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Anger, defiance in court
R6,50 (incl vat)
Another charge added, but counsellor vehemently denies all
INGRID OELLERMANN
A TANGIBLE atmosphere of anger,
sadness and tension gripped the magis­
trate’s court yesterday as a former
school guidance counsellor charged
with rape and sexual abuse of four pri­
mary school pupils applied for bail.
The man currently faces two charges
of rape and two of sexual assault; the
fourth count of sexual assault involving
a 10­year­old boy was only added to the
charge sheet yesterday.
While protesters outside the court­
house and the alleged victims’ relatives
and friends made no secret of their
strong opposition to the man’s release
on bail, the counsellor’s lawyer, Siva
Chetty, described him as a “destroyed
man” by virtue of the as yet untested
charges, and said he is entitled to be
presumed innocent until proven guilty.
The counsellor said in an affidavit he
had excelled both academically and as
a sportsman, and that he vehemently
denies the allegations against him,
which he regards as “malicious and fab­
ricated”.
His affidavit states he obtained six
As and was a prefect in matric, received
colours for athletics, and “numerous
sports and academic awards”.
He is a qualified teacher who gradu­
ated from UKZN and has a Master’s de­
gree in psychology.
He was a youth leader at a church,
and is a well­known member of the cy­
cling fraternity who also coaches
mountain bike and track racing.
State prosecutor Thandeka Mkhize
told the court that the state has a strong
case against the man, based on state­
ments by the victims to police in which
they named the counsellor as their
abuser, and psychologists’ reports and
medical evidence that supports the
rape allegations.
Magistrate M. Boikhutso will give a
ruling on bail on July 18.
A spontaneous burst of applause
broke out in the public gallery as rela­
tives of the victims rejoiced that the
counsellor would stay in jail until then,
but they earned themselves a sharp re­
buke from the magistrate.
“Demonstrate your frustrations or
your happiness outside court, not when
we are in session,” she said.
From early yesterday morning and
throughout the proceedings, a large
crowd of protesters gathered outside
the Bessie Head Library, toyi­toyiing,
singing, holding up anti­rape and anti­
sexual abuse placards, and urging the
court to deny the counsellor bail.
Chetty, who took over the defence
Education MEC Mthandeni
Dlungwane attended the bail
hearing of a former local school
guidance counsellor charged with
the rape of young pupils.
PHOTO: IAN CARBUTT
Amil Umraw reports that the
Health Professions Council of SA
confirmed that the counsellor con­
cerned was registered with the
HPCSA before 2013, but was sus­
pended in October that year for not
paying his fees.
Acting chief operating officer Dr
Munyadziwa Kwinda said the man
was registered as an “intern psy­
chologist” prior to 2013. His registra­
tion was suspended on October 26,
2013 due to failure to pay his annual
fee. He said this meant the counsel­
lor was supposed to do a one­year
internship and “complete his Mas­
ter’s if he has not already”, and then
apply to write the HPCSA board ex­
am to register as a qualified coun­
selling psychologist to be able to
practise independently.
Asked if one was allowed to prac­
tise as a school guidance counsellor
if not registered with the council,
the answer was: “No, you must be
registered to practise. You can be
registered as a counsellor or coun­
selling psychologist or educational
psychologist”.
Protesters gathered near the Pietermaritzburg Magistrate’s Court yesterday. They are opposed to bail being granted to a former school guidance
counsellor charged with the rape of young pupils. PHOTO: IAN CARBUTT
from attorney Alistair Janssens, who
withdrew citing a “conflict of inter­
ests”, urged the magistrate not to be
swayed by public opinion, including the
presence of KZN Education MEC
Mthandeni Dlungwane in the gallery.
Earlier, the court had noted the
MEC’s interest in the case and his re­
quest to take part in the proceedings
as a “friend of the court”.
Dlungwane told journalists later that
he was there to support the parents and
pupils of the school. He said the depart­
ment believes the protection of school
children is a priority.
He confirmed he would meet with
the school management this week, as
well as with the parents.
In his affidavit in support of his bail
application, the former school counsel­
lor said he believes that he will be able
to demonstrate at his trial that he has
been falsely accused, and that there is
“no substance to any allegations
against me”.
“Indeed I ought not to have been ar­
rested in the first place,” he said.
The former counsellor said he had
counselled the children concerned in
his professional capacity, and after they
were referred to him by other educa­
tors.
The man said he has no previous
convictions or pending cases, and has
never before appeared in court as an
accused person. “I am a law­abiding
and non­violent person,” he said.
He said he was “amazed” by allega­
tions that were published that he in­
tended to “kill people”.
“I have never mentioned this. I have
no such intention,” he said in an appar­
ent reference to an allegation at the pre­
vious hearing that he had uttered
threats to the alleged victims, saying he
would kill their parents if they spoke
out about the alleged abuse.
As far as the safety of the children
was concerned, the man said he had no
intention of interfering with them and
they were in the custody of their parents
in any event, and he would not go near
them.
Chetty said this was even more so
because the man was summarily fired
from his job. This (his dismissal) was
another matter that would be “dealt
with” in future.
In his affidavit opposing bail, the in­
vestigating officer, Neil Sivenarain, said
the former counsellor should not get
bail because the evidence against him
shows a “consistent pattern”.
He said the victims all know the man
and named him as the perpetrator. Sup­
porting their statements were psychol­
ogists’ reports and medical evidence.
He said he feared for the safety of
the witnesses if the man was granted
bail and that he would interfere with
them and the investigation.
Sivenarain said there were currently
two other cases opened and under in­
vestigation, and three “inquiries” tak­
ing place regarding cases that had not
yet been registered.
He said that as far as the Health Pro­
fessions Council of SA was concerned,
his information was that the man’s reg­
istration was “suspended”.
‘Top Gear’ host Chris Evans hits a bump, to step down
FUEL PRICES
SET TO GO UP
LONDON — Top Gear host Chris Ev­
ans announced yesterday he is stepping
down as co­presenter of the rebooted
series after just one season.
The presenter, who also hosts the
Beeb’s Radio 2 breakfast show, said that
standing aside would be “the single
best thing I can do now”.
“I have never worked with a more
committed and driven team than the
team I have worked with over the last
12 months,” Evans said in a statement
from the BBC. “I feel like standing aside
is the single best thing I can no do to
help the cause. I remain a huge fan of
the show, always have been, always will
be. I will continue to focus on my radio
JOHANNESBURG — The retail price
of petrol will increase by 0,6% from
tomorrow, and the price of whole­
sale diesel will go up by 3,7%.
The price of petrol will rise by
11 cents to R13,34 per litre in Gaut­
eng, and diesel will go up by 3,7 cents
to R11,70 per litre, the Energy De­
partment said in a statement.
— Reuters.
show and the allied events that it en­
compasses.”
The host also tweeted: “Stepping
down from Top Gear. Gave it my best
shot but sometimes that’s not enough.”
Evans had signed a three­year deal
with the BBC to revive the world’s big­
gest motoring show following the firing
of Jeremy Clarkson after he punched a
producer and the departure of Richard
Hammond and James May last year. He
fronted six episodes alongside former
Top Gear host Chris Evans
announced he is stepping down as
co­presenter.
PHOTO: SUPPLIED
Friends star Matt LeBlanc.
Evans’s resignation comes after fall­
ing ratings for the show, which hit a se­
ries low on Sunday night with an aver­
age 1,9 million viewers.
Top Gear has increasingly becoming
a target of the UK tabloids, speculating
a rift between Evans and Le Blanc. Ev­
ans denied the rumours.
The Heat Street website recently re­
ported Evans was set to be quizzed by
London’s Metropolitan police over alle­
gations of sexual harassment made
against him in May, allegedly dating
from the early 1990s. Evans has denied
the claims, deeming the allegations of
bullying “ridiculous”. — Variety.com.
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PARENT FURIOUS AT TEACHERS’ SUPPORT
IN the court foyer the grandfather of a
five­year­old boy who made allegations
of sexual abuse following the man’s ar­
rest, was angry that some of the former
counsellor’s teacher colleagues were at
court supporting of him.
“They [the teachers] are demonising
us parents instead of thinking about our
children who are in their care.
“They might be friends of his but they
should let the law take its course. This
makes me feel the entire school is taint­
ed. We trust these people with the care
of our children,” he said
SUNRISE: 6.51 am | SUNSET: 5.09 pm | HIGH TIDE: 4.31 pm | LOW TIDE: 10.19 am
MOON
What’s the weather like?
Area
Today
Tomorrow
Newcastle
2 | 21
7 | 22
Ulundi
8 | 23
12 | 27
Ladysmith
0 | 21
5 | 23
Richards Bay
13 | 24
14 | 26
Mooi River
-4 | 20
5 | 22
Pietermaritzburg
4 | 23
8 | 25
Early fog to high­level cloud. Clear by evening.
High­level cloud. Clear by evening.
Early mist to high­level cloud. Clear by evening.
High­level cloud. Clear by evening.
High­level cloud. Clear by evening.
High­level cloud. Clear by evening.
Durban
11 | 22
11 | 25
Underberg
-5 | 18
0 | 21
Kokstad
0 | 19
-3 | 19
Margate
12 | 25
11 | 22
High­level cloud. Clear by evening.
High­level cloud. Clear by evening.
High­level cloud. Clear by evening.
High­level cloud. Clear by evening.
Mall row
attacker
gets bail
INGRID OELLERMANN
SHAKILE Saktu (31), who was sen­
tenced to imprisonment last week for
knocking down another motorist fol­
lowing an argument over parking at
Liberty Midlands Mall, was yesterday
granted bail pending his application
for leave to appeal.
Magistrate Bhekizitha Phoswa
will consider Saktu’s application for
leave to appeal against both his at­
tempted murder conviction and sen­
tence on September 8.
However, pending the outcome of
the matter he agreed yesterday to
grant Saktu bail of R3 000.
Last week Saktu was sentenced to
undergo seven years’ imprisonment
after Phoswa found that he had delib­
erately knocked down Luchelle Jou­
bert with his car at the mall after the
two were involved in an argument
over parking.
Joubert was knocked unconscious
by the impact and Saktu did not stop
to check his condition but sped off.
KZN WEATHER
HOTLINE:
083 123 0500
SA WEATHER SERVICE
(DURBAN OFFICE):
032 436 3820
FIRST QUARTER: July 12
FULL MOON: July 20
LAST QUARTER: July 27
NEW MOON: August 2
Fire Brigade:
0800 033 911
Flying Squad: 10111
Crime Stop: 08600 10111
Traffic Mpimpa Hotline:
086 221 1011
Aids Hotline: toll­free
0800 012 322
Gift of the Givers Careline:
0800 786 786
Alcoholics Anon:
086 143 5722
Al­Anon and Alateen:
083 415 1717
Famsa PMB:
033 342 4945
Famsa DBN:
031 202 8987
Lifeline and rape crisis
(24­hrs) PMB:
033 394 4444
Lifeline and rape crisis
(24­hrs) DBN:
IN AN EMERGENCY
AMBULANCE
DAM
LEVELS
10111 10177
031 312 2323
Childline: 0800 055 555
Gay & Lesbian Helpline:
086 033 3331
Gamblers Anon PMB:
033 387 5462
Gamblers Anon DBN:
031 463 1616
Forest Fires PMB:
0861 KZNFPA
Safe City report crime via
SMS PMB: 083 767 7233
911 Control Centre, PMB:
033 391 1911
SPCA PMB: 033 386 9267
SPCA DBN: 031 579 6500
Albert Falls Dam
28,96%
Inanda Dam
70,09%
Mearns Dam
39,76%
Midmar Dam
45,23%
Spring Grove
62,98%
Hazelmere Dam
45,01%
NSRI: 031 361 8567
MSUNDUZI
MUNICIPALITY
Call Centre: 0800 001 868
Water: 033 392 2128
Electricity: 033 392 5098/
5096/5029
After­hours number:
033 392 5098
Traffic lights:
033 392 2205
Roads damage:
033 392 2047,
033 392 2059
EMERGENCY CHEMISTS
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www.witness.co.za
NFP officially disqualified from contesting 2016 local govt elections
THE National Freedom Party (NFP) has
officially been disqualified from contest­
ing the 2016 local government elections,
an official said yesterday.
NFP spokesperson Sabelo Sigudu
said the party’s attorneys informed them
on Saturday that they had lost their case
in the Electoral Court.
The party had tried to challenge the
Electoral Commission of SA’s (IEC) de­
cision to disqualify it after it failed to pay
its registration fee by the June 2 deadline.
“We are going to explore every possi­
ble option, including approaching the
Constitutional Court on the matter, be­
cause millions of people are waiting to
vote for the NFP,” said Sigudu.
He said the party’s national working
committee was expected to meet yester­
day to discuss its next move. Sigudu said
he believed the party’s secretary­general
Nhlanhla Khubisa and chairperson Mal­
iyakhe Shelembe had resigned on Satur­
day because they already knew the out­
come of the court case.
Deputy chairperson Sicelo Mabika
and treasurer Xolani Ndlovu were sus­
pended pending an investigation into
the fiasco. Party president Zanele ka­
Magwaza­Msibi accepted their resigna­
tions.
It emerged last Tuesday that the par­
ty’s national executive committee — led
by Shelembe, Khubisa, and Ndlovu —
were responsible for making the
R400 000 payment. Ndlovu apparently
sent the IEC a cheque, which bounced.
He allegedly paid the money after the
deadline.
“Because Khubisa and Shelembe are
the co­ordinators, they were informed
about the court’s decision first. They
knew on Saturday that the court had
ruled against us. This is direct sabotage
and the party is investigating internally,
why they did this or who made them do
this,” said Sigudu.
He said KaMagwaza­Msibi, who suf­
fered a stroke in November 2014, was
shattered by the news. “She is not okay,
she did not attend the national working
committee on Saturday. She is not doing
well at all,” he said.
In an interview with eNCA yesterday
morning, the IEC said the NFP would
not be included on the ballot papers
which were expected to be printed today.
In 2009, the IEC disqualified the
Western Cape ANC from taking part in
by­elections after the party failed to pay
its deposit. In 2011, the IFP was disquali­
fied from contesting elections in the
Umzumbe municipality on the Kwa­
Zulu­Natal South Coast. It had failed to
submit its candidate list to the IEC by
the closing date.
South Africans were first introduced
to the NFP’s KaMagwaza­Msibi, a
former school principal and mayor in
Zululand, in 2011.
KaMagwaza­Msibi, who is also depu­
ty Science and Technology minister, left
the Inkatha Freedom Party just before
the 2011 local government elections.
— News24.
Durban
magistrate
steps in
INGRID OELLERMANN
A REGIONAL court magistrate from
Durban will on Friday consider an ap­
plication for the cancellation of bail
for convicted cocaine dealer Leon
Govender.
Govender is accused by the state
of deliberately crashing into trial
magistrate Bhekizitha Phoswa’s car
in order to delay his sentencing.
The case was due to be heard ini­
tially last Friday but was delayed after
Govender’s attorney withdrew.
Subsequently The Witness has
learned that magistrates in Pieter­
maritzburg were uncertain whether
it would be in the interests of justice
for them to hear the case as they are
colleagues of Phoswa.
It is understood that a magistrate
from Durban will now preside over
the matter.
JOIN MEDIA24’S
MANDELA DAY
READATHON
JOHANNESBURG — Media24 is in­
viting celebrities, politicians, strug­
gle stalwarts, musicians, actors,
artists, sport stars and writers to
join its 32­hour readathon of Nel­
son Mandela’s autobiography Long
Walk to Freedom to celebrate Inter­
national Mandela Day.
The readathon will start on Sun­
day, July 17, at 9.30 am, and con­
clude on Monday, July 18, at
5.30 pm.
It will take place 30 m from
Mandela House, on the corner of
Vilakazi and Mvubu streets, Orlan­
do West, Soweto, on the grounds
of Phefeni Secondary School.
The readathon will conclude with
an auction of the two copies of
the book that had been read and
signed by each of the readers.
“Our Mandela Day readathon
supports the Department of Basic
Education’s national Read to Lead
campaign to foster a culture of
reading amongst South Africans,”
Media24 chief executive Esmaré
Weideman said. — News24.
Democratic Alliance chief whip John Steenhuisen addresses party followers at the Royal Showgrounds yesterday evening. PHOTO: AMIL UMRAW
DA focuses on change
Chief whip lambasts ANC and urges voters to ‘bring the DA difference’
AMIL UMRAW
THE Democratic Alliance did not pull
any punches in lambasting the ruling
party and President Jacob Zuma at a rally
in Pietermaritzburg yesterday.
Speaking at the Royal Showgrounds
to an audience of more than 500 follow­
ers, DA chief whip John Steenhuisen
highlighted issues of unemployment,
economic turmoil and social upheaval
currently plaguing the country.
“We meet tonight in the face of the
fact that over 8,9 million of our fellow
countrymen and women are unem­
ployed,” he said.
Calling the ANC the “African Nation­
al Confusion party”, Steenhuisen dug in­
to Zuma’s political decisions, paying
particular attention to the finance minis­
ter shuffle.
“It is little wonder why investors are
so unsure where they stand in South Af­
rica; even we are left scratching our heads
watching this vehicle swerve to the left
and right of the road,” Steenhuisen said.
He then turned his attention to cabi­
net ministers.
“His [Zuma’s] Social Development
minister, Bathabile Dlamini, can tell
South Africans that they must get by on
R783 per month, yet is happy to spend
R11 900 on a six­hour stay at the luxury
Oyster Box Hotel. Dlamini and the ANC
come first, the people of South Africa
last,” Steenhuisen said.
“The Defence minister, Nosiviwe Ma­
pisa­Nqakula, can abuse a defence force
plane at your [taxpayers’] expense to fly
to the Democratic Republic of Congo
and collect her late son’s girlfriend, and
then smuggle her back into the country,
violating all the laws and regulations.
“As bad as all this sounds, the great
thing is that it does not have to be like
this. It can be fixed and we can give places
like Pietermaritzburg a new lease on life.
We have shown where we govern in the
Western Cape and in cities like Cape
Town that the right policy choices
achieve the right results.”
Steenhuisen, in promoting DA may­
oral candidate Mergan Chetty, said the
party wants to “bring the DA difference”
to Pietermaritzburg.
“You will have an opportunity to force
the spring of change in your town. You
can elect a mayor like Mergan Chetty,
who will put the people of this city first,
and you can elect a team of councillors
who will serve you and your interests,”
he said.
Taking the stage before Steenhuisen,
Chetty, who was greeted with song and
dance, focused on local government and
said the ANC was “more interested in
awarding tenders to their cadres instead
of prioritising service delivery”.
He said the DA would ensure “incom­
petent and unqualified” cadres deployed
to senior positions would be fired.
“We will employ people fit for pur­
pose … for better and more efficient ser­
vice delivery.”
Chetty described the Msunduzi Mu­
nicipality as an “abandoned bus which
is sliding downwards”.
“The municipality is suffering from
serious maladministration, corruption,
inept cadre deployment and high­rank­
ing officials being suspended for enjoy­
ing liberties at taxpayers’ expense.”
Chetty promised better service deliv­
ery and zero tolerance on corruption.
• [email protected]
Labour Court orders KZN security company to pay unpaid wages
THE Durban Labour Court has ordered
a KwaZulu­Natal security company to
pay more than R100 000, plus interest
in unpaid wages to its workers.
Gumede Protection and Cleaning CC
was taken to the Labour Court by the
Department of Labour following com­
plaints from several of its workers who
approached the department, alleging
they were owed wages, overtime pay­
ments, annual leave and bonus pay­
ments. The workers’ complaints were
confirmed during a subsequent inspec­
tion by the department, which found
that the company had contravened the
Basic Conditions of Employment Act.
According to a statement from the
KwaZulu­Natal Labour Department,
“The company was fined R4 500 and or­
dered to pay R119 248,16 to employees.
The judge also ruled that Gumede Pro­
tection and Cleaning CC pay back the
employees at an interest rate of nine per­
cent or latest interest rate per annum.”
“If the company fails to comply with
the court order, the department will pe­
tition the sheriff of the court to attach
and sell the company’s assets to settle
the claim,” the department said.
— News24.
Significant job losses in retail, hotel and restaurant sectors
CAPE TOWN — In the first quarter of 2016,
the South African economy shed 15 000 jobs
in all sectors, except construction and commu­
nity services, according to the Quarterly Em­
ployment Survey.
Employment therefore declined by 0,2% to
9,2 million people in the formal non­agricul­
tural sector of the economy.
The Quarterly Employment Survey collects
data from the mining, manufacturing, electric­
ity and gas, construction, retail, business and
community and personal services sector, and
measures the level of employment and earn­
ings per sector. It should not be confused with
the rate of employment reflected in the Quar­
terly Labour Force Survey.
Statistician­general Pali Lehohla released
the latest figures yesterday, which showed the
largest percentage of job losses took place in
the retail, hotel and restaurant sector. In retail,
27 000 jobs were lost, while 7 000 people were
retrenched in the hotels and restaurants indus­
try. Employment in the mining sector con­
tracted for the sixth consecutive quarter by
4 000 employees in the first quarter of 2016.
Finance and business services lost 9 000
jobs after employment rose by 42 000 in the
last quarter of 2015. There was also a four per­
cent decline in earnings for the quarter ended
March 2016 — from R545 billion to R523 bil­
lion. These decreases were recorded in all in­
dustries, except the business services industry.
Statistics SA ascribed the changes in gross
earnings to the absence of bonuses and over­
time that were paid to employees in the last
quarter of 2015. — Fin24.
DA using
Madiba’s
voice is
‘an insult’
MTHATHA — Former presi­
dent Nelson Mandela’s grand­
son, Zwelivelile Mandla Man­
dela, has demanded that the
DA take down an election ad­
vertisement featuring Madi­
ba’s voice.
Mandela junior said in a
statement that the Electoral
Commission of SA (IEC)
should act against the DA, as
the advert was a “gross viola­
tion of the electoral code”.
“We are disgusted by the fla­
grant abuse of former president
Nelson Mandela by the Demo­
cratic Alliance, which is using
his voice in an election adver­
tisement broadcast on You­
Tube,” he said. “The desperate
lengths to which the DA will
stoop to dupe voters is con­
demned in the strongest terms.
uNkosi Dalibhunga [Mandela]
was throughout his life, until
his death — by profession, and
in the hereafter — a loyal and
committed member of ANC.”
Mandela said that if the DA
wanted to invoke history, it
should use the voices of its own
former and current leaders —
Tony Leon, Helen Zille and
Mmusi Maimane. Under their
leadership it had formed “the
laager of white privilege since
1994”.
“Madiba’s name can never
be associated with betrayal of
our struggle. The use of his
voice in an attempt to lend
credibility to a party that has
made the preservation of white
privilege its raison d’être is vile
and untruthful.
“It is a violation of the letter
and spirit of South Africa’s
electoral code for one party to
abuse and defile the image of
another. In this case, the associ­
ation of Nkosi Dalibhunga’s
name with the DA is an insult
and affront to his history, his
party of choice, his legacy and
the values for which he stood.”
The DA was trying to “hijack
his voice” to dupe those who
held his name in high esteem.
However, DA spokesperson
Refiloe Ntsekhe said Nelson
Mandela belonged to everyone.
“When Tata Mandela be­
came a president, he belonged
to all of us, not just the ANC.
As a president you allow your­
self to become public figure and
we have every right to use him,”
she said. “He preached non­ra­
cialism and tolerance. This is
equally important to the DA
and we have to be reminded of
what he preached.”
Ntsekhe said Mandla Man­
dela needed to be reminded of
the oath he took in Parliament.
“He knows as an MP that
when you take that oath you be­
long to all of us,” she said.
The DA advertisement,
which went live over the week­
end, features a woman in a vot­
ing booth making her mark
next to the party’s logo after
hearing Mandela’s voice.
— News24.
Correction
AN article in The Witness on Thursday, June 30, titled ‘Justice Moseneke tells his tale’ was erroneously
published with an image of Chief
Justice Mogoeng Mogoeng instead
of that of Justice Moseneke. The
Witness apologises for the error.
• The Witness welcomes
comments and suggestions
about errors that warrant
correction.
These can be e­mailed to
[email protected]