The Judicial Service Commission will decide on Wednesday whether to appoint a tribunal to investigate allegations of misconduct against the Western Cape Judge President.

Cape Town - The Judicial Service Commission (JSC) was expected to decide on Wednesday whether to appoint a tribunal to investigate allegations of misconduct against Western Cape Judge President John Hlophe.

“We are going to deal with it tomorrow,” JSC spokesman Dumisa Ntsebeza said on Tuesday.

The announcement followed a recommendation by the Judicial Conduct Committee last month to appoint a tribunal, taking into account the pronouncements of the Supreme Court of Appeal (SCA) that the JSC had to decide whether Hlophe was guilty of gross misconduct or not.

At the time the committee said the complaint by Constitutional Court judges, if established, would prima facie indicate gross misconduct, “which may lead to impeachment”.

The matter began in 2008, when the Constitutional Court complained that Hlophe had tried to influence two of its judges to rule in favour of President Jacob Zuma in a case involving the country's multi-billion-rand arms deal. They regarded this as an improper attempt to influence the case.

Hlophe, affronted that the judges had also sent a copy of the complaint to the media before he had had time to deal with it, laid a counter-complaint. A lengthy stop-start parallel process of JSC hearings and court challenges ensued.

The matter was ultimately heard in the SCA with rulings in favour of Western Cape premier Helen Zille and lobby group Freedom Under Law. The SCA ruled that the JSC had to reconsider both complaints. - Sapa

Poor seamanship and a snoozing captain contributed to a Japanese fishing vessel running aground on Cape Town's famous Clifton Beach.

Parliament, Cape Town - Poor seamanship and a snoozing captain contributed to a Japanese fishing vessel running aground on Cape Town's famous Clifton Beach in May this year.

According to Transport Minister Ben Martins, the SA Maritime Safety Authority (Samsa) has investigated how the 439-ton tuna vessel Eihatsu Maru came to lose its way in fog.

It got stuck in the sand off Clifton's First Beach in the early hours of May 12.

In a written reply to a parliamentary question, Martins said Samsa found the vessel “was not appropriately manned for the voyage, as there was only one watchkeeper who was not qualified as required by the Japanese flag state”.

Further, the lookouts were “not allowed” to disturb the captain.

“The vessel's bridge was not appropriately manned as required by good seamanship as there were only lookouts on the bridge-wing, who were not allowed inside the bridge where the captain was asleep.”

Martins said the captain had not stuck to international regulations, which require all available means - including the use of radar and depth sounders - be employed to keep a proper look out when a vessel was in fog, or visibility is poor.

“In addition, the vessel's autopilot repeater was reading about 12 degrees low in comparison to the gyro compass. No regular compass and gyro error readings had been logged in the deck log book.

“If the error was known, the master could have applied the correct course setting in order to steer to the anchorage,” he said.

According to a maritime expert, who declined to be named for professional reasons, the gyro compass sends information via a repeater to other navigational instruments.

“The fact that there was a 12 degree difference suggests the instruments were not checked at the start of the watch. This should be done in terms of both maritime regulations and in the interests of good seamanship,” the expert told Sapa.

In his reply, Martins also suggested Cape Town port authority staff were not sufficiently vigilant when the Eihatsu Maru entered the harbour's shipping lanes, within range of their radar.

“The vessel crossed the Cape Town VTS (Vessel Traffic Services) in total contravention of Rule 10 of the Collision Regulation, without any comment from the VTS operator,” he said.

It is understood the VTS operators are located in the harbour's Port Control building. Their radar scopes, which cover the harbour approaches, are meant to be manned round the clock.

According to the maritime expert, usual procedure would be to contact any vessel entering this zone, and offer help if this is required.

Martins said that shortly after entering Table Bay, the Eihatsu Maru's master had “become disorientated”.

This resulted in the vessel “steaming in an anti-clockwise direction”, and finally ending up on the beach.

Shortly before it grounded, the Eihatsu Maru's crew had used searchlights to try and see where they were.

“Due to... the use of searchlights by the vessel's crew, the investigating officer believes that the vessel's radar was not in operation at this time,” Martins said.

The investigators found the vessel's master should have anchored and waited for the visibility to improve.

“There was no obvious reason why the master did not anchor and await better visibility.”

Martins said his department had held a series of meetings with the vessel's owners.

It reached an out-of-court settlement on the cost of towing the Eihatsu Maru off the beach, where it was stranded for six days.

After several attempts to remove the vessel, a salvage tug pulled the Eihatsu Maru out to sea on May 18.

Martins said Samsa had accepted an out-of-court settlement to avoid the high cost of legal action, among other reasons.

“Samsa accepted the out-of-court settlement because, firstly, the vessel had no insurance and the owner could only afford the settlement offer and still have enough money at his disposal to effect the necessary repairs to make the vessel seaworthy again and remove it from Cape Town harbour,” Martins said.

“Secondly, were Samsa to have approached the High Court and applied for a judicial sale of the vessel, the catch and the diesel, the likely proceeds would have been much less than the settlement offer.”

In his response, Martins said in the light of the incident, his department was working on changes to maritime legislation.

There was currently no legislation requiring foreign fishing vessels to apply for safety permits before visiting South African harbours.

“Only foreign vessels, such as passenger ships, cargo ships of 500 gross tonnage or more, and mobile offshore drilling units, are regulated under the Merchant Shipping Regulations...

“The department is now working on a piece of legislation... that will regulate vessels with a gross tonnage of 300 tons and above, as well as fishing vessels.”

This would ensure that vessels such as the Eihatsu Maru were regulated and closely monitored when moving in South Africa's waters, he said.

The parliamentary question was posed by the Democratic Alliance's Pieter van Dalen. - Sapa

It will take another week or two before the cause of the charter boat accident in Hout Bay is revealed, Western Cape tourism MEC Alan Winde said.

Cape Town - It will take another week or two before the cause of the charter boat accident in Hout Bay is revealed, Western Cape tourism MEC Alan Winde said on Tuesday.

“The final report on the cause of the accident will be revealed once the boat has been taken out of the water and the investigating officers have inspected the boat,” he told reporters in Cape Town.

“According to the SA Maritime Safety Authority (Samsa) the boat had a valid legal safety certificate and was certified to carry 42

passengers and three crew.”

The Miroshga, carrying 39 people, capsized near Duiker Island on Saturday afternoon. British tourist Peter Hyett, 64, and crew member John Roberts, 37, drowned.

Three women were rescued from inside the overturned hull and hospitalised with severe hypothermia. Two had since been discharged.

Winde praised all those involved in the rescue for “alleviating what could have been a major disaster at the start of the tourism season”.

According to Cape Town disaster risk management head Wilfred Solomons-Johannes, more than 60 percent of those on board had been international visitors.

National Sea Rescue Institute spokesman Craig Lambinon praised the quick response of various parties.

“Shortly into the start of the operation, a sense of calm descended over the area because everyone knew that an A-Team were on the scene and doing what they do best,” he said.

The NSRI's Brad Geyser, who commanded the joint operation, said it was “a long two days”, but he would “go to war any day” with those who had responded to the call. - Sapa

Samantha Zeederberg couldn't hold back the tears when she heard her Grade 1 son's school would be closed.

Cape Town - Samantha Zeederberg couldn’t hold back the tears when she heard her Grade 1 son’s school would be closed. Lavisrylaan Primary is among 20 schools in the province that will have to shut their doors on December 31.

“We thought we would get good news today but when we heard that the school is going to close, everyone was sad. People were crying. This is my son’s first year at school. He didn’t know that something like this would happen.”

Zeederberg said she had made no plans to place six-year-old Zeeque in another school. She still believes that the school will remain open.

“God has the final say. It was at this school that I voted for Helen Zille. Now she is hurting us.”

On Tuesday Education MEC Donald Grant said the school’s pupil numbers were low and had decreased to 156 children.

He said the pupils could be accommodated at Helderberg Primary where there were generally better literacy and numeracy development opportunities.

Beauvallon Secondary School principal Henry Hockey said the fact that the Education Department had already paid John Ramsay High School R3 million in March to accommodate his pupils showed that they had made up their minds months ago.

He said that the department’s decision to close down his school was insensitive and a smack in the face to the Valhalla Park community who had spent time trying to keep the school open since the proposed closure was announced.

“He (Grant) has wasted the time of this community by giving the impression that he was consulting them in the meantime he had already made up his mind to close the school.”

He said the school was the only high school in the community of Valhalla Park and pupils felt unsafe about having to travel to John Ramsay for classes because they would have to move between rival gang territories.

“They are too scared to leave the area. They said bluntly, they can’t go to that school.”

Grant said part of the reason why he was closing the school was that the infrastructure had become unsafe.

On a walkabout of the school with Hockey and Eric Walters, head of the governing body, the Cape Argus was shown four classroom which had neither walls or windows.

Hockey said: “We have three double-storey blocks, two of them are in good condition. In the last one only four rooms are in a bad state because the hardboards (material used to build them) had deteriorated over the years. People had started taking advantage of that and pulled the classrooms apart to make money from the windows and frames.”

Walters said they had been trying to get the department to let them fix the classrooms for the past four years.

The mood at Athwood Primary School in Hanover Park was more jovial when they found out that the school would remain open.

Mogamat-Zain Allie, who has been a teacher at the school for 35 years, said they were relieved. He said they were going to work hard to improve their marks and keep the school safe.

In one of the classrooms, Shereen Jacobs, a teacher at the school for the past 36 years, was busy with a class.

Jacobs said due to vandalism her classroom h ad no ceiling lights, electrical plugs or electricity.

It is one of few with a ceiling and Jacobs said she feared that the room would eventually cave in.

She said she was so nervous about yesterday’s announcement that “I never slept last night”.

“Since we won’t be moving, we have to take ownership of the school. The children are happy and the parents are happy.”

At Zonnebloem Nest Senior School and Peak View Secondary teachers and pupils were “ecstatic” when they heard their schools would stay open.

“It was a long wait. We informed the pupils immediately. They were joyful, happy and excited,” said Zonnebloem teacher Carmen Hector.

Oswald de Villiers, principal of Peak View Secondary, said: “The pupils were so excited. I can’t describe the emotions.”

The school had the lowest matric pass rate in the Western Cape last year but De Villiers said there had been significant improvement since the school introduced Xhosa as a home language.

How it transpired

* At the end of May Education MEC Donald Grant notifies 27 schools of his intention to close them at the end of the year. Governing bodies were then given the opportunity to make representation in relation to the proposed closures.

* In July Grant announces that after considering all representations received from the governing bodies he has decided to proceed with public hearings for each of the 27 schools. The public was also invited to make written submissions.

* In August the Western Cape Education Department announces that it has prepared a placement plan for pupils affected by the proposed closures. During public hearings at Protea Primary in Bonteheuwel and at Lavisrylaan in Bishop Lavis pupils and parents speak out against the proposed closures.

* Last month Grant announces that the public participation process is closed and that he is considering all representations made to him.

* On October 16 Grant announces that 20 of the 27 schools will be closed. The ANC and Sadtu vow to fight the decision.

ilse.fredericks@inl.co.za

Cape Argus

The ANC in the Western Cape says it won’t take Education MEC Donald Grant’s decision to close 20 schools lying down.

Cape Town -

The ANC in the Western Cape says it won’t take Education MEC Donald Grant’s decision to close 20 schools, lying down, and is seeking legal advice.

At a press conference on Tuesday provincial chairman Marius Fransman said the fight against school closures would now be escalated.

“We will invoke legal action. Those schools will not close and we will create a precedent in this country.”

Fransman said poor communities had to join hands and oppose “this unfair and unjust action”.

The ANC has demanded that all letters of closure issued be retracted within 24 hours.

Fransman said Grant’s announcement could not have come at a worse time as matrics were now preparing to start their finals. This year’s matric exams start on Monday.

“What is more telling is the fact that unviable and struggling former model C schools were not included in this irregular hunt.”

Fransman said hundreds of pupils would now have to be transported to their new schools.

The ANC said Grant’s legacy in the Western Cape would be the closure of schools against the wishes of communities.

“Clearly the department and Grant have messed up and painted themselves into a corner. It leaves no other way out but to fight fire with fire and take them on in every possible way to protect the rights of our children and these poor communities,” Fransman said.

Grant’s spokeswoman Bronagh Casey said it was no surprise that the ANC had demonstrated its inability to understand issues of education management and provision.

“They have once again reduced these issues to crude race and party politics. None of the issues highlighted by them in their statement stands up to even the most superficial interrogation.”

She said that the ANC was not only guilty of false claims, but also hypocritical, given that they closed 47 schools between 2002 and 2007, building only 42 in the same period.

“In the case of these 20 schools I believe we have made the right decisions which will produce a positive outcome for all the learners concerned. What the ANC fails to realise is that improving the opportunities of learners is not about winning votes – it is about what is in our children’s best interests…”

ilse.fredericks@inl.co.za

Cape Argus

Judge Isaac Madondo was grilled on a wide range of issues in his bid for the position of deputy judge president of KZN.

KwaZulu-Natal - KwaZulu-Natal Judge Isaac Madondo was grilled on everything – from his views on who should lead the judiciary to his not attending a morning tea meeting – in his bid for the position of deputy judge president of KZN.

Asking most of the tough questions at the Judicial Service Commission interview in Cape Town was Judge President Chiman Patel.

Judge Patel was appointed last year as judge president, a position for which Judge Madondo had also been shortlisted and interviewed.

Judge Patel questioned Judge Madondo on why he rarely attended the 9am tea meeting, during which judges often exchanged views and advice.

Judge Madondo responded that he did not consider it to be obligatory. If he did not go to the tea room, it was because he was “busy with something” else.

“At times, even though I don’t take tea, I do go there to interact with my colleagues when the need arises,” he said.

Judge Patel also pressed Judge Madondo on the fact that he was the only judge in the division who had a dedicated driver, a service he had used for two years.

Judge Madondo said he had been assigned a dedicated driver following a request for one because he had “dizzy spells”, particularly when driving long distances.

While he acknowledged that he had taken steps to improve his health, he understood that, if he needed a driver, there was one available.

Judge Patel also quizzed Judge Madondo on why, in June, he had not been in court for 11 of the 20 court days, which he said he considered to be “a very long period”.

Also, contrary to the rules in the division, Judge Madondo had not approached the senior judge in the civil section to indicate that a criminal case had collapsed and that he was free to help with civil cases, he said.

“The statistics indicate that out of the 20 days that you would have sat in court, 11 days you did not sit,” said Judge Patel.

Judge Madondo replied that he had been working on several other matters, including judgments and leave to appeal cases.

JSC commissioner CP Fourie questioned Judge Madondo on his stance over who should hold high-ranking judge president positions.

Fourie told Judge Madondo that, when he had been interviewed for the judge president’s position in October last year, he had said there were “imbalances” that needed “more insight”, and that they could “not be dealt with by some other person who is not an African” because not everyone had been oppressed “in the same way”.

This had also been the case in the legal profession.

Judge Madondo said this had not been his view “in the sense the commissioner took it”.

The commissioner who had asked the question at the time had been Koos van der Merwe.

Judge Madondo said it was his view that “maybe I would be better positioned” to address such issues.

By contrast, Judge Achmat Jappie, acting KZN deputy judge president – and the judge who stood in for Judge Patel while he was on long leave earlier this year – had an easier ride from Judge Patel who, one onlooker said, “just made nice speeches about him”.

Judge Jappie obviously had the support of Judge Patel and the support of most of the senior judges in the division.

He also seemed to be backed by Chief Justice Mogoeng Mogoeng, who presented Judge Jappie as a “worker” whose continuing role in case-flow management – a strategy to streamline the criminal justice system – got cases going and finalised.

Judge Jappie not only chairs the KZN case-flow management committee, but also represents the province on the national committee which sits at the Constitutional Court.

Among the concerns raised by JSC members during Judge Jappie’s interview was that, if he was appointed, there would be no African representative at senior level in the division.

He was also asked why he had not made himself available before.

Judge Jappie said this was because, the first time round, when Judge Madondo went up against Judge Patel for the judge president job and no one applied for deputy, he had been sitting at the Labour Appeal Court.

In the last round for the deputy position, he had backed Judge Fikile Mokgohloa because he thought a woman should be appointed to the position.

Judge Madondo was her opposition, but the JSC declined to appoint anyone. - The Mercury

A 22-year-old man is in a stable condition after being shot in the face at close range outside the Bellville Magistrate’s Court.

Cape Town - A 22-year-old Delft man is in a stable condition in hospital after being shot in the face at close range outside the Bellville Magistrate’s Court.

Police arrested two people in connection with the shooting early on Tuesday.

“One man was arrested outside the court building shortly after the incident,” said police spokesman Warrrant Officer November Filander.

“The other was arrested after the getaway car - a green Audi A4 - was spotted by a patrolling police vehicle in Bishop Lavis.”

Meanwhile, Eric Ntabazalila, spokesman for the National Prosecuting Authority in the Western Cape, confirmed that the man, named as Riedwaan Bartes, was due to appear in court on Tuesday on charges of drug possession.

“He was shot while standing in the queue waiting to enter the court building. He was appearing on a dagga-related charge,” he said.

daneel.knoetze@inl.co.za

Cape Argus

A group of UCT students staged a silent picket opposing the Traditional Courts Bill during a lecture by Justice Minister Jeff Radebe.

Cape Town - A small group of UCT students staged a silent picket opposing the Traditional Courts Bill during a lecture by Justice and Constitutional Development Minister Jeff Radebe on campus on Tuesday.

Radebe was invited by the Law Students Council and the SRC to speak on access to justice. The group of between 15 and 20 “concerned students”, including members from Equal Education, Right2Know, Students Against Secrecy, Students for Law and Social Justice, UCT Students of the Workers Forum and UCT Palestinian Solidarity Forum picketed outside the Molly Blackburn Hall on the university’s upper campus.

UCT SRC societies co-coordinator Michael Moss and Nishal Robb led the silent picket opposing the Traditional Courts Bill, which is a proposed law that is planned to replace the Black Administrations Act of 1927.

“The Traditional Courts Bill is unconstitutional and we feel that there was very inadequate consultation. It will only create a dual system of justice,” Moss said.

He explained that the number of students that joined the picket were from various faculties - including law students who were more familiar with the content of the acts. Moss and Robb highlighted a number of problems with the proposed bill.

“If this act comes into place it will mean that people living in rural areas will be subjected to rural courts and there will be no racial or cultural differentiation,” Robb said.

Carina Conradie, a student in the Humanities Faculty, said: “The process behind the Traditional Courts Bill was not very open and that’s why I am here, we won’t be disruptive but we want the minister to know that we are here to listen and we care.”

Radebe said: “There is no doubt that justice must adhere to the democratic conception of justice itself. This is why our constitution recognises the provision for Traditional Courts as part of the justice system.”

Radebe said he had taken into account the various comments that he had received and closed by saying that access to justice remained a “crucial feature on the strides we are making towards the success of our democratic plan”.

“Access to justice is not only a value and theme that binds the judiciary, but binds all branches of state, organs of state, and juristic persons such as universities and individuals.”

yolisa.tswanya@inl.co.za

Cape Argus

A police sergeant, 29, was shot in his midriff by three “suspicious-looking men” in Belhar.

Cape Town - Another police officer has been shot and wounded in a spate of attacks in Cape Town, police said on Wednesday.

Warrant Officer November Filander said a police sergeant, 29, was shot in his midriff by three “suspicious-looking men” in Belhar on Tuesday night.

He got out of his vehicle to stop the men on the corner of De Mist and Anreith streets, when they fired several shots.

The three, aged 18 to 24, ran away and were arrested soon after. An attempted murder case was opened.

Three police officers were killed last week. Constables Mandisi Nduku, 27, and Phindiwe Nikani, 26, were shot while on patrol in Imizamo Yethu, Hout Bay, on Friday night. Nikani died on the scene and Nduku later in hospital.

A man, 28, will appear in the Wynberg Magistrate's Court later on Wednesday in connection with the killings.

Last Wednesday, metro police officer Mpumelelo Xakekile, 50, was shot dead while issuing a fine to a taxi driver in Khayelitsha.

Sandisile Ncapayi, 18, appeared in connection with the killing and will return to court on Monday. - Sapa

There were fears that after the Miroshga capsized, travellers would be discouraged from visiting SA.

Cape Town - There were fears that after the Miroshga capsized on Saturday, claiming the lives of Briton Peter Hyett and local crewman John Roberts, travellers would be discouraged from visiting SA.

But Mariette du Toit-Helmbold, CEO of Cape Town Tourism, said due to the professional way in which the incident was managed, tourists would not be crossing Cape Town off their lists.

“I’ve heard praise from everyone, including the survivors and the family of the deceased, on how well everything was handled,” she said.

Cape Town Tourism offers visitors a support programme that acts as a band-aid when things do go wrong.

“They are in alien place, where they don’t know anyone and where to get the help they need,” said Du Toit-Helmbold.

In the case of the whale-watching vessel which capsized, spilling its 39 passengers into the ocean, the programme intervened making the necessary arrangements, such as providing counselling, accommodation and changing flight bookings.

“We can’t undo what happened but we can help them in every way we can,” she said. “We visited the survivors in hospital and brought them flowers to show them we cared and were there to help them.”

She added that while tourism was an integral part of SA’s economy, it was the lifeblood of many small coastal towns that were dependant on the surge of tourists during the summer months.

She said for this reason it was very important to mitigate any bad publicity.

Nauticat Charters owner Brenda Owen, who operates a passenger craft in Hout Bay, said business had not taken much of a hit, with tourists lining up on Tuesday to see the seal colony on Duiker Island. She said many of the other charter services were still doing a roaring a trade.

But with a difficult winter - in which rough seas put a dent in profits - now over, Owen is hoping that worried calls from travel agencies in Japan, the US and the UK, do not turn into cancelled reservations.

“I hope we don’t suffer later on,” she said. “We’ve dealt with the current situation but we will have to see further down the line.”

At a press conference held in the provincial legislature on Tuesday, Economic Development and Tourism MEC Alan Winde thanked the NSRI and other emergency services who helped pull off the “miraculous” rescue operation.

“When I got the call, images of the big boat disasters from all over the world started flashing through my head,” said Winde. “But by the time I got there everything was under control. In that moment I was proud to be a South African.”

“Unfortunately, two people lost their lives, which is two lives too many,” he said.

Briton Peter Hyett’s body is due to be transported to the UK by the end of the week. A memorial service for crewman Roberts, who drowned in the accident, will be held today at 7.30pm at the Assemblies of God in Hout Bay.

Cadet news agency

Cape Argus

The Cape Town International Convention Centre has made an R11m profit, created more than 7 000 jobs in its most recent financial year.

Cape Town - The Cape Town International Convention Centre has made an R11 million profit, created more than 7 000 jobs and hosted more than 500 events in its most recent financial year.

And it already has a series of major international conferences lined up until 2020. But the biggest of these events hinges on the approval of the venue’s expansion.

The CTICC on Tuesday released its latest annual results. After tax, the net profit comes to just under R7m. This is for the period from July last year to June this year.

It has hosted popular events such as the Cape Town Jazz Festival, Cape Town Fashion Week and the annual Mother City Queer Project.

Rashid Toefy the chief executive officer of the CTICC, said the city was a popular choice for international conferences. Titles such as winning the bid to host the World Design Capital in 2014 were a selling point.

However, he added that the country’s political landscape could affect this in the future. But, for now, events were still being secured for at least another eight years.

“There are more than 100 conferences booked for between now and 2020. Those deposits are paid and they’re coming no matter who the president is. The market is resilient.”

During the previous financial year, 38 international conferences were hosted. And the goal is to increase that to more than 50.

Toefy said the CTICC will work towards catching up with its closest competitors - cities such as Melbourne and Rio de Janeiro.

He said the key to the CTICC’s success was “innovation”.

“We are removing inhibitors to innovation at every point in this organisation.”

The biggest events would take place during 2016. But this depended on the expansion going ahead as planned.

Toefy is confident it would go ahead. He said they were waiting for city council approvals, expected at the end of this month.

The outcome of the Public Protector’s report on the price the CTICC paid for the land needed for the expansion was also pending.

“I believe the report is imminent. But the price of the land was absolutely market-related. We followed the [Municipal Finance Management Act] to the letter of the law.”

Looking ahead, energy efficiency was also a big priority. Toefy said their goal was to ensure the new building received a five- or six-star “green building” rating. Excavation for the expanded site is set to begin in April.

Technology would also be a big focus. They were working towards being the first conference centre in Africa to have a room equipped with “telepresence” technology, where people can meet remotely using screens.

On social responsibility, Toefy said the CTICC had “adopted” four local organisations. One was involved in food produce and the CTICC ordered 1 000 heads of lettuce from them each month. Another was a skills training centre in Mitchells Plain. Toefy said they roped in additional chefs from the CTICC from that skills centre for big vents.

bronwynne.jooste@inl.co.za

Cape Argus

A police officer was shot while on patrol, bringing to four the number of officers gunned down in Cape Town in the past week.

Cape Town - A police officer was shot while on patrol on Tuesday night, bringing to four the number of police officers shot while on duty in Cape Town in the past week.

The 29-year-old sergeant is in hospital, in a critical but stable condition after being shot in Belhar at about 11.30 on Tuesday night.

The sergeant, who had not been named by Tuesday morning, and a colleague were on a routine patrol “when they spotted three suspicious looking men” on the corner of De Mist Avenue and Anreith Street, said police spokesman Warrant Officer November Filander.

“As they got out of [their] vehicle, the three suspects fired several shots at them, wounding [the] sergeant on the side of his body,” he said.

Police later arrested three suspects, aged between 18 and 24, all from Delft. A case of attempted murder has been opened.

At the scene of the shooting this morning, the Cape Argus found several residents discussing what had happened.

There were no eyewitnesses, “because everyone just ducks for cover when the first shots go off”, said Fatima Adams, who lives in the house adjacent to where the shooting took place.

“There were about 10 to 13 shots. Then, when it went quiet, we peeked out of the window and saw him lying there, bleeding against the van,” she said. The officer was shot in his side, and said that he couldn’t feel his legs.

“My brother-in-law ran to the fire station, and alerted the paramedics. They were on the scene very quickly, and then the ambulance came.”

Residents said Belhar had experienced a period of calm in recent weeks, due to an increase in visible policing.

“But as things go quiet, police naturally retract from the area.

“This opens up the door for gangsters to become active again. Now the police themselves have got a taste of what happens when visible policing is scaled down,” said one man.

“And why is there so much attention when one cop is shot in any case? What about our children that are bleeding in the streets every week?”

Calls for the army to be brought in to quell the gang war was a constant refrain among residents this morning.

“Who is to say that they shouldn’t be brought in? The people that make the decisions don’t live here on these streets,” said one resident.

Nadia Zempie, who lives in a Wendy house near where the shooting happened, said: “I moved here because I was hit with a stray bullet that went straight through the walls of my previous Wendy house,” she said.

“Now I live in fear again. There were outside shootings two weeks ago and now this. I just have to grab my baby and lie flat on the floor and hope that the bullets pass over me. What else can we do?”

* Police have asked anyone with information about the shooting to call investigating officer Captain Pine Pienaar on 021 953 8100.

* Three other police officers have been shot and killed in the city in the past week. Metro police superintendent Mpumelelo Xakekile, 50, was shot dead while issuing a fine to a taxi driver in Khayelitsha on Thursday.

SAPS constable Phindiwe Nikani, 26, and her colleague, Mandisi Nduku, 27, died after they were shot in Imizamo Yethu on Friday.

Cape Argus

Diagnosed with chronic juvenile rheumatoid arthritis at the age of three, Karen Smit’s doctors gave her just 12 years to live.

Cape Town - Diagnosed with chronic juvenile rheumatoid arthritis at the age of three, Karen Smit’s condition was so severe that doctors gave her just 12 years to live.

But today, at age 49, Smit, has not only survived the disease but achieved everything that people told her was impossible.

Growing up in Mossel Bay, even her schoolmates and teachers didn’t give her much hope.

They said she could never move out of town and work in big cities, and would probably end up in a home with people to take care of her as she was disabled from the disease.

“They told me that completing matric would have no use for me, and that I would not be able to study further as I was disabled and university buildings would not really be accessible for me.

“They even said that no man would ever love me, and I couldn’t have children or drive a car,” she said.

But Smit has proved them all wrong.

Rheumatoid arthritis, often called RA, is a chronic inflammatory disease that damages and destroys the joints of the body. The inflammation in the joints causes pain, stiffness, and swelling, can also affect organs of the body.

Her life story has inspired her playwright brother, Hennie van Greunen, to write a play that portrays the difficulties and prejudices associated with disability.

The musical theatre show, Normality, starring Cape Town’s Pedro Kruger, was performed in SA in English for the first time last night at the Baxter Theatre.

Originally written in Afrikaans, Normality is a love story between Alex, whose body has been ravaged by juvenile rheumatoid arthritis, and Lisa, a journalist who refuses to fall for Alex’s scathing, self-deprecating humour and looks past the skewed body to see the man hiding there.

Kruger, who has been playing the character since the early 2000s, said the play was about creating awareness about the challenges and prejudices that they had to go through, but in a humorous way.

“The play shows that juvenile rheumatoid arthritis is a serious matter, but within that there’s a life, a person and a soul, and that you need to look beyond the physical disability. It shows that there’s more to life than the disability itself or the disease,” he said

While Karen initially believed the negative predictions people made about her life, living with the disease has taught her to believe in herself.

She has not only lived beyond doctors’ expectations, but has achieved – beyond expectations.

This mother of one, who has been married for 18 years, manages the Specific Needs Department of a major cellphone company and initiates cellphone products for the disabled and the elderly. She has won several awards for the work she does, and is also a motivational speaker.

“From time to time I still get flare-ups of arthritis, and yes, I’ve got barriers to overcome such as accessing some buildings. But I’ve learnt not to pity myself. I look at disability as just a medical condition. We all have some kinds of disabilities, whether those are financial disabilities or medical, but my motto is to never let your disability stop you from dreaming and achieve what you want in life.”

sipokazi.fokazi@inl.co.za

Cape Argus

The shooting of another police officer in Cape Town was a “heinous act” and would not be tolerated, Western Cape community safety MEC Dan Plato said.

Cape Town - The shooting of another police officer in Cape Town was a “heinous act” and would not be tolerated, Western Cape community safety MEC Dan Plato said on Wednesday.

“The individual policemen and women who have chosen to serve their country and protect its inhabitants deserve our respect. They place their lives on the line every day of the year to serve and protect,” Plato said in a statement.

Warrant Officer November Filander said a police sergeant, 29, was shot in his midriff by three “suspicious-looking men” in Belhar on Tuesday night.

He got out of his vehicle to stop the men on the corner of De Mist and Anreith streets when they fired several shots.

The three, aged 18 to 24, ran away and were arrested soon after. An attempted murder case was opened.

Three police officers were killed last week. Constables Mandisi Nduku, 27, and Phindiwe Nikani, 26, were shot while on patrol in Imizamo Yethu, Hout Bay, on Friday night. Nikani died on the scene and Nduku later in hospital.

A man, 28, will appear in the Wynberg Magistrate's Court later on Wednesday in connection with the killings.

Last Wednesday, metro police officer Mpumelelo Xakekile, 50, was shot dead while issuing a fine to a taxi driver in Khayelitsha.

Sandisile Ncapayi, 18, appeared in connection with the killing and will return to court on Monday. - Sapa

Anni Dewani's killer most likely shot her from the front passenger seat of the hijacked vehicle, the Western Cape High Court heard.

Cape Town - Anni Dewani's killer most likely shot her from the front passenger seat of the hijacked vehicle, the Western Cape High Court heard on Wednesday.

Warrant Officer Pieter Engelbrecht, a ballistics expert, said the bullet was shot from the front left seat to the back right seat of the hijacked VW Sharan.

He said he could not tell whether the shooter was left or right-handed, although if the left hand was used from that seat, the shooter would have had to swivel his body around towards the back.

Engelbrecht was testifying in the trial of Xolile Mngeni, 25, who has pleaded not guilty to the hijacking, robbery, and murder of Dewani in Gugulethu on November 13, 2010.

She had been on a Cape Town honeymoon with her husband Shrien.

In Mngeni's version of events that night, his alleged accomplice Mziwamadoda Qwabe had stopped the vehicle with a gun and sat in the driver's seat, while Mngeni was in the front passenger seat.

The accused said Qwabe shot Dewani without warning while he was driving.

This contradicted Qwabe's testimony, who took the stand as a State witness after a plea agreement in which he was jailed for 25 years.

Qwabe said Mngeni had a gun and stopped the vehicle.

He drove while Mngeni sat in the front passenger seat.

According to Qwabe, Mngeni was the triggerman.

The trial continues. - Sapa

Four people were injured when three vehicles collided on the N2 at Sir Lowry's pass near Somerset West.

Somerset West - Four people were injured when three vehicles collided on the N2 at Sir Lowry's pass near Somerset West on Wednesday, paramedics said.

ER24 spokesman Andre Visser said a truck veered out of control, and a bakkie collided into the side of the truck, and a delivery vehicle then collided head-on with the truck.

“The two male occupants in the bakkie had sustained injuries, including suspected back, neck, and chest injuries, as well as various scrapes and bruises,” he said.

“The delivery vehicle had two male occupants and both were trapped in the vehicle, as the drivers cab had crumbled inward, trapping both men in their seats.”

He said rescue personnel used hydraulic rescue equipment to cut the vehicle open to free the men.

A helicopter transported one of the men to hospital for further medical treatment. - Sapa

The movement of people linked to tourist Anni Dewani's murder were depicted on a large map in the Western Cape High Court.

Cape Town - The movement of people linked to tourist Anni Dewani's murder were depicted on a large map in the Western Cape High Court on Wednesday.

Crime-mapping expert Peter Schmitz, of the Council for Scientific and Industrial Research, took the stand in Xolile Mngeni's trial to explain the detailed map of the peninsula area.

Mngeni has pleaded not guilty to robbing, kidnapping and murdering Dewani in Gugulethu on November 13, 2010, while she was on honeymoon with her husband Shrien.

“I was asked to map the locations of cellphones and calls made before, during and after the commission of this offence,” he said.

The expert took the detailed cellphone billings of six individuals, for the period November 12 to November 14, 2010, and graphically displayed their movements according to the base stations that routed the calls and text messages.

Using different coloured lines and symbols, Schmitz linked cellphone activity between the phones of Shrien, convicted killers Mziwamadoda Qwabe and Zola Tongo, a hotel receptionist middleman who cannot be identified, and two of Mngeni's friends.

The court previously heard Mngeni used his friends' phones during that period because he had lost his own phone.

The colourful lines stretched all the way from the Victoria and Alfred Waterfront in Cape Town, where the couple were staying, to a restaurant in Strand where they dined shortly before the murder.

It also showed the location where the couple was hijacked and where Dewani's body was found.

The location of Mngeni's Khayelitsha home was enlarged to show numerous calls routed through a nearby base station.

Judge Robert Henney said Schmitz was acting on the assumption that Mngeni was the one who used those phones during that time and not his friends.

“You cannot conclusively say Mngeni indeed used these phones, either to contact the people you are referring to or to send an sms.”

The expert agreed he was acting on this assumption.

Qalisile Dayimani, for Mngeni, cast doubt on this assumption. He said the map showed his client was in Khayelitsha on the morning after the murder, which was not true.

“At that particular time, at 10.03am on November 14, 2010, Xolile Mngeni was at the Waterfront,” the lawyer said.

The witness was allowed to leave the stand, and the State closed its case. - Sapa

The alleged killer of tourist Anni Dewani will testify in his defence.

Cape Town - The alleged killer of tourist Anni Dewani will testify in his defence, the Western Cape High Court heard on Wednesday.

Speaking after the State had wrapped up its case, lawyer Qalisile Dayimani said his client Xolile Mngeni, 25, would take the stand as well as a doctor and a third witness, who was not identified.

Dayimani said the doctor would provide “clinical notes on the injury sustained by Mngeni during 2009”.

The court previously heard Mngeni suffered an injury to his left hand and was hospitalised for a lengthy period.

The lawyer argued at the time that without the full use of his hand, it would have been impossible for Mngeni to fire a gun.

Mngeni has pleaded not guilty to robbing, kidnapping and murdering Dewani in Gugulethu on November 13, 2010, while she was on honeymoon with her husband Shrien.

Judge Robert Henney asked the State if it had any objections to the witnesses.

“The first thing I'd like to see is who is the doctor, and what are his qualifications,” Deputy Director of Public Prosecutions Adrian Mopp replied.

The trial was postponed until Monday to allow the defence time to prepare its case. It was not clear who would testify first. - Sapa

Surfing instructor evicted from a city-owned property at Muizenberg after allegedly contravening regulations

Surfing instructor Cass Collier was evicted from a city-owned property at Muizenberg yesterday after contravening regulations, said mayco member for community services Tandeka Gqada.

She said Collier, who had been running a surfing academy for profit at Surfer’s Corner, was removed from its building because he had failed to provide details on his surfing school’s non-profit outreach operations.

Surfers, mostly children who took lessons from the former surfing world champion’s surfing academy, were turned away by a notice at the door.

Yesterday a group of metro police, accompanied by members of the South African Police Service, evicted Collier from the property which houses his school on the beachfront next to change-rooms.

Surfboards and wetsuits were tossed outside while occupants were forcibly removed.

Collier said he did not know why he was ejected from the building.

Gqada said according to an agreement between Collier and the city’s sport, recreation and amenities department he was to submit reports on his outreach programme.

After failing to submit the reports he was served with a notice to vacate the property by November 25 last year.

“He has unfortunately not complied with the conditions since he began operating. This city facility is therefore currently being used for commercial purposes,” Gqada said.

Collier, a former world surfing champion, said he would go to the Simon’s Town Civic Centre to protest the decision to shut the school down. He would also launch a petition to get support from people to have his school reopened.

He said city officials had allowed him to use the building for his classes from 2009.

Since then, he said, he had been using the building for a community outreach programme to teach children surfing.

“We have maintained the proper condition of this place. We have obeyed all the council’s regulations and laws. I don’t understand where all this is coming from. There is nothing illegal going on here for the council to be kicking us out.

“This is unfortunate for the people who use this place. A lot of people, especially young kids rely on this place,” Collier said.

He had received a notice from the city in September but it did not specify what he had done, he said.

Collier said he had hired five people to teach surfing and help out with surfboards and wetsuits.

He hires wetsuits and surf- boards to tourists and locals who wanted to hit the waves.

Collier came to prominence when he won the World Big Wave championship in 1999 and was also known for being part of the documentary Taking Back The Waves. The documentary was about two black surfers who struggled to get recognition in the sport at the height of apartheid.

xolani.koyana@inl.co.za

Cape Times

A 24-year-old college student has drowned during an excursion at Clifton beach.

Cape Town - A college student drowned at Clifton beach on Wednesday, the Cape Town disaster risk management centre said.

Spokesman Wilfred Solomons-Johannes said the 24-year-old man was part of a group of students from Rosebank Progress College on an excursion. The events leading up to the drowning were not clear.

Solomons-Johannes warned beach-goers to be cautious, as rough seas and strong currents made for dangerous swimming conditions. - Sapa