A man was killed and three others seriously injured when slabs of granite collapsed on them at a Verulam warehouse.

Durban - A man was killed and three others seriously injured when slabs of granite collapsed on them at a Verulam warehouse.

The incident happened on Friday at the KatzStone Granite and Quartz warehouse when three men were removing slabs from a container.

The Department of Labour is probing the matter and has recommended it be taken to the Director of Public Prosecutions if negligence is found.

KwaZulu-Natal police spokesman, Major Shooz Magudulela, identified the dead man as Mthokozisi Ngcwangula, 30.

Police have opened an inquest docket at the Verulam police station.

Rayiz Syde, the owner of the warehouse, was “injured badly”, said his wife, Katz.

Mokgadi Pela, acting spokesman for the Labour Department, said a preliminary investigation found that Ngcwangula had not been trained to perform the duty he was conducting.

“If the employer is found to be negligent and flouted any aspect of the law, a recommendation to prosecute will be made to the Director of Public Prosecutions,” he said.

Daily News

A foot chase in Durban ended with a suspected burglar shot in the head and a gardener arrested for murder.

Durban - There was drama on Durban’s Berea on Tuesday when a foot chase ended with a man - understood to be a suspected house burglar - being shot in the head and an elderly gardener arrested.

The Daily News arrived at the scene in Peter Mokaba (North Ridge) Road, at midday, just as police were leading the murder-accused gardener into a police van.

He appeared to be in distress as he tried to explain himself to officers.

The body of the man he allegedly shot had already been removed and a portion of the south-bound lane was cordoned off with yellow tape, while police combed the area for clues.

A man at the scene, who asked that his identity be withheld, recounted how he understood the shooting to have occurred. He said he had a medical background.

“I was driving past and I saw a woman in a nurse’s outfit attending to a guy at the side of the road.

“She seemed to need help, so I stopped,” he said.

He assisted where he could, but the shot man had been hit in the face and died at the scene.

“While I was there, I heard that the guy who died was trying to break into a house down the road, when the gardener came out.”

A chase ensued and the gardener allegedly shot the suspected burglar, he said.

Police close to the investigation confirmed this was the accused’s claim.

A woman who lives nearby said she had heard a man shouting in Zulu: “Why? What have I done?” She said there was then a gunshot.

Police spokesman, Major Shooz Magudulela, said a case of murder had been opened at Berea police station.

He said the man who was shot was 28 years old.

“The suspect will appear in court soon,” Magudulela said.

Daily News

The mother of a 6-year-old autistic child wants the court to stop Home Affairs from deporting her, and depriving the girl of therapy and special schooling.

Durban - The mother of a 6-year-old autistic child has made an urgent court application to stop the Department of Home Affairs from deporting her next weekend.

The mother, who cannot be named to protect the identity of the child, is battling a rule which states that anyone on a visitor’s visa must return to their home country to apply for a renewal, which takes six to eight weeks.

If she is forced to do this, she alleges in her Durban High Court application which came before Judge Kate Pillay on Tuesday, her daughter will be deprived of all the therapy and special schooling she is receiving and, for the first time, responding well to.

The mom, who lives on the South Coast with her parents, said she and her now estranged husband - the father of the child - were both born in South Africa and got married here. They moved to Namibia and when they took up citizenship there, they were forced to give up their South African citizenship. The couple split in October 2015 but are not yet divorced.

She said she had become “deeply concerned” about her daughter’s development delays and had taken her to a psychiatrist in Windhoek who suggested she relocate somewhere where she could be treated properly.

She was still a permanent resident of Namibia.

She brought the child here in November last year on a visitor’s visa with the approval of the father, who remained in Namibia.

Since then the child, diagnosed with autism and attention deficit disorder (ADD), had daily and weekly therapy sessions with various specialists and this year had been enrolled in Grade 1 at a local special needs school, resulting in a marked improvement, “as she is no longer as aggressive and defiant as in the past”.

“It is vital that she continues with her treatment and schooling,” the mother said. “But her visa expires on April 16.

“I believe she qualifies for a two-year visa, but we have to go back to Namibia to apply. Exceptional circumstances exist for her to be allowed to apply from here, otherwise the impact will be devastating.”

Lawyers acting for the Department of Home Affairs arranged for the mother to meet an official later this week in an attempt to resolve the matter.

But the father, while yet to file any papers in the matter, has indicated he wishes to oppose the application and it was adjourned until late April.

The Mercury

Bereaved families are being left out of pocket after another fire put the Mobeni Heights Crematorium out of action.

Durban - Funeral organisers are seething and bereaved families are being left out of pocket after a fire put the Mobeni Heights Crematorium out of action again.

Undertaker, Clive Moodley, was at the crematorium when the fire occurred at about 4:30pm on Saturday and said the new furnace, installed just last year, was affected.

The crematorium did have two furnaces but, said Moodley, the older furnace had not been in operation for some time. So now, the facility had been left with no working furnaces, he said.

Moodley was angry and said there had been “endless problems” experienced at the crematorium over the past several years.

“I don’t feel the municipality has any respect,” he said. “There is no space in the city’s cemeteries and so it has been encouraging cremations but it doesn’t even have the facilities.”

The city said on Tuesday that there had not been a fire, but that the furnace was smoking and apologised for the inconvenience.

The head of the city’s Parks, Recreation and Culture Department, Thembinkosi Ngcobo, said getting the crematorium working again was being treated as urgent.

“I believe the new furnace overheated,” he said. “We are working on it.”

Ngcobo expressed grave concern.

“It is an essential service and even if we go without it for just one day, that places stress on us and the community. It is not right at all.

“Initially, we thought it might have to do with our staff but we are starting to suspect that it is, in fact, the equipment that is the issue,” he said.

He said the city had plans to build two more crematoriums and that the same company that had installed the new furnace at Mobeni Heights had put forward proposals.

“This is worrying because there is lack of skills so we have to rely on this company,” he said. “We might need some new ideas.”

Indeed, the crematorium has made headlines over the years.

Late last year, both furnaces were out of action and before that, community members said, there had been only one functioning furnace there for four years.

The Mobeni Heights Crematorium is the only council-run facility in Durban and when it goes down, bereaved families are forced to turn to the city’s much more expensive private crematoriums.

Last month, however, Willow Grove resident, Dhayalan Moodley wrote to the Daily News, saying he was in favour of the privatisation of the Mobeni Heights facility so service would be improved.

“It’s a known fact that Clare Estate Crematorium, which is a private service, is known for its professionalism and is considered the best-run crematorium in the country, with every member on the board having a hands-on approach in the running of the crematorium,” he wrote.

“If they have a breakdown of a furnace, within 12 hours it is repaired and ready for business. But should there be a breakdown at the Mobeni Heights Crematorium, it takes three years to repair and within two weeks of being repaired they have yet another breakdown.”

He also said that while privatisation would have its challenges, it would ultimately benefit the community.

bernadette.wolhuter@inl.co.za

Daily News

Just Property in Midrand has distanced itself from a Facebook comment by one of their estate agents, who has since been suspended.

Durban – Just Property Midrand's General Manager Brian van Wijk says suspended agent Darryn Wilken’s hearing has been adjourned and wants to set the record straight and “clear the company’s name” after it was on the receiving end of a mammoth outcry to suspend Wilken.

Van Wijk says Just Property’s reputation and name has been tarnished after Wilken posted a shocking comment on Facebook which read, “I will go rape every Indian women I see. Then after the 12 hours I’ll hit them up with a message like, last night was fun, we should do it again some time.”

Read: Facebook post about rape sparks outrage

The comment came after he replied to a picture in a Facebook group which goes by the name Dark Humour Memes that asked “If any crime was legal for 12 hours what would you do?”

The Gauteng real estate agent found himself in hot water when a livid public reached out to both the Equality Court and the SA Human Rights Commission (SAHRC) to take criminal action against Wilken, after it was circulated on social media.

Speaking to IOL, van Wijk said Wilken has been suspended and his hearing has been adjourned.

“He (Wilken) has his own right to comment and is entitled to comment, but we as an organisation do not tolerate such comments. We do not tolerate discrimination against women and race.”

He added, “We are taking disciplinary measures but the case is taking extremely long. Wilken’s case has been adjourned. However we can not give out any further information because it could put him in jeopardy.”

When questioned on what he meant by “jeopardy”, van Wijk declined to elaborate.

Van Wijk did mention that Wilken has been a star employee who had served the company for over three years, and had no previous record of bad behaviour.

“He does not overindulge in drinking and has been a good employee until now.”

Several attempts to contact Wilken were unsuccessful. Wilken has since deactivated his Facebook account and email replies return with an “out of office” reply. Just Property has removed Wilken’s biography from its website.

IOL MOJO

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Two men have been caught by a surveillance camera stealing a pot containing a rose bush from the yard of a Durban home.

Durban - Two men have been caught by a surveillance camera stealing a pot plant from the yard of a Durban home.

The Johnson family, of Rippon Crescent, Sherwood, thought they had been victims of an April Fool’s prank until they viewed the footage. Now they are hoping someone might come forward to identify the thieves.

The concrete pot, valued at R400, had been in their front yard, alongside the driveway wall.

Homeowner, Caroline Johnson, said she and her husband had been leaving for church on Friday night. While waiting for the driveway gate to close, her husband noticed in the rear view mirror, that the pot plant was missing.

Johnson’s son-in-law, Donavan Vere, viewed the CCTV footage on Sunday night.

“It was taken on Friday night; We thought it might be kids messing around. Even though my friend went to her car to fetch something, this did not deter them from stealing the pot plant,” said Johnson.

“The thieves had the nerve to place a newspaper on the floor of their boot to keep it clean,” said Johnson.

“I cannot get over the fact that people can do something like this. We hope someone can tip us off. Is the van stolen?

“This could lead to bigger things. I love gardening. I had a beautiful white rose in the pot which I took time and effort in growing,” Johnson said. Three minutes of black and white footage showed a Toyota Fortuner stopping in the driveway at 9.30pm. The driver alighted and walked towards the pot plant.

He pulled at it, but then looked up to see Johnson’s friend walking down the driveway.

He then climbed back into the Fortuner and waited for the woman to return to the house.

Oblivious to the presence of the Fortuner and man, she went back inside. The man was then seen fiddling with his boot, apparently talking to someone inside the Fortuner.

The boot opened and another man got out of the car. Both men, wearing shorts, T-shirts and flip flops, then walked toward the plant.

They hastily carried the heavy pot plant to the car and put it in the boot before reversing the Fortuner and driving away.

“My 5-year-old granddaughter sobbed; when she saw the video. She was with her 2-year-old brother and mother when men armed with guns held them up inside their home in Sherwood in October,” Johnson said.

Stills from the footage have been posted by Vere on the Combined Community Watch and Sydenham Community Facebook pages, asking the public to come forward and help identify the men.

Zaheera Suleman commented on the post: “The exact same thing happened to my mum on Friday night in Hartley Road, Overport. Same type of pot as well.”

Johnson has reported the matter telephonically to the Sydenham police station.

Daily News

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A Zimbabwean businessman who spent three months in prison after being charged with the R16.3 million heist near KZN’s Oribi Airport plans to sue the state.

Pietermaritzburg - A Zimbabwean businessman who spent three months in prison after being charged in connection with the R16.3 million heist near Pietermaritzburg’s Oribi Airport plans to sue the state after charges against him were withdrawn.

The state withdrew a charge of robbery against Herman Ndlovu in the Pietermaritzburg Regional Court last week on the instructions of the office of the Director of Public Prosecutions.

Ndlovu was arrested on October 14 last year in connection with the heist, and was initially denied bail by a local magistrate on the basis that he posed a flight risk.

He successfully appealed to the high court and on January 6 this year was granted bail of R50 000.

Ndlovu’s attorney, Srish Partab of Subash Maikoo and Associates, informed the Daily News that Ndlovu had instructed him to launch a civil claim for damages against the state for alleged unlawful arrest and detention.

The cash-in-transit heist in which a Brinks SA armoured vehicle was robbed of R16.3m in foreign currency occurred on May 28 last year near Pietermaritzburg’s Oribi Airport.

Ndlovu was the only suspect arrested in connection with the case.

In an affidavit submitted to the court at Ndlovu’s bail hearing, Warrant Officer Nelson Naicker said the Brinks SA armoured vehicle - a Toyota Hilux double cab - had picked up three bags of foreign currency at Oribi Airport at 8am and set off to deliver the money to various banks.

In Oribi Road, a Toyota Fortuner rammed into the armoured vehicle and several attackers armed with AK-47s confronted the three security guards.

Two attackers used a hammer to smash the armoured glass of one of the windows and then poured petrol into the Brinks SA bakkie and threatened to burn it if the officers did not open the doors. The guards then complied and opened the doors.

The attackers forced the three guards to lie on the road. The driver of the Brinks SA vehicle was assaulted in the process.

The gang escaped with the guards’ firearms, cellphones and bags of foreign currency.

Naicker alleged that Ndlovu’s cellphone records and data from his vehicle tracker system placed him at the scene of the crime.

Daily News

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Water “restrictor washers” are being installed at homes throughout Durban as the city comes under pressure from government to conserve dwindling water supplies.

Durban - Water “restrictor washers” are being installed at homes throughout Durban with immediate effect - at the rate of 2 500 every day - as the city comes under growing pressure from the government to conserve dwindling water supplies from drought-hit dams in the uMngeni River system.

Ednick Msweli, the head of the eThekwini Municipality’s water and sanitation department, confirmed on Wednesday that at least 80 contractors had been sent around the city on Tuesday to start fitting water restriction devices to more than half a million (mostly domestic) water connections.

The plan was to install at least 2 500 of the tiny water restriction washers daily in the water pipe connections entering homes across the city.

The washers had holes of differing diameter drilled through the middle to reduce the volume and pressure of water entering homes.

This would avoid the need to cut off water supplies entirely at certain times, and was expected to help the city comply with a Department of Water Affairs directive for Durban to achieve an immediate 15% reduction, to preserve water levels in the Midmar and Albert Falls storage dams before the dry winter months.

Midmar Dam was now down to 47% and Albert Falls just 35%, despite recent rains.

It is understood the city received a government directive that water for domestic and industrial use would have to be cut by 15%, while water for agricultural irrigation would be cut by 50%.

It was not clear last night whether supplies to industry and commerce would also be reduced via restrictor washers.

However, Msweli gave the assurance that there were no plans to impose water rationing along the lines of the staged nine-hour-long water shut-offs contained in an eThekwini Water contingency plan document leaked to social media and newspapers last month.

“We are not there yet,” he said, noting that water rationing would be a last resort. He said the city had learnt lessons from last year when the level of Hazelmere Dam began to drop rapidly. Though city officials had urged people in the northern areas to reduce water consumption voluntarily, no measurable reduction was achieved.

“Voluntary water restrictions did not work.”

The city had found that staged water cut-offs in suburbs supplied from Hazelmere led to an increase in pressure-related “off-on-off” water pipe bursts and eThekwini wished to avoid similar problems elsewhere.

He said several thousand restrictor washers had been installed already in the areas supplied by Hazelmere.

The exact location of all water connections fitted with restrictor washers, throughout Durban, was being recorded using GPS technology so that the restrictors could be removed at a future point when the drought was finally over.

Fielding questions from Chamber of Commerce members on why the government had not commissioned new, larger dams, Msweli said a balance had to be struck considering the huge cost of building new dams to ensure reliable supplies during drought periods.

For example, the building of the Spring Grove Dam on the Mooi River had pushed up Durban water tariffs by about 40c/kl.

Building the larger proposed Smithfield Dam on the uMkhomazi River (or a new desalination plant off the coast of Durban) was likely to produce “scary numbers” for future tariffs.

On whether the current water shortage could have been avoided, Msweli said he thought it was misleading to liken the situation to the Eskom power crisis, since the last serious drought in Durban had been about 20 years ago.

On what the city was doing to repair leaking pipes and collect revenue for water that was stolen or not paid for, Msweli said he believed there was now a commitment from the council to tackle this problem - though it had taken Japan almost 14 years to reduce its non-revenue water losses significantly.

On the large volumes of drinking-grade water going to waste through flushing of toilets, Msweli said the national Department of Water and Sanitation was committed to moving away from flushing toilets.

He did not elaborate on alternatives which might be considered.

tony.carnie@inl.co.za

The Mercury

ANC Councillor Edith Lite from the Estcourt Municipality is facing allegations of stealing electricity and tampering with an electricity meter.

Durban - A proportional representation councillor in the Estcourt Municipality is facing allegations of stealing electricity and tampering with an electricity meter but has blamed electricians she let a property to.

ANC Councillor Edith Lite is accused of “fixing” electricity meters at her house and “flats”.

Lite, however, said it was contractors renting her father’s home who had tampered with the electricity.

She supplied the Mercury with a letter dated March 4, which the company employing the contractors allegedly wrote, apologising for the incident. It said their employees, who were staying at flats in the Kolita area, allegedly made an illegal connection and also failed to pay rent.

The company promised to pay the R23 000 fine imposed by the municipality on the homeowner (Lite) for tampering with electricity and outstanding usage.

The letter is addressed to the municipality and does not refer to Lite. It refers to flats, but Lite said the property was a house. She said she only found out that the electricity had been tampered with after it tripped and she called the municipality.

“The illegal connection was discovered by the municipal officials and they called me to come and have a look,” she said

However, a source close to the council alleged that it was not only her “flats” where the electricity was rigged, but also her own home.

“We knew that there were issues with electricity there, but we also know there were issues at her house,” said the source.

She denied that allegation.

Theft of electricity in Estcourt is a problem. Certain parts of the Wembezi township, Colita and Forderville are problematic, with a high number of residents not paying for their electricity.

“Where she lives,” said the source, “a large number of the people were not paying for electricity. As a councillor, how can they encourage people to pay for electricity when the councillor who gets paid every month is not paying?”

The average salary for councillors in the municipality is R16 000 before taxes.

Mziwandile Majola of the IFP said he was aware of the allegations against Lite but declined to comment further saying the matter was not yet presented to the council.

Hlula Dladla, the municipal manager in Estcourt, said he was not aware that a councillor was involved, and would know only after receiving the list of offenders for last month.

“Councillors have a code of conduct. If a councillor is involved in tampering with electricity I will have to write to the Speaker... the same as when a councillor owes money for electricity.”

He conceded, however, that Colita, where Lite lives, was problematic. He said when someone was caught, they were fined and also made to pay for the period during which they had not been paying.

The Mercury

Richmond community members are considering keeping a group of baboons to attract tourists instead of removing them from a farm where one of the animals severely injured children.

Durban - Community members in Richmond are considering keeping a group of baboons to attract tourists instead of removing them from a farm where one of the animals severely injured children two weeks ago.

Community leaders were considering the idea of the baboons being kept in a fenced area on the same farm where tourists would be able to visit them.

The leader of the Masosheni farm community, Zwelithini Dlamini, told The Mercury on Wednesday that keeping the baboons would create job opportunities.

However, Dlamini said that while the idea of keeping the animals had been supported by young people, the elders were insisting that they should be removed.

Two weeks ago a baboon attacked two children, Seluleko Xaba, 6, and his 10-year-old cousin Sinethemba Mkhize, in their grandparents’ home on the farm. They had visited the farm for the Easter holidays.

The baboon, which farm owner David Aadnesgaard put down after the attack, was believed to be one of 14 that Durban’s Centre for the Rehabilitation of Wildlife (Crow) had taken to the farm in 2013 to be integrated with a troop that had been originally living in the forest on the farm.

Dlamini said the attack on the children “was a bad thing”, but he said the incident had brought attention to the animals and opened young people’s eyes to how the animals could change their lives for the better.

“Young people can even be employed permanently as tour guides and to look after the baboons,” he said.

Dlamini said Crow director Claire Hodgkinson had told the meeting that relocating the animals would be impossible, “and the community then suggested that they should be shot and killed”.

“Killing the animals would dent the image of Crow, which is known for caring for the wildlife,” Dlamini said.

He said the community gave Crow and Ezemvelo KZN Wildlife two weeks to remove the animals.

“Claire told me two days ago that should we agree to keep the animals, Crow would fund-raise for a zoo-like facility to keep them. This weekend we will meet to discuss matter.”

The children’s grandfather Bhekumuzi Xaba had also changed his mind.

“From the start they were supposed to be fenced so that tourists would be able to see them. How are the tourists supposed to see them if they are hiding in the thick forest?

“As long as they are fenced and not invading our homes to eat our food, they are fine.”

He said the children had since been discharged from hospital and were recovering.

Hodgkinson said it was “wonderful news” that the community was considering keeping the baboons on the farm.

bongani.hans@inl.co.za

The Mercury

Long delays at the Durban Container Terminal have the city's petrol stations drying up.

Durban - Long delays at the Durban Container Terminal have the city’s petrol stations drying up.

Congestion on Tuesday and Wednesday delayed trucks going to and coming from the port and the Fuel Retailers’ Association chief executive, Reggie Sibiya, said on Thursday that fuel reserves at a number of sites around Durban were running dry.

On Tuesday night, 21 loads of BP fuel and eight loads of Shells fuel were not sent out. Total had been affected, but the extent was not yet clear.

Sibiya said the issue lay with container trucks disregarding their instructions to queue in the emergency lanes while waiting for access to Transnet and overtaking the queue by remaining in Bayhead Road.

“We want Metro police to sort it out,” he said.

Workers at the Durban Container Terminal went on strike this week, apparently because of labour issues at Pier 1 on the 6am shift on Tuesday, which had disrupted services. Although work had resumed at 4pm on Tuesday, the backlog could not be cleared and continued into Wednesday.

Harbour Carriers Association KwaZulu-Natal chairwoman, Sue Moodley, said the long delays at the terminal forced many truck operators to close down or move into other forms of transport.

“This has impacted on the collection of containers. The transporters would have made no revenue because they were unable to collect their containers. This caused major congestion in Bayhead Road and impacted the collection of imports and the stacking of exports at Pier 2. This impacted on an already suffering economy,” Moodley said.

TOUGH MEASURES NEEDED

“The contingency plans at Pier 2 have not been fruitful and the transport industry continues to suffer daily,” said Moodley.

She said the port needed to work with Metro police to ease congestion.

Driver fatigue caused by the long delays, particularly with long haul drivers, was a concern because it increased the likelihood of accidents, Moodley said. Attempted hijackings occurred when drivers could not reach their destinations and were forced to stop in dangerous zones to rest.

Last night a logistics and freight operator, who wished to remain anonymous, said the port had sent him an SMS explaining that they would have a roadshow to address employees from 6am today. During this time all operations at the Durban Container Terminal could be shut down, he said.

All truck owners and logistic operators were told to hold back their trucks that were supposed to load imported containers.

“We are going to lose business to other ports like Maputo.”

Daily News

The anguish of losing her only child when he was shot dead by a teen more than a year ago was still fresh for a mom, who implored a court to jail the killer forever.

Pietermaritzburg - The pain and anguish of losing her only child when he was shot dead outside a Pietermaritzburg school by another pupil more than a year ago was still fresh for his mother, who implored the city’s regional court on Wednesday to send the killer to jail for ever.

An emotional Portia Nakile was adamant her son Akhona Nakile, 15, was not a bully. Had he been, he would have gone to his killer’s school for a confrontation and not the other way around, she reasoned.

The accused, now 17, pleaded guilty last year to the killing of Umsilinga Primary School pupil Akhona, the attempted murder of another 17-year-old from the same school (who cannot be named because he is a minor) and to being in possession of an unlawful firearm and ammunition, in November 2014.

Nakile was shot in the neck. The bullet exited and hit the other pupil in the cheek. The incident took place after school, outside the school premises.

The accused was from another school.

Testifying in aggravation of sentence, Nakile often broke down in tears.

“He (the accused) left his school and went to my son’s school to kill him. I want him to spend the rest of his life in prison. Akhona was my beneficiary. I used to save every cent so he could continue with school.

“The most painful thing was burying my son when I had buried my husband that September. As a result of Akhona’s death, I am left alone.”

Since the incident she had been sick, she said.

“I get headaches and they don’t go away ... I won’t be able to forgive anyone.”

She said she had received counselling but had stopped. She lived in Kokstad and her son was living with her mother at the time of the incident.

Nakile added that counselling was a temporary thing for her. As soon as she left the councillor’s room, the headaches would return.

“I believe eventually God will help me find peace,” she said.

Magistrate Rose Magwera advised Nakile to go back to the counselling sessions. She said if the killer were to be given a jail term, it would not help the mother get rid of her burden.

Nakile said her son was well behaved. Asked what sentence she would want him to get if he were in the killer’s shoes, she said she would want him to be punished, because he went to the school intending to kill.

The accused said in his plea that he shot Akhona because he could not take being bullied any more.

A clinical psychologist had told the court the boy had an ongoing conflict with Nakile and his friends because of a girl. He had not seen them for two weeks before the shooting. The day he took his father’s gun to school, he had no intention to use it. He met the other boys, and one took out a knife and he took out the gun.

sharika.regchand@inl.co.za

The Mercury

Inderesan Maistry and his two co-accused have been found guilty of murder, robbery with aggravating circumstances and kidnapping.

Durban - Two years ago, Merebank woman Charmaine Naidoo was kidnapped from her home by two robbers, stabbed, strangled and dumped.

On Wednesday the Durban High Court found that the house robbery was just part of a plot orchestrated by Naidoo’s common-law husband, Inderesan Maistry, to have her killed.

Acting Judge Burt Laing found Maistry and his co-accused Mandlenkosi Jobe and Bongani Manyathi guilty of murder, robbery with aggravating circumstances and kidnapping.

Judge Laing said the State had proved that Manyathi had taken part in the robbery as he had been pointed out at an identity parade by Naidoo’s teenage daughter, Rohaena.

Manyathi’s DNA had also been found in a cooldrink bottle in Naidoo’s car, that she had been driven in by the kidnappers.

He found that Rohaena, despite being only 15 years old, had impressed the court during her testimony.

She had testified that she had SMSed Maistry and asked him to come home during the robbery.

Maistry disputed this and said Rohaena’s SMS had told him about the robbery and that he should not come home.

Judge Laing said that from Rohaena’s evidence, it could be inferred that Maistry and Naidoo had problems in their relationship and that he had made threats before her death.

The judge said that after Rohaena’s SMS, Maistry made contact with Jobe from a different cellphone number and stayed in contact with him throughout the night.

Cellphone evidence also showed that in February, before the murder, there were more than 100 calls between Maistry and Jobe.

He said there were questions about what the calls could be about, and explanations by both men were not clear.

Judge Laing said it was surprising that Maistry had not tried to call Naidoo on the night of her murder and that he did not go straight home after he got Rohaena’s SMS.

The judge said Jobe had initially said he had been home on the night of the murder, but had changed his version after cellphone evidence showed he had been in the Wentworth area.

Judge Laing said Maistry’s version that he thought Rohaena had been playing a prank did not correspond with the phone calls he had tried to make to her after she sent the SMS.

He said looking at the evidence, he concluded that Maistry had contacted Jobe after Rohaena’s SMS because he wanted to alert him that she had a cellphone with her.

While there had been only circumstantial evidence linking Maistry to the crime, judge Laing said the only inference that could be drawn was that Maistry had arranged with Jobe to have his wife killed.

The court found that both Manyathi and Jobe were unimpressive witnesses and had been evasive.

The case was adjourned to Thursday for sentencing.

A fourth man, Sifiso Joyisa, pleaded guilty to Naidoo’s murder in April 2014 and is serving a 40-year sentence.

He is appealing against his conviction and sentence.

kamini.padayachee@inl.co.za

The Mercury

“It appeared to be a body. The windscreen was dented and the man was hanging over the side of the car.”

Durban - The mother of metro police officer Phumlani Mbatha, who was killed in a hit-and-run crash, cried in the public gallery on Wednesday as a witness described how he saw a woman driving around with a body on the roof of her car.

Mbatha, 26, who had been off duty, died in hospital after he was struck by a vehicle on the evening of April 14, 2012, and was later found near Musgrave Centre.

Nolwazi Nzimande has been charged with Mbatha’s murder, defeating the ends of justice and contravening sections of the Road Traffic Act for failing to stop, failing to report the accident and for failing to assist the injured.

Her co-accused, US national John Solomon, who now lives in South Africa, has been charged with defeating the ends of justice and being an accessory to murder after the fact.

Solomon and Nzimande have pleaded not guilty.

On Wednesday, Jonathan Aschmann testified that he was travelling in a vehicle in Berea Road when he noticed a blue Polo with something on its roof.

“It appeared to be a body, but it was dark and I was not sure.”

When the car he was in stopped alongside the Polo at an intersection, he saw that it was the body of an African male on the roof.

“I could not really believe what I was seeing. The windscreen was dented and the man was hanging over the side of the car.”

He said the driver of the Polo was an African woman, who was talking on her cellphone.

Aschmann said he did not report the matter to the police at the time because he was in shock. He later responded to a Facebook post in which a metro police officer had posted details of the incident.

“I sent the officer a message and asked if I could help because I had seen it.”

He said during cross-examination that he had not taken down the number plate of the blue Polo and could not describe the driver of the vehicle.

He said there had been no passengers in the car.

The trial continues.

The Mercury

A 2-year-old girl burned to death in her home in Emvundlweni village just outside Edendale.

Durban - A 2-year-old girl burned to death in her home in Emvundlweni village just outside Edendale on Wednesday.

The toddler, Sinakonke Mahlaba, and her 3-year-old brother, Ziphosonke, were believed to have been at home with their partially blind grandfather, Joseph Zondi, when the fire started.

Firemen at the scene told the Daily News that investigations indicated the children had been playing with matches, which started the fire.

Zondi, 83, told firemen that he had been home alone with the children while his wife went to town.

He said he had been taking a nap when the fire began and was woken by Ziphosonke’s screams.

The elderly man quickly picked up Ziphosonke and rushed him out of the already burning house.

By the time he had managed to get the boy to safety, the house became engulfed in flames and he was unable to get back inside to save his granddaughter.

The child’s body was recovered by the police’s search and rescue unit.

The children’s father, Bonginkosi Mnikathi, said he was devastated.

“I still can’t believe this has happened,” said the emotional father.

“My mind is only thinking about what a painful, scary death my child suffered. I don’t know what to say. I am in so much pain.”

The children were living with their grandparents because of their parents’ work commitments.

Fire department spokesman, Nathi Mchunu, confirmed that indications strongly pointed to the fire having started in the children’s bedroom where matches were found.

The investigation is ongoing.

Daily News

Greyville will swop flying hooves for flying aces next month, when the Durban race course hosts the Sky Grand Prix of Aerobatics.

Durban - A whole new brand of daredevils will jockey for position at Greyville next month when the Durban race course hosts the Sky Grand Prix of Aerobatics.

The promoters hope a crowd of more than 10 000 will pack the course for the May 28 event, which is being billed as a contest between “Gladiators of the Sky”.

Thrills aplenty are expected with 10 of the world’s top pilots jousting it out, performing a series of breathtaking manoeuvres about 25 metre-high pylons above the Royal Durban Golf Course.

A panel of judges will scrutinise the pilots’ moves to choose the champion, while spectators will get a prime view of the competition - akin to watching “gladiators at the colosseum”, said Sky Grand Prix chief executive, Roger Deare.

Beyond staging a spectacular show on the day, the organisers said they hoped it would become an annual event and add to the Durban events calendar, boosting local businesses and tourism and creating jobs.

The Sky Grand Prix features a star-studded line-up of local and international aerobatic pilots.

The rose among the thorns, France’s Aude Lemordant, 33, was crowned the Unlimited World Champion in 2013 and the European Freestyle Champion 2012.

Lemordant first flew in a glider at the age of 14. She was awarded her glider’s licence the next year and her private pilot’s licence, two years after that.

She began flying in aerobatic competitions in 2005 and joined the Breitling team in 2014.

Then there is American Rob Holland, who has been a full-time airshow pilot for 15 years and is known as something of a maverick in the industry.

“One of my goals is to take aerobatics to the next level,” he said. “I want to push the limits of what can be done.”

Holland boasts several titles, including three time World Freestyle Champion, five time US National Aerobatic Champion and 2008 World Advanced Aerobatic Champion, to name a few.

Flying the flag for South Africa is last year’s Aero Club of South Africa’s Pilot of the Year, Patrick Davidson. At 33 he has twice been named South African Unlimited Aerobatic Champion and was placed third in the World Advanced Aerobatic Championships.

Other South Africans featured include Nigel Hopkins, Neville Ferreira, Mark Hensman and Barrie Eeles.

Poland’s Artur Kielak, the UK’s Gerald Cooper the USSR’s Mikhail Mamistov are also representing their countries.

The Grand Prix will serve as a precursor to the annual Daily News 2000 horse race, which will take place after the action in the air.

The Daily News 2000 is well known for being a good indicator of which horses to watch out for in the Vodacom July.

In 2014 Legislate won the Daily News 2000 and went on to win the July. He is one of many horses to have done this.

Deare and fellow organiser Nigel Hopkins said they would pull out all the stops for the Grand Prix and confirmed that the event had been sanctioned nationally and internationally by aviation bodies and approval had been obtained from local authorities.

Tickets are available through Computicket and will also be available at Greyville on the day.

Prices are R250 for adults and R75 for children under 12.

The origins of aerobatics

Aerobatics (a portmanteau of aerial-acrobatics) is the practice of flying manoeuvres involving aircraft at altitudes that are not used in normal flight.

It is performed in planes and gliders for training, recreation, entertainment, and sport.

The sport developed after World War I when unemployed American pilots returned home from the war in Europe.

By the early 1920s, pilots with ragtag war-surplus biplanes were hip-hopping all over the rural landscape, selling cheap rides and flying lessons.

The particular American talented hucksterism, which gave birth to the travelling medicine show, the Wild West show, and showman PT Barnum, also spawned the nomadic art of “barnstorming”.

Hollywood films about wartime flying proved popular, giving rise to a new occupation: the movie stunt pilot, which gave some of the top surviving “aces” gainful employment and a small opportunity to relive a little of their wartime celebrity status.

* Source: Model Aviation and Wikipedia.

Daily News

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KZN’s Cooperative Governance Department dispatched disaster management teams to three remote northern municipalities to help communities in the wake of a storm that ravaged the area.

Durban – KwaZulu-Natal’s Cooperative Governance and Traditional Affairs Department (Cogta) announced on Thursday that it had dispatched disaster management teams to three of the province’s remote northern municipalities to help communities in the wake of a storm that ravaged the area.

Gogta spokesman Lennox Mabaso said the affected municipalities were Ulundi, uPhongolo (Pongola) and Abaqulusi (Vryheid).

He said that a child was killed and homes destroyed in the storms.

The region has been severely affected by the drought in recent months.

“The KZN Cogta is working closely with other government departments, including Social Development and Human Settlement, Education, to assess damage to private property and public infrastructure and to dispatch help to the affected families and communities,” said Mabaso.

African News Agency

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Durban residents are not saving enough water to meet the water reduction target, says the eThekwini council’s water chief.

Durban - Durban residents were not saving enough water to meet the city’s 15% water reduction target, said the council’s water head.

In a presentation to the business sector, hosted by the Durban Chamber of Commerce, Ednick Msweli said the city was struggling to meet one-third of the target.

“You can talk as much as you want, but people do not change,” he said.

Msweli said the municipality would carry on with campaigns to tell people to preserve water, though this seemed ineffective.

“We tried voluntary water restrictions, but it did not work,” he said.

He told businessmen and women the city had installed water restrictors at 10% of households in eThekwini - in the Welbedacht, KwaDabeka, Ntuzuma and KwaMashu areas.

Removing these could lead to fines as that would be a contravention of the city by-laws.

A businessman told the city on Wednesday it should have been better prepared to deal with the water problems, as the problem had been looming since 2002.

“We have been talking for years about the loss of water and the ageing infrastructure causing us to lose water. We have all this data flying around, but it means nothing if you do not do anything. I don’t believe this matter is taken seriously,” he said.

Msweli said the water crisis could not be avoided, and put part of the blame for the poor rainfall on the El Nino weather phenomenon which he said was linked to the drought.

But he accepted that investment in the water department had initially been poor and that it had outsourced a lot of work.

sihle.mlambo@inl.co.za

Daily News

Several Ethekwini councillors described a new by-law as “racist” and “unreasonable”, oblivious to the fact that they themselves had passed it into law.

Durban - Ethekwini councillors - the municipality’s lawmakers - are sleeping on the job.

This was the conclusion on Thursday when several councillors described the infamous new nuisance by-law as “racist” and “unreasonable”, oblivious to the fact that they themselves had passed the policies into law.

The by-law came into effect on March 11.

The remarks drew awkward laughs from shocked city officials and a few informed councillors, who had to salvage the embarrassing situation.

It all started when metro police deputy head Steve Middleton briefed councillors in the city’s community and emergency services committee on challenges faced by his department when trying to police the by-law, a month after its implementation.

Calls for a review of the by-law rang out in the meeting venue as Middleton gave his briefing. It could now ultimately be scrapped.

Vincent Kunju of the ANC fired the first salvo. He said: “What worries me is that as he presents this, there are elements of discomfort because it appears to be targeting our people. Blacks are the most affected. This by-law needs to be reviewed.”

NFP councillor Angel Mthembu concurred, saying the by-law “doesn’t sound right”.

“You will never find white people urinating on the side of the road ... This is going to land us in trouble. Sir, if this by-law is not yet implemented, please don’t do it.”

Mzonjani Zulu, also an NFP councillor, said it would be unwise to implement the by-law before the August 3 local government elections.

“Can we pause a bit, refer the by-law to the committees and caucuses and then bring them back? As they are currently, they are certainly going to hurt us come election time. How do we explain this oppression to our people?” he said.

Deputy committee chairwoman Nokuthula Makhanya-Sibiya reminded councillors that the by-law had been discussed by the committee and already implemented.

“Maybe we deliberated on them, but we perhaps didn’t extensively dissect them. Maybe Steve (Middleton) is just going into much deeper details which are making us have another view. We can change our minds, it is our right to,” she said.

The DA’s Martin Meyer emphasised that the by-law had been workshopped in Ballito “more than a year ago”.

Middleton said even though the word was “slowly” getting out to the public, some of the infringements in the by-law were difficult to police. “You (councillors) all approved this by-law, but some of the laws are really impractical to police.”

He said the city needed to have “a balance between by-law enforcement and the social aspect”.

Citing challenges, he said the SAPS “have not updated their systems as yet to cater for the by-law”, despite an agreement to do so.

There was also “a directive from the SAPS provincial commissioner indicating that SAPS must carry out by-law enforcement in future”.

Another challenge was the National Prosecuting Authority’s leniency towards offenders, with Middleton saying this “heavily demoralises” officers. Prosecutors, he said, cancelled and/or withdrew summonses or declined to prosecute.

He provided statistics for the past five days, saying officers had issued 150 summonses for drinking in a public place. About 350 summonses for other infringements had been issued.

Councillors also questioned the role of the legal department in the implementation of the by-laws, saying the department should have been aware of the metro police’s challenges with the NPA and SAPS.

Legal adviser Muhammed Oomar said the department drafted by-laws from instruction from departments.

“When we draft by-laws, it is not in isolation. We draft them in consultation with the department that is going to be the custodian of the by-law. We are not experts on metro police, or health or any department,” he said.

He added that the public was consulted before the by-law was implemented.

“Only once a product is tested do these gaps and challenges arise. We are now put in a position to try to address it,” he said.

Public place infringements and the fines they carry:

* Fighting – R1500

* Urinating – R500

* Bathing – R500

* Washing clothes – R500

* Spitting – R200

* Consuming liquor or being in a state of intoxication – R2 500

* Begging – R200

* Loitering – R2 500

* Allowing any tree or growth on premises to interfere with communal services – R1 500

* Climbing a tree growing in a public place – R1 000

* Drying, spreading or hanging washing on a balcony or veranda in such a way that it is visible from a public road – R500

* Blowing, or causing to be blown, the hooter of a motor vehicle in a public place which creates a nuisance – R1 500

* Skating on roller-skates or a skateboard or similar device – R250

* Appearing in the nude or exposing one’s genitalia in a public space – R3 000

sihle.manda@inl.co.za

@Sihle_MG

The Mercury

Though the labour dispute at the harbour has been resolved, some fuel stations are still in the dark.

Durban - The backlog of trucks on roads leading to Transnet’s container terminal in Durban Harbour is gradually clearing after the alleged labour dispute which led to a work stoppage was resolved.

There was no activity at Pier 1 of the terminal on Tuesday and access was blocked on Wednesday. On Thursday night Brenda Magqwaka, the container terminal’s general manager, told The Mercury: “The work stoppage has been resolved and the terminal is functioning normally. Transnet Port Terminals continually reviews operational processes to smooth the flow of traffic to and from the terminals and improve truck turnaround times.”

Magqwaka said Transnet was in “constant consultation” with its customers about the situation, but filling stations phoned by The Mercury yesterday said they were in the dark about fuel supply.

The work stoppage had come as a result of a go-slow by Transnet truck drivers who blocked the entrance to Durban Harbour.

It’s believed workers at the Durban container terminal went on strike this week, apparently because of labour issues at Pier 1 on the 6am shift on Tuesday. This disrupted services at the habour.

Harbour Carriers Association KwaZulu-Natal chairwoman Sue Moodley said they were advised that negotiations with workers were under way and the port had expected a decision on Thursday. Moodley said it was expected that it would take two days to clear up the congestion.

RESERVES

The Mercury phoned a few filling stations around Durban that confirmed they had not received their supply of fuel on Wednesday or Thursday.

A BP garage in Ballito said they had last been delivered petrol and diesel on Wednesday morning and their reserves were drying up quickly. Having missed two supplies, they said if they did not receive fuel on Friday they would be forced to close.

A manager at Arena Park Service Station, who did not give her name, said the BP garage in Chatsworth had also not received its order.

“We are going to run out of petrol sooner, rather than later. We need to know what is happening. Nobody is telling us anything,” she said.

Moore Road Service Station in Glenwood, Araf Fuel Centre in Rossburgh, and BP West Street in the CBD said they had received their normal supply of fuel.

Reggie Sibiya, the chief executive of the Fuel Retailers Association, said fuel reserves at a number of sites in Durban were running dry. He said on Tuesday night after the disruption of services, 21 loads of BP fuel and eight loads of Shell fuel were not sent out.

He said the issue lay with container truck drivers disregarding instructions to queue in the emergency lanes while waiting for access to the port and overtaking the queue by remaining in Bayhead Road. He told The Mercury that major petrol companies stood to lose millions.

The Mercury