A heroin addict in need of money supplied police Captain Esmerald Bailey with tik, the Specialised Commercial Crime Court heard.

 Cape Town - A heroin addict in need of money supplied police Captain Esmerald Bailey with the drug tik, the Specialised Commercial Crime Court in Bellville heard on Monday.

Bailey, 44, has pleaded not guilty to counts of corruption, defeating the ends of justice, illegal possession of firearms and ammunition, and the possession or use of drugs.

She was arrested on December 9, 2011, in a police undercover operation authorised by the Western Cape Directorate for Public Prosecutions.

The addict who supplied her with tik at the time of her arrest, Waleed Diedricks, told the court he and Bailey had lived in the same apartment complex.

He got to know her through a friend who was dating Bailey's teenage daughter.

“After a while, I started dating the daughter also, and then started visiting Bailey herself,” Diedricks testified.

“I used to do favours for Bailey, such as disposing of items that she wanted to sell, such as a mat and a TV stand.”

Asked by prosecutor Jonas Xolile what the favours were about, he said Bailey needed money, “and I thought I would help her”.

“I also got something for each deal, such as R50 or R100, and on two occasions I bought tik for her.”

Diedricks was himself given a suspended sentence last year for his part in the crime, on condition he help with the investigation and testify for the State.

At the start of Monday's proceedings, magistrate Sabrina Sonnenberg warned Diedricks he had to answer all the questions truthfully, even if they incriminated him. At the end of the trial, she would rule whether his testimony was adequate, she told him.

Diedricks said he had never seen Bailey smoke tik, nor had he smoked it with her. He said he had once been arrested for possession of drugs, and had shared a cell with a man known only as Majied, who said he had a stolen police uniform which he wanted to sell.

“I informed a neighbour about the uniform, and he said he had a buyer for it.”

Diedricks said the transaction with Majied failed to materialise, and the neighbour suggested he try to obtain a police uniform from Bailey.

“My neighbour had a buyer who was willing to pay R2000 for a uniform, and the accused said she had one to sell. The buyer was willing to pay R4500 for a full uniform, that included a bullet-proof vest and ammunition.

“It was arranged for the buyer to wait for me in a car near a petrol station. The accused gave me a bag containing a uniform, a cap, and a bullet-proof vest, together with the ammunition, and I took this to the car that was waiting for me.

“The buyer first removed a plastic container with the bullets and, satisfied with the deal, he gave me the R4500. As soon as I had the money, the buyer informed me that it was an under-cover police operation, and I was arrested.”

The trial continues. - Sapa

The corruption trial of a former prosecutor was postponed in the Bellville Specialised Commercial Crime Court.

Cape Town - The corruption trial of a former prosecutor was postponed in the Bellville Specialised Commercial Crime Court on Monday.

Magistrate Sabrina Sonnenberg postponed the trial of former district court prosecutor Jonas Phosoko and co-accused Mlahleni Mgingi to April 19 because Mgingi could no longer afford a private lawyer.

He intended seeking State legal assistance from the Legal Aid Board. Both had made eight appearances in court since December 2011.

Phosoko faces one charge of corruption, two of theft, and two of defeating the ends of justice. Mgingi faces three charges Ä one each of corruption, theft, and defeating the ends of justice.

According to the charge sheet Mgingi was arrested in June 2010, for dagga possession. He appeared a number of times in the Bellville District Court, and was to have pleaded on in November 2011.

Prosecutor Derek Vogel alleged Mgingi and Phosoko met a number of times in Nyanga, Cape Town, and were in regular cellphone contact with each other during 2011. Between October and November in 2011, Mgingi allegedly paid Phosoko R1800 for Phosoko to steal and destroy the docket in the dagga case.

Phosoko allegedly gained access to the office of a court E prosecutor and removed the Mgingi docket without the other prosecutor's knowledge. Phosoko also allegedly intercepted a drunk-driving docket in which Mzamo Gam was to have appeared in court E in January 2011. This docket went missing and was later found at Phosoko's home. - Sapa

A Norwegian exchange student was raped and her boyfriend tied up by two armed men on Signal Hill, police have confirmed.

Cape Town - A Norwegian exchange student was raped and her boyfriend tied up by two armed men on Signal Hill early on Saturday, police confirmed on Monday night on enquiry from the Cape Times.

The sixth attack this year on the Table Mountain range, it led to a call from the mountain safety lobby group Table Mountain Watch for police to alert the public so people could be aware of danger.

“The thing we don’t like is police keeping silent if the media or people out there do not report on it.

They must make incidents public so that people can at least be forewarned,” spokesman Andre van Zyl said.

Police spokesman Andre Traut said on Monday night: “It was about 1am. The woman and her boyfriend were in their car when they were approached by two armed men who tied up the woman’s boyfriend. They robbed them of their personal belongings and raped the lady, who is in her twenties.

“They then drove the couple to Camps Bay where they left them in the car.”

He said no arrests had been made and the couple were asked to help formulate identikits of the suspects.

“The lady and the man both received trauma counselling and are being offered support.

“A case of robbery and a case of rape were opened,” Traut said.

Five robberies on Table Mountain have been reported since January.

Van Zyl said although he did not have figures at hand, Saturday’s attack was the first of its kind in about two years.

“There have been other attacks, but on hikers,” he said.

“I have not heard about such an incident for a long time.

“This is a serious incident and very unusual from the break-in of cars now and then,” Van Zyl said.

A city attempt to have the road closed at 10pm had proven unpopular, he said.

“It is a tricky situation because Signal Hill offers such beautiful views,” said Van Wyk.

Table Mountain National Parks (TMNP) spokesperson Merle Collins said they had around-the-clock patrols of the mountain, but night patrol teams were smaller than during the day.

“We were informed of the incident.

“We patrol the wilderness areas – areas that do not have tarred roads. Signal Hill parking area and the road fall under the city,” she said.

aziz.hartley@inl.co.za

Cape Times

The City of Cape Town will recommend that a misspelling of Gugulethu on street signs be corrected at a cost of R200 000.

Cape Town -

The City of Cape Town naming committee will recommend this month that a misspelling of Gugulethu on street signs be corrected at a cost of R200 000.

The misspelling dates from the 1980s, and appears as Guguletu.

In the report, the committee recommended:

* That the council noted the explanation of the spelling of “Gugulethu”; and that this be adopted as the correct spelling of the name of the township.

* That subject to available funding, all signage reflecting the incorrect spelling be replaced.

The committee said the misspelling was formalised in the 1980s, but that it “could only be speculated on why the ‘h’ in Gugulethu was not included on this formal documentation”.

The city’s language unit said that with the first publication of the Xhosa dictionary in the 19th century, “clicks” and “h” sounds were omitted.

“In today’s dictionaries, such as the Greater Dictionaries of Xhosa, and in isiXhosa orthography of 1980, this has been rectified. One can also look at other place names using the same suffix, such as Imizamo Yethu and Lingelethu.”

The committee said that although it was impractical to change the names on the general plans and individual title deeds for the area, it was possible for the city to change the appropriate signs to reflect the correct spelling.

But Gugulethu is not Cape Town’s only misspelling. In Langa, the city is looking to correct four names: Reverend Howard Marawa Street, which should be “Reverend Howard Marawu Street”; Lerotho Avenue, which should be “Lerotholi Avenue”; Zolile Musie Street, which should be “Xolile Musie” Street; and Jekula Crescent which should be “Mjekula Crescent”.

neo.maditla@inl.co.za

Cape Argus

ANC MP Sue van der Merwe was on the phone when intruders used a crowbar to smash through the kitchen door of her home.

Cape Town - ANC MP Sue van der Merwe was on the phone to her son when intruders used a crowbar to smash through the kitchen door of her Rondebosch home.

Shirley Aldum of the Rondebosch Community Improvement District said it was unclear whether Van der Merwe hung up before she was attacked, but her son, JP van der Merwe, who lives nearby, arrived at the house in less than five minutes. The police and ADT Security arrived soon afterwards.

The brutal attack on Van der Merwe, 58, on Friday evening has rocked Cape Town and the country, as more details emerge.

“Two males assaulted and strangled her until she lost consciousness. They fled when her son arrived home,” said police spokesman Captain FC van Wyk.

But in a statement, Van der Merwe’s brother, Gordon Young, said she had not lost consciousness. He believed the burglars had not realised there was anyone at home, and fled once the alarm had been raised.

Aldum said the men were well dressed and driving the “latest car”, which the police identified as a Hyundai.

She believed they may have been the “Crowbar Gang” which has been operating on and off around the suburb for the past few months.

“The modus operandi is different though. The Crowbar Gang never breaks in when someone is in the house; they always make sure the house is empty by ringing the doorbell.”

The gang use crowbars to force their way into houses in smash-and-grab burglaries. They have been known to move around the country.

Reports initially stated that the attackers made off with bank cards, but Aldum added that jewellery and money were also taken.

“There is evidence that they tried to take the television. These are usually the items the Crowbar Gang steals.”

Aldum said it was possible that more than one such group was operating.

ADT Security said they had no further details about the attack.

“The armed response officer did not see the perpetrators. There were also no suspicious persons sighted or reported in the area after the incident,” said Rob Dale, managing director for ADT Security, Western Cape.

The ANC wished Van der Merwe a speedy recovery. Its spokesman, Moloto Mothapo, declined to comment on the extent of her injuries.

“We are in no position to discuss the nature of the injuries except to say that she sustained injuries. She has since been released from hospital and is recovering,” Mothapo said.

Lieutenant-Colonel Andrè Traut said no arrests had been made. A case of house robbery had been opened.

The brutal attack adds to the increasing prevalence of criminal activity in the suburbs, according to the latest police crime statistics. Between April 2011 and March last year, a total of 350 burglaries were reported to the Rondebosch police station, while 507 were reported at the nearby Claremont police station.

Last year, another gang of house thieves dubbed the “Polite Gang” struck in the southern suburbs. Four men, all well-dressed, well-spoken and polite, targeted residents in Constantia and surrounding areas.

Wayne Weimann of BKM Neighbourhood Watch in Bergvliet said: “We encourage people to be involved in their local neighbourhood watch - it does make a difference.”

sibusisiwe.lwandle@inl.co.za

Cape Argus

A second accused in a major perlemoen case in the Cape is now wanted by Interpol after he went to China and did not return.

Cape Town -

A second accused in a major perlemoen case in the province is now wanted by Interpol after he was allowed to travel to China for a celebration and did not return, says the National Prosecuting Authority (NPA).

Yu-Chen Chao, one of 19 accused in the case which involves more than 100 charges and which has been running in the Western Cape High Court for about six years, last appeared in the dock there at the beginning of February, but is believed to have since skipped the country.

Another of his co-accused in the case, Yen-Chang Ku, is listed on the Interpol website as wanted by South African authorities.

Years ago, Ku was released on R40 000 bail, and it was believed he left the country in December 2008.

NPA spokesman Eric Ntabazalila said Chao, at his last court appearance in the high court, had said he wanted to attend a celebration in China.

It is believed the celebration was the Chinese New Year on February 10.

Ntabazalila said Chao had been warned to provide the investigating officer in the case with an alternative address for when he was in China, and Chao had agreed to this.

But Ntabazalila said Chao had not returned, had forfeited his R100 000 bail and there was an Interpol arrest warrant for him.

Chao and Ku are among the 19 accused facing charges related to perlemoen smuggling including racketeering, fraud and collecting, keeping, controlling or possessing perlemoen for commercial purposes.

The syndicate had allegedly operated in a number of areas, including a farm in Koelenhof outside Stellenbosch.

Members had allegedly illegally exported perlemoen, hidden under frozen fish, in containers bound for the Far East under the names of Rapitrade 109, or Syroun Exports.

In another perlemoen case in the Western Cape High Court, one of the biggest perlemoen cases in the court, involving about 26 accused who face a collective 590 charges, the alleged kingpin, Ran Wei, a Chinese citizen, was yet to be arrested.

About seven years ago, Wei had been arrested on perlemoen charges in Rustenburg and had later been granted R1-million bail in the Rustenburg Magistrate’s Court.

caryn.dolley@inl.co.za

Cape Times

Traffic officer Wesley Woodman’s relatives are struggling to cope after his death at the hands of an alleged gangster.

Cape Town - The family of slain traffic officer Wesley Woodman, who was shot dead while issuing a fine to an alleged gangster last week, say they are battling to come to terms with the tragedy.

Woodman, 35, was shot while he was issuing a traffic fine to Shuaib Arafdien for a broken tail-light in Prince George Drive, near Lavender Hill.

Arafdien, an alleged member of the Junkie Funkies gang, was also shot dead.

Craig Woodman, the officer’s older brother, said it was extremely difficult to accept what had happened.

“His kids loved their dad to bits and he was their hero.

“The family is not doing well as they’re battling to come to terms with the tragic and sudden death of Wesley.”

One of two children, Wesley grew up in Athlone, going to Garlandale Primary and then Garlandale Secondary, from where he matriculated in 1996.

“He was in the First Athlone Boy Scouts,” recalls Craig.

“Wesley loved cricket and rugby and he also enjoyed building model jets and airplanes, and on occasion he loved to unwind in front of the TV playing X-Box games.”

He added that his younger brother was joyful and polite, but also had a serious side to him.

“He loved his job and had a real passion for what he was doing.

“Wesley joined the force in 1999, something he always wanted to do, and served for 14 years.”

He added that Wesley doted on his family and would do anything to ensure their happiness.

Woodman leaves behind his wife Colleen and three children - Jenna-Beth, 10, four-year-old Jared and three-year-old Cole.

His funeral will take place at St John’s Church in Bothasig on Saturday.

Meanwhile, two men have been arrested in connection with the murder.

On Friday, Quinton Ashley Cordom, 26, made his first court appearance.

He allegedly made a confession to police and also led them to the murder weapon as well as Woodman’s service pistol.

Cordom allegedly gave the firearms to Sherwin Patric Cupido, 20, who was also arrested and had since been released on bail. - Cape Argus

Manenberg’s alleged serial rapist has been arrested after evading capture for six months.

Cape Town - An alleged serial rapist who stalked Manenberg and its surrounds has been arrested after being on the run for six months.

Vuyisile Stofile, of Site C, Khayelitsha, appeared in the Wynberg Magistrate’s Court on Monday on charges of raping at least three women.

Stofile, 30, was initially charged with one count of rape, but as the investigation extended, more alleged victims came forward.

Prosecutor Kepler Uys said the State was adding two extra charges of rape and four of robbery with aggravating circumstances.

He said an identity parade was held on Sunday and all the victims identified Stofile.

His alleged modus operandi was to accost women at knifepoint as they walked between Nyanga Junction shopping centre on Duinefontein Road and GF Jooste Hospital.

Stofile told the court he wanted to formally apply for bail, and a bail hearing has been set for April 25.

Police have appealed to people who have been victims of similar attacks to come forward. They can contact Warrant Officer Ian van Romburgh on 072 574 2341. - Cape Argus

While more people died in road crashes over the Easter holiday nationally, the Western Cape recorded a 30% decrease in road deaths.

Cape Town - While more people died in road crashes over the Easter holiday nationally, the Western Cape has recorded a 30 percent decrease in road deaths.

Preliminary figures show that at least 241 people - most of whom were pedestrians - died on roads around the country over the Easter long weekend.

Transport Minister Ben Martins said a total of 201 vehicle crashes were recorded during this period, leading to 241 deaths.

Last year, 217 fatalities resulted from 181 incidents.

In the Western Cape, Easter road deaths between March 29 and April 1 had decreased from 20 deaths in 2012 to 14 deaths in 2013.

Six passengers, six pedestrians, a driver and a motorcyclist were killed.

Martins said it was “regrettable” that the preliminary national figures were higher this year.

“Many passengers also lost their lives because they do not use safety belts. Only 2 percent of passengers use safety belts compared to 60 percent of drivers.”

Traffic officers have been encouraged to be stricter on people who do not use seatbelts.

Transport and Public Works MEC Robin Carlisle said the number of road deaths at this time of year had varied over the last five years.

There were just seven deaths over the 2011 Easter weekend, 28 deaths in 2010 and 21 deaths in 2009.

“Despite very low fatalities for Easter 2011, the long trend line shows that figures remain below the average since 2009,” Carlisle said.

In the Western Cape, there were two arrests for excessive speeding, with drivers clocking 165km/h and 195km/h in a 120km/h zone.

A total of 56 arrests were made for driving under the influence of liquor or over the limit out of f 3 370 people who were stopped and screened for alcohol.

Nationally, 250 000 vehicles were stopped, 79 056 fines issued and 864 people arrested for driving under the influence. Traffic authorities suspended 1 039 licences and impounded 1 024 vehicles.

The final figures are expected to be released once traffic authorities and police officers have compiled the information.

natasha.prince@inl.co.za

Cape Argus

The cross-examination of Thandi Maqubela, accused of killing her husband, was delayed in the Western Cape High Court.

Cape Town -

The murder trial of acting judge Patrick Maqubela's wife was delayed in the Western Cape High Court on Tuesday.

The State continued cross-examining Thandi Maqubela, but had to stop when she was asked to look at her detailed cellphone records for June 4, 2009.

She could not find the exhibit, and the court adjourned for her defence team to bring the relevant documents to court.

Maqubela and her co-accused Vela Mabena have pleaded not guilty to killing the judge on June 5, 2009.

Maqubela maintains he died of natural causes in his Sea Point apartment.

She has also pleaded not guilty to charges of forgery and fraud, which relate to his will.

She testified earlier on Tuesday morning that she could not remember whether she contacted Mabena first or if he contacted her first, about her trip to Cape Town on June 3, 2009.

She apparently arranged to meet Mabena that Thursday to hand over a book he wanted, but something else had come up.

“I'm not denying I called Mabena, but I don't know the sequence (of calls). I phoned Mabena at some stage and he phoned me,” she said. - Sapa

A suspected thief was killed by a mob in Dunoon, bringing the number of such killings in the city to seven in the past three months.

Cape Town - A suspected thief was killed by a mob in Dunoon near Milnerton yesterday, bringing the number of such killings in the city to seven in the past three months.

The latest mob killing in Dunoon is the second there in eight months.

In July an unknown man was killed by a group of men after he attempted to steal goods from a house.

On Monday, the attacked man was taken to Groote Schuur Hospital where he died late last night, and the body had not yet been identified, Forensic Pathology spokesman Zolani Zenzile said.

Residents said the man, with two of his friends, broke into a shack on Silver Leaf Street. The occupant of the shack, who asked not to be named, said the three men kicked down her door and ransacked her home.

“They came in here and took my clothes and anything else they could get.

“My children and my niece, we were eating. My kids started crying and we started making a noise to alert our neighbours to what was going on.

“All my neighbours came out of their homes and to my house. The three (suspected thieves) got scared and wanted to run away.

Two of them managed to escape.” She said one suspected thief who could not escape the mob was dragged down Silver Leaf Street.

“I just saw the guys drag him down the road and shouting. I was really just too scared to go out because I had a feeling that they were going to kill him,” she said.

Resident Jackson Mduna said: “I saw that they dragged the man down the road screaming. They kicked and smacked him in the face while he was being dragged. They got to the open field and all of them picked up stones and starting beating him.

“There was one big stone which was thrown on his chest with some force.”

A resident, who lives adjacent to the open field and who did not want to be named, said: “The men dragged the one guy and took a burning tyre and placed it on his head. The men who burned him all ran towards Potsdam Road.

“I was too scared to go near the body.

“I was scared that I might be next. I waited for police who came about one hour later.”

Moses Nala, a SA Civic Organisation community leader, said Dunoon needed a police station closer to it. “Milnerton police station is about 15km away from Dunoon. Crime is high here and you need police to respond very quickly – not two hours after someone is killed or housebreaking took place.”

Cape Times

A well-known local character, who lived in a building at Athlone Stadium, was shot dead in a mystery attack.

Cape Town - A well-known local character, who lived in a building in the Astro Turf area of Athlone Stadium, was shot dead in an apparently senseless attack on Monday night.

Shaun Wilters, known by the nickname Agent, was struck in the stomach by one of 13 bullets fired when he opened the door of the building to a knock at about 8.55pm, his brother Llewellyn said.

“There was something fishy about this. A black BMW with North West province plates drove by a couple of times before the shooting,” Wilters said.

“My brother wasn’t a ‘deurmekaar’ guy, if you know what I mean. He had many friends and did not fight with anybody.

“People knew him as a person who repaired motorcycles and the way the shooting happened, anybody who had opened the door could have been shot. It just happened to be Agent who opened the door.”

The people who lived in the Astro Turf building had won the right to stay there by court order, Wilters said.

“We all live in our own rooms. When they tried to kick us out during the World Cup, the court found that we could stay here.

“Apparently, one guy knocked on the door and when Agent opened it, the other guy fired the shots.

“At the time, Agent and another guy were busy fixing cellphones and the other guy had gone around the corner to fetch a pair of pliers. That was when Agent opened the door and was shot.

“I know Agent used drugs, although he never did it in front of me. But this could not have been about drugs. This was something else.”

At the time of publication, police liaison officers had not been able to get official information about the shooting.

Cape Argus

Professor Cyril Karabus’s bid to return home to Cape Town has been dealt another blow.

Cape Town - Professor Cyril Karabus’s bid to return home to Cape Town has been dealt another blow.

A hearing today of an appeal by the prosecution against him being freed has been postponed to April 23, after the prosecution failed to bring a medical translator to court.

Karabus’s lawyer, Michael Bagraim, said the postponement appeared to be another delaying tactic.

Karabus, pictured, a UCT emeritus professor and retired paediatric oncologist, has not been allowed to leave the United Arab Emirates (UAE) since August. He was convicted in absentia of manslaughter, after the death of a Yemeni girl he treated while on locum in Abu Dhabi in 2002.

“It is beyond understanding. It wasn’t a case of the medical translator not being available or away, it was just a matter of them not bringing him to court,” he said.

“There simply is no legal basis for this appeal or for what they are doing. This is territory for a psychologist now, certainly not a lawyer.

“We simply do not understand if there was something that had upset them or whether they just do not like losing. We just do not know what is behind this.”

Bagraim said the process was hurting the UAE, because that country would find it increasingly difficult to get doctors to work there.

The

SA Medical Association (Sama) spoke of its shock after UAE prosecutors announced that they would appeal against the court decision to acquit Karabus on charges of manslaughter.

Dr Mzukisi Grootboom, the medical association’s chairman, said the UAE had moved from a travesty of justice to cruel and extreme punishment.

“The UAE has finally exposed its true intentions with this now seven-month farce - which are clearly not to let justice prevail.

“Professor Karabus was found not guilty and absolved of all charges, so what possibly could be the basis of any appeal other than just to inflict further suffering on an elderly and respected colleague?”

Sama has called on South Africa’s Department of International Relations and Co-operation to intensify diplomatic efforts to resolve this matter.

“The association will also take advantage of an opportunity to lead and reiterate its call for a global boycott of doctors and health personnel of the UAE and other countries violating the human rights of health-care workers,” Grootboom said.

natasha.bezuidenhout@inl.co.za

Cape Argus

A man burnt to death when a truck and car collided near Riversdale in the Western Cape, police said.

Johannesburg - A man burnt to death after a truck and car collided near Riversdale last week, police said on Tuesday.

“The car immediately caught fire with the driver trapped behind the steering wheel,” said Captain Malcolm Pojie.

The man was apparently travelling towards Riversdale when he lost control of his car and crashed head-on into the truck.

The three occupants of the truck were taken to the Riversdale hospital.

Riversdale police had opened a culpable homicide docket.

Sapa

Former Fidentia boss J Arthur Brown admitted guilt on two major counts in his embezzlement trial.

 Cape Town - Former Fidentia boss J Arthur Brown admitted guilt on two major counts in his embezzlement trial in the Western Cape High Court on Tuesday.

He handed in a document with admissions on two charges related to the Transport Education and Training Authority (Teta) and Matco (Mantadia Asset Trust Company).

Teta advanced two promissory notes and two cash amounts totalling R200.3 million to the Fidentia groups of companies as an investment on a non-discretionary mandate, of which R15m had been returned.

Brown admitted that these amounts were invested from time to time in asset classes different to those specified in the investment mandate.

“At the time and throughout the period, I knew that investing in these alternative asset classes would be more risky and would not be as safe as those described in the Teta mandate, and could cause potential prejudice and I have reconciled myself with this fact,” he said in the document.

He also admitted that monthly statements prepared for Teta between May 2003 and September 2006 were incorrect.

“I knew that this could cause potential prejudice and I have reconciled myself with this fact.”

He said his actions on this count were a misrepresentation of the true facts and he had thereby caused potential loss to Teta.

“My actions were unlawful and constituted fraud by way of dolus eventualis (indirect intention).”

Regarding Matco, he admitted that Fidentia misrepresented itself by saying the full purchase price for the company would be paid before it took control of Matco.

“On the date of the transaction, I knew that Fidentia had enough assets in the form of negotiable instruments to execute the sale of share agreement, but not enough liquid cash and that Fidentia would use funds derived from fees from the investment mandate agreement with Matco to pay the largest portion of the purchase prices of the shares.”

Brown said Fidentia had only enough cash to pay the minority shareholders on October 19, 2004.

The same day, Fidentia received control of Matco before full payment and therefore ordered the transfer of R69m from the Matco current account to Fidentia.

He said these actions amounted to misrepresentation of the true facts in respect of the sale of share agreement.

“Although I was not directly involved in each and every detail of this transaction, I did not prevent the format of the transaction. I foresaw that this could cause potential prejudice to the shareholders of Matco and reconciled myself therewith,” Brown admitted in the document.

“My actions were unlawful and constituted fraud by way of dolus eventualis.”

Brown said he made the admissions to “bring an end to the trial”.

The trial was postponed to Wednesday for argument. - Sapa

A forgetful witness in the corruption trial of police Captain Esmerald Bailey told the court he was only human.

Cape Town - A forgetful witness in the corruption trial of police Captain Esmerald Bailey told the Bellville Specialised Commercial Crime Court on Tuesday he was only human.

“Your worship, I am only human,” Waleed Diedricks said under cross-examination by defence attorney William Booth.

Bailey has pleaded not guilty to charges of corruption, illegal possession of a firearm and ammunition, possession or use of drugs, and defeating the ends of justice.

On the corruption charge, Bailey is alleged to have given Diedricks a bag containing a police uniform with cap and bullet-proof vest, and a transparent plastic bank bag containing ammunition.

Diedricks was to have delivered the bag and its contents to a buyer for R4500. Diedricks did so unaware the buyer was in fact part of a police undercover operation, and both he and Bailey were arrested minutes later.

For his part in the saga, Diedricks entered into a plea bargain last year, and was given a prison sentence, suspended on condition he assisted in the investigation against Bailey and testified for the prosecution.

Diedricks was adamant he had not signed any documents with the State prior to his own trial. However, when Booth produced the plea-bargain agreement he signed, Diedricks was bewildered and said he had forgotten about it.

Pressed about his forgetfulness, Diedricks blurted: “I forgot about it, I am only human.”

Booth said the plea agreement had been of great significance to Diedricks as, in terms of it, he avoided a prison sentence for corruption, if he helped the investigation.

“How can you forget such an important agreement?” Booth asked.

Diedricks replied: “I forgot because I am human.”

He told the court how, at the request of the police uniform's “buyer”, he approached Bailey in an internet cafe to ask if she had a uniform to sell.

She agreed after Diedricks offered her R4 500 if the uniform included ammunition and a bullet-proof vest. He said Bailey was moving home at the time, and he accompanied her from the internet cafe to her apartment, which was next door to his own.

In her apartment she asked him to remove her name from the police cap, and told him not to inform anyone about the deal.

“The accused said she did not want anyone to know about the uniform,” he added.

The trial continues on Thursday. - Sapa

The murder-accused widow of acting judge Patrick Maqubela did not use his phone the day he was killed to call her co-accused, the court heard.

Cape Town - The murder-accused widow of acting judge Patrick Maqubela did not use his phone the day he was killed to call her co-accused, the Western Cape High Court heard on Tuesday.

The State cross-examined Thandi Maqubela on three outgoing calls recorded on his phone on the morning of June 5, 2009: to her employer Forever Living Products, to a female friend, and to her co-accused Vela Mabena.

Two other calls were then made from Mabena's phone to her husband's phone.

Maqubela and Mabena have pleaded not guilty to killing the judge that day in his apartment in Bantry Bay.

Bonnie Currie-Gawmo, for the State, said it was odd that the judge would call his wife's company's head office in Cape Town.

Maqubela said she had received an incentive to travel to the United States in August and that she was allowed to bring a partner.

She speculated her husband had phoned her office to submit his travel documents and to finalise arrangements.

Currie-Gawmo said the judge would not have been able to go on the trip because court was in session in August and September.

She said it was unlikely he would phone her woman friend and Mabena, especially because she had testified her husband did not know him.

Maqubela replied: “I didn't make those calls. I never used my husband's phone unless we were in the same car or sitting together.”

She previously testified she contacted Mabena that Friday to arrange a meeting to hand over a book he wanted.

However, the State said there was no record on any of her three phones of a call placed to Mabena that day.

“I remember calling each other. I think he was saying he was on his way and then I must direct him. I can't remember if I directed him,” Maqubela replied.

The court heard the calls triggered a base station at the President Hotel in Bantry Bay, where the Maqubelas had an apartment.

“The only explanation for these calls is that you made them. Your husband had no reason to,” Currie-Gamwo suggested.

Maqubela denied the assertion. She testified she did not have access to her husband's phone from Friday to Sunday.

The trial continues. - Sapa

A new bird flu has been detected on an ostrich farm near Oudtshoorn.

Cape Town - A new bird flu was detected on an ostrich farm near Oudtshoorn on Tuesday, Western Cape agriculture MEC Gerrit van Rensburg said.

“The tests indicated that the causative organism is a H7N1 virus. The pathogenicity of this virus is unknown as yet, but samples have been submitted to determine the type,” he said.

The source of the infection was also not yet known, but the department had started an “intensive epidemiological investigation”.

As a precautionary measure, he had prohibited all movement of ostriches and their products within a three kilometre radius of the outbreak farm.

All ostrich holdings in this zone were being quarantined, sampled and tested for the presence of the flu. The department's planned ostrich auction for Wednesday had also been postponed. The measures would remain in place until further notice.

Van Rensburg said the impact of this latest outbreak on the industry's export hopes would be clearer once the results of the follow-up test were known.

Ostrich producers were strongly recommended to limit the movement of their animals within the vicinity, and to report any sick or dead birds to the state veterinarian.

The Cape Argus reported on Tuesday that the industry had been hard hit by an export ban imposed on South African ostrich meat in April 2011, after an outbreak of avian flu.

To date, 50 percent of ostrich farmers had left the industry because of the export ban and subsequent job losses. There was also a new threat from thieves, who were plucking feathers from live birds at night.

The Western Cape government's research farm in Oudtshoorn was reportedly one of the main targets.

Researcher Stefan Engelbrecht told the newspaper it was first hit by feather thieves about a month ago, and then again recently.

About 70 birds were plucked and four were bludgeoned to death. - Sapa

Cape Town has always been a wow spot to say your vows for foreign couples - but no longer, annoyed marriage officers say.

Cape Town - Cape Town has always been a wow spot to say your vows for foreign couples - but no longer, annoyed marriage officers say.

Marriage officers and wedding co-ordinators say that the government has introduced new rules that wrap a would-be wedding in red tape, and many foreigners are not prepared to tie the knot here anymore.

A group met in Rondebosch yesterday to discuss the implications of the regulations on the multimillion-rand local wedding industry.

It was estimated that foreign couples choosing South Africa as their wedding destination brought in at least R560 million to the economy every year.

The new regulations, which had come into effect within the last year, meant foreign couples had to apply for their unabridged marriage certificate and then collect it three months to a year after the wedding.

If a foreigner wished to marry a South African, they would have to be interviewed by an immigration official at Home Affairs. In Cape Town the only option for the interview was the Barrack Street offices.

A notice outside the Cape Town Home Affairs offices read: “Only the applicants or their family members are allowed to collect their BMD (birth, marriage, death) certificates. No agent may apply on behalf of or collect on behalf of an applicant.”

Marriage officers had previously been allowed to apply for and collect these documents for the couple.

Walter Schwär, a marriage officer, said South Africa had been a “paradise” for foreign couples, but the new regulations made it too complicated and unpleasant.

Aleit Swanepoel, the founder and chief executive of wedding co-ordinating company The Aleit Group, said the new regulations had already cost him a number of foreign clients.

He said 70 percent of his clients had previously been foreign and this had been reduced to 50 percent.

“Sadly, it is my belief that the economy as a whole will be influenced extremely negatively, should the SA government not jump in.”

The Aleit Group co-ordinated about 20 international weddings a year, he said.

Swanepoel said the average wedding his company co-ordinated cost about R500 000, but with the addition of car hire, flights, food, fuel, accommodation and honeymoon expenses, weddings contributed far more to the economy.

“All the above contributes to the sum of the total income towards the South African economy… these couples and their guests in South Africa… come back… they tell their friends, they tell their colleagues,” he said.

“Should the new legislation be informed, job losses will occur, the hospitality industry will suffer.”

Marriage officer Gordon Oliver said he understood that Home Affairs needed to tighten security measures, but felt they had gone overboard. “The word that’s going around is, ‘Don’t get married in South Africa, it’s too complicated’. We’re hoping Home Affairs will agree to meet with us to hear our concerns.”

Wedding co-ordinator Christiane Verweyen said foreign couples wanted to get married in South Africa because of “the beauty of the country” and because the paperwork had previously been “quite easy”.

The Department of Home Affairs did not respond to a request for comment.

Cape Times

A new threat has emerged in the beleaguered ostrich industry - feather poachers.

Cape Town - A new threat has emerged in the beleaguered ostrich industry - feather poachers.

The industry has been hamstrung for the past two years by an export ban slapped on South African ostrich meat in April 2011 after an outbreak of avian flu.

And now ostrich strippers are creeping into fields at night to rip the feathers from the live birds.

To date 50 percent of ostrich farmers have left the industry because of the crippling impact of the export ban, with job losses on farms and in related industries.

Piet Kleyn, head of the SA Ostrich Business Chamber, said the price of ostrich feathers had gone up recently.

This might be a reason for the sudden appearance of feather thieves.

“It’s quite a problem at the moment. They pluck the birds at night. Some get injured and some are killed. They pluck them in a bad way so the birds get messed up badly.

“This is a new type of thing which we are not used to.

“Normally the birds are plucked in the slaughter factory after they are stunned.

“It’s not a problem if it’s done in the correct manner and if the birds are ready for plucking, then little harm is done.

“But these villains attack the birds when the feathers are not ready and it’s quite a mess, with the birds bleeding. And they kill some of them,” Kleyn said.

The police are investigating the matter. Kleyn said it appeared to be a well-organised group.

The provincial government’s research farm in Oudtshoorn has been one of the hardest hit.

Researcher Stefan Engelbrecht of the research farm said yesterday they had had the first attack by feather thieves about four or five weeks ago and another one recently. About 70 birds had been plucked and four had been bludgeoned to death.

“This is the first time we’re seeing this. It’s happened to us twice now, and it’s also happened on three other farms that I know of,” Engelbrecht said.

Because the feathers that had been ripped from the ostriches were still “green” - not ready for plucking - the birds had bled.

Regarding the ban, Kleyn said it was difficult to quantify how much the lost of export markets had cost the industry, but it was estimated to be in the region of R1.2 billion. The bulk of the ostrich meat was exported, particularly to the EU. The market for ostrich meat in South Africa was very small.

“Many people have gone out of business, and people related to the industry as well, so it’s a tough period for the regions involved. There are 50 percent fewer farmers than they used to be before 2011. The production has gone down tremendously. It’s a terrible thing to happen to an industry,” Kleyn said.

A positive development was that the local market had increased slightly, and so had the price of feathers and leather.

The ban applies to the export markets, so birds are still slaughtered, their feather and hides sold and the meat can be sold locally.

“Unfortunately we can’t sell all the meat locally because the market is not big enough.

“We rely on the export market heavily.”

Cape Times