A report into the state of policing in Khayelitsha has revealed a force on the brink of collapse.

Cape Town - A report on the state of policing in Khayelitsha has revealed a force on the brink of collapse, with high levels of misconduct, absenteeism, and criminal cases not being adequately investigated.

It also shows that over 14 months, 78 people were killed by vigilante mobs, more than four times the number originally estimated.

There are 656 staff based at three police stations and over a year there were a staggering 701 disciplinary cases, some of which involved repeat offenders, including high-ranking officers. The three police stations in Khayelitsha perform their shifts with the minimum number of staff due to officers being absent on sick leave, leave or rest days.

The report said it was found that suspects were arrested and released without being charged, and witnesses and complainant statements are often not recorded.

The report is the work of a task team sent by national police chief Riya Phiyega to investigate the Khayelitsha police following complaints by NGOs about a breakdown in relations between the community and the police and an increase in vigilantism.

The task team carried out their investigation in July.

However, at the same time Premier Helen Zille was setting up a commission of inquiry into the same allegations.

“The reported contents of the internal SAPS assessment of the state of policing in Khayelitsha reveal a dire situation. This underscores the need for a commission of inquiry, which [should] not be further delayed,” said Zille.

The report is part of provincial commissioner Lieutenant-General Arno Lamoer’s affidavit, included among court papers filed by Police Minister Nathi Mthethwa in his attempt to stop Zille’s commission of inquiry.

The matter is to be heard by the high court on Monday.

In his affidavit, Mthethwa accuses Zille of playing politics and of having a political agenda in setting up the commission. He accuses her of wanting to conduct an inquiry into what should be a criminal investigation falling beyond her statutory and constitutional purview.

“It is inconsistent to allow the premier as a political functionary to authorise coercive criminal investigations as this opens the door to abuse for party political gain,” he said.

On Sunday, Joel Bregman, of the Social Justice Coalition - one of the five NGOs who spent two years trying to get the police and the provincial government to investigate the Khayelitsha police - said the report reflected the realities on the ground.

“It speaks to a vicious cycle, where the community does not trust the police and won’t hand over information and then take the law into their own hands,” Bregman said.

Some of the charges levelled against police officers include misconduct relating to the investigation of crime, including failure to send charged suspects to court and to register dockets.

The report said steps taken against officers were not proving to be a deterrent or remedy, considering the number who were repeat offenders.

From April 2011 to June 2012, 78 cases of vigilantism were recorded, according to a study by the cluster commander’s office. The study focused on cases that could be considered “bundu court” executions.

According to the report, investigations by detectives did not result in any “extraordinary achievements or successes”.

Although Khayelitsha is one of the Western Cape’s most densely populated areas, with high crime levels, experienced police officers have been attached to other units in the province. The report says 65 percent of warrant officer and 59 percent of sergeant posts at the Khayelitsha police station are vacant.

Timeline of inquiry showdown:

On Monday, Minister of Police Nathi Mthethwa goes head to head with Premier Helen Zille in the Western Cape High Court to stop the commission of inquiry into the police.

Following months of agitation, NGO’s operating in Khayelitsha handed Zille a formal complaint in November last year.

On June 15, the Western Cape government decided there was “adequate prima facie evidence” to warrant the establishment of a provincial commission of inquiry.

On August 22, Zille announced the inquiry. At the end of August she announced that she would be ploughing on regardless of a request from Mthethwa to halt the inquiry, which he said was premature and unnecessary as there was an internal police investigation under way and Zille had not used the intergovernmental tools at her disposal.

On October 29, the first day set down for the inquiry, it was announced that the police were threatening legal action.

Mthethwa served papers last week, asking the court to interdict the inquiry from continuing.

The commission announced it was suspending its public hearings pending the outcome of the court hearings.

lynnette.johns@inl.co.za

Cape Argus

Cape Town advocate Jeremy Gauntlett has confirmed that he was to be nominated as a judge for the Constitutional Court.

Cape Town - Cape Town advocate Jeremy Gauntlett confirmed on Sunday that he was to be nominated as a judge for the Constitutional Court (Concourt).

Among those who would nominate him this week were academic and Struggle activist Mamphela Ramphele and veteran lawyer Sir Sydney Kentridge, QC.

Earlier this month Gauntlett was snubbed by the Judicial Service Commission (JSC) for a position on the bench because he had a “short thread”, was “acerbic at times” and “there is doubt as to whether he is possessed of humility”.

The JSC said appointing two white males would “do violence” to the constitution.

On Sunday, Gauntlett said he had agreed to accept the nomination because it was his duty.

“Whether the JSC again, unanimously, describes me as a ‘fit and proper person’, but then by two votes, decides because I am a white male and ‘acerbic’, remains to be seen. What exactly is its legal duty will have to be established.”

In a question and answer column by Chris Barron of the Sunday Times, Gauntlett said the JSC had “introduced a new quality for judicial appointments: humility. The JSC itself has gone to great trouble to list required attributes for judges. This is not one of them and has not been applied to any other candidate. Unlike other candidates, I have not thought that God has called me to be a judge”.

Gauntlett said the constitution did not require national or regional demographics, but it required the JSC to strive to be representative.

“The first provision is quality, the second is to consider representivity. That must mean that on certain occasions you will put up two or three white people and on other occasions none at all,” he said in the column.

The JSC made its decision in closed-door deliberations last month, after interviewing eight candidates for five vacancies in the Western Cape High Court.

Cape Times

Artist Ayanda Mabulu has unveiled his latest painting - which depicts a scarred face of Nelson Mandela on a banknote.

Cape Town - Cape Town artist Ayanda Mabulu has unveiled his latest paintings - one of which depicts a scarred face of Nelson Mandela on one of the new banknotes.

Another painting by Mabulu shows President Jacob Zuma dressed in military attire and with his genitals exposed.

Named Randela, the painting was his way of illustrating how the country’s economy had become a rallying point since the Marikana massacre and how the gap between rich and poor had widened, Mabulu said on Sunday night.

“It’s also about the economy being in the hands of a few and that the people represented by Nelson Mandela are living in unfavourable conditions,” he added.

About his new painting of Zuma, he said: “It is called Zuma’s Apartheid. It talks about him doing what Cecil John Rhodes did. Zuma appears to be recolonising us.”

Cape Times

Expect delayed trains and platform changes in Cape Town as a film company uses southern suburb railway stations to shoot.

Cape Town - Expect delayed trains and platform changes on Monday and Tuesday as a film company uses southern suburb railway stations to shoot a television advertisement.

The filming should not affect peak-hour trains, acting Metrorail manager Eddie Chinnappen said on Monday.

The advertisement was being filmed at Cape Town’s platform 23, at Muizenberg station and in the car park at Kalk Bay station, Chinnappen said.

The agreement with the film company, Feel Good Films, stipulated that there could be no impact on peak-hour trains.

By Wednesday, everything should be back to normal, Chinnappen said.

Cape Argus

Police Minister Nathi Mthethwa's application for an interdict against the Khayelitsha commission of inquiry will be heard next month.

Cape Town - Police Minister Nathi Mthethwa's application for an interdict against the Khayelitsha commission of inquiry will be heard next month.

Ministerial spokesman Zweli Mnisi said in a text message: “The interdict argument is now set for December 13, thereafter they will deal with the substantive matters in relation to the commission.”

Lawyers acting for Mthethwa, national police commissioner Riya Phiyega, Western Cape police commissioner Arno Lamoer, and others, met provincial government lawyers on Monday morning in Judge President John Hlophe's chambers, in the Western Cape High Court.

Last week, Mthethwa and the other applicants filed papers in the High Court to have the commission temporarily suspended, pending a review of the decision to establish it.

Provincial premier Helen Zille set up the commission in August to probe allegations of police inefficiency in Khayelitsha, Cape Town. She said the commission was necessary because there was a breakdown of trust between Khayelitsha residents and the police.

Headed by retired judge Catherine O'Regan and advocate Vusi Pikoli, the commission had been due to begin public hearings on November 12 and continue until December 14. A full report was due on February 24, 2013.

The commission has since been suspended pending the outcome of the court hearings.

The Social Justice Coalition (SJC), which led the call to establish the commission, is applying to be included as a respondent in Mthethwa's application.

SJC members gathered in front of the court on Monday and held the “People's commission of Inquiry into crime in Khayelitsha”.

A wooden table was set up on Leeuwen Road, where two “judges” sat in front of a seated crowd of about 50 people.

SJC founder Zackie Achmat used a loudspeaker to address the crowd of mostly women and children, calling up witnesses to explain their policing experience in the area.

Cars had to drive around the seats and curious bystanders.

Sapa

Protests action in the De Doorns area has resulted in a number of underlying problems being exposed.

Cape Town - Protest action in the De Doorns area has resulted in a number of underlying problems being exposed.

This includes some workers not knowing who officially represents them, and some who feel that foreigners should not be employed on farms.

 At the weekend, a number of workers told the Cape Times they had joined the strike after protesters had told them to do so, but they did not know who exactly started the action or who was representing them.

“We want more money so we know why we’re striking, but I don’t know who started this last week. You see, we heard on the radio about the Marikana mine strike. We heard about the protests in Cape Town. So for a long time know we thought, why can’t we do that? Then it suddenly started,” said Richard Snay, a farmworker from the Stofland informal settlement.

He had heard on a radio news bulletin that Cosatu was speaking for the farmworkers.

Jonathan Kraus, another farmworker, said he was not officially represented by any person or by a union.

An Agri Wes-Cape statement said: “The initial crowd that gathered seemed leaderless and no one took ownership of the chaos that erupted or the list of grievances that the workers apparently were protesting about.”

It said after Agri Wes-Cape asked for leaders to come forward a number of organisations had, including People Against Suffering, Oppression and Poverty (Passop) and Cosatu.

“None of these organisations are fully representative of the workforce in the area and they never approached farming bodies for discussions before the unrest took place,” the statement said.

On Sunday, Cosatu provincial secretary Tony Ehrenreich said it had stepped in to assist workers on Wednesday, after some had called for their help.

He said the farmworkers were members of different organisations and unions and “not many” were part of Cosatu. However, Cosatu helped workers who were in trouble, regardless of whether they were members.

Another issue farmworkers were dealing with was the employment of foreigners.

Kraus said in the past few years, a number of residents from Zimbabwe and Lesotho had been employed as seasonal workers in the area.

“They get less money than us and that’s why the farmers hire them. We want them out. We were here first,” he said.

Tinashe Mushwenga, 24, from Zimbabwe and who arrived in De Doorns last year, said she had a work permit and was employed permanently.

“I get R80 a day. The other [local] workers treat me nicely, but come Monday we don’t know if they’re going to fight with the foreigners. It can happen,” she said.

In broken English, another farmworker from Lesotho said she earned R75 a day and worked with locals who did not treat her differently.

On Sunday, Passop member Langton Miriyoga said the majority of foreigners working on the farms were from Lesotho and Zimbabwe.

He said because some did not have work permits and the correct documentation, if they were harassed or their rights violated they could not lodge a complaint with the CCMA.

This left them vulnerable.

Anton Viljoen Jr, general manager of the ASV Group, which consists of a number of farms, said its policy was to hire only South Africans.

caryn.dolley@inl.co.za

Cape Times

The Western Cape government's work in ensuring excellent service delivery shows in the Census 2011 data, premier Helen Zille said.

Cape Town - The Western Cape government's work in ensuring excellent service delivery shows in the Census 2011 data, premier Helen Zille said on Monday.

“I am very pleased with the data which shows that the Western Cape is a top performer in the provision of basic services,” Zille said in a statement.

“The Western Cape also has the lowest unemployment rate in the country and the highest number of people with access to education.”

Zille received the census report from statistician-general Pali Lehohla on Monday.

The Census 2011 showed that 99.1 percent of residents in the Western Cape had access to piped water, 91.1 percent had refuse removal, 93.4 percent electricity and 96.9 percent had toilet facilities.

A total of 29.3 percent of the province's working population was unemployed. The province had the lowest unemployment rate in South Africa, said Zille.

The population in the Western Cape had also increased by 29 percent.

“(This) suggest that we will need more resource allocation and stronger focus on informal settlement upgrading to ensure decent basic living conditions for as many people as possible,” she said.

The population growth meant that government, business, civil society, communities and citizens needed to redouble their efforts to “go green”.

“Our society needs to start moving from a lifestyle of conspicuous consumption to one of essential consumption,” said Zille.

“We all need to recycle more, we need to use more public and non-motorised transport and we need to stop water waste that happens through tap and pipe leaks.”

She said there needed to be a shared responsibility in the province to ensure a green economy was built. - Sapa

More than R30 million has been paid out to Western Cape schools struggling with the costs of fee exemptions, education MEC Donald Grant said.

Cape Town - More than R30 million has been paid out to Western Cape schools struggling with the costs of fee exemptions, education MEC Donald Grant said on Monday.

“While there have always been parents in our schools who qualify for fee exemption, we cannot ignore the fact that we are living in tough economic times... (and) many more parents simply cannot afford to pay their school fees, thus affecting school income materially,” Grant said in a statement.

Grant said 650 Western Cape schools applied for fee compensation in 2012.

Last week the provincial department deposited R30 147 988 into the schools' accounts.

“It is the state that determines the basis for fee exemptions, and it is questionable to expect other parents to subsidise those that qualify for exemptions without some assistance from the state,” he said.

“It is also unrealistic to expect schools to fund themselves at a significant level if there is no compensation for legally determined fee exemptions.”

Parents qualify for exemption if school fees are more than 10 percent of the parents' combined annual salary, and can apply for partial exemption if the fees are between two and 10 percent of their salaries. - Sapa

Zulpha Jacobs was jailed for 20 years by the Western Cape High Court for suffocating her son Taariq.

Cape Town - A woman was jailed for 20 years on Monday by the Western Cape High Court for suffocating her two-year-old son.

Zulpha Jacobs, 30, swaddled in black robes and head scarf, sat in the dock weeping as her plea and sentencing agreement were read out in court.

She confessed to killing Mogamat Taariq Jacobs in Mitchells Plain on December 29 last year and obstructing the ends of justice by falsely reporting his disappearance to police after the murder.

His body was found among bushes on dunes behind the Imperial Primary School in Beacon Valley, on December 31.

The court heard that Jacobs had separated from her husband and was staying with a friend, Shareen Damon in Beacon Valley, at the time.

On the morning in question, the little boy was crying because he wanted porridge. Jacobs shouted at him and told him there was no porridge.

Damon then heard her tell the boy: “I wish you can go out my life. You make my life miserable. Ek maak jou sommer vrek (I will just kill you).”

Jacobs and the boy left the house shortly afterwards and walked to the bushes near Riley road, where she knew she was going to kill him.

She then pushed his face into the sand until he stopped breathing and moving. Jacobs covered his body with a jacket and his feet with newspaper.

He was reported as missing at Mitchells Plain police station.

The mother sobbed loudly in court and rested her head on her arms.

Both Jacobs' family members and those of her estranged husband Walied Jacobs also broke down in court.

She was given 20 years in jail for the premeditated murder and two years for obstructing justice. The sentences will run concurrently.

The minimum sentence for the crime is normally life imprisonment, unless mitigating circumstances can be proven.

In determining the sentence, the court kept in mind that the little boy was defenceless and trusted his mother to keep him safe.

In Jacobs' favour was that she was young, a first offender and had no previous convictions. At the time of the murder, she was the primary caregiver and reliant on the goodwill of friends and family for the boy's care.

The State believed she was capable of rehabilitation and it was highly improbable that similar crimes would be committed in the future.

She killed the boy because she was overwhelmed by her situation and believed she would send the boy to a “better place”.

Before Jacobs was led out, her defence team read out a letter she had written in which she apologised for her actions and taking the easy way out.

“I have not forgiven myself for hurting him... I hope you will find it in your heart to forgive me,” she said in the letter.

She asked as a last wish that both families forgive each other and move on with their lives.

When the letter was finished, two policewomen lifted Jacobs' robes to chain her ankles and led her out the courtroom. - Sapa

Police arrested three suspects after an 18-year-old was shot in the face and killed in Bonteheuwel.

Cape Town - Police arrested three suspects after an 18-year-old was shot in the face and killed in Bonteheuwel on Sunday.

Kheeran Gewelaar, who lived in the area, was shot at about 11.45am near the corner of Vlamboom and Yellowwood streets, said police spokesman Lieutenant-Colonel Andre Traut.

A 53-year-old woman was shot in the neck in the same incident. She was admitted to hospital.

Metro police officers arrested three suspects, aged 16, 18 and 25, and confiscated a 9mm firearm, Traut said.

Meanwhile, police are investigating a case of arson after houses were set alight in Oleander Street, Bonteheuwel.

Thirty people were left homeless after a gang armed with guns, sledgehammers, axes and petrol bombs destroyed three homes in Netreg on Saturday night.

Residents said the attacks were carried out by a gang who were targeting members of the 26 gang.

The occupants of the three homes said gangs used axes to smash down doors. At one house, petrol was poured around the entrance before it was set alight. Another couple said the gang broke down a 3m concrete wall before attacking the building.

Disaster Risk Management teams provided clothing, food and blankets to those displaced.

Disaster Risk Management spokesman Wilfred Solomons-Johannes said it was believed that the attack was as a result of a turf war over drugs.

* Delft police are investigating the murder of an unidentified man whose body was found with a gunshot wound to the chest in Buffalo Street in The Hague.

* Two men are wanted in connection with the murder of Simon Sonie, 43, who was shot and killed in AZ Berman Drive, Mitchells Plain, at 5.45pm on Friday.

* Three men, aged 30, 35 and 40, were injured on Friday in a shooting at Muir Court in Lavender Hill.

Cape Argus

The trial of Joseph Arthur Brown was postponed in the Western Cape High Court because his lawyer was absent from the proceedings.

Cape Town - The trial of former Fidentia chief executive Joseph Arthur Brown was postponed in the Western Cape High Court on Monday because his lawyer was absent from the proceedings.

Judge Anton Veldhuizen told Brown that he had received a telephone call from Brown's Johannesburg-based defence attorney June Marks, asking permission for her to be absent.

“I told her I cannot deal with the matter by telephone, and that she had to come to me in chambers first thing in the morning,” Veldhuizen said.

Prosecutor Jannie van Vuuren, SC, told the court Marks had also asked him for permission.

Marks had told Van Vuuren she was handling the Brown case free of charge, and did not have funding for an unnecessary flight to Cape Town.

Van Vuuren said he told Marks that he could not give her permission because her presence was required.

Veldhuizen postponed the case to Tuesday, and said Marks had to be present.

“She must explain her situation in person, and we will take it from there.”

Marks was also absent from proceedings at Brown's appearance last Tuesday.

Brown faces nine charges, four of fraud, two of corruption, two of theft and one of money laundering.

One of the fraud counts involves a R40 million pyramid investment scheme. - Sapa

De Doorns farmworkers held a peaceful protest march, Western Cape police said.

De Doorns, Western Cape - De Doorns farmworkers held a peaceful protest march on Monday afternoon, Western Cape police said.

Workers left peacefully at the end of the march, said spokeswoman Lybey Swartz.

She said Congress of SA Trade Unions Western Cape head Tony Ehrenreich addressed them and they dispersed afterwards.

Swartz said the N1 road remained closed to traffic from Worcester up to Touws River, and an alternative route via Ceres was advised.

By 4.30pm, she had not been told whether the road had reopened.

Workers in the area have been protesting since last Monday about their working conditions and pay. At times during the protest, they have closed the road and burnt vineyards.

On Monday, police arrested 11 people, when a group of around 80, carrying sticks and pangas, intimidated farmworkers and prevented them from going to work.

“We took action,” said Colonel Andre Traut.

He would not elaborate.

Breede Valley Ward Four councillor Pat Marran said the police fired teargas and rubber bullets and entered people's houses.

Groups of people with knobkerries had gathered in the area and they told the police to leave, he said, adding that the police responded by chasing them.

The people then went and threw stones on the N1, closing the road.

Afterwards, a meeting was called with the police. Marran said he attended as a community leader.

“I convinced the police that I, as a community leader, would calm people, but that the police must withdraw, keep a distance and not provoke action, which they did,” he said.

The situation was then “calm”, he said.

He said there was a meeting on Saturday between various parties and Agriculture Minister Tina Joemat-Pettersson. It was agreed that decisions taken at the meeting would be communicated to people in De Doorns on Monday.

However the actions on Monday had made people think the police were trying to stop them.

Cosatu in the Western Cape said farmworkers in the region would strike in solidarity with those on strike in De Doorns on Tuesday.

“Other farmworkers, seasonal workers and communities will come out on strike and take solidarity action in support of the demand for a living wage of R150 per day,” it said.

“Marikana has come to farms,” it said, referring to a lengthy strike at Lonmin platinum mine, in North West, which spread to other platinum and gold mines in the region. Police opened fire on striking Lonmin workers, killing 34 of them near the mine on August 16.

The call to action was to workers in De Doorns, Wellington, and “farm workers across the country”.

Cosatu said that on Monday morning, unions, community organisations, NGOs and farmworker committees had formed a coalition which would co-ordinate a campaign for better wages and working conditions on farms.

It would be headed by Ehrenreich.

Hex Valley Table-grape farmers' spokesman Michael Loubser said permanent workers returned to work on Monday.

However, some workers had stayed away out of fear about what would happen to them if they reported to work

“Ninety percent of the permanent workers are back,” he said.

The Workers International Vanguard Party claimed workers' low wages were “set by the ANC government, continuing old slaves wages”.

It claimed that their conditions of work included not being paid at all out of season and not being able to claim from the Unemployment Insurance Fund.

Joemat-Pettersson was reportedly going to hold urgent meetings on Monday and Tuesday about the minimum daily wage of R69 for farmworkers. - Sapa

A man was killed and five other people were injured in Wolseley during a protest by farmworkers related to wages.

Wolseley, Western Cape - A man was killed and five other people were injured in Wolseley on Wednesday morning, during a protest by farmworkers related to wages, Western Cape police said.

Lt-Col Andre Traut said a 28-year-old man died and five other people were injured in the same protest.

“This matter is now the subject of an investigation conducted by the Independent Police Investigative Directorate (IPID) and police will not be in a position to divulge the finer details of the case.

“The man died as a result of police action, but we cannot give more details of the incident.”

IPID spokesman Moses Dlamini said an investigator was on his way to the scene to get more details.

“I can confirm that one person was killed. However we only have a report that three were injured. An investigator is on his way to gather more details.”

Democratic Alliance spokesman Zak Mbhele said unconfirmed reports received by the party indicated a farmer had been killed in the province.

“Another unconfirmed report is that a farmer was attacked by a mob of protesters and beaten to death. We have no further details at this stage.”

Traut said police were trying to find out about the second killing.

Grape harvesters in the Hex River Valley have been protesting for over a week about their wages, demanding R150 a day. Most earn between R69 and R75 a day, with R80 being the highest and only offer from farmers so far.

Protesters have been blocking roads and burning tyres across the province.

“The widespread unrest by farmworkers... is a matter of concern and although every endeavour is made to maintain law and order, it is fair to admit that our response time is compromised and affected by the situation,” Traut said.

AfriForum called on President Jacob Zuma and Police Minister Nathi Mthethwa to intervene.

“We expect minister Mthethwa to personally visit the scene and to ensure that the transgressors are prosecuted successfully,” deputy CEO Ernst Roets said in a statement. - Sapa

If Western Cape farmworkers continue to protest, the province could become rife with anarchy, premier Helen Zille said.

Cape Town - If Western Cape farmworkers continue to protest, the province could become rife with anarchy, premier Helen Zille said on Wednesday.

The Democratic Alliance leader said in statement that she had sent ANC provincial leader Marius Fransman an SMS detailing her concerns.

The SMS read: “We are heading towards anarchy. 1000s of jobs will be lost and an industry potentially destroyed.

“I am receiving horrific reports of farmworker intimidation. (Labour Minister Mildred) Oliphant must be recalled from abroad and begin negotiations on the national minimum wage with all stakeholders.

“It is essential that we remove politics from this matter and stabilise the situation. That is the call you must make. I am extremely worried that lives are in danger and that people will retaliate.”

Zille said later in the statement that Fransman had to distance himself from alleged incitement in the province by the Congress of SA Trade Unions (Cosatu).

Last Wednesday, Cosatu Western Cape secretary Tony Ehrenreich said talks about the protest had to find a way for workers to get decent wages.

“The ill treatment and under-payment of workers by some farmers must stop, otherwise we will see a Marikana in De Doorns,” he said.

Freedom Front Plus spokesman Pieter Groenewald said on Tuesday the party would ask the SA Human Rights Commission to investigate the “correctness” of statements attributed to Ehrenreich.

According to Groenewald, Ehrenreich allegedly told farmers: “There is already blood on the farmworkers, and unless it stops there will be blood on the farmers of these farms.”

On Tuesday Zille said she asked President Jacob Zuma to intervene in the De Doorns farmworkers' wage dispute, and had called for the defence force to get involved.

Farmworkers continued protests in the Western Cape and burned tyres on Wednesday morning while police fired rubber bullets to disperse a crowd.

Police spokeswoman Constable Lybey Swartz could not confirm this, saying no reports had reached the Western Cape media centre.

Farmworkers in the area started protesting last week in demand of R150-a-day wage and better working conditions.

Last Thursday, Zille was heckled by supporters of expelled ANC Youth League president Julius Malema while visiting the area.

She had to be escorted away by police when her entourage was pelted with stones by the striking farmworkers.

Agriculture Minister Tina Joemat-Pettersson was expected to meet Zuma on Wednesday to obtain his support for higher wages for farmworkers. - Sapa

Protests by farmworkers in the Western Cape were not only about wages, Agri SA said.

Western Cape - Protests by farmworkers in the Western Cape were not only about wages, Agri SA said in Pretoria on Wednesday.

“This is the worst violence that we have ever experienced,” Agri SA Western Cape president Cornie Swart said.

“For sure it is forces from the outside. It is political.”

Agri SA national president Johannes Moller said the trade association believed wage negotiations should take place between farmers and workers.

“Give farmworkers (an) opportunity to negotiate with farmers on farm level.”

Grape harvesters in the Hex River Valley have been protesting for over a week about their wages, demanding R150 a day. Most earn between R69 and R75 a day, with R80 being the highest and only offer from farmers so far.

According to reports on Wednesday, protests were taking place in 16 towns across the province and several workers had been arrested for public violence.

“We are not trying to defend the R70,” Moller said.

Workers' wages were determined every March by the Employment Conditions Commission, he said.

However the industry was very labour intensive and wages accounted for 45 percent of farmers production costs per year. This amounted to R1.5 billion.

“So just a small increase will push this a lot higher.”

Moller said the protests could have far-reaching structural changes in the agricultural industry if it resulted in jobs being shed, instead of creating them. It could also have an effect on buyers.

“It will have a major impact on the country as a whole.”

He said a possible unconventional employment effort could be to employ more people from the same family. This would increase a family's income.

However it would limit the amount of families that were employed by the agricultural industry.

“So whatever decision you make it will have a serious impact,” he said.

Moller also denied reports about farmers in the Western Cape area being murdered.

“We have heard stories about farmers being killed. This is not true.” - Sapa

The R70 a day minimum wage for farmworkers will be cancelled and renegotiated, Labour Minister Mildred Oliphant said.

Johannesburg - The R70 a day minimum wage for farmworkers will be cancelled and renegotiated, Labour Minister Mildred Oliphant said on Wednesday.

Oliphant said she would publish a notice to cancel the current sectoral determination for agriculture after farmworkers in the Western Cape embarked on a protest demanding higher wages.

“The sectoral (determination) sets out the minimum wages that people need to be paid in that specific sector,” she said in a statement.

“In the inspections that have been conducted, we have found that some farms paid more than the minimum and I believe that is the right thing to do.”

Western Cape police have confirmed that a man was killed and five other people were injured during protests about wages in Wolseley on Wednesday morning.

Lt-Col Andre Traut said the Independent Police Investigative Directorate (IPID) would investigate.

“The man died as a result of police action, but we cannot give more details of the incident,” he said.

“Reports of a farmer being killed by a mob of farmworkers in the province are not true. Those allegations are false.”

IPID spokesman Moses Dlamini said an investigator was on his way to the scene where the protester was shot to get more details.

“I can confirm that one person was killed. However we only have a report that three were injured. An investigator is on his way to gather more details.”

Earlier, Democratic Alliance spokesman Zak Mbhele said unconfirmed reports received by the party indicated that a farmer had been killed in the province.

“Another unconfirmed report is that a farmer was attacked by a mob of protesters and beaten to death. We have no further details at this stage.”

Oliphant said she would publish a notice indicating the intent to call all interested parties to comment on the sectoral determination by next Friday.

“I would also like to call on all the parties that have been involved in the current negotiations in the farms in the Western Cape to intensify their effort to resolve the current impasse,” she said.

“The negotiations and the resolution should be pursued over and above the other efforts like re-looking at the sectoral determination, which process may take a while to conclude.”

The Employment Condition Commission would also meet Oliphant next Wednesday to discuss further intervention in the farming sector, the labour department said.

Agriculture Minister Tina Joemat-Pettersson is expected to brief the media at 4.30pm in Cape Town on the updates in the farming sector wage dispute.

Grape harvesters in the Hex River Valley have been protesting for over a week about their wages, demanding R150 a day.

Most earn between R69 and R75 a day, with R80 being the highest and only offer from farmers so far.

Protesters have been blocking roads and burning tyres across the province. - Sapa

Two news photographers were injured during farmworkers' protests in the Western Cape, the SA National Editors' Forum said.

Western Cape - A news photographer was shot with a rubber bullet during farmworkers' protests in the Western Cape, the SA National Editors' Forum (Sanef) said on Wednesday.

“Mandla Mnyakama, a photographer from the Daily Sun, was allegedly shot in the back with a rubber bullet by police while covering the protests near Robertson,” it said in a statement.

“In the same protest, Lulama Zenzile, a photographer at Die Burger, was injured while standing 20 yards (about 18 metres) from the police,” Sanef said in a statement.

Zenzile, whose nose was bleeding, had since been discharged from a clinic.

Sanef said other reporters at the scene had confirmed the incidents.

“Sanef is seeking further information about these incidents. We have as yet received no official response from police, despite inquiries.”

Western Cape police spokesman Lt-Col Andre Traut said: “I can confirm the incident in which a photographer was shot with a rubber bullet, the circumstances of which are being investigated.” - Sapa

Western Cape farmworkers will suspend their protests over wages and living conditions for two weeks, Angie Motshekga said.

Western Cape - Western Cape farmworkers will suspend their protests over wages and living conditions for two weeks, Acting Labour Minister Angie Motshekga said on Wednesday.

She said the Congress of SA Trade Unions (Cosatu) had consulted workers and it was agreed they would return to work on Thursday and desist from violence and vandalism.

The suspension was on condition that the sectoral determination for agriculture be looked at by the Employment Condition Commission next Wednesday.

This meant the R70 a day minimum wage for farmworkers would be cancelled and renegotiated.

Motshekga was addressing reporters in Cape Town, on behalf of Labour Minister Mildred Oliphant, who was out of the country.

Grape harvesters in the Hex River Valley have been protesting for more than a week about their wages, demanding R150 a day.

Most earn between R69 and R75 a day, with R80 being the highest and only offer from farmers so far.

Sixteen towns in the province have been affected by the protest action, which included blocked roads and burning tyres.

Agriculture Minister Tina Joemat-Pettersson described the labour action as a service delivery strike, and said workers in De Doorns, for instance, wanted housing and basic services.

She condemned those who said the matter was purely political.

“This is not a political matter. This an initiative of workers themselves. This is indeed a service delivery strike.”

The labour department expressed condolences to the family of a farmworker killed in Wolseley on Wednesday morning.

“We are calling for an end to the violence and wish to appeal to the farmworkers to give us a chance to attend to all their demands.”

Western Cape police confirmed that a man was killed and five people were injured during protests in Wolseley.

Lt-Col Andre Traut said the Independent Police Investigative Directorate (Ipid) would investigate.

“The man died as a result of police action, but we cannot give more details of the incident,” he said.

“Reports of a farmer being killed by a mob of farmworkers in the province are not true. Those allegations are false.”

Ipid spokesman Moses Dlamini said an investigator was on his way to the scene where the protester was shot to get more details.

“I can confirm that one person was killed. However we only have a report that three were injured. An investigator is on his way to gather more details.”

Joemat-Pettersson said her state security and police counterparts, Siyabonga Cwele and Nathi Mthethwa, would “engage further in the matter”.

“To give information now (on the death) would be very clumsy and irresponsible,” she said.

A notice indicating the intent to call all interested parties to comment on the sectoral determination would be published by next Friday.

“I would also like to call on all the parties that have been involved in the current negotiations in the farms in the Western Cape to intensify their effort to resolve the current impasse,” Oliphant said in a statement.

“The negotiations and the resolution should be pursued over and above the other efforts like re-looking at the sectoral determination, which process may take a while to conclude.”

Joemat-Pettersson said the sectoral determination could only be revised once a year.

A revisal would affect all farmworkers across the country, regardless of produce. - Sapa

The Western Cape stands on the brink of anarchy and the agricultural industry could collapse, Premier Helen Zille said.

Cape Town - The Western Cape stands on the brink of anarchy and the agricultural industry could collapse, putting thousands of jobs at risk, Premier Helen Zille said on Wednesday.

Zille convened an urgent cabinet meeting on Tuesday and activated the provincial disaster risk management centre at Tygerberg Hospital.

Eight thousand crates of grapes were set alight in Ceres and Prince Alfred Hamlet and numerous cold stores and packing houses destroyed. A number of farmers have requested protection.

An Eskom transformer had also been burnt and wheat land was burning in Nduli and Porterville.

Firefighters were battling to get to blazes as protesters barricaded roads, although six fire-fighting aircraft were being used to douse flames and to drop firefighters into affected areas.

Zille said the provincial government was doing all it could, but it did not have power over the police or the army.

She said the unrest was putting an entire industry at risk, and it would have repercussions for food security.

Provincial Commissioner Arno Lamoer had gone up to Pretoria for a briefing with national police commissioner Riya Phiyega.

Zille accused provincial ANC leader and Deputy Minister of International Relations Marius Fransman of driving the unrest.

She said he should rather now work with her in helping to defuse the situation.

Her calls to the president to send in the army had gone unanswered, she told a press briefing on Wednesday.

“It is essential that [President] Jacob Zuma call in the South African Defence Force to help the police protect lives, property and the industry to save thousands of jobs,” Zille said.

“It is strange that during a crisis of this magnitude the premier tries to get hold of the president, leaves messages and writes letters, but there is no response. There cannot be any issue more pressing than this one.”

Cape Argus

Michael Daniels, 28, was allegedly shot in the back in Wolseley as he turned to flee an approaching police line.

Cape Town - A morning of violent clashes with protesters in Wolseley climaxed with police opening fire on a group of strikers on Wednesday.

Twenty-eight-year old Michael Daniels was shot in the back as he turned to flee an approaching police line.

Late on Wednesday, thousands of empty wooden crates stacked 10m high were burning in the town as protesters vented their fury.

Police spokesman Lieutenant-Colonel Andre Traut confirmed Daniel’s death, but refused to comment on whether live rounds were used.

According to witnesses, two officers had apparently fired warning shots into the ground with their service pistols.

The Cape Argus spoke to Edwin van Wyk, who was standing next to Daniels when he was shot.

“He was immediately unconscious. I called him twice and then lifted his shirt to see where the blood was coming from.

He was not bleeding too much but he was limp and foaming at the mouth. He was dead,” Van Wyk said.

Van Wyk begged police to call an ambulance and to attend to Daniels.

Police negotiated with protesters to stop throwing rocks and drove a police van to where Daniels lay.

Van Wyk lifted his body into the van and four other people with injuries were also helped.

One of the injured men, Jonathan Malgas, said they had to look at Daniels’ body in the van.

“It was awful. He was ice-cold. His face wasn’t covered. We had to sit there and look at him,” he said.

Jo-Anne Otto, principle communication officer for Cape Winelands Health, could not confirm how Daniels died, saying that he was dead on arrival.

Daniels’ mother, Magdalena Daniels, who lives in Pine Valley, said her son had been on his way to work on Wednesday morning when the protests in Wolseley started.

Daniels was a worker on a fruit farm and the only breadwinner in the household, she said. He had earned R350 a week.

Outside the police station, a crowd gathered, baying for the blood of the officers who had opened fire.

Community Safety MEC Dan Plato met community leaders and later addressed the crowd.

Plato expressed his condolences to the family and said that the Independent Police Investigations Directorate (Ipid) would take over the investigation.

Skirmishes between police and protesters went on throughout the day.

In Ceres, farmers blocked the only entrance into the town from Cape Town with piles of rubble, stones and sand on Wednesday.

Kanonkop farmer Hennie du Preez, one of about 10 involved in blocking the R46 about 25km outside of Ceres, said they wanted to protect Breede Valley farms from protesters.

Du Preez said the farmers blocked to road to prevent any problems near their farms.

Grape harvesters in the Hex River Valley have been protesting for over a week about their wages, demanding R150 a day.

Most earn between R69 and R75 a day, with R80 being the highest and only offer from farmers so far.

Agri SA labour policy commission chairman Anton Rabe said a minimum wage of R70 a day would look bad to the uninformed, but there were other aspects that affected this figure.

Many farmers were supplying workers with transport, accommodation and training.

He said close to 40 percent provided after-school services and 23 percent provided medical facilities on site.

The government on Wednesday activated the Provincial Disaster Management Centre to deal with the wide-scale protests in the agricultural sector. The centre, at Tygerberg Hospital, co-ordinates emergency services across the province in times of crisis.

On Wednesday, Premier Helen Zille said the centre received reports in real time where fires were burning and roads were closed, which guided them on how best to deploy resources.

Emergency services are stretched to capacity and Zille has called on President Jacob Zuma to send in the army to protect lives and property.

Jacky Pandaran, director of operations at the centre, said 12 regions had been affected across the province.

Shortly before 7pm on Wednesday night, provincial police spokesman Traut said : “Things seem to be calming down as we approach sunset. But we are still monitoring a number of places very closely, including Wolseley, Ceres and Robertson, which are of concern.”

At the time of going to press last night, no active protest actions were reported by police.

Traut said various incidents that took place on Wednesday were being investigated, including the attack on the police vehicle at Wolseley.

He said this was being investigated “at a high level”, but he was not authorised to comment further on the matter.

“We cannot allow our members to come under attack,” Traut said.

Cape Argus