Heavy rain and snowfall is expected in Cape Town towards the end of this week.

Cape Town - Heavy rain and snowfall is expected in Cape Town this week, the city said on Wednesday.

“Freezing conditions are expected on Friday morning, with predictions of minus three degrees Celsius... and possible snowfalls on Table Mountain,” said spokesman Wilfred Solomons-Johannes.

“Heavy rainfall is likely over the Cape metro, Overberg, southern parts of the Cape Winelands, and the west coast districts on Thursday evening and Friday.”

A flash-flood warning was issued in some parts of the province, along with a fire warning for the Karoo.

“The city has accordingly upgraded the preparedness level of its disaster response teams in advance of the heavy rainfall predicted and the likelihood of localised urban flooding in Cape Town.”

Solomons-Johannes urged travellers and residents to take precautions and be wary of landslides and rockfalls.

“Those travelling in mountainous areas across the Western Cape are advised to expect delays and possible deviations as mountain passes may be closed to traffic.

“Members of the public should not hike along the mountainous areas as they may find themselves in distress.”

Sapa

An extortion case involving two policemen was postponed to next year because an attorney for the defence is occupied in the Western Cape High Court.

Cape Town - An extortion case involving two policemen was postponed to next year by the Bellville Specialised Commercial Crime Court in Cape Town on Wednesday.

This was done because the defence attorney's presence was required in the Western Cape High Court.

The matter involves Constable Mjatya Bukani and reservist Nontando Mhlabeni, both based in Khayelitsha.

They allegedly demanded money from a taxi driver caught with perlemoen (abalone) for his release from custody, and the return of the confiscated perlemoen and the taxi.

Both officials have pleaded not guilty to a charge of extortion (blackmail), before magistrate Sabrina Sonnenberg. They have also pleaded not guilty to two alternative counts of corruption.

In June, taxi driver Wanana Gwadiso told the court that he and his two passengers were arrested in December 2010, and were locked up together in a cell at the Khayelitsha police station, after the two policemen found a bag of perlemoen in his taxi.

He testified that, on the way to the police station, Bukani offered to release him and his passengers, and return the confiscated perlemoen and the taxi, in exchange for money.

Gwadiso said he first offered R300, which Bukani said was too little, and then increased the amount to R500, which Bukani accepted.

However, at the police station, Bukani changed his mind about the amount and demanded R1000.

The R1000 was paid, and he and his passengers were released without any charges being pressed, Gwadiso told the court.

Bukani claimed via defence counsel Andre Pienaar that Gwadiso was arrested, but later released, for illegally encroaching on a route belonging to the Congress of Democratic Taxi Associations (Codeta).

According to Bukani, Gwadiso was released from custody at the request of Codeta, which had merely wanted Gwadiso warned to stay off the Codeta route, and not arrested and charged.

According to Bukani, the arrest had nothing to do with the possession of perlemoen.

Defence attorney Faizal Viljoen represents Mlabeni.

The trial resumes on January 27.

Sapa

Poo protest leader Andile Lili has lodged a criminal complaint saying he was insulted and assaulted at Cape Town's Civic Centre.

Cape Town - Poo protest leader Andile Lili has lodged a criminal complaint with police against Cape Town mayor Patricia de Lille’s bodyguards and metro police, saying he was insulted, assaulted and manhandled at the Cape Town Civic Centre.

But City Speaker Dirk Smit said Lili’s version was a distortion of the truth, and he had been “gently escorted” from the building.

Sithembele Majova, another member of the so-called poo protesters, said he had been assaulted along with Lili and had also lodged a complaint with police.

Lili said: “One bodyguard even called me k*****. I almost cried. I was angry. I was very angry. The manner in which they treated me was very inhumane… The law of this country has to take its course.”

He told reporters outside the Cape Town Central police station that on Tuesday he had gone to the civic centre to enquire about pension funds owed to him by the city. He was expelled from the council, where he was a proportional representative, in March.

Lili, who Western Cape Premier Helen Zille named as a ringleader in the so-called poo protests, said two bodyguards and three metro police officers forcibly removed him from a chair and aggressively escorted him to a lift.

He said one of his arms and back were injured in the process. While in the lift the officers and the two men placed his face against the lift enclosure and hit him with their fists, he said.

He said there were pictures of him pasted on the walls to show he was not welcome in the building.

ANC councillor Loyiso Nkohla, who was with him at the time, took video footage as Lili was pulled into the lift.

“There are DA councillors who have been expelled but their pictures are not on the walls of the City of Cape Town to say that they are not allowed on a particular floor in the building,” Nkohla said.

Majova said he had been at the Civic Centre to apply for permission for a march. He was stepping out of a lift when Lili was pulled in. Majova said he was pushed back into the lift.

“They said I was with him and they started beating us.”

Smit said: “Lili’s claim of assault is yet another example of his series of publicity stunts to salvage his political career from oblivion. The photos of Mr Lili in the building are to alert officials that he is no longer a councillor,” Smit said.

He said Lili had tried to force his way to the fifth floor of the Podium Block without an appointment.

He said when security officials told Lili he was not allowed to access the floor without an appointment, Lili became aggressive and vowed that “he was prepared to die” in the area rather than leave.

xolani.koyana@inl.co.za

Cape Times

A Cape Town radio DJ has admitted that he requested oral sex from a male colleague while the man was still on air.

Cape Town - A Cape Town radio DJ has admitted that he exposed his private parts and requested oral sex from a male colleague while the man was still on air.

Radio Zibonele presenter Zamile Mkontwana has been suspended from work and is due to appear before a disciplinary committee charged with indecent behaviour, sexual harassment at the workplace and interfering with station operations.

This after the 34-year-old allegedly sexually assaulted his co-worker while the pair were in studio last Friday.

The station manager, Mzamo Ngomana, has confirmed Mkontwana’s suspension.

“He is due to appear before the disciplinary committee next week,” he says.

In an interview with the Daily Voice, Mkontwana claims he did not mean to frighten his co-worker.

He claims it was not a sex attack and that they had been intimate before.

“He was in the studio when I walked up to him and asked if he could do something for me,” he says.

“I asked him if he could suck me, he was on air at the time and did not answer. So I took out my thing [penis], took his hand and put it on my penis.

“When he was done reporting he looked at me and asked why I was doing that. I knew there was nobody there and I said ‘why not?’”

“I left for a few minutes to go to the kitchen and drink water, I came back, went to him and pulled him by his belt buckle and he said no.

“I could not understand because we had what I thought to be an understanding or a thing going on.

“This was not the first time this had happened, we had engaged in oral sex before in my office.

“I went to him later that day and apologised and thought that was the end of it.

“But later that day I was called into the boss’ office and suspended for misconduct.

“I was even more surprised to learn that a criminal case had been opened.”

Mkontwana’s victim, however, denies ever having any sexual relations with the accused.

By late Wednesday, police said they had yet to arrest Mkontwana.

Daily Voice

The husband of a slain Cape Town policewoman told a court how his wife's shooting broke up his family.

Cape Town - Simon Mkwani’s happiness was taken away the day his police officer wife and the mother of his child was shot and killed during a routine patrol in Mandela Park, Hout Bay.

Mkwani took the stand in the Western Cape High Court on Wednesday and testified in aggravation of sentence against Fabianus Fillipus, 29, who has been convicted of murdering Constable Phindiwe Nikani, 26, and her colleague, Constable Mandisi Nduku, 27, who were shot at point-blank range .

On Wednesday, a sombre Mkwani told the court: “I want to say to the court I am happy. (But) it won’t bring back the happiness I had before. Her passing meant I have no family. What happened cost me. I’m left alone with no woman because of one man who took her life and her colleague’s life.”

After dating Nikani he realised that he wanted to spend the rest of his life with her. They were married according to customary law in July last year.

But just three months later, on October 12, 2012, the two officers were shot dead.

About 20 minutes before the shooting the officers had had an argument with Fillipus about moving his car from where it was blocking a narrow lane. He moved it but returned and opened fire on the officers.

On Wednesday, relatives, police officers and residents were at court to hear his fate.

Mkwani said it had been difficult for him to come to terms with his wife’s murder, especially as she was the breadwinner and because their daughter, Jabulile - which means happiness - was only a toddler.

“Losing Phindiwe has affected my life so that sometimes it’s so difficult to move on. It broke up everything.”

He noticed that his daughter, although young, was anxious when she looked at other children with their mothers. “She has no one to call ‘mommy’,” Mkwani told the packed public gallery.

In aggravation of sentence, prosecutor Samantha Raphels argued that Judge Patricia Goliath should impose the minimum sentence of life imprisonment for each count of murder.

She argued that since July seven police officers had been killed in the Western Cape alone. “It’s become almost an epidemic with the number of police officers killed. (Fillipus) was clearly there to shoot and kill. He doesn’t show any remorse. He only came to testify in his own interests.”

Rael Kassel, for Fillipus, conceded that there were no substantial circumstances to justify a deviation from the minimum sentence.

Fillipus testified in mitigation that he had a three-year-old daughter, had been born in Namibia and moved to Mandela Park in 2004. He had Grade 7 and worked as a boilermaker for a year while in Namibia. He came to Cape Town to look for work and found a job as a street vendor.

Fillipus said he had been convicted of a crime he had not committed and would appeal.

Judge Goliath is expected to sentence Fillipus on Thursday.

jade otto@inl.co.za

Cape Argus

More than R6.6bn in wages was lost in 2012 due to the “significant increase” in strike action compared to the previous four years.

Cape Town - More than R6.6 billion in wages was lost last year due to the “significant increase” in strike action compared to the previous four years.

And many of the 99 strikes that took place involved some form of violence.

Almost half were unprotected and nearly 60 percent involved workers from the mining sector, which experienced a “strike wave”.

Labour director-general Nkosinathi Nhleko, who on Wednesday tabled the department’s annual Industrial Action Report for the 2012 calendar year, blamed “the issue of leadership” for the surge in strike action.

“It’s an issue of how parties conduct themselves. At the level of leadership, something is not being handled properly.”

The DA said the government was not doing enough to facilitate labour bargaining practices and to prevent strikes.

“The report confirms that government has all but lost control of labour unrest in South Africa,” said the DA’s labour spokesman, Sej Motau.

“It is also clear that government has no concrete proposals to solve violence during strikes that continues to plague industrial action.”

Although Nhleko refused to be drawn into speculation about this year’s figures, he did concede that there was a “continuing of the trend as we experienced it in 2012”.

He said 3.3 million working days involving 241 391 employees were lost to strike action last year, compared with the 2.8 million days lost the year before. The worst-hit sectors were mining, manufacturing, community and agriculture.

Another feature of last year’s strikes was the duration - with some industrial action lasting for more than 40 days. Most of the work stoppages were in Gauteng, which recorded 42 strikes.

The Western Cape recorded 15 work stoppages, up only slightly from the 12 of 2011. The total wages lost in the province were just above R13 million.

Michael Bagraim, chairman of the Cape Chamber of Commerce’s human capital portfolio committee, said he expected this year’s figures to show an increased labour unrest in the province. “It won’t calm down until after the elections. In the Western Cape a lot of the strikes are because of politics.”

He said last year was marked by strikes in the agricultural sector, although many of these were politically motivated as well.

The report noted that heightened violence was a feature of industrial action in 2012, particularly in the mining and transport sectors. There was also violence and damage to property in the agricultural sector, but these were associated with protests and not strike action.

Most of the workers involved in the labour unrest were members of the National Union of Mineworkers (NUM), said Nhleko.

Wages, bonuses and compensations remained the driving forces behind most of the strike action. Other reasons cited included socio-economic and political conditions.

The report called for the national government to “develop an appropriate response”.

The report noted that a loss of trust in trade unions had led to the prevalent unrest.

“The violent strike events in the last few months of 2012 demonstrated a turning point in the industrial relations system. It has therefore become imperative that organisations, collective bargaining and labour look at policies that will make human rights and social compliance part of their strategies.”

Bagraim said a reassessment of the collective bargaining process was needed. The pendulum had swung from “collective begging” for an increase to “strike at any cost”.

Strikes had an enormous impact on the economy, with business refusing to invest because of the threat of working days being lost to industrial action. This would also have a long-term effect on job creation in the province, he said.

Cape Argus

Two Somali shopkeepers have accused Nyanga cops of breaking into their shops and stealing airtime, cigarettes and money.

Cape Town - Two Somali shopkeepers have accused Nyanga police of breaking into their shops and stealing airtime, cigarettes and money. But the police said they were searching for an illicit firearm.

The owners of AMCCK and Aljazeera in Better Life, Philippi, have accused four policemen of police brutality.

Muhammad Jamal, owner of AMCCK, said he received a call from one of his staff telling him to return to the shop because policemen were at the door demanding they open the store. He said that by the time he got to the shop two policemen were trying to open the door with crowbars.

“They told me to open and I refused, asking if they had a warrant. Then they grabbed me by my arm and put me in the van.”

Two other Somalis were arrested along with Jamal and the police allegedly left with airtime worth more than R1 000 and cigarettes.

Jamal said this was not the first time this had happened. Last month, the same policemen had allegedly taken R1 000 from the till. “It’s always the same people,” Jamal said.

Provincial police spokesman FC van Wyk said the police had been at the shop in search of a firearm which they had been told was being kept at the shops. He said: “Two suspects were arrested for interfering with police, and the third for counterfeit goods.”

Jamal was released on Wednesday and was told that there were no charges against him.

Omar Ali, owner of Aljazeera, said his store had also been robbed by the police. “They told me they were searching for a gun. I told them there was no gun and opened for them and they took 35 packs of cigarettes and R200.”

Ali’s shop is less than 200m from Jamal’s store.

Van Wyk said shop owners were welcome to lay a criminal charge against the four police officers.

Residents said they were unhappy about the incidents and were losing trust in the police.

“These Somali shop owners help us. They rent from us and that is how we make ends meet. Now if the police are going to abuse them, why should we trust police,” said Ntombekhaya Shawuta.

Community representative Buyile Mzela said this was not the first case of its kind and he and other residents were planning to visit the Philippi East station commander to lodge a formal complaint.

Shawuta, who witnessed the incident, said she had reported the matter at the Philippi East police station and was referred to the Nyanga police.

zodidi.dano@inl.co.za

Cadet News Agency

Cape Argus

The ANC has retained five wards in by-elections held across the country, according to results released by the IEC.

Cape Town - The ANC has retained Ward Six in the Drakenstein municipality (Paarl), in the Western Cape, according to results released by the Independent Electoral Commission on Thursday.

Tryphina Nomana of the African National Congress secured 71.98 percent of the votes.

The ward was previously held by the ANC and became vacant when the councillor was expelled from the party.

Nomana was opposed by independent candidate Sithembiso Magqazana, and Zeniwokhe Ndwanya of the Democratic Alliance.

The ANC has also retained Ward Two in Ramotshere Moiloa (Zeerust), according to results.

Pogiso Maetla of the ANC took 69.28 percent of the vote in the North West ward.

The ward was previously held by the ruling party but became vacant after the councillor resigned.

Opposing Maetla were Lesego Leka of the Azanian People's Organisation and Lorraine Melamu of the United Christian Democratic Party.

In other results released by the IEC, the ANC retained ward eight in Giyani, Limpopo, after Makoma Modjela secured 83.25 percent of the votes against Morris Ngobeni of the African People's Convention, Matome Sethibela of the Congress of the People, and Thulase Sithole of the Ximoko Party.

The ward became vacant when the previous ANC councillor died.

In the Eastern Cape, the ANC retained Ward 22 in Mbhashe (Dutywa). Silulami Ndinisa garnered 82.77 percent of the vote, defeating independent candidate Mzekeleli Ndabangaye, Inkatha Freedom Party candidate Axolile Ntunja, and Xolani Msenge of the Pan Africanist Congress.

The post became vacant after the ANC incumbent resigned.

The ANC has also retained Ward Four in Merafong City (Carletonville), in Gauteng, after the party's Bukiwe Mafika won 69.20 percent of the votes.

The ANC candidate was opposed by independent candidate Elias Matabane, and the Democratic Alliance's Vuyisile Mcunana.

The previous councillor, an ANC member, died.

The DA retained Ward Eight in Mossel Bay and Ward 33 in in eThekwini (Durban), according to by-election results released by the IEC.

In Mossel Bay’s Ward Eight, the Democratic Alliance's Dirk Kotze secured 64.45 percent of the vote against independent candidate Nicolaas Lodewyks, and Francois du Plessis of the African National Congress.

The ward was previously held by a DA councillor and became vacant when he was expelled from the party.

The DA's Nicole Lee Graham won 86.97 percent of the votes in Ward 33 in eThekwini.

She was opposed by the ANC's Sandile Msibi and the National Freedom Party's Nkosinathi Khanyile.

The ward was previously held by a DA councillor who resigned.

The Democratic Alliance was unopposed in ward nine in Lesedi (Heidelberg), in Gauteng, and thus retained the ward.

IEC spokeswoman Kate Bapela said the DA's Gerhard Holtzhausen was the only candidate.

The ward was previously held by the DA and became vacant after the councillor died.

A number of municipal by-elections took place around the country on Wednesday. - Sapa

Cape Town police confiscated more than 200 litres of alcohol during raids on unlicensed shebeens in Nyanga.

Cape Town - Police raided unlicensed shebeens in Nyanga on Wednesday, seizing more than 200 litres of alcohol from two premises.

Colonel Jacques van Lill, who was in charge of the operation, said raids of this kind were carried out daily across the province, amounting to about 350 a month.

“Nyanga is one of the police stations that conducts the most operations,” Van Lill said.

The first shebeen that police visited was near the Nyanga police station where they confiscated 93 litres of alcohol and arrested the owner. Another owner was arrested at a shebeen in Crossroads, where police confiscated 119 litres of alcohol.

But some residents raised concerns about the operation.

One, who refused to be named, said: “When we are being robbed, the police are nowhere to be seen but when people are trying to make a decent living, they come here to arrest them.”

This particular owner was also raided last Thursday. “Only old people drink there and there are never any fights on the premises.

“If they want to solve crime then they must close down the distributors that supply him with alcohol and also go and arrest the people bringing drugs into Nyanga. There are no jobs and people are just trying to make a living,” the resident continued.

Van Lill said there was a correlation between liquor and contact crime in the area, and that Nyanga had “a lot” of unlicensed shebeens.

“Unfortunately we do not write the laws, we are here to enforce them. Liquor is a major roleplayer in contact crime and we are doing all that we can.”

After the operation in Nyanga the police went to Belhar where they destroyed some of the alcohol confiscated over the past few months.

Provincial police commissioner Arno Lamoer and the MEC for Community Safety, Dan Plato, were present.

Lamoer said: “We will always have shebeens. If we close them down, they move to another area. We need to get the support of the community to stop supporting shebeens.”

Plato said he was there to support the police for their good work and that alcohol was a social ill that could only be tackled if politicians and the police worked together.

neo.maditla@inl.co.za

Cape Argus

Cape Town police are hunting for five armed men who allegedly murdered two guards protecting a bread delivery van.

Cape Town -

Police are hunting for five armed men who allegedly murdered two guards protecting a bread delivery van.

Police spokesman FC van Wyk said workers had been delivering bread at a spaza shop in Kosovo in Samora Machel at about 6am on Tuesday, watched over by two security guards who had escorted the truck in a small bakkie.

“While they were unloading the bread, about five armed suspects approached them and fired several shots at the two security guards.”

Zahir Galiem, 31, died in the vehicle while Hendrik Duiker, 44, died on the way to hospital.

“The suspects then allegedly robbed them of a 9mm pistol and also robbed the occupants of the delivery truck of an undisclosed amount of cash before fleeing,” he said.

Bread delivery guards are routinely targeted around the country.

In March, attackers shot six people, all Pakistani citizens, in a house in Mitchells Plain which was used as a bakery. Four died at the scene, another in hospital and the sixth victim was wounded. The attackers took off with a safe.

In June, Cape Argus sister paper The Star reported that the business of baking bread in Joburg had become so deadly that delivery men had to travel with armed bodyguards. This came after three drivers were killed, two injured and numerous others threatened for doing their job.

They all worked for Morning Harvest, a new bakery that has been operating for just over a year in Joburg.

In May 2002, in Cape Town, two security guards accompanying a bread delivery vehicle into Langa, were shot dead while seated in their Magnum Security vehicle, behind the delivery truck.

But in August that year, five armed men who tried to rob a bread delivery van in Khayelitsha met their match when two security guards with semi-automatic Uzis shot three of them dead.

The other two fled.

One of the guards said: “We just decided that we were not going to allow these people to rob us.”

Cape Argus

A GP practicing in Cape Town has rejected claims that he has been masquerading as a gynaecologist.

Cape Town - A Cape Town GP has rejected claims made in a TV programme that he is masquerading as a gynaecologist.

“I’m just a GP who has interests in obstetrics and gynaecology,” said Dr Ganesh Anil Anirudhra, who was back behind his stethoscope in a Cape Town clinic on Monday after Sunday’s exposé on Carte Blanche.

The TV programme featured a sign outside his practice reading “gynaecologist”. It had been removed by the time the Cape Argus visited this week.

Anirudhra said his lawyers had sent the editor of Carte Blanche an e-mail accusing them of humiliating, victimising and defaming him. But Carte Blanche’s executive producer, George Mazarakis, said they had received no communication from Anirudhra since the airing.

Anirudhra has been charged with 319 counts of fraud in connection with defrauding medical schemes as well as the Department of Labour’s Compensation Fund.

He is also being investigated by the Health Professions Council of SA (HPCSA) over allegations of “practising outside his scope of practice”, a criminal offence.

On Wednesday, Anirudhra, who is registered with the HPCSA as a medical practitioner, told the Cape Argus he was not guilty of the claims made against him - and alleged he was the victim of a conspiracy by a former employer.

“I’m an over-qualified GP who has interests in obstetrics and gynaecology. I studied at the University of Limpopo and passed my final exam in obstetrics and gynaecology, but because I had a fallout with my chief supervisor at the hospital I was not able to obtain my degree.”

However, Carte Blanche reported that Anirudhra had never completed his degree in gynaecology and had misdiagnosed patients.

Anirudhra denied this. He said he had worked at hospitals in Cape Town and had delivered babies. In the two months of having his own practice he had not had any complaints. “It’s humiliating that these claims are being made and it’s affecting my business.”

The Health Professions Council’s Lize Nel confirmed that Anirudhra was registered as an independent practitioner.

“All medical practitioners receive basic training relating to pregnancies and how to deliver babies. However, one cannot claim to be a gynaecologist - or any type of practitioner - if not registered with the appropriate regulatory body.”

She said the council was aware of the fraud charges lodged against Anirudhra as well as the claim that he was “practising outside his scope”, and proper legal processes were being followed.

Anirudhra said he was confident he would not be convicted of fraud: “I know what I am doing is not wrong,” he said, claiming he charged his clients at GP level and not as a specialist.

zodidi.dano@inl.co.za

Cadet News Agency

Cape Argus

After Lona Marais was shoved off her bicycle, spat on and punched, she was determined to bring the motorist to book.

Cape Town -

It’s hard to be anonymous in this age of Facebook and Twitter.

When Lona Marais was shoved off her bicycle, spat on and then held in front of oncoming traffic by the driver of a plateless vehicle, she was determined to bring him to book.

The Table View resident and a friend were on a training ride on Perlemoen Street in Blouberg on Monday morning.

It is a routine activity for Marais, 47, who has taken part in numerous Ironman competitions and, more recently, the Save the Rhino cycling event.

“As we were crossing the intersection, this big silver double-cab 4x4 just skips a stop sign and almost knocks me over.”

She said the driver was animatedly chatting on his cellphone.

“I shouted at him to get off the phone and watch where he was going. That’s when he rolled down the window and started hurling insults at me.”

Acclimatised to altercations with motorists, Marais thought nothing of the confrontation as the driver sped off. But as she neared the road’s intersection with Marine Drive, she found the angry driver waiting for her.

This time, he did not stay in the car.

After berating her from the front seat, where he threatened to “kill all cyclists”, she said the motorist jumped out of the car and spat in her face.

“That’s how he introduced himself,” she said.

“He then shoved me off my bike, but I held on to him to keep my balance. That’s when he started punching my arms to loosen my grip.”

She said after she fell on to the road he grabbed her left arm, twisted it behind her back and then tried to force her into oncoming traffic.

“I started fighting back at that stage. I just remember being so calm during the whole thing.

“He just kept on shouting how he would kill cyclists.”

Drivers on the other side of the road, seeing the fight unfold, stopped and jumped out to help Marais.

“He got back into his car and sped off. That’s when I noticed he did not have any number plates.”

Marais said she was not badly hurt, coming away with only a few bruises on her arms.

She laid a formal charge at the Table View police station, but without being able to identify the driver it was evident the case was going nowhere. That was when her husband decided to hand out pamphlets and circulate a Facebook post, giving a description of the driver and his vehicle.

He urged people to help track down the motorist and offered R50 000 to anyone who could successfully identify him.

The post sparked outrage online, and quickly went viral as it was shared more than 1 000 times on Facebook and Twitter.

By Wednesday night, a friend of the Marais family said the driver had been identified.

“I would like to thank everyone for helping out,” wrote the user.

Police spokesman Captain FC van Wyk confirmed that an assault charge had been laid at Table View police station.

Reports that the driver had handed himself over to the police on Wednesday afternoon could not be confirmed by the time of going to print.

kieran.legg@inl.co.za

Cape Argus

Cape Town parents were up in arms after a teenager accused of raping four girls was allowed to attend classes at school.

Cape Town - Parents at a Cape Town school are up in arms after a teenager accused of raping four girls was allowed to attend classes.

But the education department says they have to allow the alleged rapist to continue going to school.

The 15-year-old high school boy is accused of raping four girls.

The children are not related and are all minors. The youngest victim - a toddler - is still in crèche.

The name of the school has been withheld to protect the identities of the victims.

The boy allegedly lured the girls to his home in the southern suburbs and raped them.

The teen has been charged with rape and appeared in the Wynberg Magistrate’s Juvenile Court.

The case has been postponed for further investigation and the boy was released, under his guardian’s supervision.

Parents at the high school have complained to the principal that the boy should not be allowed back at school.

The principal showed the Daily Voice a court order that legally compels the school to allow the boy to return to his Grade 8 class.

“Unless the education department legally objected to the court order, my hands are tied,” says the principal.

The teen goes for regular counselling and when the Daily Voice visited the school on Wednesday, the boy was absent.

“He’s gone to a [counselling] session today,” says the principal.

He says he has met with the boy’s guardian and has told them the child will be under close supervision at school.

Parents are still unhappy and say they don’t think the girls at school are safe.

One mother says: “How can he be allowed to just walk around as if nothing has happened? He can’t be trusted.”

The Western Cape Education Department (WCED) says the boy’s court case is still ongoing.

Spokeswoman Bronagh Casey says: “The matter still needs to be dealt with in court. It has not yet been determined by a court of law whether the child is guilty or not guilty.

“The court will decide, if guilty, what facility the learner should attend.”

She says the department has not yet decided if it will challenge the court order allowing the boy to go to school.

“The WCED will refer the matter to legal services for advice before any decision is made on whether to appeal or not to appeal the bail conditions. In the interim, the court order stands,” she adds.

Daily Voice

Western Cape education MEC Donald Grant was granted leave to appeal against a ruling setting aside his decision to close 17 schools.

Cape Town - Western Cape education MEC Donald Grant was granted leave to appeal on Thursday against a ruling setting aside his decision to close 17 schools.

The application by Grant and his department was heard by the Western Cape High Court and was not opposed by any of the schools involved, said his spokeswoman Bronagh Casey.

The application was for direct access to the Supreme Court of Appeal.

According to court papers, Grant argued the court had failed to take into consideration that the decision to close schools was in the best interest of pupils, by improving education opportunities.

It was also argued that the court had incorrectly interpreted the SA School's Act provision about hearing the concerns of affected parties.

He said the court's ruling required a school closure decision to be preceded by a public consultation process, when the act required only “representations”. The application contained 24 other grounds for appeal.

Grant announced last year that 27 schools faced possible closure for various reasons. After representations were made at public hearings, he decided to close 18 schools and transfer pupils to “receiving schools”.

One of these, Tonko Bosman Primary in Somerset West, agreed to the closure. The other schools' governing bodies and the SA Democratic Teachers' Union (Sadtu) approached the court for a review of Grant's decision.

The Western Cape High Court consequently ruled that the reasons given for the closures were brief and that the public consultation process was inadequate.

It set aside Grant's decision, which was made in October with effect from December 31, and ordered him and his department to pay the legal costs of the schools and their governing bodies.

In the same ruling, the court dismissed the argument by Sadtu and the schools that section 33.2 of the schools act, which governs MEC powers, was unconstitutional.

On Thursday, Sadtu and the schools approached the same Western Cape High Court Bench for leave to appeal the decision to dismiss the constitutional argument.

“We are of the opinion that the section is unconstitutional and gives members of the executive committee too much power,” said Save Our Schools campaign organiser Magnus de Jongh.

“We argued that section 33 is not in the best interests of the child.”

The cross-appeal was dismissed.

Instructing attorney for the schools and Sadtu, Jerald Andrews, said the only avenue left for them was to petition the Supreme Court of Appeal directly.

“I still have to discuss it with Sadtu. I've contacted the individual schools and am waiting for feedback and formal instructions.”

Sapa

Pieter Walser's plan to dig a sandpit for his children resulted in a police search for a child in a shallow grave.

Cape Town - Cape Winelands winemaker Pieter Walser was doing Pilates in his pyjamas at his home in the Strand when his phone rang.

“Are you okay?” asked a neighbour. “What’s going on in your street? The whole place is full of police!”

A bemused Walser, CEO and winemaker of the BLANKbottle range, ran out into the street and found police vans parked bumper to bumper from in front of his house down to the end of the street and around the corner.

“A yellow police crime-scene ribbon was spun around our neighbouring property and there were police standing almost shoulder-to-shoulder and people from the area streaming in,” he told the Cape Argus.

He asked what was happening and was eventually directed to a plain-clothed policeman who said: “There’s been a murder. A man allegedly killed a child with a spade and buried him in a shallow grave.”

Walser replied: “Goodness. Where?” The inspector replied: “You see where the dog is? Right there.”

To which Walser replied: “Oops, that was me… ”

Walser told the Cape Argus: “I’d decided to build a sandpit for my three little ones. And the closest place to get white sand from was under the grass of the vacant property next to me.”

He said he dug a hole on his property and filled it with white sand from the neighbouring land. He then put his soil into the hole in the neighbouring property.

“Just before I started to close the hole, however, my seven-year-old son, Luca, jumped into it and covered himself with soil. I continued to throw the rest of the soil on him until only his head stuck out.”

But what neither Luca nor his dad noticed were the shocked faces of a few neighbourhood boys cycling by.

“And they, of course, didn’t see Luca wiggle his way out of the hole.

Meanwhile the boys had gone home and reported to their parents that he had killed a boy and buried him.

Initially the boys’ mother brushed them off, but after a sleepless night, she investigated – and discovered the suspicious shallow grave.

“When he heard the truth the policeman was so glad, he almost embraced me! He said he had been preparing to dig up the body of a child.

“Then he said: ‘It’s such a relief – thank you so much’,” said Walser.

Cape Argus

Police arrested a 22-year-old man from Browns Farm, Nyanga, after discovering dagga worth millions of rand at a house.

Cape Town - Police arrested a 22-year-old man from Browns Farm, Nyanga, after discovering dagga worth millions of rand at a house in Sakhwatsha Street.

He has been charged with possession and dealing and was scheduled to appear in Philippi Magistrate’s Court on Thursday.

Police were acting on a tip-off from Browns Farm residents when they raided the premises. “As the members observed the address, they noticed suspicious activities,” said police spokesman Captain FC van Wyk.

“When they entered they found a room full of plastic drums and bags. They inspected the 17 drums and 23 bags, and found they were crammed with dagga. They found another 105 parcels of dagga and arrested a 22- year-old male suspect.”

Police did not disclose the estimated street value of the dagga, but said the figure was in the millions. A haul of dagga was also found at two houses in Driftsands and Delft.

The bust comes follows crime prevention operations in the Nyanga cluster in which police confiscated a variety of drugs, illegal alcohol and firearms. Areas involved include Athlone, Gugulethu, Lansdowne, Manenberg, Nyanga, Philippi and Philippi East.

During the operation, 14 suspects were arrested for rape, including seven offences involving young children, said Van Wyk.

daneel.knoetze@inl.co.za

Cape Argus

Safety and Security and Cape traffic services joined forces to educate pedestrians about the dangers of crossing the N2 illegally.

Cape Town - Safety and Security and city traffic services joined forces on Thursday morning to educate pedestrians about the dangers of illegally crossing the N2.

JP Smith, mayoral committee member for safety and security, handed out flyers and engaged with pedestrians.

On Thursday morning’s session targeted the section between the R300 and Borcherds Quarry, where informal settlements in Nyanga abut the N2. Gaps in the fencing allow pedestrians access to the highway.

Two pedestrians have been killed on that stretch of road in recent weeks, with the most recent fatality occurring on Sunday.

Richard Coleman, spokesman for traffic services, confirmed that 23 pedestrians had died on the stretch of the N2 which falls within Cape Town’s limits - from Somerset West to the CBD - since January. Twelve people had been killed in cars.

“This is twice the number of drivers and passengers who have died in crashes.

“It is important that we continually educate people about the dangers of walking within the freeway’s confines. But motorists also need to be sensitised to this issue.

“Something we have been trying to get across is the danger of drivers stopping on the side of the road to pick up or drop off passengers.”

In July, the provincial government set aside R5 million to upgrade the fence which separates informal settlements from the N2 on the stretch of road targeted by the campaign on Thursday morning.

“This has been a problem for at least 25 years,” said Western Cape transport MEC Robin Carlisle.

“We are testing various means to discourage incursions on the N2. This is for the safety of pedestrians and motorists, and to maintain the rule of law. There have also been instances where the N2 becomes blocked by people illegally.

“We are testing special types of wire needed for durable fencing, looking at designs and ways to encourage people to make more use of pedestrian bridges and installing extra lighting on those vulnerable stretches of road.”

Next month is Transport Month, and Smith said the pedestrian awareness campaign would continue and take on special significance.

daneel.knoetze@inl.co.za

Cape Argus

Crime statistics will only be of real value if released on a monthly basis, Western Cape community safety MEC Dan Plato said.

Cape Town - Crime statistics will only be of real value if released on a monthly basis, Western Cape community safety MEC Dan Plato said on Thursday.

“Criminals adjust their behaviour to avoid being caught, but communities could react appropriately and take the necessary preventative measures if they were aware of immediate shifts in crime patterns,” he said.

Monthly stats would allow for a better allocation of resources to where they were needed and would increase support given to the SA Police Service (SAPS).

While the provincial government had no operational control over the criminal justice system, it had implemented a number of programmes aimed at safety and security.

Two such interventions were the Community Safety Act, to improve police oversight, and the commission of inquiry into policing in Khayelitsha, in Cape Town.

Police Minister Nathi Mthethwa released the 2012/13 crime statistics in Pretoria on Thursday.

Plato said he was still analysing the stats for the province, but was concerned by the increase in the number of murders, attempted murder, drug crimes, and house robberies.

“We know that alcohol abuse plays a major role in increased levels of violence and murder Ä the police need to close down the thousands of illegal shebeens as a matter of urgency,” he said.

“I have also repeatedly called on the SAPS to introduce specialised policing units to deal with gangs and drugs in the province.”

Sapa

Cape Town residents in low-lying areas were warned against possible flooding because of persistent heavy rains.

Cape Town - Cape Town residents in low-lying areas were warned against possible flooding because of persistent heavy rains on Thursday.

“A flood alert has been issued for areas in the Cape Metropolitan as dams, canals and reservoirs are filled to capacity as a result of persistent heavy rains,” said city spokesman Wilfred Solomons-Johannes.

He said the greater part of the Cape Flats in the low-lying and flood-plain areas was already saturated because of heavy rainfall last month.

The city advised residents near the Eerste River system, the Lourens River at Somerset West, Cape Flats informal settlements and Diep River to be on the alert.

Farmers in these areas were urged to take the necessary action to protect their crops and livestock, said Solomons-Johannes

The city advised residents to check their drainage systems and to ensure no rainwater was entering their sewers.

“The city deployed its disaster response teams and engineering crews to assess the levels of the water across Cape Town to ensure the necessary action can be taken to safeguard lives and properties,” said Solomons-Johannes.

Members of the public would be frequently updated of any developments through the media, he said.

Sapa

Three men who allegedly started a pyramid investment scheme, and kept investments totalling nearly R1 million for themselves, have appeared in court.

Cape Town - Three men who allegedly started a pyramid investment scheme, and kept investments totalling nearly R1 million for themselves, appeared in the Bellville Specialised Commercial Crime Court on Thursday.

Quintan James Pick, 47, Andre Christoffel Magerman, 45, and Jacobus Swartz, 50, were not asked to plead when they appeared before magistrate Sabrina Sonnenberg.

They are charged with multiple counts of fraud, nine contraventions of the Bank Act, and nine of the Financial, Advisory and Intermediary Services Act.

Their appearance on Thursday was their 18th since they first appeared in the court in September 2011.

Representations made by defence attorney Keith Gess to the Western Cape Directorate for Public Prosecutions for the withdrawal of the charges, were refused. At Thursday’s proceedings he said he would now approach the National Prosecuting Authority (NPA) in Pretoria.

The men were warned to appear in court again on October 17 to hear the NPA’s decision.

According to the charge sheet, they allegedly devised an investment scheme in September 2004, and solicited investments from the public in the name of Training and Conference Solutions SA, with premises in Bellville.

Prosecutor Juan Agulhas alleges that the venture was essentially an illegal pyramid scheme, in which 10 percent monthly interest was offered to unsuspecting victims.

Pyramid schemes involve excessive interest on investments. Later investments are used to pay the interest due on earlier investments.

Agulhas alleges some victims made multiple investments over a period of time, which increased the aggregate of their investments.

The three allegedly indicated to victims that their money would be invested on the stock exchange, but they failed to make such investments and kept the money for themselves.

Agulhas alleges the money was instead paid into a bank account opened by Swartz.

According to the charge sheet, the inflow of new deposits decreased in 2008, causing the scheme to collapse. The three allegedly made “desperate attempts” to stave off demands for interest and capital by promising payment on later dates, and by issuing post-dated cheques which were dishonoured.

After the scheme collapsed, there was allegedly no money with which to repay the victims.

According to the charge sheet, the three fraudulently obtained R965 000 from victims, who had provided information to the State.

Sapa