The City of Cape Town aims to do away with at least 958 bucket-system toilets by next year.

Cape Town - The City of Cape Town aims to do away with at least 958 bucket-system toilets by next year in an effort to alleviate a sanitation backlog.

During a press briefing on Sunday, Cape Town mayor Patricia de Lille said some residents had rejected portaloos and had opted to use the bucket system.

In a statement, De Lille said: “The reality is that in some instances communities have rejected the use of PFTs (portable flush toilets) for a range of reasons.

“This is regrettable as… it is often the only available toilet technology for a community.”

Human Settlements MEC Bonginkosi Madikizela said the reason some residents had rejected the portaloos was to “hold the city to ransom” because they wanted houses and flush toilets.

Madikizela said it had also been found that people pretending to be “gatekeepers” would claim to be mandated by “the community” to communicate with the city and would reject new systems.

But after investigation it was established that the “gatekeepers” were not in fact representing the needs of residents.

The city planned to not only engage with community leaders and gatekeepers but also to communicate with individual households.

The city said it was impossible to give everyone houses and flush toilets at once and that the portaloos were a “dignified option”.

De Lille said: “The city has already rolled out 11 300 of these portable flush toilets to communities, especially in informal settlements.

“We now plan to roll out another 12 000, of which we will prioritise 958 where we still have the old bucket system.”

In a warehouse depot in Woodstock there are about 12 500 portable flush toilets in storage, to be distributed to the areas identified as still using the bucket system.

The city said it serviced 958 bucket toilets.

“Sanitation investment” had been boosted, with funds spent on sewerage infrastructure increasing from R51 million in 2006 to R130m in 2011-2012.

The number of toilets in informal settlements has more than trebled from 10 591 to 34 225 over the same period, according to the city.

Social Justice Coalition’s Axolile Notywala raised doubts about the number of bucket-system toilets quoted by the city.

The coalition has been vocal regarding the monitoring of sanitation in the city. Last week, it raised the alarm about the monitoring of outsourced services.

“A lot of residents see it (porta-loos) as an improved bucket system – but still a bucket system,” Notywala said.

He said the city undermined research that showed that about half a million people did not have access to sanitation.

“Our research shows that the city is failing to monitor outsourced services,” he said.

Regarding those who did not want the portaloos, Notywala said: “There are people who don’t prefer to have the portaloos. But I don’t think the reason is that.”

He said the city had failed to explain to residents that the portaloos were a temporary measure.

“Because then people would be interested,” he said, adding that it was a generalisation to say residents were against the portaloos.

natasha.prince@inl.co.za

Cape Argus

Doctor Cyril Karabus is waiting for final clearance documentation and could leave the UAE on Tuesday afternoon, his lawyer said.

Cape Town - South African doctor Cyril Karabus is waiting for final clearance documentation and could leave the United Arab Emirates (UAE) on Tuesday afternoon, his lawyer said.

“We've got a strong feeling that tomorrow (Tuesday) afternoon he would be on a plane,” Michael Bagraim said on Monday.

The 78-year-old paediatric oncologist has been detained in the UAE since August 18, after being sentenced in absentia for the death of a Yemeni girl he treated for leukaemia in 2002.

Karabus was acquitted on March 21, and won an appeal, but his return to South Africa was delayed because he was on the UAE's database as a fugitive from justice.

His bail money of R250 000 was returned to him last week.

Bagraim said that Karabus needed only one, final signature from the UAE's interior department on his final clearance to authorise his departure from the country.

Karabus's passport would be returned to him with this document.

“I spoke to (Karabus) earlier and he is very positive,” Bagraim said.

“He said: 'One signature, and I'm off,'… We are waiting with bated breath.” - Sapa

A pastor is to appear in court charged with trying to smuggle drugs, concealed around his private parts, into a prison.

Swellendam - A Swellendam pastor is to appear in the Swellendam Magistrate’s Court on Monday charged with trying to smuggle drugs into a prison.

The man was among a group of clergymen granted access to Buffeljags Correctional Centre in Swellendam to perform spiritual rehabilitation of prisoners on Saturday. Correctional Services spokesman Simphiwe Xako said when the pastor was searched at the gate, prison officials alerted police who arrested him.

It will be the State’s case he was in possession of 57g of dagga, Mandrax tablets and six sachets of tik concealed around his private parts, Xako said.

He said the man was a registered pastor and worked with the department on a “daily basis”. He was at the prison to perform a ritual.

Police spokesman Tembinkosi Kinana said the man would be charged with possession of drugs.

Regional correctional services commissioner Delekile Klaas praised prison officials. He said he was shocked at the charge.

”The smuggling of illegal substances into our centres reverses all our good work in the drive to fight crime and in ensuring that South Africans are and do feel safe,” Klaas said.

In March, a prison warder in Goodwood was arrested for possession of 50 mandrax tablets.

Meanwhile, police in Mitchells Plain arrested 148 people for the illegal possession of drugs during the operation last week (from Monday to Sunday).

They confiscated 1 008 heroin units, 279 units of tik, 94 Mandrax tablets and dagga after receiving tip-offs from residents.

Kinana said the successes showed there was good co-operation between the communities and the police.

Cape Times

The father of a 19-year-old says he is determined to find out what caused her mom’s Jaguar to go off the road and onto the rocks.

Cape Town -

The father of a 19-year-old being treated for a minor concussion and severe bruising says he is determined to find out what caused her mother’s Jaguar to veer off the road and crash into the rocks at Bakoven near Camps Bay.

Aurora Marcopoulos, from Hout Bay, was recovering in ICU after undergoing tests at the Christiaan Barnard Memorial Hospital on Sunday.

ER24 spokesman Derrick Banks said Marcopoulos was still inside the car, wearing her seatbelt, when she was found at 7am after the car had rolled down an embankment on Victoria Road.

“ER24, Fire and Rescue, police, emergency services and community medics assisted in the rescue. Paramedics treated her for suspected neck and back injuries with multiple cuts and abrasions on her body. She was removed from the car and treated further,” he said.

Banks said the Skymed Rescue helicopter transferred the driver from the scene on to the road where she was then transported to hospital in a serious but stable condition.

Marcopoulos’ father, Haris Marcopoulos, said she was on her way home in her mother’s Jaguar at about 2am on Saturday after a night out with friends in Cape Town when the accident happened.

“We became concerned when she didn’t come back, but then assumed that she had stayed with her friends. When we got the call about the accident, we rushed there. We always tell our children to let us know when they’re on their way so we can keep track of when they are expected to get back, but we are just glad that she is fine,” he said.

Marcopoulos said his daughter, a full-time media and politics student at UCT and a part-time model, was known to be very responsible.

“We believe that she could have lost control or fallen asleep behind the wheel because they did tests to check her alcohol level, or if her drink was spiked, but they were negative.

”A number of her belongings were stolen,” Marcopoulos said.

He said the family was at hospital to visit Aurora who was still sedated on pain medication after being treated for a minor concussion and fractured ribs on Sunday.

“We will have to wait until she recovers to find what really happened. She is a very lucky girl. Doctors say she will make a full recovery soon,” Marcopoulos said.

Christiaan Barnard Memorial Hospital spokeswoman Michelle Norris confirmed Marcopoulos’s injuries and said she was stable, but could not confirm when she would be discharged.

Police spokesman Tembinkosi Kinana said a case of negligent and reckless driving was opened as police were still investigating the incident.

“At this stage we have not received reports regarding whether or not she was under the influence of alcohol,” he said.

barbara.maregele@inl.co.za

Cape Times

J Arthur Brown’s lawyer says a hefty fine would be a suitable punishment for the “ostracised” former Fidentia boss.

Cape Town - A fine is an appropriate sentence for the fraud committed by former Fidentia boss J Arthur Brown, the Western Cape High Court heard on Monday.

Braganza Pretorius, for Brown, said the section of law stipulating a minimum sentence of 15 years' imprisonment for fraud was not applicable.

He argued that the section applied to fraud offences involving amounts of more than R500 000 and that the State had not proved actual monetary loss.

“There was no actual prejudice proved or admitted, and the potential prejudice which Brown was convicted on cannot be measured in monetary terms,” Pretorius said in his closing arguments for Brown's sentencing.

Brown, 43, was recently convicted on two counts of fraud related to his admissions about misrepresentations he made regarding investments entrusted to him.

Pretorius said a stiff fine, rather than a term of imprisonment, should apply.

“I understand that this is not a 'Mickey Mouse' charge,” the lawyer said.

Should the court decide the minimum sentencing section applied, Pretorius asked that substantial and compelling circumstances be considered for a lesser sentence.

He said Brown had shown remorse by apologising to his staff, offering to help investors recover money, and taking the court into his confidence.

“He has learnt a dear lesson and will certainly be more cautious when doing business in future,” he said.

“This is not a violent crime and the community does not need protection from Mr Brown... The accused should not be sacrificed on an altar of deterrence”.

Pretorius said it would be a waste of Brown's intelligence and creativity to put him in jail.

The lawyer said Brown could never have foreseen that Fidentia would be put under curatorship and that it would have such “disastrous consequences”.

Brown's personal circumstances were that he was a first offender, had not seen his children for five years, and had already spent 191 days in prison awaiting trial.

Pretorius said it was ironic that a large portion of this time spent in jail was on a charge which the State conceded it did not have enough evidence to secure a conviction.

The court should also keep in mind the punishment which Brown had suffered through media publicity.

“He was subjected to immense media exposure and branded as a thief who stole millions. The damage is done, and he has been ostracised as a result.” - Sapa

Tony Ehrenreich wants disciplinary action against Mayco member, Grant Pascoe, for the mishandling of the Liverpool fixture.

Cape Town – ANC leader in the city council Tony Ehrenreich wants disciplinary action against amayoral committee member for tourism, events and marketing Grant Pascoe for his handling of the Liverpool Football Club saga.

Liverpool were to play local club Ajax Cape Town at Cape Town Stadium on May 21, but things fell apart when the Premier Soccer League banned Ajax from playing the match.

“Our concern is the city committed millions in public funds to the event. The benefit to the city was supposed to be exposure and attraction of tourism and so on. To do this, you need to put proper arrangements in place. He (Pascoe) has an executive director and staff in his department and should have checked all developments.

“There has been dereliction of duty on his part because Cape Town’s reputation is being damaged,” Ehrenreich said.

The Liverpool visit was discussed at a council meeting in April when the ANC had advised Pascoe to negotiate with the PSL and SA Football Association, he said.

“But his arrogance is part of inability to lead a portfolio so important,” Ehrenreich said.

He alleged Pascoe was being reckless and was unsuitable for the job.

“He is unsuitable for high office, but this happens during the DA’s deployment of people not fit for the job,” he said.

“It is because he is key to the DA in Mitchells Plain. But because of his incompetence it is the people of Mitchells Plain who will now suffer. We’ll table a formal request at the next council sitting and call on the mayor to have disciplinary action instituted,” Ehrenreich said.

Pascoe countered that the city had not lost any money. “He (Ehrenreich) is entitled to his opinion. The executive director did nothing outside his authority. We got permission from the council. I don’t know how we are incompetent. We are there to grow tourism and create jobs. I think it is rather unfortunate some people want to jump on the bandwagon.”

Pascoe said he would welcome a disciplinary hearing, as it would show just how wrong Ehrenreich was.

”A hearing is fine. It’s part of holding us accountable.”

Pascoe said the idea of the Liverpool match started after Manchester United played in Cape Town in July. The exposure Cape Town received and the television coverage of the match spurred the city to approach several European clubs to visit in their off season.

Talks were held with Liverpool in February when city officials and Manchester United representatives met to for a post match analysis of the July match, said Pascoe.

“They (Liverpool) were keen to come out and two months later they agreed to a contract,” he said and added that the city lawyers had assured him everything in the contract was above board. It included a proviso that the clubs obtain the required permission from their respective football federations, and a no-liability clause which meant the city would not have been liable for injury of any of the players, he said. – Cape Times

aziz.hartley@inl.co.za

A leading figure in cycling has called for a ban on "yellow-line" driving, after a top cyclist was killed in a hit-and-run collision.

Cape Town - A leading figure in cycling has called for a ban on “yellow-line” driving, after a top cyclist was killed in a hit-and-run collision.

Koos Roux, 59, of Bloemendal, was killed while riding on Bottelary Road with his son, Kobus, 19, just before sunrise on Sunday.

Roux held a doctorate and was the curator of the Compton Herbarium at Kirstenbosch Botanical Garden, which is the second largest of its kind in southern Africa.

Police confirmed on Monday that Roux had been killed in a hit-and-run, and said no one had been arrested by on Monday morning, 24 hours later. Philip le Roux, curator of the Kirstenbosch gardens and a fellow cyclist, said staff were in shock.

“The organisation is stunned – it’s terrible,” he said. Chris Willemse, who owns a chain of cycling stores, said: “He was cycling in our colours, and I knew him as a client. It’s sad, very sad. That road is a cycling paradise for the northern suburbs. And it was inside the yellow line that they were knocked over.

“I don’t know what more cyclists can do to have our lives not put in danger by motorists. Where else must we ride? We belong on the road, too.”

Willemse called for a ban on vehicles driving in the yellow line, which has become commonplace.

Lourens said a memorial ride would be held on Saturday at 8am, from Bellville Velodrome to the site.

Roux’s son is out of hospital.

Police spokesman André Traut said Roux had been struck by a white LDV (bakkie). “Two men of light complexion were (in the vehicle),” Traut said. “There must be extensive damage to the bonnet and windscreen, as (his) head struck the windscreen.”

Cape Argus

For the last six months, the streets of F-section in Khayelitsha empty out before pupils leave class, a terrified resident said.

Cape Town - A gang of pupils from Bulumko Secondary School in Khayelitsha is apparently terrorising the community of F section in Khayelitsha.

A woman who lives less than a hundred metres from the school contacted the Cape Argus after her nephew was stabbed to death in the street outside her house. The police could not confirm the incident, saying that the relevant communications officer was not available until this week.

The murder happened in the early hours of Sunday a week ago. The woman, who asked to be identified only as “Cornelia”, spoke of how she looked on as a gang attacked a man in the street outside her house. She believes that they are part of the same group of Bulumko pupils who have been fighting among themselves and occasionally mugging residents in F section.

Only after the attackers fled did neighbours venture outside.

She said that for the last six months, the streets empty out before pupils at the school leave class on weekday afternoons.

“It has been going on for a long time. Every morning I have to ask my son to walk me to the taxi stop because it is not safe. But even him, as a grown man, is afraid to stay at my house alone,” she said.

The Cape Argus contacted the school and spoke to a senior staff member. The teacher admitted that there were weekly incidents of fighting on and off campus involving the school’s pupils – boys from the age of 14 and up. He said that the school had punished pupils for fighting, but had not yet expelled anyone.

“When they are all together it is difficult to identify who the main perpetrators are,” said the teacher. When asked for his name, the man said that he wanted to remain anonymous amid safety concerns.

But Cornelia warned that, in the absence of police intervention, the community could turn on the pupils and mete out vigilante punishment. In recent months there have been a number such mob justice cases ranging from beating and stoning perpetrators to burning them alive using tyres as fuel.

In February last year the Cape Argus reported on teenage street gangs fighting among themselves with knives and pangas in Khayelitsha. The came after 17-year-old Zubenathi Samela was stabbed twice in the head, and on his arm, near his Ngwamza Street home. Also in August, Western Cape Premier Helen Zille set up a commission of inquiry into the efficiency of policing in Khayelitsha. The commission is now the subject of a court battle, after police Minister Nathi Mthethwa challenged its legality. An appeal is set to be heard by the Constitutional Court this August.

“In the meanwhile the commission has been put on hold, although a skeleton staff remains to gather evidence and to log complaints from the community,” said Amanda Dissel, the commission’s secretary.

daneel.knoetze@inl.co.za

Cape Argus

Richard Kohler was told he would never paddle again. His response? The first continuous solo navigation of SA’s coastline by kayak.

Cape Town - Richard Kohler was told he would never paddle again – such was the fragility of his lower back post surgery.

His response? Defiance.

And last week, the Capetonian was named “SA Adventurer of the Year” in Nightjar Travel’s annual awards, in partnership with Cape Union Mart.

Kohler’s achievement: the first continuous solo navigation of SA’s entire 3 300km coastline by kayak.

The paddler and sailor from Milnerton took on the challenge with a simple purpose: to change his life, replacing the relentless stress of business with his great passion: the ocean.

Equally important for Kohler was raising funds and awareness for the Miles for Smiles foundation, formed to assist Operation Smile in creating awareness of the plight of children born with cleft lips and palates, and to raise funds to perform corrective surgery on them. By the time Kohler had completed his “Paddling for Smiles” adventure, his own smile had been lost in a beard after 70 days at sea.

According to the judges, “Risk of death by misadventure” was “high”.

“From run-ins with sharks to getting pounded by the surf, when things go wrong on the sea, they go wrong in the blink of an eye, and as a solo paddler, your chance of being rescued in time is slim,” Kohler’s citation read.

Kohler began on the Namibian border, at the Orange River Mouth, and completed his journey when he crossed into Mozambican waters at Kosi Bay.

The highlight of his mission was right here in Cape Town – paddling with killer whales on the False Bay crossing.

The runner-up in the Nightjar awards was a fellow Capetonian, Kai Fitchen, 19, who travelled from Cape Town to Kenya on foot and by public transport, to climb Mount Kenya and create environmental awareness with pupils along the way.

The modesty of the awards ceremony at the Cape Union Mart Adventure Centre in Canal Walk on Wednesday May 8 belied the extraordinary adventures of the finalists, who included three of SA’s best-known explorers:

Kingsley Holgate was recognised for his world-first 12-month humanitarian odyssey from the northernmost to southernmost points of the Great African Rift Valley, from Djibouti on the Horn of Africa to Gorongosa in Mozambique, distributing malaria nets, water-purifying LifeStraws, and Right to Sight glasses along the way.

Peter van Kets and Braam Malherbe were honoured for their 768km race to the South Pole to commemorate the 100th anniversary of Robert Falcon Scott and Roald Amundsen’s race in 1911/12. Only three teams finished, with the pair coming third and, in a show of tremendous camaraderie, helping the British team to the Pole.

The judges included Riaan Manser, who boasts three world firsts – the first person to cycle around the entire perimeter of Africa; the first to circumnavigate Madagascar by kayak; and the first to finish a 5000km circumnavigation of the Icelandic coastline.

Fellow judges included Matthew Holt, a Cape Town-based Briton who has climbed Mount Everest, and Jeremy Samson, one of the most prolific rock climbers in the Cape.

Cape Argus

The Western Cape is the only province to have had 100 percent of textbooks delivered to schools this year.

Cape Town - THE Western Cape is the only province to have had 100 percent of textbooks delivered to schools this year.

This was one of the findings made by a South African Human Rights Commission (SAHRC) investigation into the delivery of books across the country, according to an interim report of proceedings.

Reasons for that included the Western Cape’s use of a centralised procurement system and an electronic system to record and monitor the status of book deliveries.

A key concern was that some provinces operated on an electronic system, while others used a paper-based system – resulting in inequality in monitoring and tracking mechanisms.

The Department of Basic Education and the nine education MECs were summoned to an investigative hearing by the SAHRC last month, after reports of non-delivery in Limpopo and the Eastern Cape.

During these hearings it was found that the Western Cape was the only province to have 100 percent of books delivered in December and February.

The Eastern Cape and Northern Cape appeared to have the lowest delivery of books.

Certain challenges had been faced in a number of provinces regarding delivery of books in previous years. These included:

l Not all schools were able to make accurate projections of how many pupils would enroll in each grade in the following year.

l Schools placed their orders late, or with errors, or did not place orders at all.

l Schools did not ensure that what was delivered to the school was correct.

The investigation had found that the Department of Basic Education had taken a number of steps to ensure books were delivered on time for this school year. Some of these were:

l A “mopping-up” process had been undertaken by all provinces to ensure that shortages were remedied and that books were delivered to schools that had not received them.

l Electronic systems were implemented in the Western Cape, the Northern Cape, Mpumalanga and Gauteng to increase efficiency.

l Call centres were established in the Free State, Limpopo and the Eastern Cape to ensure that shortages could be reported.

michelle.jones@inl.co.za

Cape Times

Unemployment among people with a post-matric qualification is far less than among those a grade 12 certificate.

Cape Town - Unemployment among people with a post-matric qualification is far less than among those with a grade 12 certificate.

Census 2011 showed the unemployment rate among people with a post-matric qualification in the Western Cape was 5.5 percent compared to 24.4 percent among those with Grade 12 or less.

Included in the post-matric group were people with a Grade 12 certificate who had also completed a certificate, diploma, degree, Masters degree or doctorate.

But not everyone with a post-matric qualification is so lucky as to get a job.

The census showed more than 15 000 people in the Western Cape with a post-matric qualification were unemployed.

Levels of unemployment of black Africans and coloureds with a post-matric qualification, were much higher than among whites, Indians and Asians living in the province.

The census showed the unemployment rate among people with a post-matric qualification were:

* 10.6 percent for black Africans.

* 5.1 percent among coloureds.

* 4.5 percent for Indians and Asians.

* And 2.6 percent for whites.

Compared to other provinces, black Africans in the Western Cape with a post-matric qualification, had the second lowest unemployment rate after Northern Cape.

Nationally the unemployment rate for people with post-matric qualification was 5 to 7 percent among coloureds, between 3 and 6 percent for Indians and Asians, and 2 to 4 percent for whites.

In the Western Cape only a tenth or 404 176 of the 4 million working-age population of 15 to 64 years have a post-matric qualification.

Gauteng has the highest level of people with a post-matric qualification – at 12.7 percent.

Among two racial groups in the Western Cape the levels of post-matric qualifications are higher than the provincial average – over 26.7 percent of Indians and Asians have a post-matric qualification and 24 percent of whites.

Among black Africans and coloured people in the Western Cape the percentage of those with a post-matric qualification works out at half of the provincial average.

* 73 469 or 5.4 percent of 1.4 million black Africans of working age have a post-matric qualification in the Western Cape, but it’s the third highest percentage rate of all nine provinces.

* Over 87 000 or 4.6 percent of 1.9m coloureds have a post-matric qualification – the third lowest of all nine provinces.

Unemployment rates among people with Grade 12 or less range from the lowest at 6.5 percent among whites, up to 34.7 percent among black Africans.

Among coloured people the unemployment rate was 20.9 percent and 14.2 percent among Indian and Asians.

cobus.coetzee@inl.co.za

Cape Times

Former Fidentia boss J Arthur Brown should be given at least the minimum sentence of 15 years' imprisonment for fraud, the Western Cape High Court heard.

 Cape Town - Former Fidentia boss J Arthur Brown should be given at least the minimum sentence of 15 years' imprisonment for fraud, the Western Cape High Court heard on Monday.

Jannie van Vuuren, for the State, said Brown had a serious and clear fiduciary duty to act in the best interests of his clients, which he did not do.

In closing arguments in Brown's sentencing, he said Brown had not shown remorse for his actions.

“The State submits that no sufficient substantial or compelling circumstances exist... to warrant a deviation from the minimum sentence of 15 years direct imprisonment.”

Brown, 43, was recently convicted of two counts of fraud relating to his admissions about misrepresentations he made regarding investments entrusted to him.

His lawyer Braganza Pretorius said a stiff fine, rather than a term of imprisonment, should apply.

He argued that the section of the law stipulating a minimum sentence of 15 years' imprisonment for fraud was not applicable, since it applied to fraud offences involving amounts of more than R500 000, and the State had not proved actual monetary loss.

“There was no actual prejudice proved or admitted, and the potential prejudice which Brown was convicted on cannot be measured in monetary terms,” Pretorius said.

Van Vuuren argued that the minimum sentence was applicable.

He said the reason Brown had given evidence during sentencing was to mitigate the seriousness of the fraud charges against him and to provide circumstances for deviation from the minimum sentence.

It was the State's view that Brown's actions were premeditated and that “he ingratiated himself with a number of professionals in order to lend credibility to the Fidentia companies”.

“The accused claims to have a commercial law degree, which if true, makes his commission of these crimes even more serious,” Van Vuuren said.

Judge Anton Veldhuizen said he would pass sentence on Wednesday.

Brown is out on bail of R1 million. - Sapa

While J Arthur Brown’s awaits his sentencing, a family is still waiting to be paid from a Fidentia-linked trust fund.

While J Arthur Brown’s awaits his sentencing, a family is still waiting to be paid from a Fidentia-linked trust fund.

Brown’s lawyer asks court for mercy

By Leila Samodien

The fate of Arthur Brown lies in the hands of a judge who will hand down the former Fidentia boss’s sentence on Wednesday.

Brown’s defence has asked Western Cape High Court Judge Anton Veldhuizen for punishment in the form of a fine, while the State wants him jailed.

As a final word during Monday’s closing arguments, Brown’s advocate, Braganza Pretorius, asked the court to “please grant him mercy”.

Brown was convicted on two counts of fraud after pleading guilty to two counts.

They related to misrepresentations he made in handling investments for Teta, as well as during Fidentia’s takeover of the Mantadia Asset Trust Company (Matco).

Pretorius acknowledged that his client hadn’t been convicted of “Mickey Mouse charges”, saying a “stiff fine” would be appropriate.

In terms of legislation, fraud involving amounts of more than R500 000 has a minimum sentence of 15 years’ imprisonment. However, he argued that the charges Brown had pleaded guilty to do not involve a monetary value.

Pretorius said his client had only admitted to foreseeing “potential prejudice” (harm) and that he’d reconciled himself with this, nothing more.

Citing case law, he said all evidence and elements relating to the offence had to be proved before the conviction.

He then accused the State of trying to introduce these elements during sentencing “under the guise of aggravation. No actual prejudice was admitted and what Mr Brown admitted to cannot be measured in monetary terms”, said Pretorius.

Prosecutors Jannie van Vuuren and Thersia du Toit-Smit, however, have asked Judge Veldhuizen to impose the minimum sentence of 15 years.

Van Vuuren said the fraud counts Brown had been convicted of involved R185 million.

“Imprisonment is the basic essence of the 15 years… A fine doesn’t come into play where the minimum sentence is applicable,” he said.

Van Vuuren argued that Brown had changed his plea because he “knew the risk involved” had he continued with the trial.

Five State witnesses had already testified, he said, and the State was of the view that Brown’s admissions were “in addition to the evidence already presented”.

Van Vuuren said it was

on record that there had been “actual losses”, not just potential harm, adding, “It’s submitted that the court is entitled to the full picture and the whole truth.”

In looking at the three factors considered during sentencing – the crime, the offender’s personal circumstances and the community – Pretorius said while his client admits fraud was a “serious crime”, he had implemented measures such as insurance to minimise the risk to investors.

He described Brown as a first offender who had been ostracised in the media, assaulted in custody and hadn’t seen his two sons in years.

Brown, who had spent the last six years living off his friends and family, had also expressed remorse.

But Van Vuuren said Brown’s actions had in some way been “premeditated”, he hadn’t shown “any real remorse” and there weren’t sufficient substantial and compelling circumstances to warrant a lesser sentence.

leila.samodien@inl.co.za

‘I don’t know what happened to the money’

By Caryn Dolley

The Living Hands fund for orphans promised to be “a helping hand to the living, bringing life and hope to families”.

But Siphe Mhlutwa’s family are still waiting to be paid what is due to them after their father died. Holding a tattered Living Hands newsletter, dated 2005 and with the signature logo of a hand cradling a baby’s feet, Mhlutwa, 27, a security guard living in Kayamandi, Stellenbosch, said his family had only received one payout from the fund in roughly six years.

The Living Hands Umbrella Trust, a provident fund for orphans whose mother or father died while employed, is one of four trust funds which lost investments worth more than R1.3 billion when Fidentia and its associated companies were placed under curatorship in 2007. Former Fidentia chief executive Arthur Brown faces sentencing on Wednesday on two separate fraud counts involving misrepresentation.

More than 80 percent of R1.1bn misappropriated from Living Hands has not been paid out to beneficiaries of the trust.

Over the six years since Fidentia and its associated companies were placed under curatorship, the nearly 60 000 beneficiaries either went without monthly payments for years or received a trickle of money – a fraction of what had been invested for them.

Some beneficiaries are yet to be tracked down for them to claim their money.

Speaking outside his shack, Mhlutwa said two of his sisters were Living Hands beneficiaries and should be receiving money monthly.

But since about 2007 only one amount – R2 100 – had been paid into his mother’s bank account for them, on February 20. Neither he nor his mother knew when money would be paid out again.

According to Living Hands “trust status” letters from October 2005 which Mhlutwa has meticulously kept:

* His sister Ntombentsha, a beneficiary since 2002 until April 2015, had a trust account value of R16 757.77 and monthly income payment of R127.

* His other sister, Kutho, a beneficiary since 2002 until November 2022, had a trust account value of R28 120.87 and monthly payment of R177.

Both sisters were beneficiaries until age 21, as Mhlutwa himself had been.

The Cape Times calculated that if both sisters had been paid monthly from January 2008 until this month, together they would have received R19 760, more than nine times the R2 100 Mhlutwa said his mother received in February.

Mhlutwa said he had faxed the Living Hands trust a number of times, but had no reply.

He rarely had e-mail access.

Asked whether he had heard of Fidentia, money being misappropriated from the fund, the related court case, or Brown, Mhlutwa replied: “No”.

His father, a former road worker for Paarl municipality, died in 2001 and Mhlutwa and his family relied heavily on the Living Hands payouts as their mother was unemployed. She lives in the Eastern Cape.

His brother Yanga was stabbed to death in 2006.

Mhlutwa moved to Cape Town five years ago to look for work to support his mother and sisters as the payouts from Living Hands had suddenly stopped the year before.

“I keep trying to find out what happened to the money, but I don’t know.”

caryn.dolley@inl.co.za

Cape Times

Four people, three of them firefighters, were injured in an explosion in a Hout Bay fish and chip shop.

Cape Town - Four people, three of them firefighters, were injured in an explosion in a Hout Bay fish and chip shop on Monday night and admitted to hospital, emergency services said.

A fifth person was slightly injured in the blast at the shop, a converted shipping container that had caught alight after 7pm.

The explosion reduced the container to a blackened shell.

“It was in Harbour Road at about 7.39pm. Upon arrival, firefighters established that a shipping container was alight,” Cape Town Disaster Risk Management spokesman Wilfred Solomons-Johannes said.

“There was a struggle to open the door and when it opened an adult male, an adult female and three firefighters were injured.”

Anthony Chemalie, manager of WatchCon, said the wife of shopowner George Isepi was in the Max & Maritz Fish and Chips shop when the fire broke out.

“When four fire and rescue personnel managed to break down the door, the fire spread to a gas bottle that exploded,” he said. “The cause of the initial fire is unknown.”

Chemalie said Isepi was treated at the scene.

Cape Town Fire and Rescue Service spokeswoman Sharon Bosch said: “The call-out originally received was that of a vegetation fire, but when our firefighters arrived, they discovered a place on fire.”

A woman firefighter and two male colleagues were admitted to the Christian Barnard Memorial Hospital. Their condition was stable. Isepi’s wife, whose name has not been released, was admitted to Victoria Hospital.

Cape Times

While people gathered to pay their final respects to Daan and Erka Rousseau, the man charged with their murder appeared in court.

Cape Town - While friends and family gathered to pay their final respects to Daan and Erka Rousseau at a funeral service held in Wellington on Monday, the man charged with murdering the couple appeared in court.

The elderly couple were found murdered in their home in Wellington last Wednesday around 8pm, after their oldest son Pierre - who was unsuccessfully trying to get hold of them - asked police to check their house.

Police spokesman Colonel Tembinkosi Kinana said the couple’s bodies were found in their bedroom, with their hands tied behind their backs and plastic bags over their heads.

Police suspected they had been strangled and suffocated.

The Rousseaus, Daan, 71, and Erka, 70, were living out a peaceful retirement in the rural town. They owned a house in an upmarket area on Charon Street.

Erka was a deacon with the local church, and kept herself busy with charity drives and church services.

Warrant Officer Andre Traut said that on Thursday, police arrested Zuko Tisana, 39, after he was found with a cellphone stolen from the couple’s home.

Tisana was charged with murder. He appeared in the Paarl Magistrate’s Court on Monday, but the case was postponed until May 24 for a bail application. Traut said the man was in custody.

Another son, Siegfried, said it was assuring to see that police were taking the case seriously.

“You always hear about the killers getting away but this doesn’t seem to be the case this time.”

Siegfried, who was on his way back from his parents’ funeral, told the Cape Argus on Monday that while he was buoyed by the arrest, there was still much more that needed to be done. “We just have to hope that everybody involved with the case does their bit.”

But he emphasised there could never really be justice.

“Whatever happens, (the killers) still have their lives - something they took from my parents.”

kieran.legg@inl.co.za

Cape Argus

Complaints against the police continue to come in on a hotline set up to stamp out police corruption, MEC Dan Plato said.

Cape Town - Complaints against the police, including some local metro police officers, continue to come in on a hotline set up by the Western Cape government to stamp out police corruption, says Community Safety MEC Dan Plato.

Plato launched the “Report a cop, reward a cop” hotline in 2012 to encourage people to report police corruption or good work via SMS, Twitter, telephone or e-mail.

On Monday, Plato’s spokesman, Greg Wagner, said 295 calls were logged between January and April, and that only 11 of these were complimentary.

During the first quarter, January to March, Mitchells Plain police station had the highest number of complaints (12), followed by Cape Town central (eight), Delft (seven) and Elsies River and Milnerton (six each).

“Complaints range from not taking a statement to physical abuse and the abuse of state vehicles and resources.

“The most common type of complaint was for unacceptable behaviour. This refers to complaints of misconduct in terms of Regulation 20 of the SA Police Service Discipline Regulations,” said Wagner.

Offences under Regulation 20 include, among others:

* Endangering the life of anyone by disregarding safety rules or regulations.

* Prejudicing the administration, discipline or efficiency of a department, office or institution of the state.

* Misusing position to promote or to prejudice the interest of any political party.

* Accepting any compensation in cash or otherwise from a member of the public or another employee for performing her or his duties without written approval from the employer.

* Taking absence without leave.

* Unfairly discriminating against others on the basis of race, gender, disability or sexuality.

Of the 295 calls reported to the Community Safety Department between January and April, 168 were forwarded to the police, seven to the metro police and one to the traffic department for further investigation.

“I am pleased to see the public making more use of our police accountability services,” Plato said. “With the public’s help we can ensure the police deliver the service that they deserve.”

In November and December, the hotline received 147 complaints about problems ranging from poor response times to unwillingness to help.

Measures proposed in the Western Cape Community Safety Act, such as the introduction of an ombudsman, were part of attempts by the province to resolve these complaints.

The act became law in March, but Wagner said it would still be a few months before Premier Helen Zille appointed an ombudsman.

Wagner said complaints were collated by the provincial Department of Community Safety and sent to the Independent Police Investigative Directorate or provincial police commissioner for investigation.

* People can report police misconduct or good work by SMSing the word “reward” or “report” to 35395 or by calling the 24-hour hotline 021 483 4332. Faxes can be sent to the Department of Community Safety at 021 483 6026.

Reports can be e-mailed to policing-complaints@pgwc.gov.za or by Tweet to @RewardaCop.

clayton.barnes@inl.co.za

Cape Argus

The pastor who survived being shot eight times says bullets will not stop his peace work among gangsters.

Cape Town - The Cape Town pastor who survived being shot eight times says bullets will not stop his peace work among gangsters.

Ivan Waldeck, 45, a former gangster and chairman of the Western Cape Community Outreach Project, and his wife Natasha were shot on Sunday as they were driving near Sacks Circle in Bellville South after they had left the Holy Nation of God International Church, where he had delivered a sermon.

He is the second gangster-turned-pastor to be targeted in recent months – the first being Albern Martins.

Martins, 55, was shot dead outside the Blue Down’s Magistrate’s Court in March as he arrived to appear on charges of abalone smuggling.

Bishop Louis Green, spokesman for the Holy Nation of God International Church, said Waldeck told him that a bullet would not stop his work.

“I have been to his bedside; eight bullets went though him from the driver’s side. He still has a bullet lodged in his arm, one in his leg and another in his hip, but luckily all bullets missed his vital organs,” Green said.

He said Waldeck’s wife suffered extensive damage to her face after a bullet pierced her cheekbone and destroyed a lot of nasal tissue.

“She can’t breathe through her nose and her whole face is still swollen.”

Waldeck, who has been a pastor at the church for more than 10 years, was due to undergo surgery on Tuesday to have the rest of the bullets removed.

“He told me that he forgives the two people who attempted to take his life and that he knows that they are only the perpetrators, pawns being used.

“He also asked me to convey the message that a bullet would not stop his peace mediation work in the Cape Peninsula and encouraged us to keep the peace.”

Western Cape Community Police Forum chairman Hanif Loonat, commenting about gang violence in the Western Cape in general, said: “The prominent figures in these gangs are being shot, but these shootings have been happening all along.

“It is starting to become a common thing and we can’t allow this province to become lawless.”

Last week, Colin Booysen – an alleged Sexy Boys gang leader – was shot and wounded outside his Belhar home, and two men were shot dead in Lentegeur in what residents said was a gang-related shooting at the weekend.

Loonat said turf wars and the fact that there were fewer drugs available nowadays were the main reasons for gang violence.

“A lot of gangsters are also coming out on parole, so there is a territorial war where they want to claim back their territory.”

Loonat said gang shootings had become more brazen, with gang hits taking place in broad daylight and even outside courts.

“They have become more brazen because it’s done by youths under the age of 18.”

Police spokesman Captain FC van Wyk said no arrests had yet been made in the Waldeck shooting.

natasha.bezuidenhout@inl.co.za

Cape Argus

Koos Roux and his son cycled together on Bottelary Road in Cape Town, when they were hit from behind by a white bakkie.

Cape Town - He was a national cycling champion, having won a gold in his age-group at the South African national track champs in 2011.

But Koos Roux, 59, wasn’t racing on Sunday - just taking in the breathtaking autumn weather with his son, Kobus, 19.

“We didn’t really have a plan - maybe we would have ridden to Stellenbosch, maybe up to Helshoogte,” said Kobus, an electrical engineering student.

But the father and son, of Bloemendal near Durbanville, didn’t get near the Winelands town.

Instead, as they rode together along Bottelary Road, east of Brackenfell, they were hit from behind by a white bakkie. The bakkie did not stop.

Kobus said: “I was in the air … then on the ground. I got up and looked at my dad, he was not moving. I called the ambulance immediately.”

Koos Roux was taken to Louis Leipoldt Hospital, but he was declared dead on arrival. The son spoke of his and his father’s love of cycling.

“I began track riding, and my dad followed. But he had some research work he wanted to do this year, and I have my studies. So we scaled down this year - although we still rode on the weekends.”

His father’s first love, though, had been nature. “He loved hiking, and he especially loved forests.”

Kobus said his father had loved ferns, and was curator of the Compton herbarium at Kirstenbosch National Botanical Gardens.

“We spent a lot of time outdoors as a family,” said Kobus, who was discharged from hospital with only minor cuts and bruises - and acknowledged he was lucky to be alive.

A leading figure in South African cycling has called for a ban on “yellow-line” driving.

Chris Willemse, who owns a chain of cycling stores and is a former cycling champion, called for an immediate ban on vehicles driving within the yellow line, which has become commonplace on South African roads.

The legislation, at present, reads: … no person shall drive a motor vehicle on the shoulder of a public road… (but) may, during the period between sunrise and sunset, drive on the shoulder of a road which is designated for one lane of traffic in each direction:

* While such motor vehicle is being overtaken by another vehicle.

* If he or she can do so without endangering himself or herself, other traffic, pedestrians or property.

* If persons and vehicles are clearly discernible at a distance of at least 150m.

Abdul David, vice-chairman of the Bellville Cycling Club, said: “There’s a wide yellow line on both sides of that road, and we take it for granted that if we ride inside the yellow line then we’ll be safe. Cyclists look at that lane as a cycling lane, a ‘safety net’. But it’s clearly not that anymore.”

At the time of going to press last night, no arrests had been made.

Provincial police spokesman Andre Traut said the bakkie that hit the Rouxs had been occupied by two men.

Cape Argus

United Arab Emirates authorities have yet to clear administrative issues obstructing doctor Cyril Karabus's return home.

Pretoria - United Arab Emirates (UAE) authorities have yet to clear administrative issues obstructing South African doctor Cyril Karabus's return home, Deputy International Relations Minister Ebrahim Ebrahim said on Tuesday.

“The only remaining issue of concern is the fact that the administrative arrangements by the UAE authorities are taking very long before he can leave.

“It is anticipated that the process will be finalised before the end of the week,” Ebrahim told reporters in Pretoria.

South Africa had twice expressed distress over the delay to the UAE ambassador.

The UAE envoy had also been handed a demarche, Ebrahim said.

A demarche is an official petition or protest presented through diplomatic channels.

Ebrahim outlined other interventions made by government to facilitate Karabus’s return.

“Extensive consular assistance is being provided to Prof Karabus and his family. Mission staff in Abu Dhabi are regularly visiting and calling Prof Karabus.

“In South Africa the [the department’s] staff are also in regular telephonic contact with his daughter, Dr Sarah Karabus.

All court hearings [in the UAE] were attended by mission staff,” he said.

The 78-year-old paediatric oncologist has been detained in the UAE since August 18, after being sentenced in absentia for the death of a Yemeni girl he treated for leukaemia in 2002.

Karabus was acquitted on March 21, and won an appeal, but his return to South Africa was delayed because he was on the UAE's database as a fugitive from justice.

His bail money of R250,000 was returned to him last week.

On Monday, Karabus’ lawyer Michael Bagraim said Karabus was waiting for final clearance documentation and could leave the UAE on Tuesday afternoon.

“We've got a strong feeling that tomorrow [Tuesday] afternoon he would be on a plane,” Michael Bagraim said on Monday.

Bagraim said that Karabus needed only one, final signature from the UAE's interior department on his final clearance to authorise his departure from the country.

Karabus's passport would be returned to him with this document.

Sapa

Graphic details of how a 17-year-old girl died in an orgy of violence was recounted in a Cape Town court.

Cape Town - A court has heard in graphic detail how a 17-year-old girl died in an orgy of violence.

On Monday Tygerberg forensic pathologist Dr Elsie Burger told the Blue Downs Magistrates’ Court that Cytheria Rex was stabbed at least 39 times with a knife and a screw-driver.

The different shapes of Cytheria’s wounds suggest the Kraaifontein teen had been stabbed with more than one object.

Burger told the court Cytheria was stabbed in her arms, breast, chest, back and also sustained wounds to her heart.

Virgil Sass, 19, Oswill Grootboom, 20, Warrant Robertson, 20, Imeraan Hendricks, 20, Rhonwen Rhode, 20, Keenan Lewis,20, and 21-year-old Lee Cloete all face charges of rape and murder for Cytheria’s February 2009 slaying.

Cytheria’s mutilated body was discovered after it had been placed in a wheelie-bin and dumped on a Kraaifontein field.

Burger said there were also signs of sexual penetration. A thick grey-white fluid was found in Cytheria’s vagina.

But the doctor could not confirm if it was semen. “[The grey fluid] could be discharge from a vaginal infection,” Burger told the court. “It could also be semen as a result of penetration.”

Cytheria’s father Keith Rex tells the Daily Voice that it was very difficult for him to hear how many times his daughter was stabbed.

“I knew she was stabbed a lot but I did not know about the stab wound to the heart,” the grieving dad explains.

“That could have been what caused her death.”

Daily Voice