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Farmer workers to intensify strike

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Farm workers in the Western Cape will intensify their strike in the coming week, Cosatu said.

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Cape Town - Farm workers in the Western Cape will intensify their strike in the coming week, Cosatu said on Sunday.

“The farmworkers have taken a decision to intensify the strike, because the farmers are not serious about the negotiations to find a solution,” said Congress of SA Trade Unions Western Cape secretary Tony Ehrenreich.

“Some farmers have indicated their willingness to increase above R100, but a number of bad farmers are opposing this,” he said.

The farmworkers were also rejecting a call made by the African National Congress for them to suspend the strike.

“This is not political.... This strike can only be called off by workers and they have said it will continue until a living wage is paid,” said Ehrenreich

Negotiations with some farmers had shown progress, he said, adding that if agreements were reached with farmers in particular areas, the strike would end in those areas.

He said farmworkers were calling on Labour Minister Mildred Oliphant, Trade and Industry Minister Rob Davies, Economic Development Minister Ebrahim Patel and President Jacob Zuma to intervene in the strike.

Farmworkers went on strike last year in demand of an increase in their daily wage from R69 ti R150, and a coherent land reform programme. The strike was suspended in December, but resumed on Wednesday

During the often violent strike, farmworkers have barricaded roads, stoned motorists and burnt property belonging to the farms.

Farmworkers were calling on for retailers to boycott the “bad farmers” who did not want to heed their demands, said Ehrenreich.

“Cosatu is calling on its members... not to handle the fruit and not to load any fruit onto the ships for export,” he said.

“There has also been a call from workers for the food and fruit processing plants to also come and join the protest action.”

Ehrenreich said workers were willing to suspend the strike “should government come to the party” on Monday.

Meanwhile, police said there situation was quiet on Sunday, with no violent protests reported.

“We are still keeping a huge police presence in all the affected areas to monitor the situation,” said Warrant Officer November Filander.

A total of 125 people have been arrested since the beginning of the strike, mainly for public violence. - Sapa


Beaten, shot and dumped

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Tension between cops and strikers is high after a man died from wounds alleged to have been inflicted by police.

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Western Cape - A 25-year-old Lesotho man has died after being shot in the head by a rubber bullet in De Doorns on Monday, allegedly at point-blank range.

 

Letsekang Thokoane, a spaza shop assistant from Elubisi informal settlement outside the Boland town, died in Tygerberg Hospital after being beaten and shot at.

His younger brother, Atang Thokoane, 20, went to the state mortuary in Cape Town on Tuesday to identify the body.

He said: “He was my older brother, and the only family that I had here outside Lesotho. It was terrible.”

His employer, Sekola Mathetse, said he was told by nurses at the hospital that a rubber bullet was removed from his skull shortly before he died.

On Tuesday, Mathetse took the Cape Argus to the Asla construction site – the company is building formal houses in Elubisi – where he had found an injured Thokoane.

The unfinished structure in which Thokoane had been hiding had blood splattered across its floor.

Mathetse said: “We do not understand why he was killed because he is not a farmworker and was working all this time. He only left my shop on Monday because police told him to close.

 

“When I picked him up, he was lying in a drain some way out of town. He had a bad wound on his forehead. He had been hit on his body many times and there were rubber bullet scars, too.”

Mathetse said Thokoane was barely conscious and had to be carried. “We put him in my bakkie and I took him to hospital in Worcester.”

 

Nurses later phoned Mathetse and told him a rubber bullet had been removed from Thokoane’s skull, and that he had been transferred to Tygerberg Hospital.

Mathetse made a statement to the Independent Police Investigative Unit (Ipid).

Thokoane’s death has been confirmed by police and the province’s Department of Health.

The death comes after a week of raids by police in the Elubisi and Stofland informal settlements.

Earlier in the day, the Cape Argus visited Donald Moteoli who had just returned home to Stofland after four days in Worcester Hospital.

He had a bandage around his abdomen and could not walk.

Moteoli said that at 3am last Thursday two policemen had kicked down his door, and when he jumped out of bed they shot him in his stomach.

 

“Then they laughed at me and left,” he said.

Monwabisi Kondile, a shop steward with the Food and Allied Workers Union (Fawu) in De Doorns, said: “On Monday evening, many people walked into the mountain and slept there because they are afraid of the police at night.”

Kondile condemned all violence and said police and strikers needed to reconcile so that the strike could proceed peacefully.

At a meeting in Stofland sports field with striking workers on Tuesday, Building and Allied Workers Union (Bawusa) general secretary Nosey Pieterse said the ANC’s call for the strike to be suspended would not be heeded.

“On what basis can I tell you to go back to work, when you have nothing to show for it?” he asked.

After a moment’s silence was observed for Thokoane, Pieterse said that his death should not be in vain.

Referring to Marikana, where 44 people died, he said “victory” had been achieved in the form of a negotiated wage settlement.

 

Referring to Thokoane’s death, Sandile Keni, an organiser for Fawu, said: “We are drafting a memorandum and organising for a peaceful march to the De Doorns police station to protest against brutality.”

Police spokesman Captain FC van Wyk did not respond to queries about the exact circumstances surrounding Thokoane’s death, confirming only that he “died due to injuries sustained during a shooting incident”.

“Ipid will investigate the matter further.”

daneel.knoetze@inl.co.za

Cape Argus

Little girl’s body discovered in shack

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A badly decomposed body of a little girl was discovered in a shack in Khayelitsha when the home owner returned from holiday.

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Cape Town - A badly decomposed body of a little girl was discovered under a duvet in a shack in Green Point, Khayelitsha, when the home owner returned from her holiday in the Eastern Cape.

The girl has not yet been identified, but it is believed to be the body of five-year-old Lilitha Mqwebi, who has been missing since Christmas Day.

Provincial police spokesman Captain Frederick van Wyk said that police were called to the scene after the shack owner had made the “gruesome discovery” early in the afternoon.

The owner of the house returned from the Eastern Cape and found the locks had been changed.

“She forced her way through the door and found a badly decomposed body of a child laying under a duvet,” van Wyk said.

A man - a friend of the shack owner - who had been looking after the house for the owner while she was on holiday, was not home at the time.

While there has been no official confirmation as to the identity of the body found, Lilitha’s relatives, including her mother, visited the scene and identified some of the clothing on the body as hers. Lilitha was last seen at her parents’ home in Green Point settlement in Khayelitsha.

She had gone to play with her friends on a piece of land near Lansdowne Road when she disappeared. She had been wearing pink trousers and a long-sleeved pink and white striped shirt when she left home.

Van Wyk said: “It cannot be confirmed but it is believed to be the body of the little girl who went missing during December in Green Point Khayelitsha.”

Anyone with information is asked to call investigating officer Bernard Mouton on 082 522 2884 or 021 360 2308, Crime Stop anonymously on 08600 10111 or SMS CrimeStop on 32211.

natasha.prince@inl.co.za

Cape Argus

Late arrivals expected - MEC

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As nearly a million Western Cape pupils start the school year, the Education MEC says his department is as ready as it can be.

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Cape Town - Nearly a million Western Cape pupils will start the 2013 school year on Wednesday and Education MEC Donald Grant says his department is as close to ready as it can be.

Of the 970 000 pupils, 100 000 were expected to start Grade 1 while about 80 000 will enter Grade 8.

Grant said late arrivals were expected.

“This is not unusual and happens every year. The Western Cape Education Department assists these parents and finds places for them as soon as possible.”

He said some of the parents had legitimate reasons for their late applications, for example, those who had moved to other provinces or areas in the Western Cape. “However, there is a small minority that have simply left enrolment too late.”

Some pupils who have been enrolled at schools also arrive late from other provinces. He said it was the parents’ responsibility to ensure that they enrolled their children early. Grant said many schools were already full.

“What we can offer them is our assistance to place their child at a school.

“We expect that it could take at least a week to determine where the majority of late learners can be placed.”

Grant’s spokeswoman Bronagh Casey said the strongest demand for places was in the metro north education district, followed by metro south and metro east.

Metro north covers the northern suburbs and surrounding areas; metro south includes Mitchells Plain and the southern peninsula; while metro east includes Khayelitsha and the Helderberg basin.

She said there had also been an “increased demand” for places in English-medium schools in rural districts, metro east and metro north.

“We have implemented measures for additional stock and resources should there be an unexpected growth in certain areas.

“This includes additional mobile classrooms, teaching posts, desks, chairs and textbooks, if required.”

Meanwhile metro police officers start doing duty at six schools on Wednesday, in a bid to help make schools safer places.

The six schools that were identified by the department are Oscar Mpetha High in Nyanga, Sizimisele High, in Khayelitsha, Bishop Lavis High, Lotus High in Lotus River, Crystal High in Hanover Park and Phoenix High in Manenberg.

JP Smith, mayoral committee member for safety and security, said the school resource officers had received training from the National Association of School Resource Officers from the US.

 

- Parents can call the Education Department’s call centre on 0861 923 322 for assistance.

ilse.fredericks@inl.co.za

Cape Argus

Clanwilliam leads way in ending farm strike

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Farmers and farmworkers in the Clanwilliam district have struck an agreement to end the strike there.

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Cape Town - Farmers and farmworkers in the Clanwilliam district have struck an agreement to end the strike there - and if farmer body Agri SA accepted the same agreement, strike action in all other areas could end, Cosatu and the Labour Department said on Tuesday.

In the settlement, workers agreed to accept a minimum wage of R105 a day. Farmworkers in other Western Cape areas such as De Doorns, Wolseley and Grabouw have demanded daily pay of R150 - up from the current R69.

The offer came as the strike claimed a third victim. A De Doorns man died in hospital on Tuesday from injuries sustained when he was struck by a rubber bullet during Monday’s protest.

Agri SA has been given until 1pm on Wedneday to present to its members a settlement proposal on the R105 a day amount, and assurances that no workers will be disciplined or victimised for having embarked on an unprotected strike.

Should Agri SA accept the model, all workers would be consulted and efforts made to persuade them to accept.

“This model will serve as a basis for a settlement in all… areas,” Cosatu provincial secretary Tony Ehrenreich said. “The ball is in Agri SA’s court. If it accepts, workers have something to think about.”

Labour Director-General Nkosinathi Nhleko said the Commission for Conciliation, Mediation and Arbitration would use the Clanwilliam model during negotiations elsewhere. Asked about farmers who had argued they could not afford big increases, but could now manage to pay workers R105 a day, Nhleko said: “I think it is a demonstration of the power of negotiation.”

Food and Allied Workers Union deputy general secretary Moleko Phakedi said the union was encouraged by individual farmers’ willingness to carve out a settlement.

Agri SA chief executive Johann Moller and his counterpart at Agri Wes-Cape, Carl Opperman, could not be reached for comment.

aziz.hartley@inl.co.za

Cape Times

Knife-wielding 'Balaclava Gang' invades home

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He woke up with a blade pointed at his face and three balaclava-clad men standing around his bed, all with knives in their hands.

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Cape Town - He woke up with a blade pointed at his face and three balaclava-clad men standing around his bed, all with knives in their hands.

It was 12.30am on January 8, and Brendhan Kannemeyer had been fast asleep in his Noordhoek home when he was woken by his bedside lamps being switched on.

“I asked my wife why the lights were on,” he said. “But then I saw these men standing there.”

His wife was not in the room - she had fallen asleep in their sons’ room just down the passage after checking on their youngest boy.

Kannemeyer reached for his gun, which he kept under his mattress, but then saw one of the men was already pointing it at him.

“They started cutting my duvet into strips and they tied me up violently,” he said. “I realised there was no option of fight or flight so I started to reason with them.”

He begged the men: “Leave my wife, just leave my boys. I’ll take you to the safe.”

Kannemeyer said he wanted them to go as quickly as possible, to avoid having his wife or one of his three sons walk in on them.

But the three seemed to be in no hurry, and casually split the contents of the safe and his wife’s jewellery between themselves before locking Kannemeyer into the bathroom and leaving the house. “I’m just relieved nothing happened to my family,” he said.

Noordhoek has been hit by a spate of home invasions in recent months. Muizenberg police confirmed that there had been four such incidents in the past two months.

“They sneak into the house, if there’s a gun, they find it, and they always leave with money and jewellery,” said Kannemeyer. “This has happened to five people near me.”

Residents have begun to refer to the criminals as “The Balaclava Gang” and Kannemeyer said that local neighbourhood watch meetings were filled with stories of the gang’s exploits.

“It has become a real problem, this is no longer a neighbourhood where you can leave your doors open,” he said.

kieran.legg@inl.co.za

Cape Argus

AgriSA: we’ve been left in the dark

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Employer body Agri-SA said it had not been contacted by Cosatu regarding a plan to extend a recent wage deal.

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Cape Town - Employer body Agri-SA on Wednesday said it had not been contacted by Cosatu regarding a plan to extend a recent wage deal brokered between farmers and their workers in Clanwilliam, in the Western Cape.

“Except through the media, we've heard nothing from the Congress of SA Trade Unions or (provincial secretary) Tony Ehrenreich regarding the deal,” labour relations head Elize van der Westhuizen said.

“This deal is typical of what we've asked our members to do since last year, where they engage directly with farmworkers and negotiate terms.”

On Tuesday, Ehrenreich announced that a daily wage deal of R105 had been brokered with a “significant amount” of farmers in Clanwilliam.

“This agreement represents a model agreement that would be used in the other areas and towns... as soon as an agreement is concluded in a town, then that town would be exempted from strike action,” he said in a statement.

He said Cosatu would encourage workers to suspend the strike if Agri-SA acknowledged the Clanwilliam agreement, the space provided for it in law and give an undertaking to ensure no disciplinary action was taken against striking workers.

Farmworkers went on strike last year to demand their daily wage be increased from R69 to R150, and that a coherent land reform programme be implemented.

The strike was suspended in December, but resumed on Wednesday last week.

Ehrenreich said Agri-SA had to respond to his request by 1pm on Wednesday should they want the strike to be possibly suspended.

“This represents a significant move forward and puts the ball squarely in the court of the Agri-SA to accept the terms and secure a suspension to the strike, as a matter of urgency,” he said.

Van der Westhuizen asked that Cosatu first contact Agri-SA with information about his request before taking any action.

Agri Wes-Kaap spokeswoman Porschia Adams said it had also not heard from Cosatu or Ehrenreich.

To her knowledge, the wage deal was agreed to by one farmer who owned a number of farms, rather than multiple farmers.

Ehrenreich was not immediately available to comment.

Cosatu in Limpopo said they fully supported the demands of workers for better living and working conditions.

Provincial administrator Mamodula Kgabo called on employers to accept the demands and for government to further research the conditions of such workers.

Principal provincial inspector Jacques Mostert said the N1 was closed at De Doorns, the epicentre of protest action.

He said motorists would have to take the Orchards offramp to get to De Doorns.

On Wednesday morning, there were reports of stones being thrown at cars by protesters in Wolseley.

Mostert said no casualties were reported. - Sapa

Fewer workers, more machines likely

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Cape fruit farms will in future employ fewer people, use more machines and battle to attract investment.

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Cape Town - Cape fruit farms will in future employ fewer people, use more machines and battle to attract investment.

These are among the warnings from various agricultural experts in the wake of the recent wave of protests across the province.

The protests have been widely described as “the farm strikes”, but this may be a misnomer, the Cape Argus was told by members of a security team on site on the N2 this week.

There are around 6 000 farms in the Western Cape and one estimate, by the company Hortgro, is that just 100 farms have been affected by the protest action.

It is also believed by many, including farmers canvassed in Grabouw this week, that the protesters’ ranks were largely made up of people who were not “striking”, as such, because they were actually unemployed.

One farmer in the Elgin Valley, who asked not to be named, said: “The rural farming areas have attracted many people who come here in the hope of employment, but find there are only a finite number of jobs. They remain unemployed, but remain.”

Such people were thus not “strikers”, but protesters. Also among the protesters was a “criminal element” responsible for some of the more serious acts of vandalism, looting and arson, according to labour leader John Michaels of the Grabouw Elgin Civic Organisation.

Agriculture expert Anton Rabe, of Hortgro, said he believed 90 percent of the farms affected were now back to normal.

Suggesting that most of the protesters were unemployed, he added they

had used the “farm strike” in rural towns to protest against socio-economic conditions.

Ismail Motala of the Deciduous Fruit Development Chamber (DFDC) said: “That is correct. The farmworkers’ strike is not only about wages, but a range of other social issues we need to deal with - houses, sanitation, alcoholism, etc. The most important thing to realise is that R150 would not necessarily solve all of these problems, so the solution needs to be comprehensive.”

But even if the protest action has not been strictly about farmworkers’ wages, and has affected only a relatively small number of farms, all experts interviewed said the impact on the future of farming in the province could be profound.

Rabe explained: “In the short term, it will be up to the Labour Ministry to proclaim a new minimum wage.”

This is likely to happen in March.

“But beyond that, the priority will be to grow the ability of the sector to pay more.

Most farmers can afford more only if their farms are more profitable.

“You will find farmers looking to pay more, but for more skilled labour, assisted by more technological innovation, including more mechanisation.”

Motala agreed: “Yes, farmers will be asking how they can reduce the number of employees.

This would be an unfortunate consequence as large numbers of farmworkers could lose their jobs. Many farmers have already been looking at mechanisation.”

Rabe continued: “Some farming sectors, like fruit, will always require a significant labour force, but you will have fewer hands doing the picking, assisted by processes which make them more effective, such as the use of picking platforms, for example.

There are also mechanical apple-pickers in some parts of the world now, which pick apples using a hi-tech mix of vacuum systems.”

A move towards more sophisticated skills and more mechanisation could only happen, however, with the input of significant capital into the agricultural sector.

And here was the problem, said Rabe: the recent protests will have the opposite impact - motivating farmers to put their plans on ice, until the future of farm wages was determined.

Similarly, potential new investors would be likely to “wait and see”, too.

This scenario left agriculture in the Western Cape facing something of a stalemate.

Cape Argus


'Extend cop probe nationally'

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A crime researcher has called for the probe into police inefficiency in Khayelitsha to be extended to police service nationally.

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Cape town - A senior crime researcher at the Institute for Security Studies (ISS) has called for the probe into police inefficiency in Khayelitsha to be extended to include the police service nationally.

This comes after the Western Cape High Court this week dismissed, with costs, an application by Police Minister Nathi Mthethwa for the commission of inquiry into police inefficiency in Khayelitsha to be suspended.

Dr Johan Burger, a senior researcher in the ISS’s crime and justice programme, said a national judicial commission of inquiry was the only answer to “a better police service, free of rot”.

“The high levels of alleged corruption, criminality and inefficiencies in the South African Police Service have to be investigated nationally. We are renewing our call for the president to institute a national commission of inquiry into police inefficiency.”

The ISS first called for an inquiry in 2011, but was ignored, Burger said.

The Western Cape commission, headed by retired Judge Catherine O’Regan, was suspended in November - a month after being established by Premier Helen Zille - pending the outcome of the court proceedings after Mthethwa approached the court.

Burger said he supported the Western Cape commission and hoped that the recommendations would be implemented.

“A similar inquiry was set up in New York in the 1980s, headed by Judge (Milton) Mollen.

The commission investigated allegations of corruption and criminality and came up with good recommendations implemented by new mayor at the time Rudy Giuliani. Today, the NYPD is one of the top police units in America.”

In his 2011 request, The Case for a Judicial Commission of Inquiry into the South African Police Service, Burger said the widespread problems in the lower ranks of the police were not surprising, given the serious allegations against the Police’s most senior ranks.

Burger said a national commission of inquiry would assist newly appointed police commissioner General Riah Phiyega to understand the problems facing her force.

“The Police Ministry should stop seeing a commission of inquiry as something negative.”

But Mthethwa has shot down Burger’s request, calling him an “opportunist”.

Mthethwa’s spokesman Zweli Mnisi said what Burger was calling for had “nothing to do with the latest Western Cape court ruling” and should be dismissed.

clayton.barnes@inl.co.za

Cape Argus

ANC cautions against 'violent' farmworker strike

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There are criminal elements involved. Looting has taken place and vehicles have been damaged and set alight.

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Western Cape - The farm strike should be called off, says the ANC chairman in the Boland.

According to Pat Marran, the government has stepped in, some farmers are willing to negotiate and criminals have become involved.

Marran was shot at by TSU security guards last week and has lodged a criminal complaint against the company.

He was also the person who pulled a Cape Times reporter to safety when a mob attacked the journalist and an intern in their car, setting the car alight.

On Tuesday, Marran cautioned against the violent direction the strike has taken.

”Some farmers have said that they are willing to negotiate but I feel that cannot be done in such an environment. It is tense and very violent there.

“Government departments have also come to the party and showed willingness to assist. In light of that, maybe it would be right to consider calling off the strike,” Marran said.

“There are criminal elements involved. Looting has taken place and vehicles have been damaged and set alight. That is why the ANC in the province has called for a cool-down on the strike.

“I have spoken to union leaders and told them I have decided to distance myself from the strike for the moment.”

A De Doorns man died in hospital on Tuesday from injuries sustained when he was allegedly shot with a rubber bullet by police during Monday’s violent farmworker protest in the area. Three people have now died in the strike.

Community member Shaun Yanta alleged that Letsekang Thokoene was not part of the protest and worked at a spaza shop in De Doorns. Yanta said Thokoene’s family in the Eastern Cape had been informed about his death.

Police spokesman Frederick Van Wyk confirmed that a 23-year-old man had been taken to hospital by residents.

“He subsequently died due to injuries sustained during a shooting incident in De Doorns. It is unclear where the incident happened,” Van Wyk said.

Ten year old Refoelwe Musala was also caught in the crossfire on Monday. A rubber bullet, fired by police, struck her next to her right eye, causing severe swelling.

Addressing a crowd in De Doorns the general secretary of the Black Agricultural Workers Union of SA, Nosey Pieterse, asked for a minute of silence to be observed for Thokoene.

“The third comrade has died in this struggle. All we came for was a R150. We instead were met with the killing of our people. We shall not give up on our actions and demand for better wages,” Pieterse told the crowd.

In Barrydale, four people were arrested for public violence when about 40 workers burned tyres on a gravel road leading to a depot, preventing trucks from transporting goods.

Ward councillor in Barrydale Amanda Swartz said a bus, used to transport workers, was set alight early on Tuesday morning.

Pupils in the affected areas could receive police escorts into school on Tuesday after educators at the Witzenberg Primary School in Wolseley could not enter the grounds on Tuesday as a result of a nearby stand-off between police and protesters.

Bronagh Casey, the spokeswoman for Education MEC Donald Grant, said officials in the Wolseley area were monitoring the situation with schools and the police closely.

xolani.koyana@inl.co.za

Cape Times

Vineyard bodies identified

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Police have identified the two young women who were found murdered in a vineyard outside Rawsonville.

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Cape Town - Police have identified the two women who were found murdered in a vineyard near Rawsonville.

The women, Zimasa Mandzingana, 21, and Nokulunga Condwa, 18, both of Zwelethemba township in Worcester, were discovered on Witelsboom farm half-naked with multiple stab wounds on January 1, three days after they were last seen by their families.

Police spokesman Captain Frederick Van Wyk said on Tuesday that the motive for the murder was still unknown and that the police investigation was continuing. No arrests have been made.

A farmworker found the women propped up against a fence, dressed only in their T-shirts and with severe facial swelling.

When the Cape Argus visited Mandzingana’s home on Tuesday, her grandmother, Nowesile Mandzingana, 64, said she was still in shock.

She said she last saw her granddaughter on Saturday, December 29, at about 3pm.

“She told us she was going around the corner to a friend’s house.

“We thought she would be back later in the evening as she normally does, but this time she didn’t come back.”

The next day, Nowesile and Mandzingana’s mother, Phumeza, reported her missing to the police.

Nowesile said the police told them about two women who were discovered on a farm in the region.

“When they showed us pictures with the two women it didn’t look like (Mandzingana). Their faces were round and swollen, and their hair was a mess,” she said.

The family later identified Mandzingana by her necklace and the clothes found at the scene - a pair of brown pants and a cream shirt.

At Condwa’s home, her mother, Nomantombazani, 52, said the two friends left her house at about 8pm carrying only their cellphones.

“They told me they were coming right back.

“I didn’t like that they were leaving in the evening, but they were going to a shebeen across the road… they are quite familiar with the owner,” she said.

Condwa’s elder sister Phethiwe, 29, said the owner of the Silver House shebeen told the family that she spoke to Condwa just before midnight as they were leaving her sheeben.

She said they told her that they were on their way to a farm.

They didn’t give details of who they were with or which farm they were going to.

“They didn’t deserve to die like this,” she said.

Anyone with information is requested to call investigating officer Warrant Officer Gideon Geldenhuys at 079 497 4992.

nontando.mposo@inl.co.za

Cape Argus

Gauntlett up for Concourt job

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Advocate Jeremy Gauntlett, SC, has been shortlisted to fill a judicial vacancy at the Constitutional Court.

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Cape Town - Advocate Jeremy Gauntlett, SC, has been shortlisted to fill a judicial vacancy at the Constitutional Court.

In what sparked outrage among many in the legal fraternity, Gauntlett was overlooked for a spot on the Western Cape High Court Bench a few months ago.

The Judicial Service Commission’s (JSC) decision not to recommend Gauntlett for appointment led retired Supreme Court of Appeal deputy president Louis Harms to consider taking legal action. Nothing has come of this yet.

The commission announced its shortlist for the Concourt post yesterday.

The five candidates are Gauntlett, Supreme Court of Appeal Judge Ronnie Bosielo, Gauteng judges Selby Baqwa and Brian Spilg, as well as advocate Mbuyiseli Madlanga, SC. They are expected to be interviewed by the JSC on February 22, after which the commission will make its recommendations to President Jacob Zuma.

The president ultimately makes the appointment.

The successful candidate is set to fill a spot that will soon be left by Justice Zak Yacoob, who is retiring at the end of the month.

Gauntlett’s last bid for the Bench first made headlines when Paul Ngobeni, a former special adviser to the defence minister, criticised Gauntlett in an open letter, saying he was “unfit” to be a judge.

Gauntlett hit back saying that Ngobeni’s reason for doing so was that he had served on the UCT council that had authorised an inquiry into Ngobeni’s appointment as deputy registrar of the university.

The JSC interviewed eight candidates to fill five vacancies on the Western Cape Bench, ; however, Gauntlett, considered to be one of the country’s top lawyers, was not recommended.

Those who were appointed are judges Ashton Schippers, Owen Rogers, Judith Cloete, Pearl Mantame and Nape Dolamo, who are all expected to begin their judicial duties this year.

More recently in November, Ngobeni also laid a complaint of professional misconduct against Gauntlett with the Cape Bar Council; however, the advocate dismissed the allegations as “contrived”.

It came amid Gauntlett’s nomination for the Concourt position.

He was nominated by a string of supporters, among them Struggle stalwart Mamphela Ramphele, veteran human rights lawyer Sir Sydney Kentridge SC/QC, DA leader Helen Zille, UCT Vice-Chancellor Max Price, former Archbishop Njongo Ndungane and IFP president Mangosuthu Buthelezi.

Gauntlett has been overlooked for the Bench four times – twice for the Western Cape High Court and twice for the Constitutional Court.

The JSC, meanwhile, has called for the legal profession and institutions with an interest in its work to submit comments on the candidates by no later than February 7.

leila.samodien@inl.co.za

Cape Times

School feeding scheme robbed

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As 970 000 pupils started the academic year, some arrived at schools where feeding scheme supplies were stolen.

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Cape Town - As 970 000 Western Cape pupils started the 2013 academic year on Wednesday, some arrived at schools which had been vandalised.

Blomvlei Primary School principal Dawn Petersen said feeding scheme supplies, including samp and beans, had been stolen, as well as sports uniforms.

She said all the textbooks had not yet been counted but she was hoping that none were missing.

She said the break-in took place on January 4.

“It happened in broad daylight. People thought they were fixing the roof.”

Petersen said teachers refused to let the break-in dampen their day.

“We are remaining positive,” she said. Most new pupils at Blomvlei put on a brave face but some Grade R pupils, as well as a few of their parents, couldn’t hold back tears.

One Grade R pupil Waylin Norton, 5, held his mother, Latasha, tightly as he sobbed.

“He’s also making me emotional,” Latasha said.

Proud parents took photographs of their children before saying their goodbyes.

 

At Sid G Rule Primary in Grassy Park, Education MEC Donald Grant visited Grade R and Grade 1 classrooms.

 

He said the school year had started smoothly apart from one or two hiccups.

“It’s still early days. It will take at least a week for the system to settle down.”

Cape Argus

Police shoot at farm wage protesters

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Protesting Western Cape farmworkers were injured by rubber bullets in Robertson, the Mawubuye Land Rights Forum said.

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Cape Town - Protesting Western Cape farmworkers were injured by rubber bullets in Robertson on Wednesday, the Mawubuye Land Rights Forum said.

The forum's Denia Jansen said the Robertson police captain had apparently agreed to allow farmworkers to peacefully protest in Nkqubela in the morning, with more than 800 workers taking part.

“Shortly into the protest, other police officers entered the road with guns and opened fire 1/8with rubber bullets 3/8 on the protesters, forcing them back into their communities,” she said.

Captain Marshall Klaasten, Robertson's station commander, denied this version of events, saying no permission was ever given.

He said protesters blocked a busy traffic circle in town and he asked them to move so that cars could pass through.

The group refused and he had a discussion with his peers, eventually returning to tell them they could not protest.

“The negotiations lasted from 6.20am to 10.05am. They agreed to walk back to the township. When they entered, they started throwing stones at police from their houses. A lot of public were around,” Klaasten said.

He said rubber bullets were fired in retaliation to protect civilians.

Jansen said the forum had phoned the Human Rights Commission to “look into the matter”.

She said workers had agreed to issue letters to the 32 farmers in the area, asking for negotiations around their daily wage demand of R150.

Farmworkers went on strike last year to demand their daily wage be increased from R69 to R150, and that a coherent land reform programme be implemented.

The strike was suspended in December, but resumed on Wednesday last week in various towns in the province.

According to the Congress of SA Trade Unions, a wage deal of R105 a day was brokered with a “significant amount” of farmers in Clanwilliam on Tuesday.

He said this was a model agreement that could be used in other towns to possibly end the strike, which had been violent at times.

The labour department is hosting an extra set of public hearings this week to garner opinions of directly affected workers, amid a review of the sector's minimum wage.

Labour standards director Titus Mtsweni said the process of writing up a report on the outcome of last year's public hearings was already underway.

Hearings would take place in De Doorns, Robertson, Oudtshoorn and Vredendal.

Principal provincial traffic inspector Jacques Mostert said the N1 remained closed at De Doorns, the epicentre of protest action.

He said motorists would have to take the Orchards offramp to get to De Doorns.

On Wednesday morning, there were reports of stones being thrown at cars by protesters in Wolseley.

Mostert said no casualties were reported.

Western Cape police spokesman Frederick van Wyk said there were sporadic reported incidents involving striking workers in some areas on Wednesday.

“Members are deployed in all these affected areas to ensure the safety of all. The police and other law enforcement agencies will continue to monitor the situation and act where the situation requires it.

Bronagh Casey, spokeswoman for education MEC Donald Grant, said schools and their transport schemes were operating as usual in the Cape Winelands district.

“All schools have high attendance, except for one in De Doorns, which is just over 50 percent capacity. This school is operating as per normal though,” she said. - Sapa

More arrests in farm wage protests

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A total of 26 people were arrested overnight in connection with farmworkers' protests for higher wages.

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Cape Town - A total of 26 people were arrested overnight in connection with farmworkers' protests for higher wages, Western Cape police said on Wednesday.

Captain Frederick van Wyk said the arrests were made between 6pm on Tuesday and 8am on Wednesday in Villiersdorp, Kraaifontein and Ladysmith.

In Villiersdorp, 18 people were arrested for public violence and would appear in the Caledon Magistrate's Court later on Wednesday.

In the same area, four men were charged with possession of possible stolen goods. They would appear in court on Thursday.

Three men were arrested in Kraaifontein for public violence and would appear in the Blue Downs Magistrate's Court on Thursday.

A man would appear in the Ladysmith Magistrate's Court the same day for malicious damage to property.

At least 180 people had been arrested in connection with the protests since Wednesday last week.

Van Wyk thanked the community for its co-operation and said people could report any criminal activity to the police's emergency number, 10111.

Farmworkers went on strike last year to demand their daily wage be increased from R69 to R150, and that a coherent land reform programme be implemented.

The strike was suspended in December, but resumed on Wednesday last week in various towns in the province.

According to the Congress of SA Trade Unions, a wage deal of R105 a day was brokered with a “significant amount” of farmers in Clanwilliam on Tuesday.

Provincial secretary Tony Ehrenreich said this was a model agreement that could be used in other towns to possibly end the strike, which had been violent at times.

He said Cosatu would encourage workers to suspend the strike if Agri-SA acknowledged the Clanwilliam agreement, the space provided for it in law and give an undertaking to ensure no disciplinary action was taken against striking workers.

A deadline of 1pm on Wednesday was given.

Both Agri-SA and provincial entity Agri Wes-kaap said on Wednesday morning they had not been contacted by Cosatu regarding a plan to extend the apparent wage deal.

Agri Wes-Kaap spokeswoman Porschia Adams said that to her knowledge, a wage deal was agreed to by one farmer who owned a number of farms, rather than multiple farmers.

Agri-SA president Johannes Möller later released a statement saying no agricultural wage deal had yet been made in the country.

He said: “An offer made by a single 1/8Clanwilliam 3/8 farmer, who is apparently highly dependent on the services of a large number of temporary workers during peak harvest time, was welcomed by Cosatu and portrayed by them as a collective deal with Clanwilliam farmers which could serve as a trend-setter for wider application.”

He said this offer was apparently not supported or mandated as a collective agreement by other farm leaders and their organisations in the area.

Agri-SA had repeatedly called for individual farmers to negotiate with their workers at farm level, which was apparently taking place.

Ehrenreich was not immediately available to comment.

In a statement, he said a briefing would be held at 4pm “to make a call on the strikers, in the light of recent developments and the attitude of Agri-SA to finding a way forward, that can settle the strike”. - Sapa


CCMA call for WCape bargaining

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Localised collective bargaining in Western Cape agriculture holds the key to ending the farmworkers' strike, the CCMA says.

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Cape Town - Localised collective bargaining in Western Cape agriculture holds the key to ending the farmworkers' strike, the Commission for Conciliation, Mediation and Arbitration (CCMA) said on Wednesday.

CCMA director Nerine Kahn said leaders of the Congress of SA Trade Unions (Cosatu) and other unions agreed that Agri Wes-Cape publicly announcing its support for such bargaining would help secure an end to the dispute.

Leaders also said it would be a sign of good faith not to discipline striking workers.

The CCMA conveyed this to Agri Wes-Cape on Wednesday, in a meeting with the labour department to negotiate a possible resolution to the strike, which was suspended in December, but resumed on Wednesday last week in various towns.

Farmworkers were demanding their daily wage be increased from R69 to R150, and that a coherent land reform programme be implemented.

Kahn said that Agri Wes-Cape undertook to try and get a mandate on these requests on Wednesday.

“We hope to convince organised agriculture that we should follow the Clanwilliam example and look for local-level solutions, rather than the more lengthy process of finding agreement across the entire agricultural sector,” she said.

“This could be achieved while the labour department finalises the process of developing a new sectoral wage determination, which should come into effect in about six weeks' time, effective 1st March 2013.”

On Tuesday, Cosatu announced that a wage deal of R105 a day was brokered with a “significant amount” of farmers in Clanwilliam.

Provincial secretary Tony Ehrenreich said this was a model agreement that could be used in other towns to possibly end the strike, which had been violent at times.

He said Cosatu would encourage workers to suspend the strike if Agri-SA acknowledged the Clanwilliam agreement, the space provided for it in law and give an undertaking to ensure no disciplinary action was taken against striking workers.

A deadline of 1pm on Wednesday was given.

Both Agri-SA and provincial entity Agri Wes-Kaap said on Wednesday morning they had not been contacted by Cosatu regarding a plan to extend the apparent wage deal.

Agri Wes-Kaap spokeswoman Porschia Adams said that to her knowledge, a wage deal was agreed to by one farmer who owned a number of farms, rather than multiple farmers.

Agri-SA president Johannes Möller later released a statement saying no agricultural wage deal had yet been made in the country.

He said: “An offer made by a single (Clanwilliam) farmer, who is apparently highly dependent on the services of a large number of temporary workers during peak harvest time, was welcomed by Cosatu and portrayed by them as a collective deal with Clanwilliam farmers which could serve as a trend-setter for wider application.”

He said this offer was apparently not supported or mandated as a collective agreement by other farm leaders and their organisations in the area.

Agri-SA had repeatedly called for individual farmers to negotiate with their workers at farm level, which was apparently taking place.

Ehrenreich was not immediately available to comment.

In a statement, he said a briefing would be held at 4pm “to make a call on the strikers, in the light of recent developments and the attitude of Agri-SA to finding a way forward, that can settle the strike”. - Sapa

SAHRC to probe strikers’ abuse claims

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Claims of inhumane treatment of striking Western Cape farmworkers will be investigated, the SA Human Rights Commission said.

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Cape Town - Claims of inhumane treatment of striking Western Cape farmworkers will be investigated, the SA Human Rights Commission (SAHRC) said on Wednesday.

Spokesman Isaac Mangena said the commission had received numerous complaints of human rights abuses in the Boland district involving farmworkers and rural dwellers, including women and children.

“The SAHRC is monitoring the protests and has to date received complaints against the SA Police Service, the farmers and the private security companies,” he said.

These complaints included allegations of police colluding with farmers, use of excessive force against workers, police brutality, unfair labour practices, exploitative living and working conditions, and racist and inhumane treatment of workers and rural dwellers.

“We call for an urgent resolution of the wage disputes between the farmers and the farmworkers, and appeal to all parties to act within the confines of the law.”

Mangena said the SAHRC would investigate human rights abuses within its mandate and refer other complaints to the appropriate institutions.

Farmworkers went on strike last year to demand their daily wage be increased from R69 to R150, and that a coherent land reform programme be implemented.

The strike was suspended in December, but resumed on Wednesday last week in various towns in the province.

On Wednesday, the Mawubuye Land Rights Forum asked the SAHRC to investigate the shooting of rubber bullets by police earlier in the day, which left some people injured.

The forum's Denia Jansen said Robertson's police captain had apparently agreed to allow farmworkers to peacefully protest in Nkqubela in the morning, with more than 800 workers taking part.

“Shortly into the protest, other police officers entered the road with guns and opened fire (with rubber bullets) on the protesters, forcing them back into their communities,” she said.

Captain Marshall Klaasten, Robertson's station commander, denied this version of events, saying no permission was ever given.

He said protesters blocked a busy traffic circle in town and he asked them to move so cars could pass through.

The group refused and he had a discussion with his peers, eventually returning to tell them they could not protest there.

“The negotiations lasted from 6.20am to 10.05am. They agreed to walk back to the township. When they entered, they started throwing stones at police from their houses,” Klaasten said, adding that many members of the public were also there.

He said rubber bullets were fired in retaliation, to protect civilians.

Four members of the Mawubuye Land Rights Forum were arrested in Barrydale on Tuesday on a charge of public violence, including chairman Henry Michaels.

They appeared in the Swellendam Magistrate's Court on Wednesday, and were apparently told they would be kept in custody until Monday, for a formal bail application.

The forum and the Trust for Community Outreach and Education condemned the postponement, saying they would ask police why no immediate bail was granted.

Western Cape police spokesman Frederick van Wyk said there were sporadic incidents involving striking workers in some areas on Wednesday, and that police would act where appropriate.

He said 26 people were arrested overnight in connection with protests in Villiersdorp, Kraaifontein, and Ladysmith.

In Villiersdorp, 18 people were arrested for public violence and would appear in the Caledon Magistrate's Court later on Wednesday.

In the same area, four men were charged with possession of suspected stolen goods. They would appear in court on Thursday. Three men were arrested in Kraaifontein for public violence and would appear in the Blue Downs Magistrate's Court on Thursday. A man would appear in the Ladysmith Magistrate's Court the same day for malicious damage to property.

At least 180 people had been arrested in connection with the protests since Wednesday last week.

The Inkatha Freedom Party (IFP) called for an end to the violence by both police and workers, after a man was killed by a rubber bullet in De Doorns on Monday.

“We urge all stakeholders concerned to find a middle ground so that normality may ensue and the people of De Doorns (can) continue with their peaceful lives,” IFP labour spokesman Albert Mncwango said.

“We call upon government to step in before another tragedy occurs. Our country does not need another Marikana.” - Sapa

Bones found at Cape hospital

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Workers found the skeletal remains of a child while digging outside Lentegeur Hospital in Mitchells Plain.

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Cape Town - Workers found the skeletal remains of a child while digging outside Lentegeur Hospital in Mitchells Plain on Wednesday morning, the Western Cape health department said.

“The bones were found in a blanket while workers did maintenance on a fence,” spokeswoman Faiza Steyn said.

She said there was a possibility the bones could belong to two children, but cautioned that this would only be revealed in an investigation.

The police were called to the scene, but could not be reached for comment immediately. - Sapa

Farm strikes suspended

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The farmworkers' strike in the Western Cape has been suspended for one week, Cosatu said.

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Cape Town - The farmworkers' strike in the Western Cape was suspended for one week on Wednesday, Cosatu said.

The union federation's provincial secretary Tony Ehrenreich said the strike would resume next Wednesday unless Agri SA agreed to certain conditions.

“The only real thing that Agri SA has to agree to, is that they will not victimise workers for standing up and protesting against the R69 a day starvation wage.”

Agri SA also needed to “honour their previous commitments to local-level agreements”.

If the agricultural trade association did not agree, the strike would resume, either generally or in affected towns.

Farmworkers went on strike last year to demand their daily wage be increased from R69 to R150, and that a coherent land reform programme be implemented. The strike was suspended in December, but resumed on Wednesday last week in various towns in the province.

At least 180 people had been arrested in connection with the protests since Wednesday last week.

Earlier, Agri SA president Johannes Möller said in a statement that no agricultural wage deal had yet been made in the country.

He said a single Clanwilliam farmer had made an agreement that was “welcomed by Cosatu and portrayed by them as a collective deal with Clanwilliam farmers”.

He said the Congress of SA Trade Unions viewed this isolated deal as one which could “serve as a trend-setter for wider application”.

The offer was apparently not supported or mandated as a collective agreement by other farm leaders and their organisations in the area.

Agri SA had repeatedly called for individual farmers to negotiate with their workers, which was apparently taking place.

Commission for Conciliation, Mediation and Arbitration director Nerine Kahn said localised collective bargaining would resolve the strike.

Cosatu leaders and those of other unions agreed that if Agri Wes-Cape publicly announced its support for such bargaining, this would help secure an end to the dispute, she said. - Sapa

Family friend held for teen’s murder

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A man was arrested for the murder of a 16-year-old teenager whose arms were cut off and body burnt and dumped.

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Kraaifontein - A man was arrested in Cape Town on Wednesday for the murder of a 16-year-old teenager, Western Cape police said.

The 48-year-old would appear in the Blue Downs Magistrate's Court on Thursday for Charmaine Mare's murder, Captain Frederick van Wyk said.

The man was the boyfriend of one of Mare's relatives, he said.

She was reported missing on January 11. Mare's family went on holiday and left her with the 48-year-old. When they returned she was gone.

On Monday a passer-by found the burnt body of an unknown woman in Darwin Street, Kraaifontein. Her legs and arms had been cut off.

After searching the missing person's database police linked the body to Mare. The family identified her necklace and tongue ring.

“When detectives questioned the family the same boyfriend was also present. He was very vague with his answers while the rest of the family was very helpful with their answers.”

Detectives detained him for further questioning. Police searched the family's two cars and the veld near where Mare's body was found.

Her arms were found inside the garage of a house.

The man would face a murder charge. - Sapa

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