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Durban ‘axe man’ to be sentenced

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The Durban High Court is expected to sentence Phindile Joseph Ntshongwana for axing four people to death.

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Johannesburg -

The Durban High Court is on Monday expected to sentence former Blue Bulls player Phindile Joseph Ntshongwana for axing four people to death.

Ntshongwana was to have been sentenced in October, but the matter was postponed as his lawyer Themba Mjoli argued successfully for a postponement so a clinical psychologist and a criminologist could testify in mitigation of sentencing.

In September, Judge Irfaan Khalil convicted Ntshongwana of four counts of murder, two of attempted murder, one of kidnapping, one of rape, and one of assault.

He murdered Thembelenkosini Cebekhulu in Montclair, Durban, on March 20, 2011, Paulos Hlongwa two days later, Simon Ngidi the following day, and an unidentified man that week.

All were hacked to death with an axe.

He raped and kidnapped a woman in November 2010.

He tried to kill two men, one in Umlazi on March 21, 2011, and the other in Lamontville on March 23.

Khalil said Mjoli's contention that at the time of the crimes his client suffered from a mental illness and had no control over his actions, did not hold water.

“The murders were planned and not impulsive acts committed on the spur of the moment. His decapitation of the victims was purposeful,” said Khalil. - Sapa


Kings Park murder trial continues

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The trial of Blayne Shepard, accused of beating Brett Williams to death, is expected to resume in the Durban Magistrate's Court.

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Johannesburg -

The trial of Blayne Shepard, accused of beating former Royal Marine Brett Williams to death, is expected to resume in the Durban Magistrate's Court on Monday.

Shepard and three others were accused of beating Williams to death outside Durban's Kings Park Stadium on the night of March 23, 2013, after the Sharks beat the Melbourne Rebels in a Super Rugby match.

The court heard on Tuesday that Williams “aggressively” joined a group brawl and shouted profanities the night he was killed.

Five people were initially accused of killing Williams. Grant Cramer turned State witness. Andries van der Merwe, Dustin van Wyk, and Shepard's older brother Kyle, were discharged last month.

They had each faced a charge of murder, three of assault with intent to do grievous bodily harm, one of crimen injuria, and one of public violence.

Magistrate Trevor Levitt ruled “uneasily” that the evidence against the three did not reach the required standards of a trial.

Shepard would be tried for murder, and was discharged on all other counts. - Sapa

Axe murderer’s dad asks for special treatment

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The father of convicted Phindile Ntshongwana urged the Durban High Court to ensure his son was kept in a prison hospital.

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Durban - The father of former Blue Bulls rugby player Phindile Ntshongwana urged the Durban High Court on Monday to ensure his son was kept in a prison hospital.

Liston Ntshongwana, who was testifying in mitigation of his son's sentencing for axing four people to death, said: “His condition is a serious condition. It is not an ordinary condition. We just don't know what triggers his things.”

Ntshongwana said his son should not be kept with the general prison population, but continue receiving treatment at the Westville prison hospital.

His son was to have been sentenced in October, but the matter was postponed as his lawyer Themba Mjoli argued successfully for a postponement so a clinical psychologist and a criminologist could testify in mitigation of sentencing.

In September, Judge Irfaan Khalil convicted Ntshongwana on four counts of murder, two of attempted murder, one of kidnapping, one of rape, and one of assault.

He murdered Thembelenkosini Cebekhulu in Montclair, Durban, on March 20, 2011, Paulos Hlongwa two days later, Simon Ngidi the following day, and an unidentified man that week. All were hacked to death with an axe.

He raped and kidnapped a woman in November 2010. He tried to kill two men, one in Umlazi on March 21, 2011, and the other in Lamontville on March 23.

Khalil said Mjoli's contention that at the time of the crimes his client suffered from a mental illness and had no control over his actions, did not hold water.

“The murders were planned and not impulsive acts committed on the spur of the moment. His decapitation of the victims was purposeful,” said Khalil.

Ntshongwana's father told the court on Monday that the family was saddened by the crimes and apologised.

“And even today we are extending our sincere apologies, immeasurably so because life is precious,” he said.

He conceded that since his son had been placed on new medication in September, his condition had stabilised.

Sentencing is continuing. - Sapa

R85m for rural development in KZN

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Small towns in KZN have been allocated R85 million “to stimulate the rural economy and to create infrastructure and more jobs”.

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Durban -

Small towns in KwaZulu-Natal have been allocated R85 million for rehabilitation projects which will lead to job creation and prevent migration to big cities.

Co-operative Governance and Traditional Affairs MEC Nomusa Dube-Ncube said the money would be used to stimulate the rural economy and to create infrastructure and more job opportunities.

Most of the MPLs at the legislature in Pietermaritzburg this week voted in favour of the provincial Treasury’s Adjustment Bill 2014.

However, DA MPLs voted against it because they were concerned that the money would not be used for what it was meant.

Dube-Ncube’s spokesman Lennox Mabaso said the money would be used to rehabilitate ageing roads and electricity infrastructure.

He said 15 rural towns would benefit.

“You take for instance Mooi River, where people have been complaining about potholes and ageing sewer system. The money will be used to deal with those things and make small towns attractive to investors,” he said.

He said developing the economy and creating job opportunities in rural towns would stop people from emigrating to big cities.

Dube-Ncube lashed out at the DA for opposing the allocation.

“On the one hand, the DA is a staunch critic of our government, claiming that we do not do enough to develop small towns or provide basic services such as water and electricity. On the other hand, it frustrates our effort in doing so by voting against increasing the budget for this purpose,” said Dube-Ncube.

DA MPL Sizwe Mchunu said instead of spending the R85m on “non-existing infrastructure”, the government should lobby for funds for brand new infrastructure projects.

“We were saying they should rather lobby for more infrastructure development in the municipalities.

“We oppose the rehabilitation programme on the basis that they should get the basics right,” he said.

The Mercury

KZN plans to circumcise 2.5 million by 2016

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An ambitious plan by the Department of Health would be possible - but only with community support, the TAC said.

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Durban -

An ambitious plan by the KwaZulu-Natal Department of Health to circumcise 2.5 million men by 2016 would be possible – but only with community support – the Treatment Action Campaign (TAC) said on Sunday.

Spokesman Mzamo Zondi commended the government for its efforts to reduce HIV and Aids, but said that without the buy-in of religious and traditional leaders, the project would sink.

“This is a very huge number, so the approach needs to be strategic,” Zondi told the Daily News.

“There’s nothing more powerful than a pastor, for example, telling his congregation how important it is to get circumcised, and how beneficial it is.”

The department’s latest medical circumcision camps kicked off on December 7. The first camp took place in 2010.

Zondi said that in striving for high numbers, the department should not compromise on quality.

“The standards need to be maintained. These must not slip under any circumstances. We support this endeavour because the research backs it up.”

The department said the camps were taking place throughout KZN’s 11 health districts and would continue until January 31.

The project has played a role in circumcising more than 474 556 men. This figure is up by 28 000 since the last camp in October.

“The three-day camps can take place any day of the week during the school holidays, but they are usually held from Friday to Sunday. The clients come to a venue, usually a school, where they are taught life skills, undergo HIV testing and counselling and are then circumcised. They are then reviewed and discharged the following day,” the department said.

It explained that several studies had shown that medical male circumcision reduced chances of acquiring HIV by about 60 percent.

“The procedure is also noted to have benefits of keeping the male genital organs in a good hygienic state, reducing the chances of penile cancer and reducing the chances of the transmission of human papilloma virus, which may lead to cervical cancer in the female partner,” the department said.

There were 6.14 million people living with HIV and Aids in South Africa and KwaZulu-Natal had the highest burden of the disease, with an estimated 1.6 million people living with the condition, it added.

“There are about 828 230 HIV-infected clients on ARV treatment, which translates to about 52 percent of total people on treatment, while almost half of HIV-infected people are not on ARV treatment.”

In a joint statement, Health MEC Dr Sibongiseni Dhlomo, and the head of the department, Dr Sibongile Zungu, said: “We would like to really urge parents and caregivers to ensure their children attend these camps… because it has potential to turn around prevalence of HIV and change our future for the better. We appeal to uncircumcised adult men, as well, to undergo this procedure.”

Men interested in the procedure need to seek advice from their nearest clinic and be prepared to be tested for diabetes, high blood pressure, TB and HIV.

Daily News

Robber jailed for killing Dalton farmer

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A robber who killed Abraham Wessels because he was “glaring” at him has been sentenced to an effective 20 years in prison.

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Durban -

A robber who killed Dalton farmer Abraham Wessels because he was “glaring” at him, has been convicted of murder and sentenced to an effective 20 years in prison.

Ayanda Mathobela, 34, pleaded guilty in the Pietermaritzburg High Court on Friday, saying Wessels, 55, had looked aggressive during a robbery at his friend’s farm, Bellview, on June 29.

“To scare him I struck him on his head with my firearm. I had not removed my finger from the trigger, and when I hit him my finger pressed the trigger and the gun went off,” Mathobela said in his plea.

“I realised he had been hit in the head and my co-perpetrators and I fled.”

Mathobela said he and his two cohorts had planned to rob the couple that owned the farm because they were unemployed and needed money.

Wessels and his wife had parked their car at the farm, owned by their friends, Robert and Paddy Wilson, and accompanied them for lunch in Pietermaritzburg.

After lunch the two couples made their way back to Bell-view, where the

assailants, each armed with a gun, a stick and a knife, had been waiting.

As they alighted, the three men held them up, demanding money.

The robbers took two cellphones and R150 in cash and ordered the four victims into the house to remove the safe. This was when the shooting took place.

Judge Thoba Poyo-Dlwati sentenced Mathobela to 20 years for murder and 15 years for aggravated robbery, to run concurrently.

The judge found that substantial and compelling circumstances existed to justify a deviation from the minimum prescribed life sentence, as Mathobela had pleaded guilty, had shown remorse and indicated that he was willing to testify against his accomplices should they be arrested and prosecuted.

The crime was serious and deserved a lengthy term of imprisonment, Poyo-Dlwati said.

“This was motivated purely by greed. Society looks to the courts for protection and will not tolerate these crimes any longer.”

Wessels’s wife, Wendy, said the sentence would not bring her husband back.

“My life will never be the same again. This does not change what happened. I lost my husband, my best friend and the father of my children,” she said. “We struggle to come to terms with what happened every day.”

In a separate case in the Pietermaritzburg High Court on Friday, three young men responsible for the murder of 66-year-old Greytown resident Cornelius Joe Herholdt were sentenced to life imprisonment.

Sifiso Phungula, 19, Lungisani Zungu, 18, and Lindokuhle Mbhesi, 20, were also given 15 years for aggravated robbery.

“This was a crime motivated by nothing more than greed. You walked into this man’s home asking for jobs, and when he declined to offer you employment, you killed him,” Judge Rishi Seegobin said.

He said it was the duty of the courts to protect the interests of society, and people were sick and tired of being subjected to violent crime.

Herholdt was stabbed in his home in McCullum Street on February 18.

The three accused were found hiding in Herholdt’s house within an hour of the murder by security guards who responded to a call.

Herholdt was at home with the family’s domestic worker when the gang stormed in and demanded his safe keys.

The lifelong Greytown resident, who was self-employed in the construction and garden services industries, was stabbed several times in the neck and chest and died on his passage floor.

A neighbour, who heard noises coming from the house, contacted the security patrol and police. The three were found hiding in the house by security guards; two under the beds in Herholdt’s bedroom and one behind the wardrobe.

Herholdt’s wife, Thelma, who has suffered extreme trauma and anxiety as a result of her husband’s death, said she was satisfied with the outcome.

“This has taken a huge toll on my family. I don’t think we will ever really get closure,” she said. “Every day that passes is one without my husband.”

Daily News

Marine’s death ‘not from assault’

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An "unbroken fall" by possibly drunk Brett Williams caused his death, not an assault, a court has heard.

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Durban - An “unbroken fall” by possibly drunk former Royal Marine Brett Williams caused his death, not an assault, the Durban Regional Court heard on Monday.

Previous forensic evidence that the Briton died from a brain haemorrhage was “misguided” and perhaps not clarified correctly during testimony, specialist forensic pathologist Dr Steve Naidoo testified on behalf of the defence for Blayne Shepard, who is charged with killing Williams.

He disputed State witness testimony that Williams died from being kicked, assaulted, and stomped on.

Naidoo told the court his speciality was in the pathology of trauma and sudden death, both natural and unnatural.

Williams died outside Durban's Kings Park Stadium on the night of March 23, 2013, after the Sharks beat the Melbourne Rebels in a Super Rugby match.

Shepard was initially one of five friends accused of beating Williams to death, but now remains the only person charged with his murder.

One accused, Grant Cramer, turned State witness, while the three other accused, Andries van der Merwe, Dustin van Wyk, and Shepard's older brother Kyle, were discharged last month.

Naidoo said he agreed the cause of death was blunt force injury to the head. He studied photographs of Williams's injuries and examined the post-mortem reports and comments from forensic pathologist Dr Christa Hattingh and general practitioner Dr Ashley Hammond.

He explained that the sudden “deceleration” of the head striking the ground, or an object, killed Williams, and not the pressure of bleeding on the brain or a blood clot after the injury, as the court had previously heard.

If pressure on the brain from bleeding had caused Williams's death he would not have died instantly, Naidoo said.

“The death was not caused from the actual swelling and accumulation of blood in the ventricle, but from brain stem concussion resulting from high velocity deceleration, like if someone's head crashes against a brick wall... This deceleration is also seen in motor vehicle accident victims.

“The next possibility then is that it was caused by a fall... such a fall would be from one's standing height and unbroken. The unbroken fall would see the head striking the ground or object.”

Naidoo testified it was highly unlikely that any kicking or striking of Williams would have caused the brain stem concussion which killed him.

He testified that had Williams been “stomped on and pummelled” he would have sustained more injuries. - Sapa

Toddler drowns in flooded toilet pit

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The father of a three-year-old boy has told of his horror at discovering his son had drowned in a flooded toilet pit.

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Durban -

The father of a toddler has told of his horror at discovering his son had drowned in a flooded toilet pit.

Three-year-old

Hlumisa Makhasi drowned in the pit, in France township on the outskirts of Pietermaritzburg, on Friday.

It is believed the little boy had been playing with his friend in a neighbour’s yard when he fell into the hole.

The toddler’s distraught father, Simphiwe Gqotha, said the hole had been dug a couple of months ago for a toilet. Heavy rains over the past week had flooded it.

“I went looking for Hlumisa, but I could not find him. When I asked his friend where my son was, he pointed to the hole and my heart stopped,” Gqotha said.

The father said he ran to the hole and peered in, but could not see anything.

He said he started screaming for help and neighbours rushed to his aid.

The men used a makeshift ladder to help Gqotha lower himself into the hole and they eventually managed to pull Hlumisa’s little body out, but it was too late: the boy had already died.

“I cannot explain the pain we feel,” Gqotha said, adding that they were angry the hole had been left uncovered.

“It was dangerous. We should never have let the children play there,” he said.

Hlumisa’s mother was in shock and had to be sedated during the weekend.

Neighbours rallied around the family yesterday, all overcome with grief.

Pietermaritzburg police have confirmed the toddler drowned and an inquest docket had been opened.

Daily News


SA sees rise in measles cases

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The National Institute for Communicable Diseases has expressed concern at the increasing number of measles cases reported.

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Durban -

A significant increase in the number of measles cases reported was “concerning”, the National Institute for Communicable Diseases said.

“In the last couple of months, there has been an increase in measles cases in the country,” the institute’s spokeswoman, Nomusa Shabalala, said.

She said there had been 18 cases in Northern Cape, 10 in Gauteng, four in Western Cape and six in KZN.

“…(L)ast year, there were only six cases for South Africa for the whole year. This increase is concerning, as in 2009-2011 South Africa had a large measles outbreak with 18 000 cases, and we don’t want to see this again,” Shabalala said.

The chairman of the People’s Health Movement, Louis Reynolds, said: “Measles is a severe disease. It has severe complications.”

He said if immunisation coverage dropped then there was always the risk of an outbreak, especially among the poorer parts of the country.

Another factor that complicated measles infection was that among “rich people” it was “fashionable” not to immunise their children, Reynolds said.

This was done in the belief that not immunising their children would strengthen the children’s immune systems.

Reynolds said the government’s measles immunisation programme was not as good as it should be.

Shabalala said measles was caused by a virus that could be spread by coughing or sneezing. The symptoms are fever, cough, red eyes, flu-like illness and red spotty rash.

Complications can include diarrhoea, dehydration, blindness, brain infection (encephalitis) or even death.

According to the World Health Organisation, measles is one of the leading causes of death among young children even though a safe and cost-effective vaccine is available.

The organisation said there were 145 700 measles deaths globally last year.

The KZN Department of Health has, however, denied there was an outbreak.

“There is no outbreak of measles in KZN. Six cases have been diagnosed and treated so far - one in Ugu, one in Uthungulu, one in Umkhanyakude, one in Umgungundlovu and two in eThekwini,” the department’s spokesman, Sam Mkhwanazi, said.

“These are sporadic cases in different geographical areas, which means they are not an outbreak.”

Mkhwanazi said the department had had an “intensive” immunisation campaign in August during which it had identified children whose immunisation was not up to date, and it was updated. He said that in the majority of the measles cases, the patients had defaulted in their treatment.

Mkhwanazi urged parents and guardians to ensure their children were immunised.

Daily News

R1m bail for Durban ecstasy man

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Bar owner and businessman Greg Ayres, who is facing drug dealing charges, has been granted bail of R1 million.

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Durban bar owner and businessman Greg Ayres, who is facing drug dealing charges, has been granted bail of R1 million.

Ayres, who co-owns the bars Keys on Florida Road and Keys on Davenport Road, was arrested with Bulgarian national Valeri Nikolov at the Middelburg toll plaza on the N4 highway on November 4.

Police said the men were stopped in a delivery vehicle while they were en route to Durban and were allegedly found to be in possession of 600 000 ecstasy tablets with a street value of R85m.

On Monday police national spokesman Lieutenant-General Solomon Makgale confirmed that Ayres, who had been in custody for more than a month, was granted bail in the Carolina Magistrate’s Court, outside Middelburg, on Thursday.

Ayres’s attorney Carl van der Merwe said the State did not oppose bail and Ayres had put up two Durban properties, collectively worth about R10m, as surety to satisfy the court that he was not a flight risk.

 

Strict bail conditions include that Ayres must report twice a day to the Berea police station and cannot leave Durban without the consent of the investigating officer.

Van der Merwe said Nikolov still intended to apply for bail but was waiting for a magistrate to be available to hear the application.

Police allege the R85m drug bust was also linked to a raid at a Konigkramer Avenue, Westville, home last month.

Ayres’s business partner Gareth Brissett and two other men, John Maphumulo and Sakhile Dlamini, were arrested and charged with drug dealing after police allegedly found 325kg of ecstasy in powdered form at the Westville residence.

Earlier this month Brissett was granted bail of R500 000 and his co-accused obtained bail of R50 000 each in the Pinetown Magistrate’s Court.

Police also believe that premises in Linze Road, Stamford Hill, where machines, drums of precursor chemicals and cash were found, were used as a clandestine drug laboratory.

Police established that the warehouse was leased by one of the five accused who were arrested last week, but they have declined to disclose the name.

The cases against the five men were adjourned to next year.

The Mercury

4 000 new KZN claims in battle for land

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More than 4 400 new claims have been registered with the KZN Land Commission since the reopening of the claims process.

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Durban - More than 4 400 new claims have been registered with the KwaZulu-Natal Land Commission since the reopening of the claims process in July.

Priority has been given to claims lodged before December 1998, except where the commission wants to address old and new claims simultaneously.

Chief land claims commissioner Nomfundo Gobodo recently issued a notice inviting potential claimants to lodge, or re-lodge, claims for 11 farms in the uThukela district (Ladysmith) and parts of Welverdiend farm in the eDumbe district (Paulpietersburg).

This was after the initial claim, made before December 1998, failed to comply with the commission’s requirements. Instead of dismissing the claim outright, Gobodo decided to give claimants an opportunity to re-lodge while giving an opportunity for submissions of new claims as well.

The uThukela district farms at stake include 14 portions of Varkens Fountein, 12 portions of Doorn Spruit, 11 portions of Kop Leegte, six portions of Hasse Fountein and parts of Bon Joy, Winterton Settlement, Chieveley, Doornkop and Hillgrove.

The initial claim was apparently made by the Emantanjeni community from the Hlubi tribe. The farms they want are mostly irrigated land used for grazing and planting crops including maize.

Attorney Bertus van der Merwe

, who represents the current landowners for the affected eDumbe and uThukela farms, said they opposed the claims. He said the matter might have already been decided upon in court had the claims process not been reopened.

“We (should) rather deal with the matter once, inclusive of the new claims and re-lodged ones,” he said.

The landowners wanted the matter finalised, saying it had been a matter of constant stress since the early 2000s.

“It remains to be seen whether the government will want to buy back all the claimed farms because we are talking about thousands of hectares. A hectare of irrigated land costs around R100 000,” said one.

David Clouston of Thukela Berry and Waldo Bossie of Doorn Spruit said they were expecting new claims on their farms as well.

“We can’t do much but wait for the court process to run its course,” said Clouston.

The Mbhele family, who form part of the Emantanjeni Community, live on a small part of Wood Groove Farm which they successfully claimed from the previous owner.

“We’ve been living here since I was a little boy and my father and brothers worked in Wood Groove and neighbouring farms. I joined them when I was old enough to herd the cattle and milk the cows,” said Boy Mbhele, who is in his seventies.

Mbhele lives with his family of 12. They share about 100m x 100m of land with his younger brother, Sifani, and his family of four.

“We’re grateful that at least our houses are on land that we legally own, but we need more land for grazing and for planting maize,” said Sifani, who is also a pensioner.

“Our cattle graze in the yard and we have to rely on a municipal water tanker. We don’t have access to the Little Tugela River,” said Mbhele.

Mike Cowling of the Association For Rural Advancement said they were concerned that some of the claims might be consolidated then lodged under a traditional leader’s name instead of that of the community.

“This is one of the concerns that opponents to the reopening of the process had. It was suspected that one of the objectives would be to undermine communal land claims and instead transfer the claimed land to traditional authorities.”

Ingonyama Trust chairman Judge Jerome Ngwenya said they were going to investigate whether some of the identified land once belonged to the Zulus.

“We can’t say that we will lodge a claim for any of that land until we have evidence that the Zulus are the rightful owners,” he said.

The trust, responsible for 2.8 million hectares in KZN, made headlines in July when King Goodwill Zwelithini announced he would partner his chiefs in lodging a blanket claim for all of the KZN land that did not already belong to the trust, and possibly parts of other provinces too.

“We have not finalised our investigation and some of the chiefs are yet to be consulted, but the research is ongoing,” said Ngwenya.

Tara Weinberg, of the Centre for Law and Society at UCT, raised concerns about the government’s failure to provide post-settlement support.

“Too often the land is transferred and the government’s interaction ends there. But when people were dispossessed of their land, they didn’t just lose their land – they also lost their ways of life,” she said.

“For people’s livelihoods to improve there’s an urgent need for the government to support beneficiaries with training and funds.”

The Mercury

Somali shop attacks worry MEC

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Recent arson attacks on Somali-owned shops in KwaMashu could be motivated by xenophobia, KZN community safety MEC Willies Mchunu said.

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Durban - Recent arson attacks on Somali-owned shops in KwaMashu, near Durban, could be motivated by xenophobia, KwaZulu-Natal community safety MEC Willies Mchunu said on Tuesday.

“Attacking foreign-owned shops is equal to xenophobic attacks,” Mchunu said in a statement.

These acts were “against the values South Africa stands for”.

Mchunu said there had been two petrol bomb attacks on shipping containers, from which Somalians operated their businesses, in the area's C-section.

Police were only able to confirm one attack, last Thursday, in which two people, a Somali business owner and his assistant, sustained serious burns.

“ 1/8The owner and assistant were 3/8 accosted by two unknown males who threw petrol bombs through the window,” Major Thulani Zwane said.

He said the motive was not yet known and no arrests had been made.

Mchunu said the attacks were “unwarranted”.

“If people have got issues with the level of competition presented by foreign business owners and their impact on local business owners, such must be discussed through proper channels and peacefully.”

Mchunu said a community meeting would be held about the matter on Thursday.

Sapa

Axe murderer to be sentenced

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Sentencing procedures of Phindile Joseph Ntshongwana, convicted of axing four people to death, are expected to continue.

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Johannesburg -

Sentencing procedures of former Blue Bulls player Phindile Joseph Ntshongwana, convicted of axing four people to death, are expected to continue in the Durban High Court on Wednesday.

Earlier in the week, Ntshongwana's father Liston asked the court that his son be kept in a prison hospital due to his “serious condition.

“It is not an ordinary condition. We just don't know what triggers his things,” he said during mitigation of sentencing.

A clinical psychologist testified that, after evaluating Ntshongwana for more than four hours, she found “significant memory impairment”.

In September, Judge Irfaan Khalil convicted Ntshongwana of four counts of murder, two of attempted murder, one of kidnapping, one of rape, and one of assault.

Ntshongwana hacked his victims to death with an axe in various parts of Durban in March 2011. In the same month, he tried to kill two other men, one in Umlazi and the other in Lamontville.

In November 2010, he raped and kidnapped a woman.

Khalil previously dismissed the defence's contention that Ntshongwana had suffered from a mental illness at the time of the crimes.

“The murders were planned and not impulsive acts committed on the spur of the moment. His decapitation of the victims was purposeful,” Khalil said at the time. - Sapa

D-Day for ex-cop who ‘forged’ matric certificate

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Former police spokesman Vincent Mdunge is expected to be sentenced in Durban, KZN for forging his matric certificate.

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Johannesburg -

Former police spokesman Vincent Mdunge is expected to be sentenced in the Durban Regional Court on Wednesday for forging his matric certificate.

In November, Magistrate Thandeka Fikeni ruled the matric certificate he presented when joining the force in 1987 was not valid.

The court heard that Mdunge failed matric in 1985, and when he wrote supplementary exams in 1986.

The certificate he presented had been tampered with and contained an examination number from when Mdunge was in Grade eight.

Fikeni acquitted him of one count of fraud, saying it had not been proven beyond a reasonable doubt that Mdunge misrepresented himself when he joined the police as a special constable.

Mdunge was convicted of a count of fraud for receiving a salary to which he was not entitled. The highest rank a police officer can achieve in the police without a matric certificate is warrant officer.

Mdunge had reached the rank of colonel.

Mdunge was found guilty of fraud for submitting his forged matric certificate to the University of SA to obtain admission to a National Diploma in Police Administration course.

At the time of his conviction, Saleem Khan, for Mdunge, told the court his client would seek leave to appeal. Khan previously argued that the education department had made an error on his client's certificate. - Sapa

Holiday crowds hit Durban’s beaches

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The safety of children over the festive season took centre stage at the Durban beachfront.

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Durban -

The safety of children over the festive season took centre stage at the Durban beachfront on Tuesday.

Mayor James Nxumalo urged parents to make sure their children had armbands with their contact details so they could easily be reunited if the children got lost.

Nxumalo made the call on Tuesday at Durban’s New Beach, where people had gathered to enjoy live music and plays that were part of a drive for beach safety.

The eThekwini Municipality dispatched teams to put armbands on children, and Nxumalo said parents should look for the bands and municipal helpers as soon as they arrived at the beach.

“Those tags make it easy for children to be reunited with their parents as they have the parents’ phone numbers written on them,” he said.

Thousands of young and old people from North Beach to South Beach got into the festive vibe in overcast conditions on Tuesday.

They arrived mostly in minibus taxis, some from as far as Joburg. Nxumalo, accompanied by Social Development MEC Weziwe Thusi, said the municipality was expecting 1 million people at the beachfront this season.

Private security officers, metro police and the SAPS could be seen patrolling along the beachfront.

Nxumalo said emergency services and hospitals were on standby to attend to any injuries.

He urged commuters to refuse to travel with taxi drivers who had been drinking.

The aim of the music show was to warn beach visitors to behave by staying away from drugs and alcohol. But teenage boys and girls were seen drinking, and some were clearly intoxicated.

“Why must I drink when I’m at the beach? I can still have lots of fun without alcohol. If I drink I could end up becoming a rape victim,” a performer said during one of the stage productions.

Vagrants could be seen mingling with the crowd. Visitors were also warned to mind their belongings after pickpocketing cases were reported.

Thusi said the provincial government was concerned about the increasing use of drugs in Durban.

She said the provincial cabinet had held a three-day meeting in the city to discuss how to deal with the problem.

“We talk to people about drugs. Some listen, others don’t. The situation is really bad,” she said.

Thusi added that the problem of vagrants at “Whoonga Park” (Albert Park), where many young people take drugs, remained unresolved.

“These people disappear and later come back. Others have agreed to go for rehabilitation, but a large number remain a problem,” she said.

- The Mercury


Ex-cop Mdunge to be sentenced in 2015

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Vincent Mdunge will know his fate in February once police have explained to a court how they determined the amount of his fraud.

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Durban - Former police spokesman Vincent Mdunge will know his fate in February once police have explained to the Durban Magistrate's Court how they determined the amount of his fraud.

It had been expected that magistrate Thandeka Fikeni would sentence Mdunge on Wednesday.

Prosecutor Barend Groen told the court before sentencing that the State had determined Mdunge had received R874 901 in salary he was not entitled to. This was the difference between his salary as a colonel and that of a warrant officer.

However, Saleem Khan, for Mdunge, argued his client believed he had not received this amount and that it did not take into account the tax that had been deducted.

Fikeni ordered that Colonel Nico Kleynhans, the section head of the police's salary maintenance section, explain to the court how the amount was determined.

She postponed the sentencing to February 17.

In November, Fikeni ruled the matric certificate he presented when joining the force in 1987 was not valid.

The court heard that Mdunge failed matric in 1985, and when he wrote supplementary exams in 1986.

The certificate he presented had been tampered with and contained an examination number from when Mdunge was in grade eight.

Fikeni acquitted him of one count of fraud, saying it had not been proven beyond a reasonable doubt that Mdunge misrepresented himself when he joined the police as a special constable.

Mdunge was convicted of a count of fraud for receiving a salary to which he was not entitled. The highest rank a police officer can achieve in the police without a matric certificate is warrant officer. Mdunge had reached the rank of colonel.

Mdunge was found guilty of fraud for submitting his forged matric certificate to the University of SA to obtain admission to a National Diploma in Police Administration.

Earlier on Wednesday morning Khan argued his client should receive only a wholly suspended sentence as Mdunge's “service was rendered in an exemplary manner”.

He said the State had already started to punish Mdunge when police withheld payment of his R4.2 million pension when he resigned in September 2013.

Groen argued that withholding the pension had nothing to do with the case or sentencing.

“The accused has had 27 years to rethink his fraud. He didn't. He carried on and on being promoted,” he said.

He said the community was outraged by the increasing occurrence of forged qualifications. - Sapa

Woman killed by train

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A woman died when she was hit by a train near Mariannhill, KwaZulu-Natal, paramedics said.

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Durban - A woman died when she was hit by a train near Mariannhill, KwaZulu-Natal, paramedics said on Wednesday.

“When paramedics arrived on scene they found that bystanders had carried the patient from the tracks up to the roadside,” emergency medical services spokesman Robert McKenzie said.

She died at the scene. The accident happened on Monday night near the Klaarwater train station. - Sapa

Division marks opening of Reconciliation bridge

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King Goodwill Zwelithini has called the Afrikaners and Zulus to forgive each other and “move on”.

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Durban - As King Goodwill Zwelithini on Tuesday called for Afrikaners and Zulus to forgive each other and “move on”, the Day of Reconciliation at Blood River in KwaZulu-Natal was still marked by division.

About 1 000 people attended a commemorative event at the site near Vryheid, where President Jacob Zuma and other dignitaries officially opened a new bridge spanning the river and connecting the Ncome Museum and Blood River Monument.

But, while the bridge was symbolic of unity, and on a day meant to promote that, the divisions on the 176-year-old battlefields were all too clear. On the one side of Ncome (Blood) River, some of the Afrikaner community held their own commemoration simultaneously with the Zulus on the other side.

But there was a sprinkling of whites - dressed in Zulu traditional attire - at the unveiling, and at least a few blacks visited the Blood River Monument on the other side in the afternoon, in spite of the flying of pre-democracy flags.

On December 16, 1838, 470 Voortrekkers clashed with an estimated 15 000-21 000 Zulus in the Battle of Blood River.

On Tuesday, King Zwelithini said: “It’s not true that the river turned into blood. If we keep saying that our children will spit on our graves.

“We must learn to forgive. Let us all accept the generations of those who were defending the land. Painful as it might be, now is the time to move on,” he said.

“Yes, hate and violence took away a lot from us, our loved ones, dignity and property, but love has set us free.”

But retired Voortrekker Monument chairman, Gert Opperman, who also attended the unveiling, said “racial differences” evident in South Africa were still a concern.

“We must realise that reconciliation is not an event but a process,” he said.

However, the symbolism of the bridge was not lost on him.

“I see the bridge in that spirit that it joins the two sides of the battlefields. I trust it will lead to reconciliation in our country. There are various challenges in reconciliation. We are grateful that that initiative has been taken and that all sides of that bridge will be owned by both sides.”

Zuma said the bridge symbolised the removal of racial and social barriers between the different population groups who were involved in the Battle of Blood River. “We have also unveiled the new centre of memory to tell our story for generations to come.”

The Day of Reconciliation had different meanings to people depending on their background or race, Zuma said.

“For some it’s a symbol of thriving and for others it’s a bitter day of resistance. Afrikaners remember the success over the Zulu nation.”

Zuma said those who had fought each other were now commemorating each other. Reconciliation, he said, was possible if both sides made the effort.

“If we are determined, we can build this country in a short period. Reconciliation is a process not an event. It does not mean forgetting – it is trying to bury the pain of the past.”

The president said people must get over fear, hatred and pain. “Reconciliation and redress are two sides of the same coin.”

Meanwhile, congratulating the new Miss World, South Africa’s Rolene Strauss, Zuma said citizens “should all provide our full support for her”.

Dignitaries included Arts and Culture Minister Nathi Mthethwa, IFP president Mangosuthu Buthelezi and Premier Senzo Mchunu.

- Daily News

KZN woman killed by train

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A woman has been killed by a train in the Mariannhill area, making the tragedy the second fatality there in the past few days.

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Durban -

A woman has been killed by a train in the Mariannhill area, making the tragedy the second fatality there in the past few days.

Two other people have also been critically injured.

Spokesman for the Emergency Medical Services in KwaZulu-Natal, Robert McKenzie, said paramedics had responded to the latest incident, on the train tracks near Thornwood, on Monday night.

They found that bystanders had already carried the unnamed woman from the tracks to the roadside.

She had sustained critical injuries and was taken to hospital where she died, McKenzie said.

He said the incident occurred in the vicinity of the Klaarwater train station, where two men, both aged about 30, were hit by a train on Saturday morning.

When paramedics arrived, one man had already died from his injuries while the other was in a critical condition.

The paramedics stabilised the injured, while the KwaZulu-Natal Department of Health’s air ambulance flew him to Prince Mshiyeni Memorial Hospital.

Last night Transnet Freight spokesman, Sandile Simelane, said that although Transnet had embarked on a number of campaigns to educate people about the dangers of trains, they continued to put their lives in danger, at railway crossings and railway lines.

“If you walk on a railway line, you will come across a train,” he said, pointing out that a locomotive weighed 40 tons and wagons weighed between 20 and 90 tons.

“Unfortunately, a train cannot veer off the track (if the driver sees someone on the line),” he said.

In a separate incident on December 2, a man was critically injured near Ulundi after being struck by a train.

Daily News

Sydney siege opens wounds for SA man

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A former Durbanite says the hostage drama had opened old wounds that has resulted in him leaving South Africa.

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Durban -

A Durban man, who has lived in Sydney for nearly nine years, says Monday’s hostage drama had opened old wounds that had resulted in his leaving South Africa.

The 49-year-old who grew up in Manor Gardens, told the Daily News on Tuesday that the siege had left him and other South Africans in Sydney “rattled”.

“I fell victim to a violent hijacking incident that prompted my leaving… It’s not something I talk about or think about every day, but seeing the images on television brought it back for me. I left because crime had affected me on a very personal level,” he said.

He asked that only his first name, Bruce, be published because he feared a backlash from extremist groups.

News agencies reported that the Lindt Chocolat Café in Martin Place, a pedestrian mall in the city’s financial district, had been stormed by heavily armed police, ending the siege early yesterday.

Most of the hostages escaped, but the cafe manager, Tori Johnson, 34, and a 38-year-old lawyer and mother-of-three, Katrina Dawson, lay dead, while six more people were injured, including three women with bullet wounds.

The attack had been staged by Iranian-born Man Haron Monis, who also died.

Bruce, an IT specialist who left South Africa in 1996 and lived in London, the US and France, said because the site of the attack had been in the heart of the city, a central point difficult “not to pass through”, it had stunned many of the city’s residents.

He said the area – home to banks and businesses – had in the past been the backdrop of dramatic violence.

On September 15, 2012, a protest against an anti-Islam film was held there.

The action had started peacefully, but had led to brutal confrontations between protesters and police. Six police officers and 19 protesters were injured.

He described the area as being “pedestrianised” and “slap bang” in the middle of the city, a hub for many people.

“It’s pretty unspectacular with shops, a few flower sellers and magazine vendors.”

He said: “To know that those people were being held hostage by an armed gunman in a place so many people go, where I go, shocked me to the core.

“It made me tearful. I don’t know them from a bar of soap… but it happened in a place I hold dear. Having left South Africa for the safety here … it was a blow.”

He believed the city and country were resilient and would recover from the trauma and remain a safe place for its citizens.

“Having been an Australian for four years out of the eight I’ve been here, I’ve seen the strength of these people, and the protectiveness they have for this place,”

Bruce said.

Louise Gibson, 41, formerly of Durban, who has lived in Australia for seven years, said she had worked in the Sydney central business district for three months this year on a short contract at one of the big banks.

“I regularly used Martin Place as a short cut through the city to get to lunch. The area is always pretty with flowers and a nice place to walk as it’s paved and you can sit on the steps or benches to have lunch.

“I have never been in the Lindt café but walked past it many times. I have two South African friends who work less than 200 metres from the cafe.”

She said the introduction of weaker bail laws in the state of New South Wales, may have been to blame for the incident.

“The police are bound by these laws and cannot act unless the laws are tightened. When the laws were changed this year there was already heavy criticism they were too weak. Had this man been in jail this would not have happened. These laws are protecting criminals and I feel really angry this man was protected by these laws and allowed to continue to live as he pleased.”

She said that after the incident, she would be more cautious about going near “any major tourist areas like the Opera House or Harbour Bridge”.

“I will not be doing my Christmas shopping (there). I will rather do this in my local mall. The relaxed attitude I initially had in Australia has changed and I will be more aware of my surroundings.”

- Daily News

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