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Last-minute bid to stop march

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The City of Cape Town has applied for an urgent interdict to stop a planned but illegal march of thousands on Friday.

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Daneel Knoetze, Yolisa Tswanya and Zodidi Dano

Cape Town - The City of Cape Town is braced for “unprecedented levels of violence” in the central city should a planned but illegal march of thousands take place on Friday.

Organisers of the march on the provincial legislature – in protest against poor services and housing – have reportedly been mobilising people from as far afield as Paarl and Stellenbosch.

Cape Town Informal Settlements Leaders say they want to prevent people from going to work by blockading transport hubs, and want to bring thousands of people into the CBD for a three-day sit-in, starting on Friday.

This information was handed to Western Cape Premier Helen Zille by State Security which has been gathering intelligence on the march organisers’ mobilisation process for weeks.

It is also the first indication that reports of a huge number of people descending on the city centre on Friday are not empty threats.

“There is every indication, judging by this intelligence, that the march will be violent,” said Zak Mbhele, Zille’s spokesman. “The premier has warned mayor Patricia de Lille and has handed this intelligence to (the mayor’s) office as well as to the police.”

The city has denied the protest organisers a march permit, and late on Wednesday the city’s lawyers applied for an urgent interdict in the Western Cape High Court to stop the protest.

The court is expected to rule on Thursday.

Cape Town mayor Patricia de Lille tweeted: “The city is taking the threats seriously and we are seeking an urgent interdict.”

De Lille said the march organisers had been refused permission to hold the protest, after the authorities, who included the police, “did not approve their application due to credible evidence received under oath indicating that such a gathering could result in a serious disruption to vehicular and pedestrian traffic; injury to persons; and possible damage to property”.

De Lille said the city had become aware of “serious threats of unprecedented levels of violence” should the march take place. “The organisers of this illegal protest have vowed to proceed with the demonstration despite the fact they have not obtained a permit as required by the National Gatherings Act… the city has pursued the interdict as a last resort to avoid a repeat of the violent incidents that unfolded during a protest organised by the same group a few weeks ago.”

This came just hours after a meeting on Wednesday, between the march organisers and Human Settlements MEC Bonginkosi Madikizela, broke down after running nearly two-and-a-half hours over time. Madikizela confirmed that the parties were no closer to reaching a consensus on the group’s “vague” demands.

Last month’s protests, which deteriorated into rioting and looting, followed the presentation of a memo to Madikizela calling for him to make government land available for housing, and to allocate sites.

The protesters, who hail from informal settlements and are being organised by former city councillor Andile Lili and suspended councillor Loyiso Nkohla, claim that Madikizela has failed to respond to their demands.

Nkohla and Lili gained notoriety for orchestrating a number of protests over poor sanitation which have included the dumping of raw sewage at government buildings and on public roads.

After receiving the memo last month, Madikizela said he acknowledged the “legitimate concerns” of people who did not have houses. In a statement, he said that he had been willing to engage on these grievances and that he did in fact respond to the memorandum. But the MEC also complained about the “vagueness” of the memorandum.

Wednesday’s meeting was intended to bring the MEC and the march organisers closer together. The Human Settlements Department made a presentation to show what it had done in terms of housing delivery over the past four years.

“In spite of the many challenges we face, including ongoing internal community conflict, limited land for relocation, and ongoing contestation for houses, the department has used its entire budget each year since 2009 to deliver over 110 000 housing opportunities in order to cater for the different housing needs that exist,” Madikizela said.

Nkohla, who represented Cape Town Informal Settlements Leaders at the meeting, dismissed Madikizela’s presentation. He said that it was focused on the past and did not address some of the protesters’ key concerns about the future of housing and land allocation. Friday’s march, he said, would go ahead.

There seems to be confusion over how the march organisers plan to transport thousands of supporters into the CBD. At last month’s march, which was legal, Metrorail made a special concession for the 6 000 protesters to travel at lower tariffs.

But Metrorail chief executive Mthuthuzeli Swartz said on Wednesday: “Unlike before, we have not had any application for a similar concession for Friday. There will not be any concession for the marchers.”

However, Sithembele Majova, spokesman for Cape Town Informal Settlements Leaders, said Friday’s marchers would come to town by train.

“Metrorail is used by us poor people and that’s why we are demanding that they transport us.”

Meanwhile law enforcement agencies have declined to divulge their plans for containing the march.

Police spokesman Captain FC van Wyk said the police were prepared to “act decisively” to prevent criminality.

JP Smith, mayoral committee member for safety and security, said contingency plans were in place to ensure that the marchers did not reach the CBD.

Shop owners and stallholders have been warned to close up on Friday to avoid possible looting.

“We are advising all shops to close down because we don’t want to be held accountable when it comes to looting,”said Sibusiso Zonke, one of the protest organisers.

During last month’s protest march to the provincial legislature, a breakaway group of protesters ran down St George’s Mall and into Greenmarket Square and Adderley Street, smashing windows and looting stalls.

The protest organisers claimed opportunistic outsiders were responsible.

Xolani Dwyili, another organiser, said: “I feel sorry for their loss, but Premier Helen Zille should be held accountable for that. Our marchers spent the whole day seated at the legislature’s office and did not leave.”

Dwyili said it would be better if shops and stalls closed on Friday and then no looting could take place. “The ball is in their court, but we have advised them,” he said.

Gloria Luabeya, who sells bags and African crafts in St George’s Mall, said her and her sister’s stalls had been robbed of goods worth R25 000.

“We are going to close because last time they took stuff; we were so scared – we feared for our lives. We won’t take that risk again.”

Snack stall owner Ishmael Hussain-Sharief said he would close shop only if he felt threatened. “The police have not given us any letters to close, but if we do see (protesters) we will close,” he said.

daneel.knoetze@inl.co.za

Cape Argus


Row after Cape air show cancelled

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A row has erupted over the SAAF's decision to pull the plug on Cape Town's "Wings and Wheels Air Show".

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Cape Town - A furious row has erupted over the South African Air Force’s decision to pull the plug on Cape Town’s Wings and Wheels Air Show, with the local aviation fraternity claiming political interference as the root cause.

The air force announced on Wednesday that the air show, which was set to take place at the Ysterplaat Air Force Base next weekend, had been cancelled and since then, the aviation website, Avcom, has been abuzz with many calling the air show saga a “knee-jerk reaction after the Guptagate” fallout.

But the air force defended the move on Wednesday, claiming safety concerns and procedures as the main culprit.

“The compliance to pertinent security measures and planned arrangements that are underpinned by approved regulatory policies and standard operating procedures is indispensable for staging such a major activity on the Air Force Base,” it said.

Major-General Wiseman Mbambo, the General Officer Commanding Air Command, said that after a due diligence review of the arrangements for the show, and several attempts at corrective action, the air force command found it “difficult to reconcile the planned show with the air force’s vision and strategic outcomes”.

He said in line with government initiatives, the air force earlier this year instituted austerity measures, which included the scaling down of air shows.

But sources close to the event organisers said they were not buying it.

One exhibitor, who did not want to be named, said event organisers had obtained prior permission from the police who had earlier approved the safety and security plans for the event.

Others claimed that, up until a week ago, air force headquarters were still on board despite minor changes being suggested. “This just does not make any sense, and it appears as if politics are at play,” he said.

Speaking (unofficially) on behalf of aviators and organisations, the managing director of Sky Messaging, Thomas Kritzer, said it was unfortunate the show has been cancelled with such little notice being given.

“A lot of companies, organisations and other participants had made plans to partake at the event, dedicating time and resources, such as the hiring of staff and equipment. In addition, cancelling such an event could be seen as a nail in the coffin for general aviation, which needs to be brought further into contact with the general public,” he added.

Kritzer said if the rumour mill about political interference was true, then the cancellation of the show was indeed a great pity.

“If it is true that political meddling is the root cause of the cancellation, the motives behind this are questionable and should be investigated. Politics and aviation have historically never fared well together. Politics and ulterior motives should never mingle with general aviation,” he said.

Patrick Davidson, a pilot from Port Elizabeth, who was set to bring his nearly 70-year-old P-51 Mustang fighter, which saw service during World War II, said he would likely never take part in the event again.

“It would have been the first time since World War II that a P-51 Mustang had flown in Cape Town or the Western Cape. My aircraft burns about 200 litres of avgas (aviation fuel) an hour, so cancelling the event is a massive bugger-up.”

The Western Cape government also entered the fray, saying it was concerned about the allegations regarding the cancellation.

Finance, Economic Development and Tourism MEC Alan Winde said the air show was one of the province’s premier family days. “We are highly concerned about the allegations regarding the cancellation of this event and will be looking into it.”

warda.meyer@inl.co.za

Cape Argus

Mitchells Plain Hospital under fire

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Patients and staff at the new “state of the art” Mitchells Plain Hospital say the medical services at the facility are a disaster.

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Cape Town - A few days before his admission to hospital Graham Adams, 73, chairman of the Mitchells Plain Cricket Club, played cricket with other club veterans, and watched his grandchildren play.

The following Monday he got up early to go to work at Ozone Toners where he was a sales manager.

But the next day he wasn’t feeling well and his doctor diagnosed pneumonia. He was admitted to the new Mitchells Plain Hospital.

Eight days later he was dead.

His family is one of the two who have lodged grievances with the hospital management, saying it might be a beautiful hospital, but the service does not live up to the surroundings.

The provincial Health Department has acknowledged that the hospital, which has been open for some months but which was officially opened last week, was experiencing “challenges” as it went through its commissioning phase.

But the Adams family and that of Nazier Smith, 39, also from Mitchells Plain, allege that the hospital lacks appropriate medical infrastructure and staff, resulting in poor treatment of patients.

Adams, of Westridge, who served on the Western Province Cricket Board, was transferred to Groote Schuur Hospital where he died of septicaemia last month.

His family believe that his death could have been avoided had he been treated properly at Mitchells Plain. They said he was given neither oxygen nor fluids in the four days he was admitted. Nurses allegedly failed to feed him, claiming that feeding assistance was not indicated in his folder.

His daughter Andrea Croy said: “None of us expected his death at all. When he was admitted he we thought it was just a cold because he was a very healthy man.”

Smith, who is recovering in Groote Schuur, was admitted to hospital with a bowel obstruction at the beginning of this month. His family also blamed his deterioration on the treatment he received at Mitchells Plain Hospital.

His sister Nazley Abrahams accused medical staff of gambling with his life by performing three major surgeries in a space of a week without putting him in a high care unit. The last operation lasted about eight hours.

Mark van der Heever, spokesman for the provincial Health Department, confirmed that the hospital management was investigating the two complaints. He linked the problems to the fact it was a new facility employing staff from other hospitals where procedures could have been different.

Abrahams said a hospital should not operate while staff and procedures were still getting up to speed because this compromised service.

She said it was not appropriate to send someone who had just had an eight-hour operation back into a general ward.

Abrahams dismissed claims the new hospital was a world-class and state-of-the-art facility.

Apart from staff shortages, she said it lacked essentials such as phones, bedside bells and cellphone reception.

“When I wanted to speak to my brother’s doctor, nurses told us that they couldn’t call him because they had no access PINs for the phones… they could make calls only from the emergency unit. I couldn’t even use my own cellphone because there was no reception. How do you run a hospital like that?”

Medical staff, who spoke on condition of anonymity, confirmed an inadequate service, accusing the department of poor planning.

There were critical staff shortages. The 60-bed medical unit was overflowing, they said, and last Tuesday had 130 patients.

The unit, which catered for similar patient numbers to the old GF Jooste’s medical ward, high-care unit and carnation ward, had about half GF Jooste’s staff.

While GF Jooste’s unit served just over 100 patients with three specialists, four registrars and four interns, the new hospital had one specialist, two registrars and two interns.

One doctor described medical services at the new hospital as a disaster.

“People are dying. The overflow is so bad that adult patients are being treated in a paediatric ward, which is supposed to treat children, he said.

“How they expect fewer staff to do so much more is just beyond me.

“In theatre telephone lines are not connected… how can you expect medical teams to function in such as set-up? This is a brand new hospital in the middle of Cape Town, but the way it’s run it’s like we are in Matatiele in the Eastern Cape.”

The doctor accused the department of cutting back on the hospital because it wanted it run as a level one or district hospital.

Democratic Nurses Organisation of SA (Denosa) has raised concerns about the critical shortage of medics.

Provincial secretary Bongani Lose said: “Nurses and doctors will be blamed for problems that are not of their own making. The provincial government must act fast to resolve the critical staff shortages before it becomes a crisis.”

Van der Heever said the paediatric was being used for adults was a temporary measure until the full maternity service was commissioned.

“As the full obstetrics and gynaecology service will only be commissioned in 2014, the postnatal ward is being utilised to accommodate the overflow of medical patients until carnation ward is opened at Lentegeur Hospital.”

Van der Heever said the carnation ward beds, together with those in the emergency centre and Heideveld community heath centre, which was being revamped, would provide additional capacity once GF Jooste closed in March.

He acknowledged that the hospital had limited cellphone connectivity due to its design, but the major cellular networks had been asked to tender for additional reception boosters.

He denied an allegations that staff had no access PINs for the phones.

sipokazi.fokazi@inl.co.za

Cape Argus

Serial rapists’ judgement enters day 2

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Judgment is set to continue in the case against a a taxi driver and his tout who randomly selected commuters to rape and rob.

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Cape Town - A taxi driver and his tout who randomly selected commuters to rape and rob at gunpoint havebeen convicted of some of the crimes committed more than six years ago, with judgment set to continue in the Cape Town Regional Court on Thursday.

Magistrate Lulumile Mdoda started delivering judgment in the case against taxi driver, Peter Andrews and Tony Myburgh, on Wednesday.

The men were charged with 20 counts of rape, attempted rape, indecent assault and aggravated robbery for terrorising commuters who got into their taxi en route from Bellville to Cape Town in June 2007.

In some instances the men drove off the specified routes and parked at secluded areas including a cemetery, Goodwood Sports grounds and the shooting range at De Waal Drive to rape and rob their victims.

By end of the court day on Wednesday, Judge Mdoda was only midway through his judgment.

He had revisited the evidence and convicted the pair of some of the charges relevant to them.

One woman who was raped by Andrews on June 23, 2007, has since died in a car crash.

So far, Myburgh has been convicted of three counts of rape, two of aggravated robbery and one of indecent assault and Andrews has been convicted of two counts of rape, one of attempted rape, and two of aggravated robbery.

The court heard one woman boarded the taxi on June 14, 2007 at about 11am. She testified that Myburgh instructed Andrews to drive to Durbanville and threatened her at gunpoint to keep quiet.

Soon afterwards the taxi stopped at a Caltex garage, Myburgh reached for the woman’s bag and took R20 and gave it to Andrews for petrol.

They then drove to De Waal Drive parked there and told the woman to undress before taking turns to rape her.

Their DNA linked them to the crime, the judge said. Three hours later, they dropped the woman in Strand Street.

Judge Mdoda said previously that in many of the instances the women were single witnesses and that their evidence should be treated with caution.

But he found them to be reliable and able to give a clear, detailed account of what happened to them. The DNA tests results also corroborated their version.

“It happened during broad daylight. She was very close to them when they were on top of her and as such she had enough opportunity to observe them.

“The (De Waal Drive) complainant was a very strong, positive and confident witness,” Mdoda said.

Judge Mdoda said Andrews was a passive participant as he drove the vehicle, took pictures of one victim and complied when Myburgh told him to rape the women.

The men were acquitted of the aggravated robbery of their first victim because she did not come to court for cross-examination and also of the robbery of their only male victim.

Judgment will continue on Thursday.

jade.otto@inl.co.za

Cape Argus

Guesthouse at centre of Camps Bay storm

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Camps Bay residents believe a guesthouse’ss alterations to the flow of a mountain stream resulted in damage to their properties.

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Cape Town - Camps Bay residents believe a guesthouse neighbour’s alterations to the flow of a mountain stream resulted in damage to their properties after last week’s heavy rains.

Now they believe the owner should be held liable. The owner has declined to comment.

Last week the Cape Argus reported on the damage caused by water to properties in Bakoven and Camps Bay

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Chris Willemse, chairman of the Camps Bay Ratepayers and Residents Association, said the area had been inspected because the systems in place should have been able to deal with the volume of water caused by heavy rains.

“Our inspection revealed that the river had been dammed, allegedly by the owner of the Ocean View Guest House (erf 1340), with a wall about three metres high. This block and stone wall, with a few 110mm diameter relief pipes, was built in the river corridor on erf 1341 Camps Bay, which is zoned as city-owned public open space,” said Willemse.

“The dam wall failed in the storm and it can only be assumed that a wall of water swept down on to the culvert, well beyond its design parameters.”

Willemse said no building plans existed for any construction on the council-owned erf. He said the wall contravened the National Environmental Management Act regulations for construction and excavation within 32m of a watercourse and within 100m of the high-water mark of the sea.

He also believed that construction of the dam and other illegal work to create visual water features contravened the local zoning scheme regulations, the National Building regulations and Building Standards Act.

Willemse said the association was prepared to lay charges against the guesthouse owner if necessary.

“Citizens of Cape Town are paying for a massive operation to repair the damage and if it can be attributed to the owner of this property, the owner must be held responsible.”

Belinda Walker, mayoral committee member for community services and special projects, said the city was aware of the matter and had asked the provincial Department of Environmental Affairs and Development Planning to investigate if the property owner had broken the law.

Walker said the provincial department had fined the guesthouse R475 000 for unlawful activity.

“The city is also assessing what measures will be required to rectify the situation. We are considering various options, including the removal or alteration of the illegal structures in and around the river.”

Mushfeeqah Croeser, spokeswoman for the provincial department, said there was no environmental authorisation for the wall.

The department would investigate the matter.

Katrin Ludik, general manager of Ocean View Guest House, said the matter was a complex issue and did not wish to comment on it at this stage.

neo.maditla@inl.co.za

Cape Argus

Charmaine’s skull not fractured, court hears

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A pathologist has disproved Johannes de Jager's claims that Charmaine Mare died after hitting her head in the bathroom.

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Cape Town - Slain teenager Charmaine Mare did not have any skull fractures, a pathologist told the Western Cape High Court on Thursday.

“In the absence of any skull fractures, haemorrhages or injuries, I'm of the opinion that no fatal head injury occurred,” Dr Celeste de Vaal said.

She was testifying in the trial of 48-year-old Johannes Christiaan de Jager, who has pleaded not guilty to murdering 16-year-old Mare in January this year.

He previously explained that he dismembered Mare's corpse in a state of panic after an accidental fatal fall.

He said he grabbed Mare's arm, she slipped on a bath mat or lost her balance, and fell against the rim of the bath.

She apparently lost consciousness and he could not find a pulse on her neck.

He could not remember whether her head or another part of her body made contact with the bath.

The teen's torso was found burned in a field in Kraaifontein. Her lower legs and arms were found in separate locations and were in a state of decomposition but not burnt.

De Vaal conducted an autopsy on Mare's torso on January 15 and on the dismembered limbs two days later.

Romay van Rooyen, for the State, asked her whether there were injuries to suggest Mare had knocked her head.

De Vaal testified that there were no skull fractures but it was impossible to make a finding regarding the soft tissue of the head.

“In blunt injury, you usually see an amount of deep scalp bruising. Unfortunately, in this case, you cannot exclude there might have been an injury because it was charred.”

She could not exclude the possibility of a minor injury which might have caused Mare to lose consciousness.

However, it was her experience that the more severe the injury to the skull, the quicker the death.

Mare's neck showed no fractures and the left thyrohyoid muscle was darker in colour.

Van Rooyen asked if this could have been as a result of a hand pressing the neck.

“It cannot be excluded. It is a possibility,” she replied.

There were no signs of internal pathology or disease and De Vaal concluded that death was due to an unknown unnatural cause.

She said Mare was not alive when her body was burned because there was no soot or injuries in her airways and the carbon monoxide levels in her blood were the same as an urban dweller.

Sapa

Decomposing bodies fished out of swamp

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Police divers pulled the decomposing corpses of two alleged mob justice victims from a swamp in Cape Town.

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Cape Town -Police divers pulled the bodies of two kidnap victims from murky waters, where they had remained unseen for a month.

The decomposing bodies are believed to be those of missing men Thembani Mnyamane, 27, and Sisa Walaza.

The duo were among five men who were caught and beaten by a mob who accused them of breaking into Samora Machel homes.

On Wednesday, a month of searching for the men, who were thought to be in prison, came to an end - and it was all sparked by the discovery and identification of another corpse.

Last Friday, the body of an unknown male found on the banks of a swamp on October 10 was finally identified by relatives as that of Mcebisi Bobozayo, 20. Mcebisi was the cousin of Thembani.

Mcebisi’s corpse had been found about 100 metres away from where Thembani and Sisa were found on Wednesday in a swamp in Driftsand, near Mfuleni.

Mcebisi’s brother Mbongeni Bobozayo, 33, says he did not even know his boet was missing until last week Monday.

“From what I hear, he went to his cousin’s house that night and found a group of men there beating him (Thembani) up,” he says.

“Mcebisi was grabbed and also accused of being a part of this group that breaks into houses.

“He was thrown into a van that belonged to one of the men who claimed to have been robbed.

“By then the police were there and they were taken away.

“That was the last time anyone ever saw him.

“I started searching frantically for him (last Monday), in hospitals and I finally found him at Tygerberg Mortuary.”

Police spokesperson Captain FC van Wyk says the first corpse was found by a man who was cutting wood in the area.

“The deceased was taken to the mortuary but he has been identified by his family as one of the victims,” he says.

“And on Wednesday, bodies (skeletons) of two men were found dumped and covered with branches of trees in a swamp.

“Nyanga detectives managed to locate the bodies through the use of technology.”

Thembani’s family tells the Daily Voice although they are relieved his body has been found, it could still be a long time before their attackers are brought to justice.

His brother Anele Mqoboli, 26, says: “A day after he disappeared his landlord came to me and told me one of her other tenants witnessed Thembani’s kidnapping.

“I went to this man and he told me Thembani was woken up by a group of men who told him he had been fingered as a suspect in the housebreakings.”

The witness claims by the time Thembani was picked up by the mob, there were already two badly beaten men sitting in the back of the van with tyres around their necks.

“He said that the van and another car were escorted by police out of the area and he assumed they were being taken to the police station.

“I did not go to the police station because I told myself Thembani was older than me, he knew what he was doing and prison was nothing new for him,” he adds.

“He would call me from Pollsmoor if he got bail, but I never got the call.”

However, Anele says a few days later there was talk in the township that a group was bragging about killing three men and disposing of their bodies.

“I did not take it seriously until I heard it myself. Then on October 30, I went to the police station to report it,” adds Anele.

“There they told me they would open a kidnapping case until the bodies were found.”

Anele then carried out his own investigation and tracked down a man who was part of the mob that attacked his brother.

“I then managed to get hold of one of the guys who were present at the beating and begged him to come and tell our family where my brother was,” Anele explains.

“I told him that all I wanted was my brother’s body. People get beaten to death all the time here, but their bodies are left behind so that the family can bury their dead - but they were denying us that.

“They were arrested and I was shocked when I heard they had been released after just two weeks in prison.”

Captain van Wyk adds: “One suspect, a 36-year-old man, appeared in Athlone Magistrates’ Court and remains in custody until December 2, where he will re-appear for bail application.

“The arrest of two more suspects is imminent. The two men were arrested after the incident was reported in October. They appeared in court but the case was withdrawn due to the lack of evidence.

“Some of the charges the suspects will face are of kidnapping and murder.”

Daily Voice

Sex crimes in Atlantis on the rise

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A woman narrowly escaped a rape attack on the same spot where a community had formed a human chain just hours before.

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Cape Town - A woman narrowly escaped a rape attack on the same spot where a community had formed a human chain just hours before in an anti-abuse protest.

On Tuesday afternoon, activist and councillor Barbara Rass, together with rape victims and concerned community members, held the ceremony and joined hands in solidarity at the Robinvale Hall, Atlantis.

Just hours later, Barbara was approached by a 26-year-old woman who escaped from the clutches of a man who attempted to rape her outside the hall.

The woman had been walking to work when the man apparently began following her and grabbed her from behind before forcing himself on top of her.

Barbara says the area is a hotspot for stalking and rape.

“This woman knocked on my door at 6am on Wednesday,” says Barbara.

“Her eyes were wide with shock.

“She said she was walking on the same spot where the human chain was hours before.

“This man began following her and she said he also followed her the week before. She said he grabbed her from behind and she managed to break free.”

Barbara then alerted police and soon the man was taken into custody.

“The victim was inside the van and showed police who he was. He was arrested.”

Barbara says the 16 Days Of Activism For No Violence Against Women and Children seems to triggered an increase in sex crimes.

“I am appealing for police to be more vigilant in that area [Atlantis] because women are being stalked,” she adds.

Daily Voice


Girl, 11, raped after surviving heart surgery

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An 11-year-old girl who survived major heart surgery is now battling to cope with her brutal rape.

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Cape Town - An 11-year-old girl who survived major heart surgery is now battling to cope with her brutal rape at the hands of a teen.

Cops say they have taken a teen into custody over the sex attack on the brave little girl.

For two years, the frail little girl called a hospital ward home after she suffered heart failure.

Surgeons performed numerous and dramatic operations on her young heart to repair damaged valves.

She was learning how to live with her fragile heart.

Now barely three years later she has another battle to fight after a total stranger allegedly dragged her from a family function in Witsands, Atlantis, before raping her.

Pointing to the scars on her daughter’s chest - a reminder of the operations - the mother says her daughter was in Red Cross Children’s Hospital for two years.

And that doctors warned her daughter not to exert herself in anyway because of her condition.

“She was at the hospital from 2007 to 2009,” explains the mother.

“Those scars are because they had to repair the valves and pipes transporting blood - she had heart failure.

“The doctors said she must not put strain on her body or work herself up and now this has happened.”

The mother says her family were hosting a cultural feast at their home when the child was approached by the teen.

“I didn’t know him and I never saw him before, although he lives in the area,” she says.

“He came and he said he loves my daughter.

“I thought that was very strange because he was older and didn’t even know my daughter.”

She says no one noticed when the 16-year-old took her from the party.

“He took her away without my permission,” says the angry mom. The girl says the boy dragged her to a house next door where he kept her for hours.

“He covered my mouth and forced himself on top of me,” she says.

“He said if I tell anyone, he is going to kill me.”

The mom says the girl returned shaken after 2am.

“I immediately called the police and the boy was arrested,” she says.

“I want that boy to rot in jail.”

She says she now fears for her daughter’s health.

“Now when my daughter remembers [the attack] and what happened, her eyes roll back in her head.”

Police spokesperson Captain FC Van Wyk confirms that the teenager has been arrested.

Daily Voice

Cape Town in toll documents dispute

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The City of Cape Town is no closer to finding out what motorists are expected to pay should e-tolls be implemented.

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Cape Town - A “haystack” of documents involving the N1 and N2 toll roads project has brought the City of Cape Town no closer to finding out what motorists are expected to pay in toll fees.

In May, the Western Cape High Court put a temporary stop to the R10 billion project.

It also ordered that the SA National Roads Agency Limited (Sanral) hand over certain documents, including a toll strategy report and a financial analysis report.

Now, six months later, the city is expected to again approach the court because of a dispute over documents.

It is expected to approach Deputy Judge President Jeanette Traverso in chambers on Wednesday afternoon for a procedural directive to resolve the ongoing dispute.

The city believes the public is entitled to a full disclosure of the financial implications of the project, such as how much it is going to cost, its viability and what motorists will pay in tariffs.

The city’s attorney, Cormac Cullinan, said that so far they’d been piled with a “haystack” of information, most of which was irrelevant.

Some of the information was merely “pages and pages” of data that had to do with traffic numbers.

Cullinan said they received dozens of files on Wednesday. In a statement by the city’s mayoral committee member for transport Brett Herron, he said their attorneys received 48 files from Sanral.

He attributed the “sudden arrival of documents” to the fact that the parties’ had a court meeting today.

Cullinan said: “What we want is the information the decision-makers would have had, none of which has been made available to us. We’re yet to get financial information such as how much the toll project is going to cost and what people are going to pay. We say that information had to have been before the decision-makers otherwise they would not have been able to make a fully-informed decision.”

Another point of contention was that Sanral had withheld certain documents it considered to be confidential.

According to Herron, these included bid documents of the consortium selected as the “preferred bidder” for the 30-year concession contract to operate the toll roads.

Sanral’s plan is to toll sections of the N1 and N2 highways in the Winelands.

While the court’s interim interdict has for now prevented any agreement relating to the declaration of the toll road project from being concluded, the city is ultimately seeking a judicial review of the decision to declare the highways toll roads.

The review, the preparation for which the city’s lawyers require the documents, is yet to come before the court.

“The city believes that the people of Cape Town and surrounding areas are entitled to a full disclosure of the financial implications of the proposed N1/N2 Winelands toll project,” Herron said in his statement.

“The city will make every effort to ensure that this happens and to avoid the situation being experienced in Gauteng, where the financial impacts on the public were only revealed after the toll roads had been constructed.”

leila.samodien@inl.co.za

Cape Times

Ex-Fidentia man ‘may be in SA’

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An apparent Fidentia whistle-blower who was previously believed to be overseas may be hiding in South Africa.

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Cape Town - An apparent Fidentia whistle-blower who was previously believed to be overseas and who owes the curators in the matter nearly R10 million may be hiding in South Africa, one of the latest curatorship reports says.

Hendrik Roelof Bam, briefly a director of Fidentia Asset Management, is being sought. Fidentia was placed under curatorship in 2007. The curators, Dinesh Gihwala and George Papadakis, are required to file regular reports on Fidentia’s financial affairs.

A report from them to the Western Cape High Court dated June last year did not mention Bam’s whereabouts, but another report at the end of last year said Bam had emigrated to Australia.

However, a recent report on the status of the curatorship as of July 31 this year then said: “It appears that Bam has not actually left the country and is ‘hiding’ somewhere. Efforts are being made to locate his whereabouts.”

According to a judgment from May last year ordering him to pay the curators about R9.8m, Bam had obtained shares in Fidentia, then sold them and was paid with money that had allegedly been stolen. Bam became the director of Fidentia on June 1, 2003 and resigned on August 11, 2003.

The judgment said: “(Bam) said that the weekend before he signed the sale of shares agreement, he went to his office at Fidentia at the insistence of his wife, who suggested he gather some evidence of suspected wrongful conduct within the Fidentia group.”

It said that after his resignation and despite suspicions that directors in the Fidentia group were committing fraud, Bam “continued to accept payment… for his shares”.

“It was only after he received all the payments that he allegedly blew the whistle,” the judgment said.

“At the time when the payments were made to (Bam), the unlawful action of paying (Bam) with investor funds may not have been known to him, but on his own evidence he knew by April 2006 that there was theft of investor funds, yet he continues to refuse to return the money paid to him.”

By the time Fidentia was placed under curatorship in 2007, four of its trusts had allegedly lost more than R1.3 billion in investments. To try to recover the money, Gihwala and Papadakis sold assets and some of this money was given to the funds’ trustees, who paid it to beneficiaries.

Earlier this year, former Fidentia head Arthur Brown was fined R150 000 (three years) by the Western Cape High Court after being convicted of two counts of fraud. He paid the fine. The Supreme Court of Appeal granted the State leave to appeal against the sentence.

The curators’ report said the appeal would probably be heard before June 30.

caryn.dolley@inl.co.za

Cape Times

‘My son is just another statistic’

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Thelma Maritz, mom of Trevor Maritz who was stabbed to death, says she will never be at peace until she finds justice.

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Cape Town - The taking of a child’s life is the greatest insult possible, says Thelma Maritz, the mother of Trevor Maritz, 16, who was stabbed to death, apparently by burglars, in his bedroom in Eerste River two years ago.

 Last week, Donovan Rich, 37, and his stepson, Abdullah Cassiem-Londt, 23, were acquitted of murder and aggravated robbery.

On Wednesday, Maritz, for whom the court case did not bring closure, said: “I don’t think my life will ever be the same. The reality of his death is still so unreal. Just last week I woke up calling out his name, it was like he was there and that I could sense him.”

But during this period of 16 Days of Activism for No Violence Against Women and Children, Trevor was “just another statistic”.

“This year it was particularly hard for me,” she said. “He would have been 18 and finishing his matric now.

“We spoke about buying him a car.”

With tears spilling down her cheeks, she added: “You can’t get over something like this.”

Maritz vividly remembers July 8, 2011, the day Trevor died.

It was a Friday during the school holidays, and she had gone to work, leaving the 16-year-old at home. But when she tried to call him the phone at their Eerste River home went unanswered.

Trevor was not at his grandmother’s or aunt’s home and he was not on the sportsfield. When Maritz arrived home she noticed the gate was open, but the doors were locked.

“My bedroom window never closed properly, so I tried to open it from outside. I then moved the curtain and saw my bed and room was in a mess. I immediately knew that he must be inside.”

Feeling frantic she phoned ADT security who called the police.

“They told me to stay outside while they went in.”

Trevor was found in his bedroom with multiple stab wounds.

Maritz went into a deep depression and later saw an occupational therapist. The family has since moved to Pinelands to get away from all the memories. “I made a memory box with some of his things.”

She removed various items including deodorant, aftershave, a wallet, school diary and photo album and placed them on the coffee table.

“This was his first real man aftershave. I also have his primary school tie,” she said holding it up.

“I made a photo album and just took everything I could find and held dear and placed it in this box.”

Maritz said Trevor always talked about being an entrepreneur like his dad.

“But after a school camp in April 2011 he had more perspective on what he wanted to be. They were asked to write a letter on what they wanted to have achieved by matric, and they were supposed to open it this year. And in it he wrote that he wanted to be a counsellor.”

The heartbroken mom said she would never find peace if she didn’t do all she could to find justice.

“How do you find closure?

“I still hope that there is somebody out there, a witness perhaps, who will come forward.

“If you are a parent, how do you sit back and say nothing?”

She said she was never happy with the full investigation.

“The murder weapon was there, but no fingerprints were found because it was too bloody.

“There were shoe prints too.”

What made his death so hard to bear was that he was taken away so cruelly. “I wasn’t there to protect him.”

natasha.bezuidenhout@inl.co.za

Cape Argus

Slain teen had no internal genital injuries

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While slain teenager Charmaine Mare had no internal genital injuries, sexual interference could not be excluded, the Western Cape High Court heard.

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 Cape Town - While slain teenager Charmaine Mare had no internal genital injuries, sexual interference could not be excluded, the Western Cape High Court heard on Thursday.

 Pathologist Dr Celeste de Vaal said Mare's genitals were charred on the outside but the internal vaginal wall was not lacerated and there were no internal haemorrhages.

 During the post-mortem at the Tygerberg mortuary on January 15

this year, she collected evidence for an adult sexual assault kit but the samples did not test positive for male DNA.

 She was testifying in the trial of 48-year-old Johannes Christiaan de Jager, who has pleaded not guilty to murdering 16-year-old Mare in January.

 He previously explained that he dismembered Mare's corpse in a state of panic after an accidental fatal fall.

 He stored her body in an upright foetal position in an outside drain at his home the same day. 

He tried to retrieve her body two days later but struggled, so he cut her lower arms and legs off.

 Mare's torso was dumped and set alight at an open field in Kraaifontein. Her lower legs and arms were found in separate locations and were in a state of decomposition but not burnt. 

In May this year, the director of public prosecutions sent De Vaal a list of questions to establish the level and type of criminality involved.

 Reading out one of her answers in court, De Vaal said proving sexual interference as per the new definition of sexual assault was extremely difficult.

 "To prove sexual interference in a deceased, charred, and decomposing body is an even greater challenge," she said. 

"In the absence of any evidence at the autopsy, including the completion of the sexual assault evidence collection kit, sexual interference cannot be excluded in this case."

 Sakkie Maartens, for De Jager, said his client did not face a sexual assault or rape charge.

 He put it on record that his client would deny that he, at any stage, had sex with Mare.

 De Vaal testified that Mare's torso was naked when it arrived at her lab.

 "I did not receive a bra and top," she said. 

Romay van Rooyen, for the State, asked whether Mare had been wearing panties.

 The pathologist said she had not.

 Mare's dismembered lower legs were clothed in dark blue tracksuit leggings.

 The bones of her limbs appeared to be smooth and clean cut.

 De Vaal was asked whether the bolt cutter, bush saw and tree trimmer seized from De Jager could have been used to cut the limbs.

 "Any instrument that causes a clean cut, incised surface could have been used, as is the case with some of the mentioned instruments like the bolt cutter and tree trimmer," she replied.

 Sapa

Teen may have died after fall: lawyer

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It was highly probable that 16-year-old Charmaine Mare could have fatally injured herself against the rim of a bath, the Western Cape High Court heard.

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Cape Town - It was highly probable that 16-year-old Charmaine Mare could have fatally injured herself against the rim of a bath, the Western Cape High Court heard on Thursday.

Lawyer Saakie Maartens put three probable causes of death to pathologist Dr Celeste de Vaal, who was testifying in the trial of 48-year-old Johannes Christiaan de Jager.

However, De Vaal said all three causes were possible, but unlikely.

“I do not know if all of these are all that reasonable,” she said.

De Jager has pleaded not guilty to murdering Mare in Cape Town in January. He previously explained that he dismembered Mare's corpse in a state of panic after an accidental fatal fall in a bathroom.

Maartens asked De Vaal if she was familiar with the medical phenomenon commotio cordis.

“It usually has to do with the heart... it's a very rare occurrence where the impact exactly hits the front of the chest and immediately causes the heart to cease, causing death,” De Vaal replied.

She said this cause of death was usually more specific to young people between the ages of 15 and 30, mostly men, on the sports field.

Maartens asked if she had personally dealt with this cause of death in her four years of post mortem examinations.

“No, it's too rare,” she replied.

The State objected to the line of questioning on the basis that there was nothing wrong with Mare's heart.

Acting Judge Chuma Cossie said she was unsure where he was going with his questions.

“You are not a doctor. If you are going to be calling a doctor, the court would appreciate it,” she said.

De Vaal offered that it was a probability, but very low on the scale of possibilities.

Maartens raised the possibility of acute neurogenic cardiac arrest as another cause of death, where the heart slowed or stopped and blood could not adequately circulate.

The pathologist said this was usually related to death by suffocation or neck injury and she could not exclude it as a possibility.

Maartens also questioned her on diffuse axonal injury, a type of traumatic brain injury where tissue sheared. De Vaal said a diagnosis of such an injury could only be made under microscope when the person was still alive.

The injury occurred in high velocity situations such as car accidents.

“Once again, it's possible but very unlikely,” the pathologist concluded.

Maartens asked if the absence of fractures on Mare's skull excluded the possibility of serious cerebral injury.

She replied that it did not, but that she had not noted any injuries to Mare's decomposing brain when looking in the skull.

The lawyer said she may have missed something because the brain was not subjected to computerised tomography (CT) scan or a magnetic resonance imaging (MRI) scan.

“The best gold-standard is to remove the top of the skull and look inside. What you see is the best you can get,” she replied.

“I'm not saying there might not have been minor injuries 1/8but 3/8 any large haemorrhage would have been picked up.”

She was excused from the stand.

The trial was postponed to December 11.

Sapa

Cape Town ready for illegal marchers

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Cape Town is bracing itself for an illegal march in the city, with heavy police deployments planned for the CBD.

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Cape Town - Cape Town is bracing itself for an illegal march in the city on Friday, Western Cape police said.

“There will be heavy police deployments in the CBD as well as areas of congregation for the marchers,” police spokesman Tembinkosi Kinana said on Thursday.

“The deployment will comprise members of public order policing (POP), metro police, traffic officials, law enforcement and emergency officials.”

Police on horseback would monitor the protest as well.

“Members of railway police will also be on high alert and deployed in and around train station precincts,” said Kinana.

“The City of Cape Town's traffic officials with the SAPS Flying Squad will be deployed on the city's highways and byways.”

Kinana said air support would be deplored if required.

He warned that protesters breaking the law would be arrested.

On Wednesday, Cape Town mayor Patricia de Lille said the city had filed for a court order to try to stop the protest.

“A golden triangle meeting, which incorporates the SA Police Service, did not approve their application due to credible evidence received under oath indicating that such a gathering could result in a serious disruption to vehicular and pedestrian traffic; injury to persons; and possible damage to property,” she said on Wednesday.

“Law enforcement authorities have also established there are serious threats of unprecedented levels of violence erupting in the event that the march takes place.”

De Lille said she did not want to see a repetition of disorder last month when protesters claiming to be part of a service delivery demonstration looted shops and vendors' stalls, and damaged property in central Cape Town.

Sapa


Cape Town gets interdict against march

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The City of Cape Town has obtained a court interdict preventing a march by an informal settlements organisation.

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Cape Town - The City of Cape Town obtained a court interdict on Thursday preventing the city's informal settlements' organisation from holding a march, said mayor Patricia de Lille.

The march was scheduled to take place on Friday.

“I appeal to the organisers of the illegal protest to respect the court interdict,” said De Lille.

She said the order was obtained as a last resort, as she did not want to see a repetition of the disorder last month, when protesters claiming to be part of a service delivery demonstration looted shops and vendors' stalls, and damaged property in central Cape Town.

“One of the senior leaders of the group and ANC councillor in the City of Cape Town Loyiso Nkohla is quoted in today's media reports saying that: '... we will only stop the march if a court of law says so,'“ said De Lille.

“Now that the court has spoken, I hope that Nkohla and his colleagues will no longer continue with their plans, as this would be a blatant disregard of the rule of law.”

She said the group's application to march was not approved because of evidence indicating that it could disrupt vehicular and pedestrian traffic, result in injury to people, and possible damage to property.

On Thursday, the police said they were prepared for the march.

“There will be heavy police deployments in the CBD as well as areas of congregation for the marchers,” said Colonel Tembinkosi Kinana.

“The deployment will comprise members of public order policing, metro police, traffic officials, law enforcement and emergency officials,” he said.

Police on horseback would also monitor the protest.

“Members of railway police will also be on high alert and deployed in and around train station precincts,” said Kinana.

“The City of Cape Town's traffic officials with the (SA Police Service) Flying Squad will be deployed on the city's highways and byways.”

Kinana said air support would be deployed if required.

He warned that protesters who broke the law would be arrested.

Sapa

De Lille asks marchers to heed court order

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The City of Cape Town has been granted an eleventh-hour court interdict preventing a planned march in the CBD.

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Johannesburg -

The City of Cape Town obtained a court interdict on Thursday preventing the city's informal settlements' organisation from holding a march, said mayor Patricia de Lille.

The march was scheduled to take place on Friday.

“I appeal to the organisers of the illegal protest to respect the court interdict,” said De Lille.

She said the order was obtained as a last resort, as she did not want to see a repetition of the disorder last month, when protesters claiming to be part of a service delivery demonstration looted shops and vendors' stalls, and damaged property in central Cape Town.

“One of the senior leaders of the group and ANC councillor in the City of Cape Town Loyiso Nkohla is quoted in today's media reports saying... ‘We will only stop the march if a court of law says so’,” said De Lille.

“Now that the court has spoken, I hope that Nkohla and his colleagues will no longer continue with their plans, as this would be a blatant disregard of the rule of law.”

She said the group's application to march was not approved because of evidence indicating that it could disrupt vehicular and pedestrian traffic, result in injury to people, and possible damage to property.

On Thursday, the police said they were prepared for the march.

“There will be heavy police deployments in the CBD as well as areas of congregation for the marchers,” said Colonel Tembinkosi Kinana.

“The deployment will comprise members of public order policing, metro police, traffic officials, law enforcement and emergency officials,” he said.

Police on horseback would also monitor the protest.

“Members of railway police will also be on high alert and deployed in and around train station precincts,” said Kinana.

“The City of Cape Town's traffic officials with the (South African Police Service) Flying Squad will be deployed on the city's highways and byways.”

Kinana said air support would be deployed if required.

He warned that protesters who broke the law would be arrested. - Sapa

Cape march called off, but…

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The march widely expected to disrupt Cape Town has been called off, but authorities are taking no chances.

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Cape Town -

The planned march to Western Cape Premier Helen Zille’s office in central Cape Town on Friday was hit by a double-whammy on Thursday night: the Western Cape High Court granted the city an interdict banning the march, and the leaders called it off.

But authorities were taking no chances – before the court ruling and the cancellation, they announced that at least 500 law enforcement officers – on foot, in patrol cars, in helicopters and on horseback – would be deployed in anticipation of the protest.

Some businesses and informal traders were taking no chances, either.

The Taj hotel in St George’s Mall said it warned guests leaving for tours or heading for the airport to leave before 11am, while informal traders said they would stay away.

 

After a heated meeting with community members in the Blue Hall in Site C, Khayelitsha, the leaders said they would not proceed until they had a permit to march.

 

“There will be no march,” said former ANC councillor Andile Lili. “We are planning to go to court and make an appeal and challenge the city.”

 

Lili said the decision to stop the march was made by all parties.

“The decision was made collectively because marching without permits won't be good for us. The city is trying to portray us as criminals.”

Cancelling was not an act of cowardice but a way of challenging the city.

The organisers said they would go to court.

Community members at the meeting told the Cape Argus that they were disappointed.

Vuyolwethu Mqhada said: “We are not happy about this because we were prepared to go to Zille's office without the permits.”

Luzuko Xhuma was also unhappy. “I wish the march would have gone through because service delivery is a huge problem in Cape Town,” he said.

Lili and suspended councillor Loyiso Nkohla, who head the Cape Town Informal Settlement Leaders organisation, would not have taken part in any case – they were arrested for dumping faeces at Cape Town International Airport in June and taking part in an illegal gathering would be a breach of their bail conditions.

The march was to protest against a shortage of housing and poor services. Last month’s protest outside the provincial legislature turned sour when a group broke away, looting stalls in St George’s Mall and Greenmarket Square, smashing windows and causing mayhem.

This prompted the city to refuse to issue a permit for Friday’s march and, to underline the strength of their opposition, to apply for and obtain a court interdict banning the march.

But until Thursday night the organisers were defiantly claiming the march would go ahead, and warning shops and stall-holders to close if they wanted to protect their property.

In response a massive police operation had been planned. A total of 500 law enforcers are being deployed, with some reportedly being brought in from as far afield as Pretoria.

Police, intelligence services, justice and other law enforcement role-players thrashed out a joint operational plan focused on all modes of transport into the city to keep the public safe.

And the police’s air wing will monitor the situation from above.

 

Western Cape police commissioner, Lieutenant-General Arno Lamoer, said there would be heavy police deployments in the CBD as well as areas of congregation for the marchers.

Emergency medical staff were warned to be on high alert.

The Central City Improvement District also warned traders, tourists and businesses to exercise caution today.

Many informal traders said they would heed the call. Mahamad Ahmad Farah, a trader in St George’s Mall who lost more than R25 000 in merchandise and cash when looters attacked him, said he would “take a holiday” on Friday.

“I will lose a lot of money for the day taken off work, but it is not worth the risk,” he said.

A similar feeling existed among many traders at nearby Greenmarket Square, where the Traders’ Committee estimated that more than 50 percent of the stalls would not open. Yet, around 80 stall-owners have vowed to remain and to protect themselves if the need arises.

“Yes, we are prepared,” said Mor Fall, a Senegalese trader at the square for 15 years and one of the seven committee members. “We all stand together and the committee is capable of organising mutual protection. We did it quite successfully last time, and this time we are much more prepared.”

He bemoaned the incapacity of the police last month. “We hope that the police will be better prepared this time. Yet, we can look out for ourselves.” Pointing to one of the metal bars that hold up his stall’s gazebo, he added: “This is our police when the police fail.”

Michael Bagraim, of the Cape Chamber of Commerce, said: “The intimidation coming from the marchers verges on terrorism and should not be tolerated.”

Cape Argus

De Jager used tools to cut up Charmaine

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Johannes de Jager may have used a bolt cutter and tree trimmer to dismember the body of Charmaine Mare, a court heard.

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Cape Town - Johannes de Jager may have used a bolt cutter and tree trimmer to dismember the body of 16-year-old Charmaine Mare, the Western Cape High Court has heard.

State advocate Romay van Rooyen called forensic pathologist, Dr Celeste de Vaal, to testify about the autopsy she conducted on the Mpumalanga teen four days after she was murdered.

De Jager, 47, a mechanic from Ruyterwacht, is on trial for Charmaine’s murder on January 11 and the rape and murder of sex worker, Hiltina Alexander, 18, on May 18, 2008. In his plea explanation, he said he had panicked when Charmaine “accidentally” slipped and died.

He hid her body in a drain, but when he came to take her out she was stiff. He then dismembered her and burnt her torso before dumping it.

On Thursday, Van Rooyen asked De Vaal whether a bolt cutter, tree trimmer and bush saw - found at the murder scene in Kraaifontein - may have been used to sever Charmaine’s limbs.

“The bones were exposed and all bony surfaces were open and clean cut. There was no irregularities at the edges. A bolt cutter and tree trimmer could cause a clean cut.”

Charmaine’s right forearm was cut off below her elbow joint and her left forearm at the elbow. Her lower legs were cut off below the knee.

Van Rooyen asked De Vaal how long it would take to sever the limbs.

“In my opinion, four limbs might take some time but it depends on the experience with these instruments.”

De Vaal said she could not exclude De Jager’s version but noted that Charmaine’s skull was not fractured and that there was no brain haemorrhage.

De Vaal, however, said she could not say whether Charmaine fell and sustained soft tissue bruises, because most of her head had been charred.

Police found Charmaine’s scorched torso on January 14. Her arms were found in the garage of the Elterman Street home where she had stayed with her friend, Kristen White. Kristen’s mother, Carol, and De Jager had been in a live-in relationship.

De Jager is due back in court on December 11.

jade.otto@inl.co.za

Cape Argus

Ivory dealer appeals sentence

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Convicted ivory dealer Mark Goldberg appeared in court to appeal and review his conviction and sentence.

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Cape town - Convicted ivory dealer Mark Goldberg appeared in the Western Cape High Court on Thursday to appeal and review the conviction and sentence handed down to him in 2011.

Goldberg was convicted in the Cape Town Regional Court in July 2011 for the unlawful possession and sale of African elephant ivory without a permit. Months later, he was sentenced to seven years behind bars, two of which were suspended.

The seized ivory weighed more than 1 500kg and was worth R32 million.

Goldberg’s argument was that he inherited the business from his mother Sonja Marcus when she died.

On Thursday, his advocate, Reuben Liddell, submitted that the State could not prove that Goldberg was the owner of the ivory at the time.

He further submitted that police went to the Sea Point curio shop to search the premises without a warrant.

“There is an unusual set of facts. His mom had purchased ivory for several years and she was the one who dealt with ivory. The state has to prove whether he or his mother was in possession.”

Prosecutor Willem Tarantaal told the court that Goldberg was co-manager of the shop and therefore the items sold were under his control.

Liddell told the court that he agreed the State should not only prove that Goldberg was in possession of the goods, but that it was sold for his own benefit: “As the court pointed out, all the people who work there, the co-manager, his wife would also then be offenders for working in the shop without a permit.

“His mother ran the business and even repaired items from her house.

“When she died she confirmed ownership of the goods and left it to her son. Can one say that the State proved he is guilty within a reasonable doubt? The answer is no.”

Goldberg’s sentence has been put on ice pending the appeal, which was expected to continue today.

natasha.bezuidenhout@inl.co.za

Cape Argus

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