Three security guards who allegedly colluded with robbers and a traditional healer to rob a pension-payout point are to appear in court.

Durban - Three security guards who allegedly colluded with a gang of robbers and a traditional healer to rob a pension payout point were due to appear in court on Friday with their co-accused.

Security guards Gelaphi Ndaba and Mbhasobhi Gumbi, both 41, and Patrick Ngema, 43, were arrested on Tuesday while they were at work in Mkhuze in northern KwaZulu-Natal.

On Friday they were expected to be joined in court by a traditional healer and another suspect, arrested last month.

A sixth suspect was killed in a shoot-out with police in Gauteng last month.

The five face charges of armed robbery and carjacking, and the arrested inyanga (traditional healer) faces additional charges of possession of an unlicensed firearm and ammunition.

The arrests follow a robbery last month in the Mbazwana area, east of Sodwana Bay.

At about 7.30am on July 18, a gang of about 10 men accosted four security guards at a pension payout point in the Mbazwana area.

At gunpoint, they disarmed the guards before taking an undisclosed amount of cash.

The men hijacked a Toyota Hilux in the vicinity and used that and their Ford Courier as getaway vehicles. The two vehicles were later found abandoned in the area.

A case of armed robbery and carjacking was opened at Mbazwana police station and the case was handed to the Richards Bay Organised Crime Unit (OCU).

The unit made a breakthrough when the first suspect, Philani Madondo, 37, was arrested in Gauteng on July 31.

On August 5, OCU members arrested inyanga Mahlalezweni Joseph Tembe, 43, near Jozini.

They had received information about a local traditional healer who had allegedly harboured robbers in his house the night before the pension point hold-up.

The inyanga was allegedly found in possession of the three rifles that were taken from the guards during the robbery.

Daily News

A KZN man may face plastic surgery, skin grafts and physiotherapy after being mauled by his neighbour's pitbulls.

Durban - A Verulam man may have to undergo plastic surgery, skin grafts and physiotherapy after he was mauled by his neighbour’s pitbulls early on Wednesday morning.

Speaking from his Osindisweni Hospital bed, Rishaan Singh, 23, said he had arrived home from a friend’s house when the attack happened.

“I parked my car at the bottom of the embankment of my apartment. Both the dogs were at the top, growling.

“They suddenly ran down. There was no barking. They just attacked me.”

Singh tried to fight the dogs off for about 10 minutes, while shouting for the owners’ attention.

“I tried to fight but as I got one off the other would come back at me. I put my hands up to block them and they bit my hands. Luckily they didn’t reach my head or they would have crushed my skull. I had a pocket knife but couldn’t get it open so I punched and kicked but they wouldn’t let go.”

Even though Singh was wearing takkies, the dogs managed to bite through the shoes.

Singh’s mother and surrounding neighbours awoke to his shouts and, as they came out the apartment block, the dogs ran off down the road.

“My mother hit them with a stick and they tried to go for her but more people came out and they ran away. If the people hadn’t arrived I wouldn’t be alive today.”

Singh said the owner came out about 10 minutes after the attack but wasn’t particularly helpful.

Singh claimed the dogs were locked up for months at a time which only adds to their aggression.

“The owner did say he would try to help pay for the medical bills but we haven’t heard anything.”

Suren Balram of the Trans Natal Flying Squad was the first on the scene at the Mountview residence.

“I arrived at about 12.30am and walked up the stairs where there was just a trail of blood. The young man was bleeding profusely. He was in a state of shock and was losing consciousness.”

Balram had a first-aid kit on hand and bandaged up the open wounds on Singh’s, legs, shoulders and feet.

He said this wasn’t the first time he’d been called out because of attacks by the same dogs. Last year Balram was called out when they killed another neighbour’s dog.

He claimed they also attacked a man passing by leaving him badly injured.

Balram said the owner of the pitbulls was on the scene at the time of the attack but did not show any remorse.

“He has a male and female dog as well a number of pups upstairs in his apartment. He breeds them.”

On arrival, Balram said the dogs were nowhere to be seen, and when asked, the owner replied that they’d disappeared.

The victim was taken Osindisweni Hospital in the Buffelsdraai area where he will remain for five days.

“I visited him in hospital yesterday. The lacerations from the attack are approximately 8cm deep and up to 12 to 15cm long. Two of his fingers are not functioning and the doctors said he will have to go for plastic surgery.”

The owner of the dogs, Clement Chetty, said because a number of cars had been broken into in the area, he’d let his dogs out for protection at night. He said the dogs were “basically harmless” and this was the first person they’d attacked.

Chetty said ultimately the dogs had done what they were supposed to do, although he was sorry it had happened to his neighbour. He said he didn’t see the incident and that Balram had not attended to Singh but “just stood there, he didn’t do anything”.

“I was going to put the dogs down but I treat my dogs like my children and have decided to give them to a farm owner in Inanda.”

He said these dogs were not thoroughbred but rather pitbull/German shepherd crosses. He denied ever having bred dogs but said he had previously had a mix of other dogs which he’d since given away.

Chetty said he’d been charged with assault after a close friend and himself got into an altercation over their dogs.

“He had boerboels and tried to make them fight my dogs. He hit my dogs and I assaulted him so he pressed charges.”

He confirmed that the SPCA had been to his home, but said it was for “routine checks”.

“I’m not allowed to have more than three dogs which is why I gave the others away. Now I will have no dogs.”

Regarding Singh’s medical bills, Chetty said he was in contact with the family and they were awaiting blood tests.

lauren.anthony@inl.co.za

Daily News

A long running feud between two family members over the business interests of the late Amichand Rajbansi has been settled.

Durban - A legal spat between MF leader Shameen Thakur-Rajbansi and her stepdaughter has been settled after a draft consent order was obtained.

Thakur-Rajbansi had lodged an application in the Durban High Court asking that Vimlesh Rajbansi - the daughter of her late husband and party founder Amichand Rajbansi - hand over documents on several of his business interests.

She said they were necessary for her as executrix of his estate to determine whether the shares, in respect of five companies, belonged to Rajbansi’s estate and if so, to have them transferred into trusts.

After the draft consent order was presented to the court on Thursday, in which Vimlesh agreed to furnish the documents, Judge Trevor Gorven commented: “I’m glad sense has prevailed.”

The feuding family have been in and out of court since Rajbansi’s death in December 2011. Last year his daughters went to court to remove Thakur Rajbansi as executrix.

Durban High Court Judge Nompumelelo Radebe reserved judgment in that matter.

Rajbansi had left four wills but because he had not nominated an executor, the master of the high court had appointed Thakur-Rajbansi, as the surviving spouse.

Thakur-Rajbansi was given permission to administer the estate on condition she told the children of interim payments or distribution of assets.

In the application against Vimlesh and the auditors of the companies - chartered accountants Ramathe, Desai, Bhagat & Jeena - the MF leader asked that a securities register, a register of directors and nominee documents be handed to her.

Vimlesh is listed as a director of four of the companies but Thakur-Rajbansi said her late husband was the “actual shareholder” and owned the share capital in each of them.

She said he had however allowed his shareholding in Footwin Investments, Phoenix North Properties, Snap Shot Investments and Gahana Enterprise to be held in Vimlesh’s name as his nominee.

“(Amichand Rajbansi) directed that the shares in Phoenix North Properties be transferred to a trust to be created and that the income beneficiary of that trust would be me,” said Thakur-Rajbansi in her affidavit.

She said Rajbansi had directed that all cash assets, properties and shares in three other companies, as well as Manog Investment, be transferred to the A Rajbansi Family Trust (a separate trust) of which she was the trustee.

Manog Investment had a different nominee who did not have the requested documents, she said, adding she believed they were in the possession of the chartered accountants.

“In my capacity as the executrix of the estate of the deceased I am obliged to give effect to the terms of the last will and testament of the deceased,” she said.

Thakur-Rajbansi said Vimlesh refused to transfer the shareholding of the four companies into the respective trusts and that her attorney had written to the auditors about getting copies of the necessary documents.

In response, the auditors had said Vimlesh had “specifically requested” that the attorney not be allowed to inspect any of the companies’ records which the auditors held, she said.

According to the auditor’s e-mail to Thakur-Rajbansi’s attorney, Anesh Maharaj, Vimlesh said the shares in the companies did not belong to her father and should never be estate assets.

The companies are listed as financial intermediation and real estate businesses.

In terms of the consent order, Vimlesh has to pay Thakur-Rajbansi’s legal costs for the application.

noelene.barbeau@inl.co.za

Daily News

A man was sentenced to 22 years in prison by the Pietermaritzburg High Court for stabbing his mother to death.

Pietermaritzburg - A man was sentenced on Friday to 22 years in prison by the Pietermaritzburg High Court for stabbing his mother to death.

Thandaxolo Khumalo, from Maphumulo in Verulam in KwaZulu-Natal, admitted to killing his mother Thokozile Khumalo, 70, in July after coming home drunk.

He told the court on Wednesday he became angry when his mother scolded him for drinking and reneged on a promise to give him money.

Khumalo, 27, fetched a knife from the kitchen with which he stabbed her.

He then left his mother on the floor of her house, where she died, and fled when he realised what he had done. He tried to hide clues to his actions by burning his bloodied clothes.

According to the post mortem report she was stabbed in both lungs, her liver, face, and upper arm. She also had bruises on her face.

Khumalo's mother was a retired nurse who supported him and his child as Khumalo had never worked.

Convicted on Wednesday, Khumalo's defence said his guilty plea and the fact he was a first time offender were substantial and compelling circumstances justifying a 15-year sentence, the minimum for a first murder.

Acting judge Enthias Xolo, however, found that his acts deserved a more robust sentence.

He said the community demanded that violence against the elderly, women, and children be severely punished.

Sapa

Corruption-convicted former KZN municipal councillor Lucky Moloi was sentenced to eight years in prison.

Pietermaritzburg - Corruption-convicted former municipal councillor Lucky Moloi was sentenced by the Pietermaritzburg Regional Court on Friday to eight years in prison, five of which would be suspended.

Moloi was further sentenced to 36 months of correctional supervision, 190 hours community service and to participate in a rehabilitation programme.

Moloi is a former uMgungundhlovu district municipality councillor in KwaZulu-Natal.

Magistrate Jac Jordaan further ordered that Moloi, 48, may not abuse alcohol or non-prescription drugs.

Moloi, father to eight children from two wives, was originally charged with former Msunduzi deputy mayor Alpha Shelembe and his wife Joyful who were both acquitted on May 28.

Shelembe's sister Nelisiwe and a former bodyguard were also acquitted of the charges of corruption.

It is alleged Moloi colluded with two others to buy a building in central Pietermaritzburg. Moloi and Shelembe allegedly shared a R1 million commission, of which Moloi received R200,000. Three of his vehicles were forfeited to the State on Thursday.

Jordaan said corruption must be stamped out and people removed from where they could commit crime.

Sapa

The thought of a state enterprise running the national lottery was one of the major sticking points in the public hearings.

The thought of a state enterprise running the national lottery was one of the major sticking points in the public hearings on the Lotteries Amendment Bill in Parliament this week.

The National House of Traditional Leaders and two youth organisations, the Southern African Youth Movement (SAYM) and the SA Youth Council (SAYC), made their submissions on the proposed amendments to Parliament’s portfolio committee on trade and industry.

And while the House of Traditional Leaders said it supported the amendments, and was “ready to work in partnership with the National Lotteries Board”, it raised concerns regarding the clause that gives the Trade and Industry Ministry power to authorise an organ of state to run the lottery for eight years if there were “justifiable grounds” for not appointing an independent company.

Kgosi Themba Mavundla, presenting on behalf of the House of Traditional Leaders, suggested that a caretaker company should rather be appointed, to avoid direct state involvement.

However, ANC committee member Bheki Radebe defended organs of the state, saying that some, such as the National Treasury, were among the “best in the world”.

He added that to appoint a private caretaker company would involve tender processes, which would be too lengthy, resulting in a similar situation to the one where the lottery was suspended for months in 2007, after the awarding of the licence to operator Gidani was questioned.

Sello Pietersen, presenting on behalf of the SAYM, also raised concerns that “the role of the state must be the creation of a conducive environment for private business to flourish, and by the state contesting the private sector space, it undermines that very principle”.

The SAYC, meanwhile, submitted that the National Lotteries Board (which it advocates be called the National Lotteries Commission) be enabled to run the lottery in case of a delay in awarding the licence, and that the act should rather allow the minister to appoint a caretaker company for a period of no more than 30 months.

Both youth organisations also favoured a longer licence period for the private operator.

Pietersen said the seven-year period was “too short”, and did not make business sense.

They suggested a 10-year licence, allowing operators to invest more, knowing that their investment was a long-term one.

In other countries, he said, the lottery licence was routinely between 15 to 20 years.

Other issues raised during the hearings were over young people and projects in rural areas gaining access to lottery funding.

The National House of Traditional Leaders said it had previously had no engagement with the Lotteries Board, but had since signed a memorandum of understanding. Mavundla said that would allow the body to be in a position to recommend people who were “responsible” and “eager to serve the needs of their community” for funding.

The DA’s Giordin Hill-Lewis countered that there was already a process in place to ensure that applicants were responsible, and that a different process was not necessary for those living in areas “that fall under traditional leaders”.

Mavundla argued that the process would take place before application, and was one of “identification, not adjudication”.

The ANC’s Xitlhangoma Mabasa also questioned whether that approach would raise the risk of bribes. - Independent On Saturday

Hilton College will be reviewing its future excursions after double tragedy struck the prestigious boys’ school.

Hilton College will be reviewing its future excursions after double tragedy struck the prestigious boys’ school this week.

The school’s annual Outward Bound trip came to an abrupt halt on Friday after one of the pupils died and another suffered serious injuries, forcing doctors to amputate his arm.

The group of 10 boys and two adults were hiking in the Drakensberg as part of the leadership excursion when tragedy struck.

The excursion was cut short yesterday when Chris Loxton died after he suffered multiple seizures on Thursday afternoon. He was taken to hospital but died early on Friday morning.

School principal Peter Ducasse said a decision was taken to evacuate the Grade 9 pupil from the mountains after receiving specialist medical advice.

An ambulance was sent from Underberg to collect Chris to take him to a hospital in Pietermaritzburg.

“He was accompanied in the ambulance by two paramedics. During the ambulance transfer, Chris suffered repeated seizures and his condition deteriorated to such an extent that the medical team was unable to save him,” said Ducasse.

Earlier in the week Grade 9 pupil Xilombe Tlakula suffered serious injuries when a boulder fell on him in the Cathedral Peak area.

It was during the group’s second day of hiking.

It took rescuers more than four hours to reach the 14-year-old pupil who had to have his right arm amputated below the elbow.

He is recovering at Albert Luthuli hospital.

The school’s director of marketing, Paul Guthrie, said Tlakula was in a stable condition when he visited him. “He’s recovering,” he said.

The group of boys and teachers returned to school on Friday.

“Yes, indeed,” said Guthrie when asked if the school would review its future excursion of such a nature.

As far as the school knew, Loxton had no previous medical conditions, adding that the school would hold a memorial service for him.

The school, said Ducasse, was “completely” stunned by the two tragic events in as many days.

“It is in this darkest hour that I call upon the entire Hilton College family to pull together to love, support and comfort the Loxton family,” he said.

“His untimely death has left us all absolutely shocked and devastated.”

Ducasse described Loxton as a happy and well-integrated pupil. “We offer up our heartfelt condolences to Chris’s parents, Stuart and Debbie, and to his brother Nicholas, on their tragic loss.

“Words which adequately describe our sense of loss escape me, but I know that you will all join me in holding them up in prayer at this time.”

The school has arranged for immediate counselling for the boys and staff. - Independent on Saturday

“She can rot in hell for all I care.”

“She can rot in hell for all I care.”

These were the words yesterday of Vernon Norton, grandfather of murdered baby Jordan, responding to an explosive confession by Dina Rodrigues, behind bars for the killing.

The confession, in which Rodrigues said she planned the murder because she believed the child was an obstacle to her happiness with the father, Neil Wilson, formed part of an affidavit filed at the Supreme Court of Appeal in support of an application she lodged for special leave to appeal her life sentence.

The application was dismissed last month, but the contents of the affidavit offer the first insight into what was going on in Rodrigues’s mind when she recruited the hitmen to carry out the June 2005 murder.

Speaking to the Sunday Tribune in reaction to the application, grandfather Norton said Rodrigues had already done the damage to his family and was now trying to escape the consequences.

“Every day we live with the reality that a very new life was taken away by a selfish woman for her own self-indulgence. I’m not interested in what Dina has to say. The focus for me is on me and my family. She can rot in hell for all I care,” he said.

The Norton family attended each day of the trial, which took place before Judge Basheer Waglay in 2006 and 2007, listening carefully to every piece of evidence presented. But throughout, not a shred of information was produced to explain what drove Rodrigues to plan the infant’s murder.

Now, eight years later, Rodrigues has blamed the tragedy on her immaturity and her obsession with what she regarded as an obstacle to her happiness with Wilson.

She is currently serving her sentence in Worcester.

Explaining why she wasn’t frank with the trial court, Rodrigues claimed that she had been prepared to testify, but after consulting with her legal representative, consensus was reached that she should not.

She claimed her lawyers were unaware of the extent of the emotional turmoil she had been going through before the murder, because she did not confide in them as much as she should have.

In addition, she did not provide Judge Waglay with a pre-sentencing report because she feared she would then have to make the truth known.

“I placed no evidence at all before the trial court so that, when sentence was passed, the learned judge had virtually nothing before him which emanated from or concerned me… Although I am as much to blame as anyone for the consequences of my self-imposed silence, I am of the belief that the failure to explain the consequences of not taking the court into my confidence during sentencing contributed towards the sentence of life imprisonment imposed on me,” she added.

She had now had a change of heart because, she said, she had matured, received counselling in prison, and understood the enormity of the crime she committed – and the consequences for those she hired.

According to Rodrigues, she lived a sheltered lifestyle, had little experience of life and little experience with men.

She believed she was destined to marry Wilson, and her dreams of doing so were shattered when she heard of the existence of Wilson's child.

“I immaturely came to the conclusion that the birth of the child had condemned me to a life of continuing emotional turmoil and unhappiness.

“Looking back now, with the wisdom of hindsight and with the advantage of more experience of life, I realise that I was simply experiencing the unsophisticated emotions of an immature and inexperienced woman, adult in body but not in mind.”

She started plotting the murder, going to a taxi rank to hire a killer. There she met her co-accused, Sipho Mfazwe. Mfazwe recruited the other three accused – Mongezi Bobotyane, Zanethemba Gwada and Bonginkosi Sigenu.

Baby Jordan was killed on June 15, 2005.

Rodrigues contended that she should be sentenced afresh because “I did not receive the legal assistance and advice which a person in my position should have received”.

“I respectfully submit that the Honourable Supreme Court of Appeal is consequently entitled to intervene in the matter, should intervene, should set aside the sentence that was imposed, and should order that sentence be passed afresh by a judicial officer who has been informed of all the relevant facts,” she argued.

The application was dismissed last month. - The Sunday Tribune.

Chilling new details of how a Durban reveller died after being shot execution-style have emerged.

Chilling new details of how a Durban reveller died after being shot execution-style have emerged.

The Sunday Tribune can today reveal that Durban’s Craigh Botha was shot, allegedly by rogue bouncer Hector Britts, as he struggled with two other doormen who held him by his arms and who were trying to remove him from a popular nightclub.

The shock revelation has been made by Botha’s ex-wife, who was present at the incident at the Rocca Bar nightclub in Umgeni Road, Durban, on the night of August 3.

This version has been independently confirmed by several sources.

Botha’s ex-wife, Cindy, told the Sunday Tribune that, as Botha flailed, Britts pulled out his .45-calibre handgun and fired a single bullet into his stomach, which caused massive damage to his liver, gall bladder and part of his colon, which had to be removed.

Botha died of multiple organ failure last week. His funeral was held yesterday.

Botha and Cindy divorced in December, but were in the process of reconciling, were still close, and had gone out with friends for the night.

“We were arguing, but it was not a heated discussion. Craigh didn’t touch me – he has never put a hand on me. While talking, he was approached by the club owner and bodyguards to leave. He was co-operating. I don’t know what happened exactly, because it all happened so quickly, but within a few seconds of him (being) escorted (out) of the VIP area, I heard a gunshot.”

She said that, while Botha threw a punch, he couldn’t defend himself against Britts, as two bouncers held him as they tried to stop the fight.

“The two bouncers were trying to control the situation when Britts just pulled out his gun and shot him,” she said.

“I don’t know why Britts shot him, because Craigh even stuck his hand out to apologise.”

According to a witness, whose name is known to the Sunday Tribune, Britts had been in the VIP area, where a private function was being held for some mixed-martial arts (MMA) fighters.

“He was asked to work the VIP room where other MMA fighters, Donavin “Bam Bamz” Hawkey and Wesley “The Young Assassin” Hawkey, were having a birthday party,” the witness said.

“There was a heated argument with another bouncer who was working there, and Craigh was going to be escorted off the premises when Hector stepped in and provoked the situation by getting in Craig’s face, shouting and swearing,” he added.

“Craigh punched Hector twice in the stomach and Hector grabbed Craigh and they both fell on to the couch and, as Craig was getting up, that’s when Hector shot him.

“Hector then walked off and a young woman went after him and he showed her the gun and she ran out the club.

“He gave his firearm to another bouncer who works at Rocca Bar,” the witness said.

Donavin Hawkey said: “I had been downstairs, but when I went back to the VIP room, a girl who had witnessed everything told me what had happened,” he said.

“Craigh had been speaking to Tyrone Lundy (Rocca Bar’s owner) and had been asked to leave.

“Tyrone called Hector over and, while he was being escorted out, Craigh hit Hector and knocked him to the ground.

“While he scuffled with two other bouncers, the shot went off,” he said.

Britts, an MMA fighter known as “The Enforcer”, is no stranger to controversy.

In a house robbery on the Bluff in 2008, he doused a family in petrol and threatened to set them alight.

Private Security Industry Regulatory Authority spokeswoman Siziwe Zuma confirmed that Britts, a firefighter moonlighting as club security, had applied to be registered as a security officer, but had been turned down in 2009 because of four pending criminal cases.

Investigating officer, Warrant Officer Shain Naidoo, citing internal police protocol, would not be drawn on the circumstances leading up to the shooting.

However, a police source close to the investigation, who could not be named, said that other bouncers at the club had not been charged.

“We have lined up six witnesses who were at the club, and their statements are being obtained.

“At this point, it does not look like we will be charging anyone else,” he said.

The source added that CCTV footage from inside the club would not aid the investigation.

“There are cameras inside the club, but they will not be helpful, because they are focused on the tillpoints and nothing else.”

The officer confirmed a .45-calibre handgun was recovered and would be sent for ballistics testing.

“The case will rely heavily on witness statements.”

Cindy broke down as she spoke of how, just metres away from where she was standing, Botha was shot.

She said the family had been called to the hospital to say their last goodbyes to Botha early last Sunday.

“The room was filled with his family. I stood on the left of him and bent down to whisper in his ear how much Kira (our daughter) and I loved him.

“I thanked him for being the love of my life, and for everything he had done for me and his daughter.

“Although he couldn’t speak because he was under sedation, his eyes teared up. I wiped away his tears and knew it was a sign that he had heard me. He was trying to tell me in the only way he could that it was going to be okay,” she said.

“Craigh was a gentle giant – everyone loved him. He wasn’t a fighter – he was a peacemaker. His death is senseless. So what if he threw one punch? It didn’t give Britts the right to shoot him,” she said.

She said she was afraid for their safety.

Botha’s brother, Andrew, said his family would only have closure once Britts was in jail.

They had hired two private investigators, including Brad Nathanson.

“The only way we as a family can forgive him and move forward is if he is man enough to admit what he did and is genuinely remorseful. We don’t want to hate him,” he said.

Botha’s sister, Lindy Beyers, questioned why Britts was allowed to have a firearm in the club.

Repeated attempts to contact Lundy were unsuccessful.

Britts is due to appear in court on Wednesday. - Sunday Times

Convicted drug dealer Panganathan “Timmie” Marimuthu and his family are still on the police payroll.

Convicted drug dealer Panganathan “Timmie” Marimuthu and his family are still on the police payroll, with the potential to earn more than R150 000 a month in salaries – almost two years since their dubious appointment as crime intelligence “agents” was uncovered.

The influential Durban family, who own a string of businesses, were appointed by embattled crime intelligence chief financial officer Solly Lazarus, who faces fraud and theft charges in connection with the looting of a R250 million secret fund.

A Sunday Tribune investigation has revealed that Marimuthu’s wife Neermala Moodley, daughter Shantal Redhi, and son-in-law Dennis Redhi, are still on the police payroll as high-ranking officers, drawing salaries every month.

Moodley holds the rank of colonel.

Her daughter is a captain and her son-in-law is a lieutenant-colonel. Marimuthu’s rank could not be verified at the time of going to press.

The salary for a captain is about R240 000 a year, while a colonel receives R480 000.

Two independent sources with access to the police administration system confirmed that the four appeared on the database, which contains the names, ranks and employment histories of all police officers in active service.

The Marimuthu family were first exposed as planted crime intelligence “agents” late in 2011, when a Hawks probe uncovered their dubious appointments and the pillaging of a secret slush fund.

The inquiry into the R250m fund, meant to finance covert operations, brought down now-suspended crime intelligence head Richard Mdluli and Lazarus over abuse of the fund to buy cars and property, and pay debts.

At one point, the fund was used to bankroll building a wall at Police Minister Nathi Mthethwa’s home.

Lazarus and crime intelligence’s Colonel Hein Barnard initially faced fraud charges involving R1.1m.

This has since been reduced by the National Prosecuting Authority to R370 000.

They are expected to appear in the Pretoria Magistrate’s Court this month.

In April last year, Media24 reported Marimuthu was paid more than R300 000 a month by the fund – a R50 000 salary and the balance in rent for six properties let as safe houses.

A police source, who could not be named, confirmed that undercover agents had been forced to “surface” when it was found that the secret fund had been raided.

“The Marimuthu family, who have no police training, are on the payroll. Their appointment to the ranks of colonel and captain without a day of experience or training is clear abuse,” the source said.

The controversial uMhlanga businessman was in the spotlight again for his role in ousting former taxi boss Oupa Magashula in the jobs-for-pals scandal.

A recording of Magashula offering a R700 000 job to a friend of Marimuthu surfaced in the media and prompted Finance Minister Pravin Gordhan to launch a commission of inquiry into his conduct as head of the SA Revenue Service.

When the probe established that Magashula had lied to a fact-finding commission, he resigned.

His relationship with Marimuthu, and the extent to which he disclosed its scope to the commission, is understood to have sealed his fate.

Marimuthu’s link as an ally of disgraced police commisioner Bheki Cele has also been brought to the fore, with the two spinning different stories about the extent of their “friendship”.

Another police source, who would not be named, said Marimuthu was no longer in the employ of the police, but that his family members had stayed on in the crime intelligence unit as agents.

National police spokespersons could not be reached for comment.

KZN Police Commissioner Mmamonnye Ngobeni rebuffed the Sunday Tribune when she was quizzed on her knowledge of the Marimuthu family’s controversial postings.

“I have no jurisdiction over the Crime Intelligence Unit and the Hawks,” she said.

Marimuthu refused to comment on allegations that his family still benefited from police salaries. - Sunday Tribune

A warrant of arrest has again been issued for a Durban driver who allegedly caused a crash that left two people dead.

Durban - A warrant of arrest has again been issued for a Durban driver who allegedly caused a crash that claimed the lives of a young mother and her infant daughter in a hit and run.

The warrant was issued by magistrate Vanitha Army after Kerwin Malgas, 28, failed to appear in the Durban Magistrate’s Court on Friday. Malgas is charged in connection with an Easter weekend crash in Merebank this year.

The Dawood family were going home after a day spent with relatives when Malgas allegedly crashed into their car.

Salahia Dawood, 30, and her nine-month-old daughter, Maseehah, who were sitting in the back seat, were killed.

Malgas faces two counts of culpable homicide and further charges of negligent driving, driving an unregistered car, and failing to stop at the scene of an accident and assist the injured.

It also emerged during his previous court appearance that he did not have a driving licence, and that charge would be added to the charge sheet.

On Friday, Malgas’s lawyer, Shameer Goolabjith, produced a “sick note” and told the court his client would be available at the next date.

Prosecutor Blackie Swart said the court should not accept the sick note, as it stated only that Malgas had an “acute stress disorder” and needed counselling, and not that he was unfit to attend court.

Swart said he had information from the investigating officer that Malgas was not in court because he had relocated to Cape Town.

“The investigating officer has been looking for him to serve him with a subpoena, as the State would like to question him.

“However, he has moved from the address that he has been staying at and has apparently gone to Cape Town.”

Swart added that the sick note was also questionable, since it stated that the doctor had seen Malgas in Durban last Thursday, when police believed he was then in Cape Town.

“The accused is playing games with the court.”

The case was adjourned to August 29.

The Mercury

A convicted murderer will now have access to his laptop and modem in his cell so he can complete his law degree.

Durban - A convicted murderer serving his sentence in Westville Prison has won his high court bid to have access to his laptop, printer and modem so he can complete his law degree.

Xolani Dlamini, a fourth-year law student at Unisa, brought an urgent application in the Durban High Court last month against the minister and national commissioner of correctional services.

In his court papers, Dlamini said in March he had applied to the department to be allowed to bring his laptop and a printer into the prison and also requested access to the internet for study purposes.

But his application, which had been recommended by the head of education at the prison’s Medium B section, had not been approved or attended to.

Dlamini, who was sentenced to life imprisonment in 2001, said the case was urgent because he had already received his study material, but could not study because he did not have the correct facilities.

“I am falling behind in my studies every day. The respondents (Correctional Services) are violating my right to education as I cannot study without the materials.”

Dlamini also asked for set opening and closing times for the prison library and for it to be open at weekends.

The Correctional Services Department had initially opposed the application, but an order was taken by consent last week to allow Dlamini access to the facilities.

According to the order, Dlamini has access to his laptop, modem, printer and memory stick, but the items must be used strictly for study.

His access to the facilities will be monitored and Correctional Services can cancel the approval if Dlamini breaks any of the court order’s conditions.

Commenting on why Dlamini was allowed the facilities, the department said Correctional Services Minister Sibusiso Ndebele had said prisons should be centres of learning.

“The department is providing an enabling environment for inmates to study.”

In Dlamini’s case he had approached the court before “exhausting all internal processes” to get the equipment and obtain permission.

The department said there was a policy framework, which provided guidelines for prisoners to be granted access to study tools including computers and internet access.

Prisoners were allowed internet access under the following conditions:

Proof from the institution with which a student was registered that access to the internet and computer was integral to his/her studies.

If permission had been sought and granted by the head of a correctional centre for a student to have access, such access would be under controlled conditions.

A dedicated computer room must be identified in which the computer/s would be placed for access by students under the supervision of a dedicated educator or official.

A student must supply the educator or official with the addresses of websites that needed to be accessed so the educator could download the necessary information.

If an offender wanted to use a personal computer, it must be inspected to ensure the software installed would not jeopardise the department’s security and could not be used in his cell.

Use of a personal modem to access the internet was only to be allowed if IT personnel had blocked all websites that might pose security risks to the department and the internet user could only access sites relevant to his/her studies.

The Mercury

A businessman who allegedly bribed a Durban prosecutor to make an assault case go away has been arrested.

Durban - An Umhlanga businessman who allegedly bribed a Durban prosecutor to make an assault case go away has been arrested for corruption and for defeating the ends of justice.

Allegations made against Mahendran Govender, 34, of Umhlanga Rocks, in the Durban Magistrate’s Court on Friday sounded like the plot of a gangster movie, as it is alleged he “bought a docket” from police for R10 000 and attempted to carry out a “drive-by-like shooting” outside the home of the main State witness in the corruption case.

Govender, who owns an Umdloti supermarket and transport company, was granted bail of R5 000 on Friday as magistrate Vanitha Armu ruled that the State was merely speculating he would interfere with witnesses.

His arrest comes after prosecutor Phumzile Msimango was arrested two weeks ago for corruption. The State alleges Msimango demanded R5 000 from Govender to help him “sort out” a case against him.

This is the second charge against Msimango; in a separate case, she is charged with soliciting a R1 000 bribe from an advocate representing a suspect facing assault and fraud charges.

The money was allegedly in exchange for not taking the accused’s fingerprints after his conviction, so he would not have a criminal record.

Prosecutor Yuben Achary, who opposed Govender being released on bail, said according to a section 204 (accomplice) witness, Vinesh Haripersad, a deal was struck between Msimango and Govender.

Haripersad told police that he handed over a portion of the bribe to a court clerk to give to Msimango.

Achary explained that despite paying the bribe, Govender was convicted on the assault charge because he only paid “a portion” of it and he did not listen to Msimango’s instructions.

“The deal was for Msimango not to oppose the defence’s application for an acquittal. However, the magistrate still ruled against the defence. Msimango apparently then told Govender not to testify in the case, but he did and was then convicted.”

Achary said the charge related to defeating the ends of justice was linked to an allegation that Haripersad testified for the defence during the assault trial, but had not been present during the altercation.

“Further charges may be added, as it is alleged that Govender also bought the assault docket from police for R10 000. The investigating officer had to reconstruct it before the trial.”

Govender was also charged with the attempted murder of Haripersad and is currently out on bail of R500 in that case.

Govender’s attorney, Ridwaan Sayed, rubbished the charges against Govender and claimed the State was relying solely on Haripersad’s evidence. “The common thread in all these cases is Haripersad. It is known that Haripersad and Govender were friends but they had a fallout after both men sent messages to each other’s wives, and there were problems over money.”

Sayed claimed that an Isipingo detective, Captain Inderan Govender, had a vendetta against Govender and was using Haripersad to “get at him”.

kamini.padayachee@inl.co.za

The Mercury

A total of 19 people were injured when two taxis and another vehicle collided in Isipingo, KZN paramedics said.

Johannesburg - A total of 19 people were injured when two taxis and another vehicle collided in Isipingo on Monday, said KwaZulu-Natal paramedics.

The accident occurred on Old Main Road and Sonders Avenue, said Netcare 911 spokesman Chris Botha.

One of the taxis veered off the road and stopped on a railway line, Botha said.

All the people were treated on scene and then transported to various hospitals for further treatment.

The road was temporarily obstructed by bystanders and emergency officials, but the scene would be cleared shortly, said Botha.

Sapa

A motorist allegedly drove a stolen Mini Cooper car against traffic on the N2 in Durban to evade arrest.

Durban - A motorist who allegedly drove a stolen Mini Cooper car against the traffic flow on the N2 to evade arrest, was eventually arrested by a determined policeman.

What began as an ordinary call on the police radio on Friday concerning two motor vehicles, turned into a movie-style car chase for two Mayville policemen.

Constable Mohammed Rasool was in the police station when the call came over the radio that a Toyota Fortuner and the Mini, with suspicious-looking men inside, were parked on Harbottle Road, Overport.

Rasool and his partner, Constable Andrew Mayisela, responded in an SAPS-marked Polo Vivo. They spotted the vehicles near the bridge on Felix Dlamini (Brickfield) Road. Rasool said the vehicles had joined the N3 west-bound at a high speed.

He had lost track of the Fortuner but pursued the Mini, which had joined the N2 south-bound freeway at an estimated speed of 220km/h. Rasool managed to pass the car at Kenyon Howden Bridge and then signalled to the driver to stop.

Rasool passed him and began slowing down in an attempt to stop the Mini.

The driver, however, made a 180º-turn using his handbrake and allegedly began driving on the fast lane - against the flow of traffic.

Rasool said he turned and chased.

“They had no concern for the safety of others. Now and then they veered on to the centre median to avoid oncoming cars,” he said.

“Motorists opened the way for them to avoid a head-on collision.”

“The Cooper crossed over three lanes and went down the on-ramp towards the M7.”

He described it as an unbelievable chase.

“I have never experienced this in six years of policing. I was determined to catch them at all odds,” Rasool said.

The chase continued up the M7 and into Malvern.

The men then drove into the Malvern Shopping Centre underground parking.

Metro police had arrived and arrested one suspect, while Rasool and Mayisela arrested the other.

Police said the suspects had a bag containing car break-in tools, including a bolt cutter, and electronic overriding boxes.

The Mini was reported stolen at the Durban North police station earlier this month.

The Fortuner was found an hour later abandoned on the roadside in uMlazi, where the suspects reside.

The man and his accomplice were expected to appear in the Durban Magistrate’s Court today on charges of being in possession of stolen property and car break-in implements.

Daily News

Durban’s biking fraternity is mourning the death of avid biker, Craig Porter, who died after a collision with a diesel tanker.

Durban - Durban’s biking fraternity is mourning the death of avid biker Craig Porter, who died on Sunday in a collision with a diesel tanker.

Porter, 46, of Yellowwood Park, who was divisional logistics director at G.U.D. Holdings in Prospection, was heading towards Pinetown to meet with a group of fellow motorbike enthusiasts when tragedy struck.

The truck he hit was across both lanes of the M7 in Queensburgh, with the cab sitting in a tarred section which links across the centre median to the other side of the M7.

Manie da Silva, his brother-in-law, said Porter had been riding in the right lane at the time, and that skid marks on the road suggested that he braked from a distance, but could not avoid slamming into the side of the truck.

The front wheel of the bike hit the tank and the family believes Porter’s head struck the metal trailer, killing him instantly. Da Silva said Porter’s helmet was still intact. He had been appropriately attired with riding gear, he said.

The M7 was closed between the Belville Bridge and the N2 interchange so that authorities could clean up the diesel spill.

Da Silva said he last saw Porter on Saturday night.

Porter’s long-time girlfriend, Ana Barbosa, said his employer had called her to tell her of the crash. They had found a card with his work details in his pocket.

“We are renovating the interior of our home, so I was with him on Sunday morning trying to settle on which bathroom accessories we should buy. I was totally against him going on a motorbike,” she said. “I guess he died on what he loved. I am proud of him and his achievements.”

Porter had two Aprilia bikes and a Harley Davidson. He had won prizes for his bike because of the paint work and maintenance.

Street Kingz Motorcycle Club vice-president, Gafoor Khan, said he had worked and ridden alongside Porter.

He said the local biking fraternity was devastated to hear of his death. Khan described him as an excellent, experienced and safe motorcyclist. Porter was also keen on mountain biking, and had six dogs.

His daughter Roxanne said that whenever she made him a jam sandwich when he returned from work, he would give his dog Maya a small slice.

The family have yet to announce a funeral date.

Daily News

Alison Botha, whose horror story helped break the silence about rape, believes self-defence should be taught at school.

Durban - The woman whose horror story shocked the nation and helped break the silence about rape, believes self-defence should be taught at school.

Girls should also be taught about self-empowerment and how to read situations, while boys should be taught the impact that rape has on girls.

“No means ‘no’, and girls should be able to say that,” said Alison Botha, who was giving a Women’s Day breakfast presentation to Pricewaterhouse Coopers (PwC) guests at the Oyster Box Hotel, uMhlanga Rocks, on Friday.

Botha, who was raped, stabbed 35 times in the stomach and 16 times in the neck and who was left for dead by her two attackers, feels that the police should have a dedicated victim liaison officer who will prepare rape victims for their subsequent court appearances by taking them to the court and showing them the room’s layout, including the witness box.

And while the government should do more to curb crime, people should also take responsibility for their own safety.

She told how she was a victim waiting for something to happen. She was completely unaware of what could happen and never looked around. She had parked her car outside her house with the door unlocked.

Suddenly, the door opened and a man with a knife got in and told her to move over or he would kill her.

Although it was 19 years ago that Botha was attacked by Theuns Kruger and Frans du Toit - they got life sentences - the horror of what she endured still brings people to tears.

Botha has written two books, received countless awards for courage and has travelled the world giving presentations, even giving motivational speeches to some survi-vors of the September 2001 terrorist attacks in New York.

Her talk is about handling situations thrown at people: how they are not always going to be in control of what happens - but are always in control of how they respond.

Sharing her story has been her own therapy, she says. Botha survived because she played dead and because she was worth it, she said.

She reacted by staying calm.

She was taken to a bush area outside Port Elizabeth and she told the audience how she tried to remove herself from her body while they were raping her. “They never had power over my mind and who I was.”

Her attackers first strangled her, cut open her stomach and slit her throat from ear to ear.

But having first crushed her windpipe when they strangled her, their stab wounds cut through the windpipe, opening up her airways.

She crawled through the bush into the road, where passing student Tiaan Eilerd tucked her cut thyroid inside her body and called for help.

Inspired by the incident, Eilerd became a medical doctor 10 years later - and was the assisting doctor when Botha gave birth to her second son.

Daily News

The battle to oust Zwelinzima Vavi has claimed fresh casualties, with the eThekwini North leadership of Sadtu being disbanded.

Durban - The battle to oust Cosatu general secretary Zwelinzima Vavi has claimed fresh casualties, with the eThekwini North leadership of the SA Democratic Teachers Union (Sadtu) being disbanded, seemingly without warning.

A court battle now looms, with eight former Sadtu office-bearers seeking a court order barring the would-be leadership from interfering in the branch or calling any further meetings.

The move coincided with the suspension of Sadtu’s Eastern Cape president, Thobile Ntola - also a strong Vavi ally.

Ntola was suspended last week Tuesday by Sadtu for allowing Vavi to address the union’s gathering in the Eastern Cape.

Vavi was suspended on Thursday for bringing the union into disrepute for having sex with a junior Cosatu employee at the organisation’s headquarters.

The eight said they had been stripped of their leadership positions without warning earlier this month. They claim they had been labelled “Vavi’s project” for questioning the process of electing their replacements and the alleged “flouting” of the union’s constitution by the provincial leadership.

“Sadtu (provincial) leadership has a foreign tendency. If you stand out for what you believe in, they label you. They say we are Vavi’s project. Some members of the province say we are a project of Vavi, Irvin Jim (National Union of Metalworkers of SA general secretary) and Ntola. That means we are anti-Zuma,” said Mzamo Manzi, a Sadtu member in the eThekwini North region.

Axed branch secretary Dumsani Gumbi said that there was “smear campaign” against them for speaking out against the “unconstitutional activities” in the union.

“We are accused of allying ourselves with certain people. They are creating enemies for us once they say we are anti-Zuma,” he said.

Gumbi said they were still awaiting a response from Sadtu’s provincial leadership over the various claims.

“We need an independent body to hear our side of the story. We cannot be axed because of rumours that we are allied with Ntola.”

KZN Sadtu general secretary Mbuyiseni Mathonsi told the Daily News last week that any Vavi ally in the union would be suspended.

“We suspended the president (Ntola). We suspend hooligans or people if they say they are a Vavi project,” he said.

Mathonsi would not comment on allegations of violation of the union’s constitution by the provincial structures.

Manzi said some of the branches had a problem with the provincial leadership.

“We strongly feel that this branch of Sadtu is not being run by the constitution. It is (now) run by ignorant people who want to serve their own interests,” Manzi said.

Gumbi said they were not informed about the decision to disband them.

He said the decision to disband them was an “illegitimate motion” raised by the new chairman in the eThekwini North region, Simphiwe Mpungose, at a meeting they were not informed about.

“There are no legitimate reasons (for our disbandment). Even that decision was never communicated with us.

“There were no investigations, written formalities or a letter to say that we are no longer leaders in the region. They didn’t tell us because they know it was illegitimate. They just want office politics to be national,” said Gumbi.

Gumbi said his interests were not with Vavi or Jacob Zuma. He joined Sadtu as a teacher who wanted his rights to be protected by the union.

Manzi called for national intervention.

“The national leadership must come down and address this issue. We are going to fight for justice,” said Manzi.

Police and private security escorted the new leadership of the eThekwini North region from its inaugural meeting on Tuesday in the face of an angry protest by the axed leadership and their supporters.

The interim court order, granted last week, has interdicted and restrained Mpungose, Sesi Cindi and Mthokozisi Mpunzana from convening any further meeting of the branch.

It has also interdicted and restrained them from interfering with the eight who brought the application in exercising their duties as office-bearers.

The court has given the trio until Tuesday to respond.

siyabulela.dzanibe@inl.co.za

Daily News

A former student who was a “political fanatic”, serving a life sentence for killing two people, told a court he was not a high risk.

Durban - A former student who was a “political fanatic”, serving a life sentence for killing two people, has told a court that he was not a high risk and that his anger was under control.

Nqobile Zondi, who has served 16 years of his sentence at Westville Prison - short of the 20 years required to be eligible for parole - has taken the Department of Correctional Services to court after it turned down his parole application.

Advocate Thandi Norman, acting for the department, argued in the Durban High Court on Friday that Zondi should not be released as he was aggressive and needed anger management.

Zondi had been sentenced to life imprisonment on October 24, 199, for two counts of murder and one attempted murder.

At the time of the murders Zondi was a law student at the University of Zululand and a member of the IFP student movement, SADESMO.

Zondi said that he had been tasked with attaining weapons and money for the movement.

In court papers, Correctional Services Minister Sbu Ndebele said there was no indication that Zondi had cut all ties with the IFP or whether an enquiry or investigation had been done to assess the number of weapons he possessed prior to incarceration or those that he might have access to. Ndebele said a psychologist had recommended that Zondi continue in a programme for aggressive offenders and should not have access to weapons.

“According to the reports, he was a bodyguard from an early age,” Ndebele said in his affidavit.

He said all the offences committed by Zondi involved the use of firearms.

“It is not a secret that many people die in this country because of intentional and reckless use of firearms.”

Ndebele said it was for this and other reasons that he decided not to grant parole.

He said the parole board had failed to deal with steps to ensure that Zondi was integrated with his family and community. He said that according to a social workers report, Zondi’s parents had never visited him in prison.

On September 9, 1995, he and an accomplice shot and killed a woman who was asleep in the back of a vehicle, shot dead the driver - an off duty police officer - and injured another passenger.

Zondi and his accomplice had placed logs on a road to force motorists to stop and when a driver stopped and tried to remove the logs, they opened fire with an AK-47 rifle. They then stole the vehicle. Zondi had also committed two other robberies - in March 1996 and February 1997.

When Zondi was sentenced to life, he was already serving an effective 22 years for the robberies.

Handing down sentence, Judge Chris Nicholson had said: “The catalogue of offences committed by the accused after September 9, 1995, convinces me he is not capable of reformation.”

Ndebele said a case management committee had met with Zondi on October 21, 2011. It decided in his favour that day.

But Ndebele said that almost a year later, on December 19 last year, he had approved the recommendation of the National Council for Correctional Services (NCCS), made on October 15, for Zondi not be placed on parole.

The NCCS had also recommended that Zondi only apply to the council in two years’ time subject to him participating in a restorative justice programme, and that a comprehensive psychological report be submitted.

Ndebele said that the recommendation of the parole committee was irreconcilable with the report of the chief psychologist. Zondi was also not a first-time offender, he said.

However, Zondi argued that the reason his application had been dismissed was because of delays with the department.

When Judge Piet Koen on Friday questioned Zondi on the issue of restorative justice, his reply was that there was no need for that process if the victims’ families and the attacker were strangers. He stuck to this argument, even when Koen asked him if he was sure about what he was saying. Zondi also argued that he was not a high risk offender because he had not left prison to commit crime.

“If someone commits a serious offence, it does not mean that they are high risk. I was never classified a high risk,” he said.

Zondi said that the crimes were due to political tensions at the time: “I was a political fanatic. It is the right of anyone to be part of a political movement.”

Zondi did not express remorse for his crimes, nor did he mention plans to meet with the families of his victims for any form of reconciliation.

Norman said Zondi should only be considered for parole in 2018, saying that by then he would have already served 20 years of his sentence.

Norman said that it was for this reason that the minister had not considered his application.

Norman said given his aggressive behaviour, the decision not to grant him parole was rational and reasonable. Judgment was reserved.

mpume.madlala@inl.co.za

Daily News

A man who allegedly shot dead a colleague at a Durban hospital had a dream before his arrest and was not surprised when police arrived, the court heard.

Durban - A man who allegedly shot dead a colleague at Durban's King Edward VIII hospital had a dream before his arrest and was not surprised when police arrived, the Durban Magistrate's Court heard on Monday.

Warrant Officer Vusi Nkosi said Khulekani Aubrey Ntuli had told him that the night before “he had a dream of an overflowing river that he was unable to cross”.

“I had a conversation with the accused. He said he was avoiding all vehicles with the ND (Durban) registration,” said Nkosi.

The 43-year-old Ntuli is alleged to have killed Sipho Mfayela, 54, on February 28 after he was told the results of a misconduct disciplinary hearing appeal.

He was arrested in Hillbrow, Johannesburg, in May, after nearly three months on the run. He faces charges of murder, pointing a firearm, and possession of an unlicensed firearm and ammunition.

However, Ntuli's lawyer George Pooran told the court that his client intended to plead not guilty, as he was in Johannesburg at the time of the murder and did not know he was wanted by police.

Ntuli was staying with his brother when he was arrested and according to Nkosi had claimed on the day of his arrest to be wearing the same T-shirt that he was wearing when he allegedly killed Mfayela.

Nkosi said Ntuli's brother had stated “blood is thicker than water” when asked by police why he had not told them that Ntuli was staying with him.

Magistrate Vanitha Armu is expected to hear closing arguments later on Monday before deciding whether to grant Ntuli bail.

Sapa