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Girl, 14, has baby by principal

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A Western Cape school principal has appeared in court on a rape charge after he allegedly impregnated a pupil.

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Western Cape - A school principal has appeared in court on a rape charge after he allegedly impregnated a 13-year-old pupil.

The girl is now 14 and gave birth in July last year.

The 49-year-old made a brief appearance in the Clanwilliam Regional Court on Friday on a charge of rape.

The man was arrested in March after the pupil fell pregnant.

It is believed the sex attacks happened while she was kept after school for special classes.

The name of the school and principal cannot be revealed as it may identify the underage victim of a sex crime.

The principal has since resigned from his post.

The matter has been postponed to November 26 to allow the principal to secure legal representation for himself.

Daily Voice


‘Protect Bo-Kaap from developers’

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Residents of the Bo-Kaap's Schotsche Kloof area have appealed to the City of Cape Town to preserve its cultural heritage.

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Cape Town - With developers showing keen interest in the Bo-Kaap’s historic Schotsche Kloof area, residents have made a strong appeal to the City of Cape Town to preserve its cultural heritage.

Ward councillor Dave Byrant has heeded the call and submitted an urgent motion to Sub-council 16, which includes the Bo-Kaap and city centre, calling for Schotsche Kloof to be declared an urban conservation area. This would force developers and property owners to preserve the area’s trademark architectural style, and they would have to meet stringent approval conditions.

“This unique character also drives economic investment and tourism flows through the area with film shoots and local walking tours,” said Bryant.

Ismael Hartley, who has lived in Wale Street for more than 60 years, said he was accustomed to finding film crews or tourists on his verandah. “There is no consultation, they just come here.”

Hartley said it was also common for four or five buses to line the narrow street, as tourists jostled to get shots of the brightly coloured houses.

The free-for-all extended to advertisements, and he often saw his house in business ads or flyers without having being asked for his consent.

But Hartley is pragmatic about the changing face of the Bo-Kaap, and the demand for its property.

 

“If people want to come (and buy here), let them, as long as their intention is to be part of the community.”

Hartley is part of the Schotsche Kloof Residents and Ratepayers’ Association, which has been vocal in its call for greater heritage protection from the council.

The area, home to one of the oldest communities in the Cape, has become a sought-after residential and commercial address because of its proximity to the city centre and spectacular views. Somaya Salie, of Legacy Estates specialising in the Bo-Kaap, said the buyers were split 50-50 between foreigners and locals.

The area was no longer a cheap option. “It is difficult to find anything under R2 million here now,” she said.

Byrant said that by declaring Schotsche Kloof an urban conservation area, the city could protect the integrity of this historical area.

Bo-Kaap is home to South Africa’s first mosque and there are 11 others.

He said there were 34 urban conservation areas in the city, while another 17 had been proposed. The sub-council felt Schotsche Kloof should to be bumped up the list for consideration because of the renewed interest from developers.

If urban conservation status is granted, applicants will have to meet strict conditions when applying to the city to make alterations to buildings. These could include retaining the area’s cobbled surfaces and tiled verandahs, protecting the historical integrity of walls and roof features and preventing third-storey additions.

Bryant said that as the calls for protection had come from residents, the motion stipulated that there should be “input and participation from the local community, ratepayers, civic and other relevant associations”.

anel.lewis@inl.co.za

Cape Argus

SA team ready to assist typhoon victims

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The Gift of the Givers organisation will be one of the first teams to set foot in Western Leyte, which was inaccessible until recently.

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Cape Town - It was one of the worst-hit regions when Typhoon Haiyan tore through the Philippines. But 11 days after the storm flattened villages, cut off clean water supplies and brought down electricity in the area - large parts of Western Leyte are still without relief.

On Tuesday, the Gift of the Givers organisation will head to the region, setting up camp in Palompon - a municipality in Western Leyte along a strip of lush coastline in the province.

The South African team was dispatched last week and has spent the weekend in the country’s capital Manila, collecting supplies and working out the logistics of their large-scale operation.

It will be one of the first teams to set foot in the countryside of subsistence fishermen and farmers, which was inaccessible until two days ago.

The 32 rescuers, divers, doctors, paramedics and pilots in the team do not know what they will find. The first days could be spent pulling bodies from underneath layers of mud, doling out food and water or delivering vital medication to people in some of the most devastated areas.

They were set to travel by ferry, a six-hour barge trip over the flat waters that divide Cebu City, where they were stationed on Monday, and Western Leyte.

Air travel to the area has been put on hold. The local airfield, in Ormoc, has not yet restored electricity - meaning planes that land there will not be able to get back out.

As a result, planes, flown in by nations including the US, Australia and Sweden to provide relief in Ormoc, were left stranded at the airbase in Cebu City on Monday.

Cebu City has become the focal point of relief efforts in Leyte, with many victims of the typhoon fleeing Leyte making their way to the large seaside city, while relief teams use the airbase as makeshift headquarters.

As rescuers loaded crates of supplies onto planes at the city’s airbase, the mission commander Butch Hong described the situation in the region where the Gift of the Givers set up camp on Tuesday.

“Around 80 000 to 100 000 people have been affected. There is no water, no electricity. Hospitals and school buildings have been damaged and have nobody to run them.”

He called the area a “blank spot”.

He said the Gift of the Givers team would help restore order by relieving strained doctors and nurses in manning the overflowing clinics and hospitals.

“They will see to many people with trauma, pneumonia and exposure,” he said.

There is no time limit on the organisation’s mission in the region, and they may be there for over a month depending on the extent of the devastation.

On Monday, typhoon victims from Ormoc and the more central Tacloban were still arriving in droves at Cebu City’s airbase.

Tacloban was hit by surges from the storm which flattened homes in the coastal city.

On Monday, the death toll was at 4 000 - but this figure is expected to rise as relief teams continue to scour the area.

The National Department of Social Welfare has set up a receiving centre at the airfield where victims are treated, clothed and fed before being transferred to other centres.

They arrive on planes and boats, and around 8 000 victims have passed through the centre since it was started on November 11.

Most arrive with just the clothes on their backs, and some do not have even that luxury.

The survivors who did want to speak, told stories of starvation, sickness and looting.

Field officer Erlinda Barme has become a mother figure at the receiving centre.

“They come in very hungry, injured and very weak,” she said. “But they are also relieved to be in a safe place.”

* Legg is a guest of Gift of the Givers.

kieran.legg@inl.co.za

Cape Argus

Fury over Cape nursing college merger

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Staff at the WC College of Nursing are up in arms over the proposed merger with the Cape Peninsula University of Technology.

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Cape Town - Staff at the Western Cape College of Nursing are concerned about the proposed merger between the college and Cape Peninsula University of Technology (CPUT), saying they feared job losses and fewer nurses being trained.

The provincial health department is doing away with the college’s nursing diploma in favour of CPUT’s BTech programme, which is set to start next year.

On Thursday, college staff, including lecturers, administration staff and general workers, held a lunch-hour picket under the banner of the National Education, Health and Allied Workers Union (Nehawu) and Democratic Nursing Organisation of SA (Denosa).

They say the merger will not only rob them of their jobs, but was against the national Health Department’s plans to open more nursing colleges to address the nurse shortage. The college is the only nursing college in the province and incorporates satellite campuses including those in the Boland, George and Stikland.

Denosa provincial secretary Bongani Lose said while nursing unions were still being consulted by the department about the merger, there were clear indications that it was a “done deal”, with staff being asked to prepare for the move.

“Staff are angry because of uncertainties surrounding this move. Most of them are employed full-time by the department, but we know when they move to CPUT there will be no guarantee of employment… most staff at CPUT are already on contracts. Our view is that fewer nurses will be trained under CPUT. What will then happen to the rest of the college staff?”

Lose said some workers would not qualify to teach at university level since lecturers were required to have a Master’s degree, which some college staffers didn’t have.

The department would neither deny nor confirm the allegations of job losses and drop in student numbers.

Emerantia Cupido, the department’s nursing services spokeswoman, said it would be premature to comment at this stage because negotiations with organised labour were ongoing.

The college and CPUT had been working under a memorandum of understanding for several years to ensure students “attain the best nursing education possible”. The merger “is already on the agenda of the provincial public health and social development sectoral bargaining chamber. Various meetings with organised labour (at provincial and institutional level), as well as with all the staff have already taken place, and will continue”.

Nehawu regional organiser Anwar Meniers accused the department of “trying to divide staff” by coercing them into signing confidential letters that would see some getting jobs while others would lose out.

The unions believed that under the CPUT programme only 200 nurses would be admitted, as opposed to the 350 to 400 the college admitted.

sipokazi.fokazi@inl.co.za

Cape Argus

Hailstorm wipes out Cape’s fruit crop

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Hail has caused havoc in the biggest fruit-growing areas in the Western Cape, wiping out fruit crops on scores of farms.

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Cape Town - Hail has caused havoc in the biggest fruit-growing areas in the Western Cape, wiping out fruit crops on scores of farms in the Witzenberg, Ceres and Koue Bokkeveld areas.

One farmer on Monday told the Cape Times he had probably lost his entire R70 million annual turnover.

Heavy rain pummelled the province on Friday and Saturday, resulting in the deaths of three people, road closures, mudslides and affecting 18 000 residents.

On Monday, mayor Patricia de Lille said the city had so far spent R3m on flood relief.

Apples, pears, stonefruit and onions were among the crops affected as heavy hailstorms hit the prime fruit-producing areas.

On Monday, Agri Wes-Cape chief executive Carl Opperman said 90 percent of farms in the Ceres and Witzenberg area and half the farms in the Koue Bokkeveld and Warm Bokkeveld area had suffered between 50 percent and 100 percent damage.

He said in Wolseley, some farms had experienced between 80 and 100 percent damage.

Opperman said aside from fruit, vegetable plantings had also been damaged. But he said as warmer weather continued and the land dried out, damages could be reduced.

He was unable to say exactly how many farms had been affected as farmers were still assessing the hail aftermath.

Darius Willemse, the financial manager at the farm Doornkraal outside Ceres which produces mainly apples, said the farm had been severely affected.

“It’s a 100 percent write-off. From what I hear, everyone in the valley is affected. It’s very, very bad. Our whole revenue for next year is wiped out.

“We’re only expecting money to come in in April 2015,” he said.

Willemse said about 150 temporary workers hired only about a month ago had on Monday been told there was no longer work for them.

More workers were expected to be affected.

Fruit intended for export would have to be made into juice and Willemse was worried juicing facilities would become overburdened.

“Everyone’s going to go for juice,” he said.

Gysbert du Toit, a manager at the Koue Bokkeveld fruit and vegetable producer Dutoit Group, said “the whole region” had been affected.

He said while farmers were used to having to deal with weather fluctuations, they were “not used to this widespread hail”.

“We’ve had severe damage,” he said. Du Toit said a lot of fruit had broken as a result of the hail and this would result in fewer workers being hired.

Du Toit said it would take roughly another two weeks to determine the full financial implications of the storms.

Other farmers said because of damaged fruit, packing facilities would be affected as there would be much less to pack for exporting.

Wouter Kriel, the Agriculture and Rural Development Ministry’s spokesman, said the department was still waiting to determine the overall damages caused by the hail. Some farmers were so upset that they had not yet reported the damages they had suffered.

“Just last week, farmers were saying it’s going to be a fantastic harvest,” he said.

On Monday, mop-up operations continued in other parts of the province.

The R44 between Gordon’s Bay and Rooi Els is to remain closed until further notice after a section of it washed away.

In Somerset West, the Vergelegen Medi-Clinic which flooded on Friday, with 127 patients being evacuated, would remain closed for at least another week, Medi-Clinic Southern Africa spokesman Biren Valodia said.

Doctors’ rooms would be seen to first so patients could start coming in, then theatres and the intensive care unit.

In Franschhoek, the satellite court flooded, but no case documents were destroyed.

Franschhoek cases will be heard in Paarl this week.

* On Monday, mayor Patricia de Lille encouraged residents wanting to donate towards relief efforts to contact the city’s Disaster Relief Management Centre at 080 911 4357 or deliver goods to a city fire station.

caryn.dolley@inl.co.za

Cape Times

Striking farmhands may return to hostels

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A court ruled that the eviction of 146 striking Cape farmworkers was unlawful and ordered they be reinstated to their hostels.

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Cape Town - A court ruled on Monday that the eviction of 146 striking farmworkers in Moorreesburg was unlawful and ordered they be immediately reinstated to their hostels.

The workers, evicted from hostels at the JF le Roux Group-owned Broodkraal Estate, approached the Moorreesburg Magistrate’s Court on Monday.

Bawsi Agricultural Workers Union of SA general secretary Nosey Pieterse said the court granted an interim order for the workers to be allowed back to the hostels, with a return date of November 29.

The court also ruled that the company not interfere with the workers.

The workers had been fired after taking part in a strike which the group said was unprotected.

“We had suspended the strike. Now that we are done with this case we will focus on the strike,” Pieterse said.

Le Roux group financial manager Gerrit de Beer said he was aware of the interim court order granted in their absence. “Based on newspaper and social media reports, it appears that Bawusa has instigated these proceedings. The application makes reference to a number of employees that were allegedly evicted. These allegations are untrue.

“The Le Roux Group has given notice of its intention to oppose this application and has also anticipated the return date of the application, which will be heard this week,” De Beer said.

The dispute erupted as Bawusa embarked on a strike over “unilateral changes in working conditions”. It accused farmers of deducting additional costs for rent, transport, electricity and protective clothing after they were forced to up the minimum daily wage from R69 to R105, rendering it meaningless.

In some cases workers earned less than before the December-January strike.

These claims have been supported by the Food and Allied Workers Union. Its provincial organiser, Sandile Keni, said despite not embarking on the strike, Fawu members were confronted by unresolved issues from the previous strike and some that arose after a sectoral determination. These included farmers paying workers under the R105/day sectoral determination prescribed by the Department of Labour.

But Keni said when they polled Fawu members at a general meeting attended about 2 000 people in De Doorns earlier this month after the call by Bawusa, many “were clearly not prepared to go on strike”.

Agri SA president Johannes Möller said complaints of changes in working conditions and payment were caused by a misunderstanding, where farmers felt they had explained to workers about changes and workers agreeing without understanding the nature of these.

He said such allegations had been reported to them but upon investigation Agri-SA did not find any wrongdoing.

“Our own policy is that farmers should pay a living wage. It doesn’t make sense to expect labourers to work better if they are not earning a living wage,” Möller said.

He said according to the law, farmers were allowed to deduct 10 percent for housing.

If employers were deducting more than that or had other illegal transactions, workers had the right to go to the CCMA, Möller said.

xolani.koyana@inl.co.za

Cape Times

Questions raised over Cape’s legal bill

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The Western Cape government has racked up just over R13m a year in legal fees for the past four years.

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Cape Town - The Western Cape government has racked up just over R13 million a year in legal fees for the past four years.

The figure includes legal opinions and litigation fees across 13 departments, as well as costs related to rationalisation, drafting and the quality control of provincial legislation.

This was revealed during a response by Western Cape Premier Helen Zille to questions by ANC leader in the provincial legislature Lynne Brown who wanted a run-down on the provincial government’s expenditure on legal matters during the past four years.

Legal spending in the provincial government has been approximately R13m every year since 2009, except 2011/12 when it was moderately higher. And the legal costs for the 2012/13 financial year stand at R13.2m.

Zille pointed out the Western Cape government spent far less than most provincial governments and national government departments on legal fees.

Quoting media reports, she said the Eastern Cape government spent nearly R50m in the 2012/13 financial year on private law firms.

She said the North West government paid more than R13m to one law firm to conduct a single disciplinary hearing before the hearing actually took place.

Zille said that as a rule legal opinions were prepared internally and external opinions were only sourced in circumstances where the Chief Directorate: Legal Services lacked the capacity or where specialised expertise was required.

She said that during April 2011 to the end of March 2013, 50 legal opinions were sourced externally on behalf of Western Cape departments, “which meant 97.2 percent of all requests for legal advice or opinions were dealt with internally by Legal Services between April 1, 2011, and March 31, 2013”.

After studying Zille’s response, Brown said she thought the premier was “running government through law firms”.

“If the long list of legal matters provided during the response constitutes only 3 percent of outsourced work, then I shudder to think what the 97 percent done in-house entails.”

Brown was not impressed with what she called the “premier’s attempts to hide what is wrong in the Western Cape by comparing it to other provinces”.

“The premier must stop deflecting provincial issues by comparing it to other provinces. She runs this province and we hold her accountable for what happens here,” Brown added.

warda.meyer@inl.co.za

Cape Argus

Cop denies seeing De Jager’s bakkie

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A policeman testified that he did not see a white bakkie outside murder accused Johannes Christiaan de Jager's workshop the day of his arrest.

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Cape Town - A policeman did not see a white bakkie outside murder accused Johannes Christiaan de Jager's workshop the day of his arrest, the Western Cape High Court heard on Tuesday.

Captain Michael Volkwyn, one of four investigating officers, made the arrest on June 3, 2008, and was testifying in De Jager's trial.

De Jager has pleaded not guilty to raping and killing prostitute Hiltina Alexander, in May 2008, and the murder of 18-year-old Mpumalanga resident Charmaine Mare in January this year.

Acting Judge Chuma Cossie asked Volkwyn where De Jager's white bakkie was parked when he arrived on the scene, in Parow, Cape Town.

“The bakkie was parked inside the building where the accused was standing, behind a steel gate,” he testified.

He previously testified that the workshop's steel shutter was only open about 25cm off the ground.

Cossie asked if he could the bakkie through this opening.

Volkwyn replied: “I couldn't see the bakkie. It was only after the steel gate was opened that I went inside and could see the bakkie.”

This version contradicted the testimony of Alexander's friend Colin Jacobs, who last saw her get into a white bakkie with a “tall, white man”. Her body was found a day or two later, on May 19, 2008.

Jacobs testified last week that he was a suspect at that stage and the police told him to keep a lookout for the bakkie.

He said he was walking to gym one day when he spotted the white bakkie parked outside a workshop in Parow. He phoned the police detective, called his brother and friends for back-up, and confronted De Jager.

Jacobs testified that an earring was found under a mat in the bakkie that day, which he recognised as Alexander's.

Volkwyn testified on Monday that he picked up the mat on the spur of the moment and found the earring. He said he did not touch it and the forensic team confiscated it.

On Tuesday, Sakkie Maartens, for De Jager, said his client would disagree. He put it to Volkwyn that the officer stood at the bakkie, found the earring under the mat and picked it up.

“And you asked the accused about the earring, to which he took the earring from you and said something like 'that is nonsense' in Afrikaans, and threw it on the ground,” Maartens said.

Volkwyn denied this version.

“None of us, myself and the accused, touched that earring. The forensic people confiscated it. The forensic people confiscated the bakkie on the scene.”

Maartens said his client explained at the time that the earring belonged to a woman from a Voortrekker camp he attended that weekend.

“I don't know about that,” Volkwyn responded.

Sapa


Cop errors raised in De Jager trial

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Police made several possible errors during the investigation of murder accused Johannes Christian de Jager, the Western Cape High Court heard.

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Cape Town - Police made several possible errors during the investigation of murder accused Johannes Christian de Jager, the Western Cape High Court heard on Tuesday.

De Jager's lawyer Sakkie Maartens was cross-examining Captain Michael Volkwyn, one of four officers who investigated the murder of 18-year-old prostitute Hiltina Alexander.

De Jager has pleaded not guilty to her rape and murder in May 2008, and the murder of 18-year-old Mpumalanga resident Charmaine Mare in January this year.

Volkwyn arrested him on June 3, 2008 and took him to a doctor the next day to obtain hair and blood samples.

Maartens wanted to know if the policeman made a statement confirming the visit to the doctor. Volkwyn replied: “No”.

He was asked whether he ever made arrangements with the doctor to take a statement from him. Volkwyn said the doctor completed a pro-forma form.

“The State must have forgotten to give me that,” Maartens replied.

All the lawyer had was a statement taken from the doctor this month.

“Why is there no statement taken from there (2008) up until November 7, 2013?” the lawyer asked him.

“Is it not important for the doctor to complete a form when taking hair and blood samples?... To confirm that these were taken in the correct manner and the correct serial numbers were identified?”

Volkwyn replied that it was correct to do so.

Maartens pointed out a discrepancy regarding the date Volkwyn picked up three evidence bags that needed to be taken to a forensic laboratory. According to a police register Volkwyn took the bags on June 5, 2008 but in his statement, he said he collected them on June 13 that year.

Maartens asked him why he mentioned the second date.

“It could just have been a human error,” Volkwyn replied.

The lawyer also raised questions about Volkwyn's discovery of an earring in De Jager's bakkie the day of the arrest. He said Alexander's friend, Colin Jacobs, made no mention of the earring in either of his statements in 2008.

“There you had someone who was last seen with the deceased and in his (De Jager's) bakkie and you had an earring which was said to belong to the deceased. Don't you think it's important?” Maartens asked.

Volkwyn said it was important and he had mentioned it in an investigating officer statement. After questioning, it was revealed that no mention of it was made in two of his statements in June 2008.

It was only in a statement in November 2008 that he mentioned he found the earring in the bakkie and confiscated it.

This contradicted his testimony earlier on Tuesday, in which he said that neither he nor De Jager touched the earring and it was the forensic team who confiscated the earring.

Sapa

Arno’s drunk driving trial postponed

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Musician Arno Carstens is expected back in court in February next year on a charge of drunken driving.

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Cape Town - Musician Arno Carstens is expected back in the Cape Town Magistrate's court in February next year on a charge of drunken driving.

His trial was postponed on Tuesday, after lengthy scientific testimony from a forensic toxicologist.

Expert witness Tim Lourens, the head of forensic toxicology at the University of Pretoria, said his independent analysis of blood alcohol results matched those of the State.

The blood sample was taken from Carstens when he was arrested nearly three years ago for allegedly driving under the influence of alcohol.

He has pleaded not guilty to a charge of drunk driving, alternatively driving with a blood-alcohol level of 0.20 percent.

The 0.20 percent level came from the State's analysis. The legal limit is 0.05 percent.

During cross-examination, Lourens' testimony was questioned by Carstens' legal team, who are set to bring in their own expert during the trial next year.

Carstens' lawyer Milton de la Harpe put it to Lourens that forensic medical literature proved that the artist's behaviour during and after his arrest was not that of a man whose blood alcohol level was 0.20 percent.

De la Harpe stated that Carstens should have suffered speech impediment, muscle impairment and memory loss at the time of his arrest.

However, he co-operated fully with police officers and did not behave like a man who had such a high level of alcohol in his system.

Lourens told the court he had not prepared for such questions, but said: “There are times when the clinical picture does not correspond with analysis.”

The trial continues on February 18.

Sapa

Flat owner denies knowing De Jager

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A flat owner told the Western Cape High Court that he did not know murder and rape accused Johannes Christian de Jager.

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Cape Town - A flat owner told the Western Cape High Court on Tuesday that he did not know murder and rape accused Johannes Christian de Jager.

Testifying in De Jager's trial, 55-year-old Noel Hales said he lived alone in Parow, Cape Town, and had not met the accused or a man called Johan from Namibia.

De Jager has pleaded not guilty to the rape and murder of prostitute Hiltina Alexander in May 2008, and the murder of 18-year-old Mpumalanga resident Charmaine Mare in January this year.

In his plea explanation, he said he met a man called Johan and drank with him on May 18, 2008. They went back to Johan's sister's flat in Parow and drank some more. He picked Alexander up and brought her to the flat. He said he did not have sex with her.

Police officers testified that he pointed out a flat to them in 2011. Hales was later identified as its owner. He had lived there for 16 years.

He testified that in May 2008 only he and a “lady friend” he had known for nine years had keys to the apartment.

Sakkie Maartens, for De Jager, asked whether he was employed at the time.

Hales replied that he was working for Transnet at the Cape Town harbour and worked 7am to 7pm shifts.

“Did you ever work throughout the night?” the lawyer asked.

Hales said he worked night shifts and double shifts, but could not say what shifts he worked that month.

Maartens asked where his friend lived and slept that weekend in May.

“In the same flat,” Hales replied.

He was excused from the stand. The trial continues.

Sapa

Prostitute reveals brothel’s sex secrets

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A sex worker has given a court sizzling details of how clients were serviced at a brothel owned by a mom and daughter.

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Cape Town - A sex worker has given a court sizzling details of how clients were serviced at her Cape brothel.

And the young woman said the brothel advertised sex like fast food giant Nando’s.

 

Mauricia Oliver testified in the Khayelitsha Regional Court on Tuesday in the case against alleged two brothel owners, mother and daughter Selina Salie, 42, and Nicole Fernandez, 24.

They face 15 charges of money laundering and racketeering.

The pair allegedly owned three brothels in Wynberg and Constantia.

They were arrested in June 2010, when police cracked down on their establishments, Nicky’s Angels in Belvedere Road in Claremont, Aromatic Salon in Constantia Road in Constantia and Secrets in Broad Road in Wynberg.

Mauricia said she started working for Salie in 2009, and had been working in the sex industry since 2003.

Mauricia said Salie advertised her businesses in weekend papers and helped the girls place individual adverts.

“Each girl would have her individual ads in the paper. It’s not good enough for a girl to just be there and no one knows abut her.

“So we would advertise our business, just like Nando’s,” she said.

She worked at the Wynberg and Constantia brothels.

The well-spoken woman said services provided at the establishment included massages, sex acts and guaranteed happy endings.

“We offer full body massages,” she said. “Full house where you go all the way with the guy, meaning (we) have sex with the man. Pelvic massages, blowjobs, hand jobs and boob jobs. We did a lot of things.”

Giggles broke out when the State asked Mauricia: “Do you know anything about happy endings?”

She confidently answered: “After all this, it will be a happy ending. If (the client) leaves after 30 minutes or an hour it means he was relieved.”

Mauricia told the court what the work involved: “It was not just massages. What I did in the room wasn’t strictly massages.”

Mauricia, whose working name is Kelly, said women who work in the sex industry often use pseudonyms to hide their identities.

 

“The purpose of an alias is so you can dispute it was you who was there,” she said.

The accused mother and daughter could be heard giggling during court proceedings.

However, at one stage, Fernandez herself interrupted the court complaining she could not hear because people in the gallery were giggling.

The case continues on Wednesday.

Daily Voice

Mom murder: Accused’s family wants answers

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Phoenix Racing Cloud Theron and Kyle Maspero, accused of murdering Theron's mother, will spend Christmas in jail.

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Cape Town - The pretty fair-haired girl rested her head on the boy’s shoulder. They smiled at each other and giggled softly together.

They could have been any young couple in love - but they were Phoenix Racing Cloud Theron and boyfriend Kyle Maspero, and they were in the dock facing a charge of murdering Theron’s mother, Rosemary.

The stolen moment was interrupted when Simon’s Town magistrate Crystal McKenna told them and their co-accused, Godfrey Scheepers to rise.

She postponed the case until January 23, which means Theron and Maspero will spend Christmas and New Year in custody while police continue investigating the murder of Rosemary Theron, a Clovelly performance artist.

Theron and Maspero had previously abandoned their bail applications while Scheepers’s bail has been extended.

Rosemary Theron was reported missing from her Fish Hoek home in March. Months later, Scheepers told police that he had helped move her body from a Fish Hoek field near the Theron home to a dune in Baden Powell Drive.

Theron, 19, Maspero, 18, and Scheepers, 20, were all arrested.

The court heard on Tuesday that police were still waiting for post-mortem documents and information about statements that had been made.

William de Grass appeared for Maspero, Raees Kaskar for Theron and Joe Webber for Scheepers.

Before McKenna adjourned the court, she said the media were permitted to take photographs when proceedings had ended.

Relatives and friends leaned forward to clasp Theron and Maspero’s hands as the court adjourned.

Maspero’s foster father, Martin Hatchuel, said later that he was feeling more positive after Tuesday’s proceedings.

He added that the magistrate needed to be commended for addressing the media.

“I think what needs to come out is the back story… we need to find the truth and I don’t know if it’s all going to come out,” he said.

The State alleges that Theron and her mother had an argument. Later, she went out and while she was gone, Theron and Maspero smoked drugs and discussed how they would kill Rosemary.

It is alleged that when she returned Theron hugged her mother and apologised, while Maspero strangled Rosemary with a rope.

A number of memorial gatherings were held for Rosemary Theron after news broke of the discovery of her body.

natasha.prince@inl.co.za

Cape Argus

Thieves target student digs over holidays

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Robbers play while students are away, said police in the wake of a spate of burglaries at student residences in Cape Town.

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Cape Town - Robbers play while students are away, said the police on Tuesday in the wake of a spate of burglaries at student residences over the weekend.

Five UCT medical students who live in Rondebosch had a rude awakening in the middle of the night.

A thief broke into their house and got into bed with one student, then covered her face with a pillow while he stole her laptop and cellphone.

Keren Dugmore, one of the victim’s digsmates, said: “She woke up when he walked in. He covered her eyes and told her not to look at him while he scratched around looking for things.”

The intruder went into all four of the students’ rooms, but two slept through the experience.

“He didn’t do anything physical to them,” Dugmore said.

“We hope he doesn’t come back for more.”

The other student was awake when the man broke in at 5am, because she was preparing to write an exam that morning. He put a pillow over her face too, and stole her valuables.

Police captain FC van Wyk said the Rondebosch precinct had 178 flat complexes. Most were occupied by students and elderly people.

“Break-ins at the apartments have been a challenge.”

Van Wyk said, however, that there was no evidence to suggest that students were being targeted, although “the reporting of burglaries increases when students return from holiday”, to find they have been burgled while they were away.

Laptops were the item of choice for burglars, because other electronic devices, such as iPads and smartphones, could be used to track them down.

Flats on upper floors were targeted because there tended to be laxer security than for ground floor flats.

Van Wyk said there was no evidence to suggest repeat offenders “specialised” in digs break-ins, but there was a case of a criminal who frequented campus pretending to be a student.

“He would then walk into the residence and steal from rooms that were left open,” Van Wyk said.

He advised students and other residents going on holiday to make sure outside lights were switched on and off at regular intervals, and to fit locks on sliding windows to thwart thieves who could lift them off their tracks.

chelsea.geach@inl.co.za

Cadet News Agency

Cape Argus

Maqubela sentencing arguments postponed

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Convicted killer Thandi Maqubela’s lawyer has asked the court to postpone sentencing proceedings until February 17.

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Cape Town - Sentencing proceedings against convicted killer Thandi Maqubela were postponed by the Western Cape High Court on Wednesday.

Her lawyer, Marius Broeksma, asked for a postponement until February 17.

“On behalf of the accused, I formally apply for a postponement in the matter to present expert evidence on sentencing,” he said.

He told Judge John Murphy he had been unable to find a clinical psychologist because of the time of year.

Prosecutor Bonnie Currie-Gamwo had no objection to the postponement.

She said that while the trial had taken a long time, she had sympathy for the defence's quandary. Maqubela would remain in custody.

She was found guilty of killing her husband Patrick, an acting judge, on June 5, 2009. Murphy convicted her despite not having conclusive medical evidence pinpointing a cause of death.

He said death from natural causes or suicide was excluded primarily by Thandi Maqubela's conduct, a plethora of lies and her persistence in “irrational subterfuge”, which was wholly incompatible with an innocent person.

The court found Patrick Maqubela's serial adultery had brought the relationship to an explosive point in 2009. He was in a distressed state and confided to others the day before he was killed, on June 4, 2009, that he wanted to divorce his wife.

Thandi Maqubela was also found guilty of forging her husband's will and committing fraud by causing potential prejudice to his estate. Murphy said it was unlikely Patrick Maqubela would have left almost his entire estate to his wife, and disinherited some of his children, when considering the state of his marriage.

Maqubela's co-accused and former business colleague, Vela Mabena, was acquitted on the murder charge because the evidence against him was not as strong.

The State had not proved his involvement beyond reasonable doubt and the acquittal was based on a finding of “not proven” rather than “factual innocence”. - Sapa


Cape transport plan goes ahead

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Over the next five years the City of Cape Town will integrate a transport plan that will link many communities to the CBD.

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Cape Town - Capetonian commuters spent between 40 percent and 70 percent of their monthly income on public transport, compared with the international norm of between 5 and 10 percent.

As a result the city was moving towards an integrated transport plan that would make user access a priority, said Melissa Whitehead, the commissioner of transport for Cape Town.

The integrated transport plan, which was approved by the mayoral committee on Tuesday, will form the basis of the city’s public transport projects and budget allocation for these undertakings for the next five years. And a key issue is continued investment opportunities for the taxi industry.

The city’s negotiations with the taxi industry as part of the roll-out of the Integrated Rapid Transit (IRT) service had been far from smooth, Whitehead said.

Despite a target of December, work on the N2 Express service that will link Mitchells Plain and Khayelitsha with the city centre will start only in July next year. The city said it took longer than expected to get all the relevant taxi operators and associations on board, and more time was needed to train them.

In a report submitted to Transport for Cape Town, Achmat Dyason said on behalf of the Western Province minibus taxi industry: “The manner in which the consultation and ultimately the contracting took place for Phase 1 is a matter that continues to blot the track record of the city and the lessons learnt should be used to promote equity and fairness going forward.”

The city has resolved to do direct, indirect and partial economic impact studies of its transport plans.

The transport plan will be valid until the end of the 2018/19 financial year, but will be reviewed at the start of the 2014/15 period.

Brett Herron, the mayoral committee member for transport for Cape Town, said the plan was the culmination of two years of work.

Once the plan is approved by the full council it goes to the Western Cape Provincial Government and the National Minister of Transport for their sign-off.

anel.lewis@inl.co.za

Cape Argus

Instincts saved biker Pickering’s life

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Adventure tourism operator Brian Pickering has spoken about his escape from a gunman who wanted to shoot him.

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Cape Town - Adventure tourism operator Brian Pickering has spoken about his escape from a gunman who wanted to shoot him in the head and kill him.

“It was pure instinct… as he squeezed the trigger, I kicked out, whipped my head sideways, and the bullet missed my face.”

This was Pickering’s extraordinary tale on Tuesday night, describing the moment on Sunday night when an attacker fired at him at point-blank range.

Incredibly, he was speaking from his home in the country - he was discharged just 24 hours after he was raced to hospital on Sunday night.

Pickering had been at his cottage at the Elgin Grabouw Country Club when he heard taps being turned on behind his home. He went outside to investigate, and faced a man with a gun aimed at him.

“I turned and ran back, and he followed me and fired.” The first shot missed, but the attacker fired again.

“But as he shot I kicked up and threw him over my head,” Pickering explained. The bullet hit his wristwatch, blasting it off his arm, as Pickering fell to the ground.

“But he was on top of me in a split second, and had the gun to my temple.”

And as the gunman fired a third time, his instincts kicked in again - possibly from his experiences with the British Army’s Royal Fusiliers in Cyprus, Malaysia and Borneo, among other war zones.

The bullet hit him in the neck, and exited, missing his throat, spinal column and other vital body parts.

“It’s an absolute miracle. If the bullet had gone centimetres to the left or right it would have gone through an artery,” Pickering said from his stoep, sipping a coffee. “He was obviously a very nervous guy, or an amateur, because if he’d had any kind of training he would have finished me off.”

For a decade, Pickering has been one of three lead motorbike riders for the Untamed African MTB Race. He rides ahead of the field to ensure the routes through the notoriously rugged terrain are clear.

He also assists with the design of the route through the Cape countryside, and owns Nature Discovery Tours.

Cape Argus

‘If they want to live here, they must adapt’

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In Bo-Kaap, property values are up, tour groups stream in, and the community’s fear is simple: gentrification.

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Cape Town - The call to prayer rings out in the Bo-Kaap at 1pm. But it’s business as usual for the tour operators who guide large groups through the streets of one of the oldest communities in the city.

In recent years, the Bo-Kaap has become a sought-after area, both for tourists and for those looking to buy houses within walking distance of the city centre.

Property values have increased, tour groups stream into the area, and the profile of the predominantly Muslim community has changed. Now the fear is simple: gentrification.

Osman Shabodien, the chairman of the Bo-Kaap Civic Association, says the area is protected from an architectural point of view. However, it is the heritage and cultural aspects that must be protected.

“Gentrification is a direct result of the erosion of a community. We can protect the buildings… But it’s no use if we have houses without the people.”

Because of the increase in property values, the average rates bill is between R800 and R1100 a month.

For some, especially the elderly who have been part of the community all their lives, this makes living in the Bo-Kaap unaffordable, says Shabodien. The rates are comparable with areas like Vredehoek, he says, and he feels people who have lived in the area for more than 15 years should pay discounted rates.

Ismael Hartley, 80, the secretary of the Schotschekloof Ratepayers and Residents Association, says there is no meaningful development for the high rates paid.

“There’s no clinic in the immediate vicinity, no centre for the elderly, no swimming pools for the children.”

Hartley says that given the history of the area, the changing profile is nothing new.

He was born in District Six but moved to Bo-Kaap when he married 63 years ago. From a home for affluent Dutch people to one for freed slaves, the area has had a history of change.

What concerns Hartley is that inappropriate business developments, like bars and bottle stores, are creeping in and tourists, who often “exploit” his home, do not benefit the community in any way.

“The buses come with hundreds of people. They enter our private domain, taking their pictures. But the authorities won’t donate one pint of paint for maintenance.”

Resident and tour operator Shireen Narkedien has been in the tourism industry for 19 years. She agrees that the many visitors don’t benefit locals.

“There’s big interest in the colourful houses (and) heritage and the Bo-Kaap is one of the oldest communities and only ‘Malay Quarter’ in South Africa,” she says.

But the problem is that bigger operators refuse to use site guides from the community.

“Locals don’t generate an income from the tourists. It doesn’t translate into rands and cents.”

Another second-generation resident, who asked not to be named, says there are more tour groups than ever before.

She recalls a time when residents were mocked for their colourful homes. “They called it koeksister mentality. They said it was Smartie town. Now it’s the ‘it’ place, and everyone wants to be here, and live here. Tour buses and posh cars are a normal scene now.”

Her parents were born there, as was she. She is raising her children there. “I’ll never sell. This our family home.”

Shabodien says he can only admire those who have not succumbed to the lure of money, and who refuse to sell their properties.

He says people are not averse to newcomers. But those who buy often don’t do research beforehand. The result is that people complain about the five daily calls to prayer. The first is at sunrise, then about 1pm, again at 4pm, at sunset, and about an hour after sunset.

During December, klopse bands start practising. This happens inside houses and on the streets. The children are used to playing soccer and cricket on the streets.

“Bo-Kaap is a noisy place,” says Shabodien.

These activities add to the character of the area, but it is exactly what the newcomers complain about.

Most cars have to be parked on the street and Mercedes-Benzes and SUVs have become commonplace. The newer residents don’t want children playing near their cars in case they damage them.

“Newcomers expect the Bo-Kaap to change to suit their way of life. We’re not creating an Orania. But if people want to stay, they must adapt to the Bo-Kaap.”

Narkedien says new residents become frustrated with the norms. They may spend money renovating, then resell at a profit. The next buyer does the same. This is how the prices are pushed up, making it difficult for long-time residents to carry on living there.

 

An exception to this rule is Ragmah Tofa, 84. Tofa has the kind of arrangement no buyer would be able to duplicate.

She pays R12 in rent to the City of Cape Town each month for her five-bedroom property on a rather trendy looking Dorp Street.

The property is nestled between freshly painted houses, some with very modern finishes.

At the back of her home, where she raised 17 children, is a large yard shared between three households – another luxury in the space-restricted community.

Tofa grew up in Caledon Street, in District Six. This is where she met her husband Allie Tofa. She was 15 and he was 17 when they married.

She and her family moved to Bo-Kaap 48 years ago, in 1965.

But Tofa, who has since been widowed, says she will never move. Under normal circumstances, the pensioner would not be able to afford private rents – which can cost around R9 000 – nor could she pay the R2 million price tag to buy a house there.

Cape Argus

Obiang Jr in hot water over Clifton house

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The Cape Council is taking legal action against the Equatorial Guinea president's son over his R23m bungalow.

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Cape Town - Cape Council officials on Tuesday inspected a Clifton bungalow belonging to the son of the Equatorial Guinea president, bought for over R23 million nine years ago, and said they would be taking legal steps against the absent owner.

The bungalow, with sprawling views over Fourth Beach, was bought by Teodoro Nguema Obiang Mangue in 2004, for R23.5m.

Mangue is also the vice president of Equatorial Guinea, and the Minister of Agriculture. He also owns a Bishopscourt mansion which was purchased in 2004 and left empty. It was put on the market for R35m in 2011.

Equatorial Guinea is a tiny oil-rich former Spanish colony of about 720 000 people.

Per capita income exceeds $50 000 (R506 700) (compared with $43 800 in the US) although the majority of the people live off $1 a day and have no access to basic services like clean water.

Officials visited the bungalow on Tuesday following complaints from the Clifton Bungalow Owners’ Association, which says the derelict house has “lowered the value of the neighbourhood” and is overrun by vagrants and rats.

Officials said the building would be declared unfit and that Mangue would receive a Problem Building notice.

“It’s abandoned, unsightly, there’s no running water and it’s attracting vagrants and unlawful activities,” said City of Cape Town official Baqgio van Niekerk.

Wayne Aldridge, the building inspector who has been in charge of the case, said Mangue would be issued a notice of intention giving him seven days to motivate why his home should not be placed on the problem buildings list. Should Mangue fail to comply he would be taken to court and ultimately the council could renovate the house at Mangue’s expense or demolish it.

According to Emma Fonzari of the Clifton Bungalow Owners’ Association, a complaint was lodged three years ago regarding the dilapidated state of the house, and it was then placed on the problem building list.

However it was consequently removed after Mangue’s attorney in Pretoria wrote a letter promising renovations, an upgrade and a security guard.

Neighbours are adamant that none of these issues have been addressed. However, there was a security guard there when the Cape Times arrived on Tuesday morning. He said he had not seen any sign of vagrants on the property.

Inside, the paint was peeling, ceilings had caved in and electrical wires were exposed, and there was dirt strewn around the rooms. The security guard, who said he had been at the bungalow since March, said: “If you look inside, it is clear the house should be knocked down.”

 

l In a 2006 Cape Town court case, Mangue was sued for outstanding debts to various people in South Africa seeking the attachment of some of his properties and assets. In the court case it was revealed that Mangue owned three luxury cars worth R10m and properties valued at R49m in Cape Town.

Earlier last year, police in Paris seized Mangue’s $180m five-storey pied-a-terre in Avenue Foch regarding a corruption investigation involving his father, Teodoro Obiang Nguema Mbasogo.

Mangue has also been resisting attempts by the US administration to seize some $71m worth of his assets, denying charges that they were obtained with funds allegedly obtained corruptly from his country.

US authorities in 2011 filed a bid to seize a $30m Malibu, California, ocean front home, a $38.5m Gulfstream jet, a Ferrari worth more than $500 000 and dozens of items of Michael Jackson memorabilia worth almost $2m.

They argued that Mangue had obtained the items with money taken corruptly from his impoverished country through a variety of alleged schemes, including requiring companies to pay so-called taxes and fees to him as well as make donations to pet projects.

amy.mcconaghy@inl.co.za

Cape Times

District Sixers in row with ex-adviser

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A rift has developed between a group of District Six land claimants and their former adviser and traditional leader, Tania Kleinhans.

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Cape Town - A rift has developed between a group of District Six land claimants and their former adviser and traditional leader, Tania Kleinhans.

Seven women, who made headlines in July when they invaded government-built homes in District Six, have accused Kleinhans of swindling them out of R750 each.

They have also accused her of compromising their legal appeal against eviction and of holding on to personal documents, which prove they are former District Six residents.

Mario Wanza, of the re-launched United Democratic Front, is supporting the women and earlier this week used the platform to circulate press releases outlining the allegations against Kleinhans.

“The money should have gone to legal fees, but there is no proof this has happened. Kleinhans failed to arrive at court on the day an appeal against the eviction was to be heard. Permission for leave to appeal was thus reversed,” Wanza said.

On Wednesday morning, Kleinhans said Wanza was misinformed. She added R750, the amount paid by each claimant towards legal costs, was a negligible amount, considering what attorney fees in the High Court amounted to.

Kleinhans intends suing Wanza for defamation and threatened civil suits against media who republish the women’s “baseless allegations”.

Kleinhans, secretary-general of the Institute for the Restoration of the Aborigines of SA, said the women accusing her of fraud had duped her into believing they had proof of being former District Six residents.

Kleinhans will lead a march on Parliament on Wednesday to hand over a memorandum on behalf of former residents.

Cape Argus

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