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Man killed in robbery at Durban mall

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A man was robbed of an undisclosed amount of cash and shot dead outside the Chatsworth Mall.

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– A man was robbed and shot dead outside a Durban shopping mall on Monday.

Police spokeswoman Lieutenant Nqobile Gwala said that the man was accosted outside the Chatsworth Mall by three men.

“He sustained two shot wounds to the head and two on the leg. An undisclosed amount of cash was taken by the suspects,” she said.

Gwala said that murder and robbery charges had been opened at the Chatsworth Police station.

Netcare 911 spokesman Chris Botha said that the man had died before paramedics arrived on scene and was declared dead by paramedics on scene

African News Agency

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Elderly couple attacked on farm

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An elderly couple was attacked by two heavily armed men on their farm near Nottingham Road, in the KwaZulu-Natal Midlands.

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Durban - An elderly couple was attacked on their farm near Nottingham Road, in the KwaZulu-Natal Midlands, on Sunday night.

At about 10.30pm the man, 76, and his wife, believed to be in her seventies, woke to two heavily armed men standing over them, police spokesman Lieutenant Nqobile Gwala said.

The men threatened the terrified couple and demanded cash, before tying them up and ransacking their home.

They made off with a shotgun, jewellery, cellphones, an Isuzu bakkie, cash and clothing.

A case of house robbery was opened but no arrests had been made by Monday morning, Gwala said.

ER24's Chitra Bodasing said paramedics attended the scene and that the couple had struggled to free themselves before they were able to call for help.

Both had suffered head injuries and bruising to their wrists, Bodasing said.

Daily News

Sheriff hunts flighty Sparrow

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Penny Sparrow, whose post likening black people to monkeys unleashed a backlash, is in hiding, making it difficult for the sheriff to serve court papers filed by the ANC.

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Durban - Penny Sparrow, the South Coast woman whose post likening black people to monkeys unleashed a backlash, is in hiding, making it difficult for the sheriff of the court to find her to serve court papers filed by the ANC.

The ANC’s attorney, Peter Williams, said the deputy sheriff of the court was having difficulty in serving the papers on Sparrow on behalf of the party seeking relief because she could not be traced and her Facebook page had been closed.

“The deputy sheriff said he communicated with Sparrow’s daughter who refused to accept the court papers on behalf of her mother. She only said her mother was in Johannesburg and would be returning shortly.

“The daughter has in all likelihood informed Sparrow the sheriff intends to serve the ANC’s application on her, and it is possible she may wish to avoid service of the documents,” Williams said.

He said a tracing agency was appointed to find Sparrow and it had only been able to find her daughter, Charmaine. “There was an idea of serving the papers via a Facebook message but the plan was aborted because it was discovered she had since closed her Facebook page.”

In January, Sparrow wrote on her Facebook wall: “These monkeys that are allowed to be released on New Year’s Eve and on to public beaches, towns etc obviously have no education whatsoever. So to allow them loose is inviting huge dirt and troubles and discomfort to others.

“I’m sorry to say I was among the revellers and all I saw was black on black skins what a shame. I do know some wonderful thoughtful black people. This lot of monkeys just don’t want to even try. But think they can voice opinions about statutes and their way.

“Dear oh dear. From now I shall address the blacks of South Africa as monkeys as I see the cute little wild monkeys do the same pick drop and litter.”

On January 19, the ANC launched a complaint against Sparrow in the Equality Court in KwaZulu-Natal, in which it claimed her Facebook posts were racist and constituted hate speech as defined in the Promotion of Equality and Prevention of Unfair Discrimination Act.

On March 15, magistrate V Hlatshwayo granted an order in the Umzinto Magistrate’s Court for documents to be served on Sparrow by way of substituted service through publication in various newspapers.

The application was brought by the ANC after several attempts to have documents served on her proved fruitless.

In its founding affidavit, the ANC said there could be no doubt the word “monkeys” was based on one or more of the prohibited grounds contained in the Equality Act and was a reference to the race, colour, ethnic or social origin of black (African, coloured and Indian) people in general; that it undermined their human dignity and that it was both hurtful and harmful.

The ANC said it had launched the application in terms of Section 20 of the Equality Act on the basis that Sparrow’s actions, if left unchecked, could escalate and lead to others taking the same liberties, resulting in possible retaliation.

Daily News

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4 killed execution-style at KZN hostel

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According to the KZN MEC for Transport, six men entered a hostel in KwaMashu and shot their victims execution-style.

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Durban - Four people were killed execution style at KwaMashu’s men’s hostel on Sunday.

KwaZulu-Natal MEC for Transport, Community Safety and Liaison, Willies Mchunu, said six men entered the hostel block, forced the victims on the ground and shot them.

It was not clear what the motive was, he said.

“We are very disappointed at this terrible development which occurs at a time when we were seeing strong signs that this area was stabilising after the government had invested a lot of time and resources to bring about lasting peace at the hostel.”

KwaMashu police were investigating cases of murder.

Mchunu called on hostel residents to exercise restraint.

He said it was sad that this had happened during the voter registration weekend.

Police today confirmed that the four, aged between 24 and 33, were shot by unknown suspects.

“Three sustained wounds on the back and one on the face,” said police spokesman, Major Thulani Zwane.

Daily News

6 dead, 12 hurt as taxi ploughs into car

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Six people died when a minibus taxi ploughed into a stationary car and rolled several times in Pietermaritzburg.

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Durban - Six people were killed when a minibus taxi ploughed into a stationary car and rolled several times in Pietermaritzburg on Monday.

ER24 spokesman Werner Vermaak said that apart from the six people who were killed, a further 12 were injured.

The accident on Sweetwaters Road in Pietermaritzburg’s Prestbury suburb happened shortly before 8am.

Sources at the accident scene, who spoke to African News Agency (ANA) on condition of anonymity, said that it was alleged that the minibus taxi had come around a corner, colliding side on with a stationary Toyota Lexus. It then rolled several times, during which passengers were flung from the minibus taxi.

Robert Mckenzie, spokesman for the KwaZulu-Natal provincial Emergency Medical Service said that eight of the injured were in a serious condition, while four sustained minor injuries.

Zinhle Mngomezulu, spokeswoman for the KwaZulu-Natal Road Traffic Management Inspectorate said that she could not immediately comment and that a statement would later be issued from the office of Willies Mchunu, the MEC for Transport, Community Safety, and Liaison.

African News Agency

EThekwini to buy ex-brothel for millions

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Despite the Inn Town Lodge being used as a brothel, and being central to a criminal case related to human trafficking, the eThekwini Municipality originally agreed to pay R7.5 million for the property.

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The eThekwini Municipality agreed to pay an inflated price of R7.5 million for a back-of-beachfront building once used as brothel, it emerged in court papers last week.

And while it later negotiated the price down to R5 million, it seemed to pay no heed to the fact that the Rochester Street property was under attachment by the Asset Forfeiture Unit and is still under threat of forfeiture to the state.

The property is owned by Valor Trade 94 Pty Ltd, whose sole director is Umhlanga doctor Genchen Rugnath.

Last month Rugnath and his wife, Ravina, were cleared of charges of human trafficking, racketeering and running a brothel after a mammoth and expensive trial in the Durban Regional Court, the magistrate ruling there was no evidence that they knew a brothel was operating from their Inn Town Lodge.

Their co-accused were convicted of a host of charges relating to a prostitution ring operating from there and will be sentenced next month.

The city’s deal to buy the property and one at 106 Anton Lembede (Smith) Street - owned by another of Rugnath’s property holding companies, Zelpy 1133 - is detailed in an urgent Durban High Court application launched this week for an interim order preventing Rugnath from selling the properties.

This is pending the outcome of a legal dispute between him and a property investment company, Everett Investments, which claims it bought the two properties from Rugnath in 2013 - apparently when he desperately needed money for legal fees - and sold them on to the city for what it admits was a “substantial profit”.

Rugnath has now refused to sign transfer to Everett and, it is alleged, is trying to do a deal with the city himself.

In his affidavit before Judge Kate Pillay last week, Everett’s Poobendren Pillay says the firm bought the Rochester Road property for R5 million and initially sold it to the city for R7.5 million. It bought the other property, also being used as a lodge, for R15 million and sold it on for R33 million in terms of agreements signed with Durban city manager Sbu Sithole in March 2013.

But the deals hit a big snag when the city realised it had paid too much, contending, for example, that the former brothel was only worth R2.5 million.

While the city went as far as to allege fraud, the company denied this.

“There was nothing irregular … we just managed to secure the purchase on more advantageous terms … we were bargaining well,” Pillay said. According to Pillay “a compromise was reached” and the city agreed to pay R5 million and R24 million for the properties, “more than it claimed they were worth, but less than originally agreed”. This deal was signed in December last year, but Rugnath was refusing to allow transfer to Everett so the company could fulfil its obligations to the city.

Pillay said he believed Rugnath was in “dire financial straits” and had purported to cancel the agreement so he could negotiate his own sales with the municipality.

“He was aware of the litigation with the city … he can see the advantages of selling the properties directly,” he said.

Rugnath is opposing the application but has yet to file papers. However, his attorney, in a letter attached to the court papers, claims the agreement was cancelled because of “non-performance” and a dispute over the sales prices. The alleged sale to the city is “unlawful and void”, the attorney says.

Pillay says if the company cannot give transfer, it could face a damages claim from the city “and it will then not be feasible for us to contend that the properties are not worth what the municipality has agreed to pay for them”.

He said while it could be suggested that the company could then claim damages from Rugnath, his financial predicament would make this impossible.

Advocate Kenneth Samuel of the Asset Forfeiture Unit has confirmed in an affidavit that a forfeiture application against the Rochester Street property is still pending because it was not dependent on the criminal conviction of Rugnath.

In terms of an order taken by consent this week, Rugnath may not do anything “which might be prejudicial” to Everett’s rights pending the final outcome of the litigation.

The city declined to answer any questions, including what it intended to do with the properties, saying the matter was before the court and sub judice.

Timeline

March 2012: Doctor Genchen Rugnath and his wife, Ravina, are arrested on charges of running a brothel from their Inn Town Holiday Lodge in the South Beach area.

January 2013: The trial begins in the Durban Regional Court. The couple, along with Sandile Zweni, Nduduzo Dlamini and Bhabha Dubazani, plead not guilty to 156 charges they collectively face.

March 5, 2013: Rugnath gives P R Maharaj Attorneys a mandate to sell the property and another he owns in Anton Lembede Street, also being used as a lodge’.

March 8, 2013: Rugnath signs the sales agreements with Everett Investments CC which agrees to pay R5 million for the former brothel and R15 million for the other property. Everett lodges a deposit of R1 million with P R Maharaj Attorneys which is also held by them as commission’ for the deal.

March 20, 2013. City signs a deal to buy the two properties for R7.6 million and R33 million respectively. In the agreement, the city acknowledges that it has done all due diligence’ including a valuation in respect of the property.

March 28, 2013: State obtains a preservation order against the former brothel, labelling it an instrumentality of an offence’. Between the latter part of 2013 and December 2015 the city litigates with Everett about the prices. In terms of a settlement agreement signed on December 9, 2015, it agrees to pay R5 million for the former brothel and R24 million for the other property.

December 2015: Rugnath says he has no money and asks that the R1 million deposit’ be released to him as a loan.

January 2016: This is refused after Rugnath indicates to Everett that he wants to renegotiate the deal.

March 14, 2016: Rugnath’s lawyers write to Everett placing on record unhappiness about the price and insisting the deal is off and Everett’s agreement with the city is unlawful. March 17, 2016: Rugnath and his wife are acquitted of all charges. Their co-accused are convicted.

March 24 2016: Rugnath’s lawyers write to the city’s lawyers asking whether “your client would be willing to negotiate directly with our clients”.

Daily News

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Outrage over ex-principal R5m fraud charge

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A school governing body is expected to meet to discuss the R5 million fraud charge against its former headmaster.

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Durban - The Glenwood High School governing body is expected to meet on Monday night to discuss the R5 million fraud charge against its former headmaster, Trevor Kershaw.

Governing body chairman, Robert Young, told the Daily News on Sunday that the meeting would be a closed session.

Young said a new school governing body had been installed three weeks ago and it was the previous school governing body that uncovered the alleged fraud after a forensic investigation.

Stunned parents and old boys have reacted with dismay at the news of Kershaw’s alleged fraud, being investigated by the Durban Commercial Crimes Unit.

Some took to Facebook, saying Kershaw’s 16-year legacy at the school had been tainted by the allegations.

Kershaw was arrested on Friday morning and appeared briefly in the Commercial Crime Court that day.

Dressed in a black suit and tie, he was escorted into the courtroom by investigating officer, Colonel Piet du Plooy.

Prosecutor Wendy O’Brien told the court that Kershaw had to be arrested before investigations could be finalised because he was considered a flight risk.

She said Kershaw had put his Westville house up for sale and also had dual British-South African citizenship.

She referred to media reports quoting him saying he would leave the country and seek employment in the UK or Dubai.

According to the draft charge sheet, irregular expenditure was discovered at the school after a forensic investigation revealed that a total of 1 577 irregular payments to the value of just more than R5m had allegedly been paid to Kershaw over the period January 2007 to December last year.

O’Brien said Kershaw notified the Department of Education of his resignation in December and informed the governing body in January.

It is further alleged, based on the forensic investigation, that “Kershaw was evading tax on his remuneration by submitting falsified claims under the misrepresentation that they represented school expenses”.

He was granted R100 000 bail with strict bail conditions that included reporting to the Westville police station twice a week; and that he not enter the school, nor speak to the staff or members of the school governing body. He has also handed over his UK and SA passports to authorities.

He was expected back in court on June 21.

Angry parents, old boys and school supporters took to the school’s Facebook page at the weekend to voice their dismay after the school governing body published a statement about the investigation.

In the statement, Young said they were exploring ways to recoup the money.

“In addition the governing body has instructed Venns Attoreys to peruse the auditors’ report in order to establish whether it would be appropriate for civil action to be instituted to recover any monies that may be due to it,” he said.

“The headmaster has denied any wrongdoing, and in the interest of the preservation of the school funds, the governing body resolved to engage in the services of external auditors to carry out a forensic investigation to establish the true position,” Young said.

The school said it would pronounce at a later stage on steps it would take on a possible civil claim against Kershaw.

Muzi Mahlambi, spokesman of the KwaZulu-Natal Department of Education, said the department was conducting a concurrent investigation.

When the Daily News learnt of Kershaw’s resignation on February 23, he said his early resignation from one of the top schools in Durban was so he could spend time with his wife and cash in on retirement benefits.

He also indicated he wanted to teach abroad.

Kershaw said at the time via e-mail: “I have had an absolute ball here at Glenwood and would do it all again if I could. I leave with a heavy heart, but my plan was always to leave when I turned 55 - I did so in November of 2015 - for retirement benefits.

“I have been trying to read for my Master’s degree for a couple of years now and have not done it justice. Hence my decision is to try and get it back on track.

“Then I want to try and teach in a different part of the world. I also really do want to spend more time with my wife as Sue deserves that as the mother of my wonderful sons. I have been married to Glenwood for too long now and it is time to re-marry my wife - I hope she wants to.”

The Glenwood Old Boys Association chairman, Graham Oberholzer, was unavailable for comment because he was out of the country.

Reaction from parents

Parents and old boys, commenting on social media on the fraud charges against former Glenwood High School principal Trevor Kershaw, seemed to agree his legacy of 16 years at the school had been tainted.

There were more than 160 comments and more than 360 shares of the school’s Facebook announcement of the probe into Kershaw.

Shaz Moosa: “So terribly devastating for our boys who looked up to him as a mentor and gave him the utmost respect, which he naturally commanded.

“I will continue to have faith in the school and trust in plausible recovery.”

l Phili Sabela: “I thought he was resigning because he wanted to finish his Master’s degree and wanted to spend time with his wife. This is shocking.”

l Sharon Scott-Bransby: “My son matriculated last year and he commented on all the talks they got about integrity and being a good man, we all hope that it is not true and a mistake.

“… All the good that he did for the school will now be forgotten even if he is found innocent. This will be what people remember about him, very sad.”

l Rodney Jingle-Jangles: “Way to state your moral standpoint, Glenwood High School. Bit disappointing for us who matriculated during his reign.”

l Lydon Cadle: “This news has cracked the foundation of my education.”

l Fay Horack: “Surely external audits should have been done annually.”

l Andrew Gerber: “Absolutely shocked to the core when this news first broke.

“But I’m sorry, I still say that independent audits of school financial affairs should be done far more often as there is plenty of ‘funnies’ going on in many of the top schools.”

sihle.mlambo @inl.co.za

noelene.barbeau@inl.co.za

Daily News

‘How I was saved from KwaMashu massacre’

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A walk to borrow money to buy maize meal saved Thobani Mhlongo's life as gunmen entered his house at the KwaMashu Hostel and shot his four relatives.

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Durban - A walk to borrow money to buy maize meal saved Thobani Mhlongo’s life as gunmen entered his house and shot his four relatives, execution style, a minute after he walked out on Sunday evening.

Mhlongo, 21, said he had walked a short distance out of his shared house at the KwaMashu Hostel when a group of men came by. He said he did not pay much attention to the strangers, but was shocked to hear multiple gunshots coming from where he had left his brother and three relatives.

“I was going to a relative to borrow money to buy maize meal. Had I not left the house I would be counted among the dead,” he said.

Also read: 4 killed execution-style at KZN hostel

The shooters killed Mhlongo’s brother Mzokhona Mhlongo, 23, his cousins Sbekezelo Ntshangase, Khanyisani Shandu, 25, and Zamokwakhe Mhlongo, 35 who were all from Empangeni.

“When I heard the shots I ran as fast as I could calling for help. I later came back and found that my brothers had been shot,” he said.

Independent Media journalists arrived at the victims’ house to find a contingent of police officers collecting statements.

Inside the house the floor was wet with water used to clean blood.

IFP local leaders arrived and said that the deceased were party activists.

Murders at the notorious hostel were seemingly no longer a shock to residents, as one them calmly said: “I heard about it, but it is nothing new because such things happen very often.”

Mhlongo’s elder brother Kwenza Mhlongo, who lived a few blocks away from the scene, was in his relatives’ house about 30 minutes before the shootings.

“We all had just returned from Bridge City where we did some shopping. I stayed for about 20 minutes before I left. I later received a call informing me about the shooting,” he said.

He said he rushed back to the house but onlookers prevented him from going inside.

“They told me that they feared that some of the shooters might be there. They also told me that my wounded brother (Zamokwakhe) tried to get up as the attackers were leaving, but one attacker went back into the house saying that dog is not dead, before finishing him off,” said Kwenza.

A neighbour said she did not hear the noise from gunfire as her radio was on very loud.

“I was shocked,” she said. “I last spoke to the deceased in the morning. These boys were very nice and friendly. They would help me. They would apologise wherever I shouted at them for making a noise,” she said.

Police spokesman Major Shooz Magudulela said three men had been shot in the back of their heads while another one was shot in the face. ”The motive is unknown at this stage,” he said.

IFP co-ordinator in Ward 39, Sipho Nzungu, said the death had “robbed the IFP of valuable and active members”.

The Mercury


Right or wrong: #Blesserfinder site gains in popularity

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A Facebook page called Blesserfinder, where women - mostly young - are matched with rich “benefactors”, has got people talking.

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Durban - A Facebook page using the name Blesserfinder, where women - mostly young - are matched with rich “benefactors”, has got people talking.

The page, categorised as a dating site, currently has nearly 11 000 members and its numbers increase daily.

There are also pages called Blesserfinder Mzansi and Blesserfinder Lesotho.

Administered anonymously, they are updated with offers from those who want to “bless” others and requests from those who want “blessings”.

The term “blessing” is generally associated with God and divine provision, but in this community it has a totally different definition, referring to luxurious perks and, often, sex.

The trend apparently started on social media, where unemployed women posted about their expensive lifestyles, claiming they had been “blessed”.

This led to social media users asking the girls who their “blessers” were.

The description of one of the pages reads: “A blesser is a new trend. Why suffer as if you are not beautiful enough to be blessed? Enjoy yourself, and don’t let people judge you.”

The page’s cover picture is of a plane and a Range Rover SUV. It gets updates frequently and the number of likes and comments is overwhelming.

“Blessers” send an inbox message to the pages. They then make an offer describing the kind of person they want. They explain the body features and age they want, and also how much payment is proposed for a month or a holiday.

The name and profile picture of the blesser are not revealed. The posts start with the words “Advert Alert”, then a screen grab of the description of what they want. Those interested in being “blessed” respond and are hooked up with the “blesser”.

Most of the “blessers” describe themselves as travellers, who go on domestic and international trips and need women to go with them. They buy expensive clothing and shoes for the women and they go to fancy restaurants.

Last week the Blesserfinder page posted that it was inclusive and was also open for same-sex hook-ups.

The Mercury tried speaking to the page administrator, but an automatic message read: “Thank you for you interest. We are currently experiencing higher than normal inbox volumes.”

The Mercury spoke to some female students who have used the page.

“I was introduced to the page by a friend who has been blessed with a trip to Cape Town. I am a bit scared to go away with a stranger and that is why I prefer being pampered with gifts and taken to high-class restaurants here in Durban,” Pinky Nkwanyana said.

Another student, who did not want to be named, said: “This thing has just been given the term ‘blesser’, but it has been happening for ages. I do not feel cheap or shameful, I am just enjoying my life.”

Twitter user @handful_K said: “Oh my goodness just looked up the page, shocking and sad…”

@jazzysalvador2 wrote: “Prostitution the oldest profession in the world. It keeps changing to fit the times. Prostitution is dynamic.”

The Mercury

ANC women call on Zuma to hang in there

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At an early birthday celebration for President Zuma, the ANC Women’s League in KZN said they had faith that he would emerge from this situation.

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Durban - The ANC Women’s League in KwaZulu-Natal called on President Jacob Zuma to hang in there, saying many people faced challenges, and this too would pass.

The league said they had faith that the president would emerge from this situation as he had outfoxed difficult situations in the past.

It has also accused church leaders of being hypocrites, not behaving like Christians, and has stopped just short of calling on the clergy to mind its own business.

Read: ANC women call on Zuma to hang in there

This was in response to the clergy’s calls to reject Zuma’s apology after the recent Consitutional Court ruling, with some calling for his removal from office.

Provincial treasurer Barbara Thompson, speaking at an early birthday celebration for Zuma hosted by the league at the ANC provincial offices on Monday - at which Zuma was not present - said the league was concerned about utterances by church leaders.

It has been a difficult time for Zuma, who turns 74 on Tuesday. Since he was found by the Constitutional Court to have failed to uphold the constitution, he has faced growing calls to stand down.

Civil society, churches included, have been among the loudest.

Thompson said church leaders were compromising religion with their calls and if they continued on that path, there would be no point to religion, and they might as well close shop.

Her remarks appear to be part of a push-back campaign against voices critical of the president.

“We have been noticing with alarm that many church leaders have been saying that they reject the apology by President Zuma. These people go to church and pray, “Our Father”; there is a part about forgiveness.

“The pastors - I am not sure whether they represent the views of their congregants - have been going out there saying they will not be forgiving President Zuma,” she said.

“We all accept that Nkandla was a project that went wrong, and President Zuma as our first citizen takes responsibility. But for the churches to go out there and say they are not accepting the apology is dangerous.

Thompson said some of the church leaders at the forefront of the calls against Zuma were “known” to the ANC.

She said the behaviour of churches coming together looked conspiratorial.

“They are coming together, it should not be like that.”

KwaZulu-Natal ANC deputy chairman Willies Mchunu, also MEC for Transport, Community Safety and Liaison, said the decisions taken by the party’s national executive committee and national working committee to stand by Zuma were correct.

Attempts to speak to the SA Council of Churches on Monday were unsuccessful.

The Moses Mabhida region also affirmed its support for the president on Monday, saying there was nothing in the judgment that warranted his removal.

Secretary Mzi Zuma (no known relation) said they had studied it and found “there is no point that talks to the president as unfit to run the country or having breached his oath of office; only the counter-revolutionary forces are fabricating this absurd notion and consequently misleading the nation”.

“The president humbled himself by apologising.

“We at Moses Mabhida region accept his apology without reservations,” said Zuma.

thami.magubane@inl.co.za

The Mercury

Businessman shot dead moments afer leaving bank

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A businessman was gunned down by robbers moments after stepping out of a bank at the Chatsworth Centre, south of Durban.

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Durban - A businessman was gunned down moments after stepping out of a bank at the Chatsworth Centre, south of Durban.

Three armed men approached the businessman in the parking area and shot him twice in the forehead and twice in the leg, said police spokeswoman Lieutenant Nqobile Gwala.

Police said an undisclosed amount of money was taken by the three men, who fled in a bakkie. The incident took place just before midday on Monday.

Gwala said charges of murder and robbery were open­ed at Chatsworth police station.

Police have not released his name, but he is believed to be the owner of a bottle store in Yellowwood Park. It is alleged he went to the bank to withdraw a large sum of money.

Private security company Ezweni spokesman Nishalin Pillay, who was at the scene shortly after the shooting, said: “Several people were shocked and traumatised. The deceased is a frequent client of the bank. The robbers must have watched his movements.”

Daily News

Search for clues on slain PMB nurse

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Police continue to gather clues that would unravel the mystery surrounding the murder of a Pietermaritzburg nurse.

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Durban - Police continue to piece together clues that would unravel the mystery surrounding the murder of Pietermaritzburg nurse Sindisiwe Shelembe.

The Grey’s Hospital neonatal nurse was driving down Townhill on the N3, on her way to work the night shift, when an unknown shooter opened fire on her silver Renault Clio.

Bullets shattered her window and Shelembe, 31, was shot in the head and face, causing her to lose control of her car, which crashed into the barrier a few kilometres from the Peter Brown off-ramp.

Shelembe’s brother, Graham, said the family was shocked by the murder, and puzzled as to why his sister was shot.

“Who would want to do this? Sindi was a beautiful soul with a big heart.

“She dedicated her life to helping people. She had no enemies. We just want to know why,” the grief-stricken brother said.

“This coward needs to be punished,” he said.

Shelembe, who had a ten-month-old daughter, supported her elderly mother and two younger sisters, with whom she lived in Howick.

Her colleague, Cynthia Ndlovu, described Shelembe as a quiet, dedicated nurse who was committed to her job and her patients.

“Everybody loved her. She was a kind person who always had a smile on her face. We are all devastated by her death. The profession has lost one of its best,” Ndlovu said.

Police spokesman, Major Thulani Zwane, said no arrests had been made yet, and the motive for the murder remained unknown.

Daily News

Official in plagiarism probe stands down

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A KZN correctional services official facing a probe over claims he plagiarised his Master’s degree has resigned.

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Durban - A high-ranking KwaZulu-Natal Correctional Services official facing an investigation over claims he plagiarised his Master’s degree has resigned, citing personal reasons.

Sources in the department had alleged in February that Laurence Zikhali, 56, the acting area commissioner: Durban management area, “borrowed a large amount” of material from the work of an academic in his thesis for his University of Zululand (Unizulu) degree.

When the matter was brought to the attention of the university, it undertook to investigate.

Dr Joel Sifiso Mbatha, from whose work the material was allegedly “borrowed”, was reluctant at the time to get involved.

However, he admitted to helping Zikhali in 2005.

Zikhali obtained his Master’s degree in Public Administration through Unizulu in 2005, while Mbatha received his in the same discipline through Unisa in 2002.

His research topic was “The Ethical Dimensions of Transparency in the Public Sector”, while Zikhali’s was titled “The Ethics of Transparency in the Public Sector”.

On Thursday a source alerted the Daily News to Zikhali’s resignation, and to the availability of a preliminary report into the investigation by the university.

The report highlights areas in Zikhali’s thesis where material was copied verbatim or with some minor alterations from Mbatha’s work.

The resignation letter by Zikhali, dated March 17, provided “my personal reasons” as the basis of his resignation. The department confirmed receipt of the letter. However, the authenticity of the university report purportedly by Professor Dev Tewari, the university dean, addressed to the registrar and dated March 9, could not be confirmed by the time of publication

It said Zikhali did not cover all of the scope of work of Mbatha’s document. He only changed the introduction and conclusion “but in his introduction there are paragraphs that he took from Mbatha’s document”, read the report. When Zikhali was contacted on Friday to confirm his resignation, he hung up.

Subsequent attempts were unsuccessful. The source said Zikhali had achieved his promotion to his current level based on the qualifications.

“It is strange that after the scandal was made public he was left alone until this stage where he is able to decide to resign. I understand he has been called to the university on Friday where he will face a committee handling this investigation.”

In a response from Correctional Services on Monday, department spokesperson, Thulani Mdluli, said: “The Department can confirm receipt of a resignation letter from director Zikhali. The department has not made any determination in this regard as the university has not pronounced its investigation.”

Daily News

Hawks ordered to return muni’s seized equipment

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The Hawks have been ordered to return office equipment seized from the Msunduzi municipal offices after their search was declared invalid.

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Durban - A court has ordered the Hawks to return computers, laptops and documents seized from Msunduzi municipal offices within 24 hours after it declared the search and seizure warrants invalid.

The Msunduzi Municipality brought an urgent application before Pietermaritzburg High Court Judge Yvonne Mbatha on Monday, claiming police, bent on frustrating an auditor’s probe, had used bullying tactics to obtain the confidential documents and laptops, as well as copies of documents and any mirror imaging of information stored on the computers, seized on March 18.

According to court papers, the documents relate to fraud and corruption investigations against municipal employees and officials, as well as tender documents relating to road construction, security services, land development, parking meter system, waste management and smart meter contract projects.

The Daily News reported last month that laptops, documents and files were seized from Msunduzi municipal offices in the city linked to an investigation into alleged tender irregularities amounting to R2 billion.

Detectives swooped on the office of suspended city manager, Mxolisi Nkosi, as well as the municipality’s Internal Audit Unit offices at Galway House and the supply chain management offices at the AS Chetty building in the Pietermaritzburg CBD.

The raid followed a probe into maladministration and financial mismanagement at the municipality by Co-operative Governance and Traditional Affairs MEC Nomusa Dube-Ncube. Nkosi was suspended just days after the MEC announced the investigation.

An affidavit by manager of the Msunduzi Internal Audit Unit, Petrus Mahlaba, revealed that there may be ulterior motives to the search and seizure.

Mahlaba said the audit unit had been conducting investigations into matters relating to the conduct of certain officials within the municipality.

“We believe certain individuals have embarked on an orchestrated plan to destabilise and frustrate our investigations. They have sought to attain their objective by enlisting the help of certain policemen to take steps to obtain search warrants and to remove computers and other documents mentioned,” Mahlaba said.

“I know of no fraud or corrupt activities being perpetrated by any member of the audit team.

He said the raid on his offices was conducted by three policemen, the lead officer identified as Detective Warrant Officer N Adimulam.

Mahlaba said the policemen entered the offices in a very aggressive manner. Adimulam enquired as to Zamani Khoza’s whereabouts.

Khoza is described by Mahlaba as a “key figure” tasked with investigations into alleged corrupt relationships between certain officials of the municipality and service providers.

According to Mahlaba, the policemen adopted a “maverick approach” and seized Khoza’s computer. Mahlaba said the information stored on Khoza’s computer was highly confidential and sensitive.

Mahlaba, who was not at the office at the time of the raid, was summoned to the office by Adimulam by telephone.

He said when he arrived, Adimulam informed him he was there to confiscate Mahlaba’s laptop.

“They seized my laptop as well as a document relating to a bid from the City of Johannesburg which I was requested to co-ordinate by National Treasury,” Mahlaba said.

Mahlaba said his laptop, as well as all the other computers and documents seized, contain sensitive information.

In a separate case, the Daily News has learnt that Mahlaba would approach the Durban Labour Court on Tuesday in an attempt to overturn his suspension. Mahlaba was suspended last week by the very officials he is tasked with investigating.

Daily News

Woman in court fight over beach club ‘bullying’

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A Durban woman has gone to court to stop the Durban Undersea Club and Point Watersports Club from barring her access to the premises, where her club is also situated.

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A Durban woman who says she is being victimised after openly showing support for the Save Vetch’s movement has gone to court to stop the Durban Undersea Club and Point Watersports Club from barring her access to the premises, where her club is also situated.

Karin Solomon, a Point Yacht Club member, brought an urgent application in the Durban High Court on Friday to stop the club’s management from interfering with her access by cancelling her membership access cards.

On Friday, the club’s manager and chairman both gave an undertaking that they would not deactivate her membership cards pending the outcome of the application.

In her court papers, Solomon said the club’s management had been “humiliating and openly bullying” her “over an extended period of time”.

She said their alleged abuse and harassment began after she was seen wearing a Save Vetch’s Beach T-shirt on the club’s premises in February 2012.

In an answering affidavit, the attorney acting for the club’s chairman, Cuane Hall, and manager, Paul Smit, said the application was “unnecessary and unjustified”.

They are still to file detailed opposing papers.

The Save Vetch’s Association was formed several years ago to oppose the development of a small-craft harbour and marina on Vetch’s Pier and beach because of environmental concerns and the impact it would have on public access, recreational clubs and watersport enthusiasts. The Point Watersports Club was formed after most of the clubs signed an agreement with the developers, agreeing to the development.

After several years of litigation, the original harbour and marina plan was scrapped and the association came to a compromise with the developers in December 2012.

In her affidavit before the court, Solomon said she had full membership of the Point Yacht Club and Point Watersports Club.

She said the yacht club and the Durban Undersea Club were both at Vetch’s beach and shared premises and access to club facilities.

Solomon said her latest altercation with club staff occurred over the Easter weekend when she was due to help her club during the SA Hobie National Regatta. When she arrived, she found that her card to open the boom gate had been deactivated.

She said that was the fourth time since 2012 that her card had been deactivated “without any reason or notice”.

When she asked Smit the reason, he told her he had been instructed by Hall to do so. The interaction became unpleasant, Solomon said.

She said she believed that the 2012 incident with her Save Vetch’s T-shirt had sparked her problems with the club, as on that day she was ordered out of the club for no apparent reason. Hall, whom she did not know at that stage, stormed up to the table and shouted for her to get out of “his club”. She said he threatened to have her dragged out.

She asked for an explanation from the undersea club, but instead complaints were made against her to the yacht club. The yacht club found no reason to discipline her.

“I feel my reputation at the PYC and elsewhere has been unjustifiably sullied. I am in constant fear that this ongoing pattern of bullying will not cease.”

In response, attorney Louisa van Staden, for Hall and Smit, said it was common cause that the disputes about Solomon’s access dated back several years.

She pointed out that Solomon had also launched a protection-from-harassment application against Hall in the Durban Magistrate’s Court and was therefore seeking the same relief in two courts, and that the current application to the high court was premature.

Van Staden said Solomon’s membership cards were reactivated a day after the incident in March, were returned to her and had subsequently been used on three separate occasions over the weekend.

The matter will be back in court later this month.

Daily News

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SGBs receive wake-up call on school fraud

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School governing bodies have been urged by parents association bodies to become more vigilant with finances.

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Durban - School governing bodies have been urged to become more vigilant with their finances, with calls for schools to set up audit committees to improve oversight and root out possible theft of funds.

The wake-up calls come from governing body and parent association umbrella bodies in the wake of allegations that former Glenwood High School headmaster, Trevor Kershaw, received fraudulent payments of R5 million from January 2007 to December 2012.

He resigned in February and appeared in the Durban Commercial Crime Court on Friday on a charge of fraud relating to 1 577 payments. He is due back in court in June and has not yet pleaded.

The heads of the Federation of Governing Bodies of South African Schools (Fedsas) and the Governing Body Foundation (GBF) made the call in interviews with the Daily News on Monday.

The KwaZulu-Natal Parents Association stressed the need for SGBs to take more responsibility and to do their duty as laid out in the law.

All were commenting generally and not specifically on the case involving Kershaw.

Fedsas chief executive, Paul Colditz, said governing bodies were ultimately accountable for the school finances and urged school governing bodies to co-opt parents with financial and accounting expertise to help the SGB treasurer in an oversight role.

“A finance committee can be established under the leadership of the SGB treasurer to oversee the financial affairs of the school and assist the SGB with, or the treasurer should be ideally someone with accounting and finance skills.”

Fedsas and the GBF have, in line with the Kings Three report - on corporate governance - recommended schools establish audit and risk committees as oversight for the finance committees.

“This can assist in identifying risks to the school as the SGB is accountable for the school’s funds, so it is important that schools must conduct audits annually,” said Colditz. He said firms were willing to do this free of charge for schools through their corporate social investment programmes, but stressed schools had their own internal audits - conducted by skilled parents - who would not seek remuneration.

Tim Gordon, GBF chief executive, said although any system was bound to have weaknesses and loopholes, it was important that SGB members took their task seriously.

“If the SGB has put sound protocol and policy in place it is difficult for fraud to take place, unless there is some sort of collusion. In my experience you need two signatories for authorisation of payments, surely the school must have had that policy in place,” he said.

He said any corruption was “unacceptable” at schools and it was wrong for individuals to enrich themselves at the expense of school finances, paid largely by parents.

“It is bad for education; it gives schools and education a bad name. That money is collected from parents to advance the interests of education of our learners at the schools, it is not to enrich any individual,” he said.

Fedsas and GBF insisted that corruption at schools was not rife, contrary to a report by Corruption Watch earlier this year that flagged up embezzlement at schools, including in KwaZulu-Natal.

They said SGBs were generally responsible and said there were odd cases of financial irregularity.

Vee Gani, the South Durban chairman of the KZN Parents Association, said school finances were the responsibility of the SGB, as outlined in the South African Schools Act.

“A principal should not be able to defraud a school; how would they manage that when payments have to be authorised?”

Not only were checks and balances part of sound financial management, but a department requirement, and because of the legislation, a legal requirement, said Gani.

“School finances have to be audited every year and the reports presented to the department. This shows how the school is functioning and if they are abiding by the financial policies and law.”

An SGB which has “things under control” should be able to account for all school money and abide by sound accounting principles. “They should know exactly what they are paying for and why,” he said.

“When parents pay they expect that the governing body is responsible for how and on what that money is spent.

“There will always be temptation, especially where money is involved, but parents put their trust in the governing body to manage funds, if not, they are failing in their duties and cannot be absolved if there is fraud.”

Professor Labby Ramrathan, an education expert at the University of KwaZulu-Natal, said the SGB should reflect on themselves.

“Financial mismanagement means the school’s governing body is not doing its job efficiently.”

Ramrathan said the financial policies were there and putting in more measures to curb fraud would not help.

What was needed was implementation and since mismanagement of school funds seemed to be going on in spite of these, it was clear that there was a lack of implementation of these policies.

sihle.mlambo@inl.co.za

nosipho.mngoma@inl.co.za

Daily News

Wife killer: I am not a monster

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Wife-killer Inderesan “Alvin” Maistry, squirming at the thought of a lifetime behind bars, is still professing his innocence.

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Durban - Wife-killer Inderesan “Alvin” Maistry, squirming at the thought of a lifetime behind bars, is still professing his innocence, telling POST in an exclusive interview: “I am not a monster.”

As he was being led away from the Durban High Court to start his life sentence for masterminding the brutal murder of Soraya “Charmaine” Naidoo, he added: “Neither am I a cold blooded wife-killer.”

He claimed police had used him as a “scapegoat” to secure three other convictions.

Maistry, 47, who grew up in Mobeni Heights and settled in Merebank with his second wife - his first wife died in an accident after her car brakes apparently failed - also said he was worried about the welfare of his family, including his three sons aged 13, 14 and 20 from his first marriage, who were now living with his mother.

But the former Department of Labour manager seemed most concerned about his incarceration.

“Prison life is difficult,” he told POST.

“While awaiting trial I was with 49 other prisoners in the cell.”

Westville Prison’s Medium B section, where he would spend the rest of his life, was overcrowded, he added.

“And I have no choice but to eat the drab food which is provided to prisoners.”

Maistry, whose nickname is Cooksie’, had hired hitmen Mandelenkosi Zamokhawakeh Jobe, 41, and Bongani Lucky John Manyathi, 28, to carry out the killing of his wife on February 17, 2014.

On Friday, Acting Judge Burt Laing imposed the maximum sentence - life - on the trio for murder.

He also gave them 15 years each for robbery with aggravating circumstances and five years for kidnapping. These sentences would run concurrently with the life sentence.

The judge said the robbery, which took place at Maistry and Naidoo’s matrimonial home in Merebank, was a ruse.

According to the court, while there was a suggestion during the trial that the motive for the murder might have been insurance policy payouts, this was not proved conclusively.

Judge Laing said the couple, who ran a supermarket in Merebank, had had a troubled marriage.

But instead of orchestrating the hit on his wife, Maistry should have walked out of his marriage and filed for a divorce, the judge said.

Naidoo, 32, was stabbed six times after she was kidnapped from her home.

She was taken in her car to an isolated area in Umbumbulu on the South Coast where her body was dumped.

The life sentences handed out on Friday mean that four men are now behind bars for Naidoo’s murder.

The first was Sifiso Joyisa, who had implicated Maistry as the mastermind behind the hit.

He was jailed for life by the Durban Magistrate’s Court

Joyisa, Manyathi, Jobe and Maistry, the last to be nabbed, were arrested by Warrant Officer Rajen Budgie’ Nagesar and other members of the SAPS Provincial Task Team.

A defiant Maistry, who intends appealing the judgment and sentence, rejected the court’s finding.

He told POST he had nothing to apologise for as it was “a crime I had nothing to do with”.

Brushing aside Judge Laing’s finding that he had paid Jobe and Manyathi an undisclosed sum of cash to have the hit carried out, Maistry alleged that the court had ignored evidence that he had been in the company of his brother-in-law, Shane Narasiah, on the night of the murder.

While Maistry has set his sights on the Supreme Court of Appeal, hoping for a different outcome, Naidoo’s family applauded Judge Laing’s decision.

They said the killer should rot in jail.

Naidoo’s cousin, Desaray Naidoo, rubbished Maistry’s claim that he was not a monster.

“If he truly loved Charmaine then why did he ignore the crisis SMS and call he got from Charmaine’s only daughter and his stepdaughter, Rohena, a Grade 11 pupil, that robbers had taken her mom away?” she said.

“I don’t buy Alvin’s story that he is innocent. The prison authorities should lock him up and throw the keys away.

“Alvin orchestrated the murder of a defenceless Charmaine.”

Naidoo said she and her family wanted to thank state advocate Nadira Moosa, investigating officer Nagesar, the KwaZulu-Natal Directorate of Public Prosecutions (DPP) and prosecutor Yuban Archary from the Durban Magistrate’s Court “for ensuring that Alvin got what he deserved”.

In a media statement, Moipone Noko, the head of the KZN DPP, welcomed the stiff sentences imposed on Maistry, Jobe and Manyathi.

The sentences should serve as a warning to like-minded individuals that the directorate had adopted a zero tolerance to such unlawfulness, said Noko.

POST

Dial-a-ride for Durban's disabled

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Transport for people with disabilities is set to get easier as the city launches new minibuses.

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Durban - Transport for people with disabilities in Durban is set to become easier as the city launched 12 custom-designed and adapted minibus vehicles on Tuesday.

The vehicles are part of eThekwini Municipality’s Dial-A-Ride fleet and offers decent transport for those with disabilities.

Public transport in South Africa has been a limiting factor for people with disabilities in employment, how they access health care and community and social spaces.

At present, 3500 people are registered for Dial-a-Ride and the buses carry 2400 people a month. The buses join the city’s three Sukuma buses which transport disabled people on fixed routes.

Riding into the future were Mfanafuthi Dlamini (pictured left), Siboniso Dhlamini and municipal speaker Logie Naidoo at the official launch of Dial-A-Ride. Picture: Marilyn Bernard

Daily News

Serial paedo gets five life terms

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A serial paedophile has been sentenced to an effective five life terms behind bars, KwaZulu-Natal police have said.

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Durban - A serial paedophile has been sentenced to an effective five life terms behind bars, KwaZulu-Natal police said in a statement on Wednesday.

The Ladysmith Regional court convicted 37-year-old Nonhlanhla Magwaza of raping five boys between June 2014 and February 2015.

Police spokesperson Major Thulani Zwane said his victims were aged between 9 and 12 years old.

“The children were raped at his homestead in the Bergville area. The boys would be lured to the house to play there or have a meal. After the children were raped Magwaza would give them a couple of rand to keep the ‘secret’,” Zwane said.

But one of the children told his mother and Bergville police arrested Magwaza on the same day.

Zwane said Magwaza has also been placed on the National Register for Sexual Offenders.

KwaZulu-Natal Provincial Commissioner, Lieutenant General Mmamonnye Ngobeni welcomed the heavy sentence: “This will serve as a warning to other criminals who are thinking of committing such crimes. I appeal to victims of any type of abuse to report such abuse to the police so that abusers will be arrested.”

African News Agency

Armed gang terrorises Mt Edgecombe commuters

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A gang of heavily-armed men are targeting a main thoroughfare for residential estates in Mount Edgecombe.

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Durban - A gang of heavily-armed men wearing bullet-proof vests are adding to the chronic traffic congestion at the N2/uMhlanga roadworks, targeting a main thoroughfare for the residential estates in Mount Edgecombe.

Travelling in a minibus, the mystery band has in recent days scared off workers at a stop-go operation at the N2 underpass in Mount Edgecombe Drive, which leads to the golf estate’s Gate 6, and to neighbouring estates.

The disruption has sparked safety concerns for residents. And the flight of the stop-go attendants, who regulated a single-lane flow through the underpass that is being widened, has caused traffic chaos.

Mount Edgecombe resident, Isabelle Luker, on Tuesday described the situation as “a bit frightening”.

“There was no warning, it just happened,” she said. She said the disruption had forced her to use the crowded N2 highway.

According to newsletters sent to residents by the management of Mount Edgecombe Country Club Estate 2, “eight heavily armed men with bulletproof vests” had been patrolling near the underpass.

“Armed and dangerous groups (were) trying to exert pressure on local government through intimidation - for a number of reasons, both political and financial,” a newslettter read.

It said the groups were intent on shutting down the stop-go and this “poses a significant risk to motorists”.

Residents were advised to seek alternative routes as it “appears that the SAPS are unable to resolve the situation or provide security”.

Long queues form at the underpass, used by thousands of residents of residential estates in the area as well as motorists from Phoenix and elsewhere, avoiding the roadworks on the M41.

The crisis came to a head on Thursday when pointsmen, who had been controlling the stop-go, quit their posts in fear. On Friday, according to the newsletter, workers were persuaded, in the presence of police and the South African National Roads Agency Limited (Sanral), to return.

“Later that morning, however, an unmarked minibus arrived at one of the bridge sites and eight heavily armed men with bulletproof vests chased the workers from the bridge site.”

All workers were then ordered off site by management.

Pointsmen were still absent on Tuesday and the entrance to Hambridge Avenue was closed to allow cars to exit Mount Edgecombe - this to improve safety in the guards’ absence. But several motorists defied the road signs and forced traffic to come to a halt as they passed through.

The Daily News visited the site on Tuesday and found frustrated motorists battling to negotiate the traffic well after the morning peak hour. Exiting and entering the golf estates from the underpass was difficult.

And according to residents, the problem continued on Tuesday night.

Metro police spokesman, Sibonelo Mchunu, said they were “aware there was some intimidation and threats to workers”. He said he did not know the cause of the dispute, but said police were “periodically” visiting the site and other road construction sites in the north of Durban to monitor the situation.

eThekwini Municipality’s spokesperson, Thulani Mbatha, on Wednesday morning said: “Metro Police have just become aware of the challenge that there are no contractors to operate the stop-and-go signals. Metro police regional commander is addressing the matter.”

Head of eThekwini Transport Authority, Thami Manyathi, on Wednesday morning said the mayor and senior councillors had, since Monday, been in meetings with stakeholders, including taxi operators, workers, Go!Durban representatives and subcontractors,

A resolution had not yet been reached and the meetings were expected to continue through the week. “Various issues are being discussed,” Manyathi said.

Initially estate management thought the intimidation was linked to a dispute between a local taxi association and the eThekwini Municipality over the introduction of the GO!Durban bus integrated rapid public transport network.

But management later said it may be a bid to put pressure on local government through intimidation.

Bafana Mhlongo, of the uMhlanga Taxi Association, denied his association’s members were involved.

The association apparently met the construction company responsible for work at the underpass and suggested they employ private security to protect their employees.

The underpass widening began in July and road signs warned motorists it would take 15 months.

“It is a key road project worth hundreds of millions of rand,” said eThekwini ward 35 councillor Heinz De Boer, whose ward comprises uMhlanga and Mount Edgecombe. He called on the police crime intelligence and other units to sort it out.

“One cannot negotiate with people who have armed themselves and threatened workers with firearms.

“I liaised with the various ministers during a high-level meeting in KwaMashu,” De Boer said.

Traffic congestion at Mount Edgecombe Drive under the N2 is reduced to

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