein policemen
in May, are to remain in custody until December 15. They are in custody in
Pollsmoor Prison, and appeared in the Blue Downs District Court on Thursday
by way of a new closed-circuit TV system known as the video link. Sivuyile
Sangovana, Khangelani Twala and Olwethu Sotondoshe appeared before
magistrate Gerald Hattingh. The video link system is an experiment aimed at
minimising escapes, and is in operation at only a few courts in the country, including Wynberg in the Western Cape. From the courtroom, the accused can
be seen in an enclosed area in the prison, in the presence of prison
officials. From the prison, prisoners can see the inside of the courtroom,
including the presiding magistrate and other court officials, as well as
people in the public gallery. The proceedings are conducted as if the
prisoners were in the courtroom. If a prisoner wishes to say something to
the magistrate, the camera zooms in on him or her. The three men allegedly
shot dead Warrant Officer Gershwin Matthee and Student Constable Cannon
Cloete, when they arrived in the Wallacedene squatter settlement near
Kraaifontein to attend to a rape complaint. Sangovana and Twala were later
arrested while receiving treatment for bullet wounds - Sangovana in Groote
Schuur Hospital and Twala in Tygerberg Hospital. Sotondoshe was found in
Pollsmoor prison, where he was in custody for an unrelated matter. The
premeditated murder of a police official carries a mandatory life sentence.
The three men recently launched a combined bail application, but abandoned
it before it even got underway. www.iol.co.za Advocates 'mounted steed of greed'
2011-09-29 22:31
Pretoria - Thirteen Pretoria advocates who "mounted the steed of greed" and
milked the Road Accident Fund will have to pay back more than R15.6m of
their ill-gotten gains, the North Gauteng High Court in Pretoria heard on
Thursday. Six of the advocates were struck off the roll. The case was also
referred to the Law Society for further action against the attorneys
complicit in the conduct of the advocates. Retired Judges Kees van
Dijkhorst, Piet Combrinck and William de Villiers expressed "sorrow" about
the case and said it gave them no joy to sit in judgment on 13 senior
members of the Pretoria Bar. The advocates accepted multiple cases on the
same day (so-called double briefing) and charged a full day's fee for each
case (overreaching), a practice that had become rife in Pretoria in 2009.
"When counsel mount the steed of greed and attempt to clear the hurdle of
their professional rules their fall inevitably dents the reputation of the
profession, in this case the proud reputation of the Pretoria Bar. "We write this judgment in sorrow and lament the loss of integrity, in the past the
hallmark of the profession of advocates. "We sit in judgment on thirteen
senior members of the Bar, among them two silks, who by their action have
brought the good name of their profession into disrepute. "They are not
novices. They are experts in their particular field of litigation, which is
claims against the Road Accident Fund for damages arising from personal
injuries. "They have been at the Bar for decades, some as long as 32 years.
They were regarded as men of good standing," the judges said. The ruling
follows an application by the General Council of the Bar to strike off all
thirteen advocates. The Pretoria Bar, however, asked the court to confirm
sanctions already imposed on twelve of the advocates, including fines and
suspensions. Reading a summary of their ruling, Judge Van Dijkhorst said it
struck one as odd that the Bar Council did not require the advocates to make amends and return the ill-gotten gains, nor did the advocates offer to do
so. "One would have thought that this is basic where remorse is expressed to be present, especially where the gains far outstrip the fines imposed. "The
game of breaking the rules may never be seen to be worth the candle of
sanctions," he said. Judge Van Dijkhorst said none of the advocates could
not have been aware of the rules and specific circulars relating to multiple trial briefs. He said it appeared that despite being aware of the
wide-spread practice of multiple briefing, there was no action until
September 2009 when a senior member of the Bar laid a complaint. "Why was
the Bar Council so supine? Why did it fiddle while Rome burnt? It is hardly
surprising when some of the transgressors sat in the meetings of the Council and its committees. "But there is a deeper reason. It is the widely held
fallacy that without a specific complaint against a specific member there
can be no action. "This situation can be likened to a fire brigade which
sees towering flames and billowing smoke but stays put because nobody has
reported a fire. "We suggest that the Bar Council gets its house in order.
The rot is in the woodwork," he said. The judges struck the names of
advocates Thillay Pillay, Theunis Botha, Toy de Klerk, Percy Leopeng, Daniel Mogagabe and French Bezuidenhout off the roll and ordered them to repay the
RAF. The worst offender was Bezuidenhout, who was ordered to pay back over
R5.9m over the next year. All of them had brazenly defied the rules and
continued their unprofessional conduct even after the Bar Council called for their books. Some also "fiddled" with their hours. Advocates Brenton Geach
SC, Don Williams SC, Stef Gldenpfennig, Mark Upton, Ephraim Seima, Cassie
Jordaan and Colin van Onselen were also given a year to repay the RAF and
were given either suspended sentences or sentences suspended for up to a
further six months. www.news24.com Court ups killers' sentence to life
2011-09-29 21:04
Bloemfontein - A sentence of 15 years' imprisonment each imposed on three
Gauteng men was changed to life imprisonment by the Supreme Court of Appeal
on Thursday. The Gauteng director of public prosecutions had appealed
against the sentence. The SCA found the trial court had misdirected itself
in finding substantial and compelling circumstances for the lesser sentence. The South Gauteng High Court, sitting in Delmas, found Thulani Thusi,
Promise Mathebula and Siphiwe Ngwenya guilty of murdering Dos Santos
Andrade, 64. It also convicted Mathebula of rape. The three men broke into
Andrade's house and attacked and assaulted him when he got home. They tied
his hands, pushed a sock in his mouth and strangled him with an electric
cord. They also assaulted two women, one of whom was raped by Mathebula. The court sentenced each of them to 15 years' imprisonment for the murder.
Mathebula was also sentenced to 18 years in jail for the rape.
www.news24.com Corruption accused sent to jail
September 29 2011 at 09:38am
Kamini Padayachee
BOTH businessman Thoshan Panday and suspended police officer Navin Madhoe
looked devastated when the Durban Regional Court ordered that they be sent
to Westville prison yesterday. Madhoe and Panday, who are charged with
corruption, are accused of trying to bribe provincial Hawks head
Major-General Johan Booysen with R2 million. They had allegedly wanted
Booysen to backdate an investigation report into a R60m accommodation tender scam in which both are suspects. The State alleges that Panday, Madhoe and
other policemen were part of a syndicate that ran the scam within the police department. It is alleged that backdating the report would have helped
Panday in his bid to have search warrants used to access his bank accounts
set aside in the Durban High Court. The State says that Madhoe made the
bribery attempt at Panday’s request, with cash provided by the businessman.
Madhoe claimed in his affidavits that the allegations against him were
linked to a smear campaign to discredit provincial police commissioner
Mmamonnye Ngobeni. He added that he had been asked several times by police
officers to become a State witness and testify against Ngobeni and Panday in the tender scam case. Panday denied being part of a syndicate. Yesterday,
during Madhoe and Panday’s joint bail application, State advocate Bheki
Manyathi asked for an adjournment to prepare an affidavit opposing Panday’s
bail application. He said police management had decided that Madhoe should
be held at Westville prison to prevent him from being influenced by other
officers. Both Panday and Madhoe looked shocked by the decision to hold them at Westville prison. The men’s lawyers tried to secure cells for them at
police stations, to no avail. Magistrate Thomas Nhleko adjourned the matter
until tomorrow. The Mercury Man charged with rape, murder of ex-lover gets two life sentences
29 Sep 2011
Boitumelo Tshehle
A 27-YEAR-OLD man received two life sentences in the Mmabatho high court in
North West yesterday for murdering and raping his former girlfriend. Oganeng Mmitlwe was found guilty on charges of rape and murder and sentenced to two
life sentences. Judge Maleshane Kgwele said the sentences would run
concurrently. Sentencing Mmitlwe, Kgwele said the deceased was killed in a
brutal and inhumane way. "Being crushed with a stone shows that the accused
was disrespectful and insensitive to the victim. As if that was not enough
the accused raped her," she said. Kgwele said Mmitlwe did not show any
remorse during the investigation. "You only cooperated with the police after you saw the writing on the wall. To me you did not show remorse," she said.
On June 28 last year Mmitlwe stopped his ex-girlfriend, Mmapule Masimong,
when she was on her way to town and dragged her to a nearby park in Verdwaal village, outside Mahikeng. That was at about midday. He forced her to drink
alcohol, raped her and crushed her head with a huge rock the size of a
watermelon. Masimong's body was found next to a power station lying on her
back with her skull crushed. A postmortem showed that she had died as a
result of "head injuries". The 22-year-old mother of two was found lying
next to the power station after going missing for a night. Masimong's
mother, Johanna Masimong, said her daughter had died in a most horrible way. "I still have the flashbacks to pictures of her lying lifelessly and naked,
with her eyes removed and her brain scattered all over the place," she said. "I will never forgive him. His parents must also lose him as much as I lost
my daughter. My daughter's death has broken my heart and shattered our
lives." She said "two life sentences was too easy" for their daughter's
killer. Masimong said Mmitlwe killed her daughter intentionally. She said
before the killing her daughter had told her she had broken up with Mmitlwe
and he had threatened to kill her. "Little did I know that a week later I
would lose my daughter." Sowetan Speeding Mandela junior beats rap
September 29 2011 at 01:01pm
By OMPHITLHETSE MOOKI
Nelson Mandela’s grandson Zondwa on Wednesday got off with a slap on the
wrist for exceeding the speed limit by 92km/h – an offence that should have
cost him his licence. According to the amended National Road Traffic Act,
those exceeding the speed limit by 30km/h or more in urban areas should have their licences suspended. But the 28-year-old director of the embattled
Aurora Mine drove off from the Randburg Magistrate’s Court on Wednesday,
still in possession of his driving licence, despite being caught driving at
158km/h in a 60km/h zone on May 7. Magistrate Hombakazi Thwele provisionally withdrew the reckless and negligent driving charge, pending the finalisation of a diversion programme he has undertaken to partake in. It was impossible
to establish the nature of the programme as the docket, a public document,
was kept locked in a clerk’s office, with a woman known only as Edith
refusing to produce it as she was “in a hurry to get somewhere”. If Mandela
successfully completes the diversion programme, which could be a form of
community service, charges against him will be withdrawn permanently. Two
days after the 75th birthday of his grandmother, Winnie Madikizela-Mandela,
the man paced court corridors on Wednesday, his thumb glued to his phone.
The May 7 incident on Beyers Naudé Drive came just a month after a road
safety scholarship was launched in memory of Zondwa’s niece Zenani, who died in a car crash last year. - The Star Union: Give cops bigger guns
September 29 2011 at 07:27pm
Police need to be issued with weapons matching those of heavily armed
criminals after the murder of a policeman in Bizana, Eastern Cape, the SA
Police Union (Sapu) said on Thursday. “If you go to a war zone you have to
be equally equipped,” union spokesman Oscar Skommere said in a statement.
Constable Manwabisi Gqamane, 25, died in hospital on Wednesday from wounds
sustained in a shootout with a gang carrying AK-47 assault rifles. The
policemen responded to a robbery at a Shoprite store on Tuesday evening, and the gang opened fire when they arrived. Six police officers were wounded.
Gqamane died later in hospital. Sapu sent its condolences to Gqamane's
family and wished the injured officers a speedy recovery. On Wednesday
national police chief General Bheki Cele visited the five wounded policemen. They were in a stable but critical condition, police spokesman Colonel
Vishnu Naidoo said. Cele and provincial police chief Lt-Gen Celiwe Binta
also inspected the crime scene. A gang member was killed in the exchange of
fire and another wounded. Police recovered a 9mm pistol. Three bags with an
undisclosed amount of cash were found in a getaway vehicle. A 38-year-old
woman was arrested on Tuesday night. A bag of coins and six firearms were
recovered. Four of the firearms were stolen from the police officers who
were shot. www.iol.co.za Media can name suspects - court
2011-09-29 22:33
Andre Grobler
Bloemfontein - The publication of the name of a person suspected of criminal action and not yet arrested could be to the benefit of the public, the
Supreme Court of Appeal has found. The court made the finding in its
judgment on Wednesday, in the appeal of businessman Mogale Modiri against a
high court order which dismissed his action for defamation against Media24,
the late Daily Sun publisher Deon Du Plessis, a reporter and the police. The appeal originated from a Daily Sun article headlined "Mangaung Crime
Crackdown", which reported that the Mangaung police were on top of the crime situation in Bloemfontein. It asked Daily Sun readers to help the police
catch Modiri, who was accused of involvement in drug dealing,
cash-in-transit heists and car theft. The SCA held that the high court had
rightly found that the gist of the article was objectively true. Evidence
indicated that, for 10 years before the article was published, police
suspected Modiri of involvement in armed robberies, vehicle thefts and
drugs, and of leading a syndicate involved in these crimes. Offenders IDed
Modiri - The court also heard that actual offenders had identified Modiri as one of their leaders, but were unwilling to testify against him in court. As a result, charges against him had had to be withdrawn. A police investigator quoted in the article, denied inviting Daily Sun readers to help apprehend
Modiri. The SCA found that the allegations which had proved to be untrue in
the article were not part of the sting of the article. It said the media
were not required to prove that defamatory statements were true in every
detail. The unanimous judgment by a full Bench also held that once the media had proved that the sting of the article was true, it did not matter where
the journalist had obtained the information relied on. The court found that
the publication of the suspicion held by the police was to the benefit of
the public. Modiri could not insist on enjoying the reputation of an honest
businessman who was beyond any suspicion. The court held that the
publication of the suspicions against Modiri could have served to persuade
members of his community to come forward with potential evidence against
him, and which the police eagerly sought. The fact that the police did not
actually ask the journalist to invite public assistance did not detract from this possibility. The SCA partly upheld Modiri’s appeal with regard to
costs. www.news24.com Cops kill fewer people: ICD
September 29 2011 at 02:44pm
Deaths at the hands of the SA Police Service (SAPS) fell by seven percent to 797 between April 2010 and April this year, the Independent Complaints
Directorate (ICD) said on Thursday. ICD executive director Francois Beukman
said that of these deaths, 257 were in custody and 540 were the result of
police action, such as crime prevention. Fifty three percent of the deaths
occurred at the scene of a crime. Beukman said 860 deaths were recorded in
the previous year. He said 5869 complaints against the police were lodged
with the ICD in the year ended March 31. The ICD had made 501
recommendations for prosecution to the Directorate of Public Prosecutions.
During the same period there were about 60 convictions of police officers in court and about 90 internal disciplinary convictions. www.iol.co.za Cops on go-slow in PMB
September 29 2011 at 12:08pm
By Sharika Regchand
PIETERMARITZBURG traffic officers have embarked on a go-slow, calling for an investigation into the “state of chaos” in the Msunduzi traffic and security department. They are also demanding that a task team be set up to probe the
allegations contained in their memorandum. Their key gripe is that the
municipality had appointed an unqualified senior manager, who they said was
running the department into the ground. According to the memorandum, the
manager had been appointed to the position despite failing to meet the
advertised job requirements. The manager had also failed to provide copies
of his qualifications. “The traffic section is in a state of chaos; there is no leadership,” says the memorandum, adding that black women with degrees in traffic management had not been given the opportunity to fill the positions. The situation in public safety was apparently critical as junior employees,
who were unqualified, were acting in senior positions. “This affects service delivery as the workforce is now further depleted as there are now fewer
traffic officers on the ground… traffic safety on the roads is being
compromised,” it said. Msunduzi spokesman Brian Zuma said that city
administrator Sibusiso Sithole would look into the issues. - The Mercury