A struggling divorced mother has accused a Cape Town attorney of fraud after she forked out R10 000 and received no legal assistance in return.

Cape Town - A struggling, divorced mother had to use her food money to pay off the R10 000 that an online legal adviser wanted, to secure an increase in her maintenance.

The adviser accepted payments of R500 a month, and although she eventually managed to pay off the R10 000, she received nothing in return, she alleged in a court in Cape Town on Monday.

Kathleen Morris testified at the trial of attorney Hugh Pollard, 64, who has pleaded not guilty to five counts of fraud, in the Specialised Commercial Crime Court in Bellville, Cape Town, before magistrate Sabrina Sonnenberg.

Pollard is in fact a qualified attorney, but may not practice because his name was struck from the Attorneys’ Roll.

Questioned by prosecutor Simone Liedeman, Morris said she responded to an advertisement placed by Pollard in a newspaper, in the name of The Legal Advice Office.

She had discussed her plight with Pollard by telephone, but had never met him, she told the court.

Because she had never seen Pollard before, she mistook court reporter Bert van Hees, 72, for him.

As she entered the court room, and made her way to the witness stand, she passed Van Hees seated on a bench in the well of the courtroom.

As she passed him, she turned to him with an expression of disgust, and asked him loudly: “Are you Pollard?”

Van Hees said he was not, but Morris had her doubts until the magistrate pointed out that Pollard was the accused seated in the dock.

Morris told the court: “The accused perused the document relating to the maintenance order, and then remarked to me that he was pleased that he was not a woman.”

“I said I would like to meet him, but he refused, so I never had a face-to-face discussion with him.”

After she had paid off the R10 000, but had heard nothing from Pollard, she asked him what the next step would be.

She said Pollard wanted information about her former husband, that she could only obtain by engaging a private investigator, at extra cost to herself.

She added: “I told the accused I could not afford the expense, and wanted to terminate his mandate instead, and that I wanted my money back.

“The accused said I could not get my money back, because he had already done what he had to do, and I said you have done absolutely nothing.”

Asked by the prosecutor if she ever received her money back, she replied: “No, I did not – not one cent.”

Defence attorney Eben Klue pointed out that the purpose of the divorce document that she had signed, was to curtail her rights to an increase in maintenance.

Asked if she had been satisfied with the text of the document, she replied: “Yes, at the time of signing I was.”

Klue pointed out that she had in fact consented, in writing, to her maintenance being limited.

Morris claimed she was blackmailed into signing the document.

The case continues on Tuesday.

ANA

A Cape Town cop shot dead his estranged wife before turning the gun on himself, after finding out their divorce had been finalised.

Cape Town - A Cape Town police officer shot dead his estranged wife before turning the gun on himself, after finding out their divorce had been finalised.

Police say Sergeant Khanyiso Nyhudwana’s body was found at his home in Site B, Khayelitsha, just hours after he killed his ex-wife, Nwabisa Benya, 39, near her home.

Relatives of the deceased claim the cop was on two weeks’ annual leave, but was in uniform when he came to shoot Nwabia with his service pistol.

Spokesperson Captain FC van Wyk says the tragedy unfolded on Saturday at around 9pm.

“A 40-year-old sergeant stationed at Harare SAPS went to Qampi Street, Site B, where his wife stays and wanted to see the deceased,” he explains.

“They both went out of the house and he shot her several times to her upper body, he then went to his house and shot himself.

“Murder and inquest cases were opened for further investigation.”

This is the second murder-suicide involving a police officer in Khayelitsha in the space of a month.

Three weeks ago Constable Sithembele Makhe, 28, shot himself at his Kuyasa home when his colleagues arrived to arrest him for the murder of his girlfriend Thulelwa Nogilana, 34, at her home in Lingelethu West.

Nwabisa’s relatives says the protection order she had against Nyhudwana meant nothing.

Cousin Magcinonke Lavisa, 42, says: “This did not start [on Saturday]. This man was here last week and he was threatening her and her father.”

He said the couple’s marriage was troubled, but they kept getting back together.

“She moved back home in January after he had kicked her out, she told me he drank and often took it out on her and would threaten her with the gun,” added Magcinonke.

“She went to police a few years ago and complained about the gun and it was taken away but she was surprised to see it back in his possession without her being told.

“After some time she filed for divorce again and when it went through on Friday, he threatened her again.

“She and her family got a restraining order against him but that didn’t stop him.

“That man shot her with his work gun. He didn’t respect the law and the same law that was meant to protect her, had failed her.”

Daily Voice

A teenager who chose to help save rhinos instead of having a birthday party has raised over R200 000 for wildlife conservation.

Cape Town - A teenager who chose to help save rhinos instead of having a birthday party has raised more than R200 000 for wildlife conservation.

Jules Murray, 15, was only 11 years old when she first started fundraising. She had been living in Hong Kong since the age of three and yearned to connect with her home country, South Africa.

Instead of hosting friends to a birthday party, she had decided to invite friends over to create about 15 rhino paintings, which she auctioned off raising R30 000.

“At the time all my friends were asking for money to give to charity and because my mom had told me about the plight faced by rhino, which are symbolic for South Africa, and of course Asia being the biggest rhino horn trade for medicinal purposes, I decided to focus on that.”

The money was handed to the Chipembere Rhino Foundation and was used to buy tracking collars for the wild animals.

On Monday, Greeff Properties handed over a life-size rhino sculpture to her which they hoped would help Jules raise more funds for the animals.

Last year, Greeff Properties ran a rhino awareness campaign where “Greefie” the rhino was showcased at the company's monthly mall expos. As part of the awareness campaign the company donated a portion of their home sales commission to the Rhino Wildlife Conservation Fund.

Chief executive Mike Greeff said: “We are handing Greefie over to Jules so that she can be the next guardian and do with it as she pleases. We know and trust that she will continue the rhino saving legacy and could maybe auction the sculpture and raise more funds for the wildlife.”

Speaking of her first encounter with a rhino while on a collar tracking expedition with a veterinarian, Jules remembered the rhino as “giant yet gentle animal.”

“We were up on the helicopter and I just remember seeing this animal lying down, it had already been tranquilised. I was able to touch it and it was so incredible.”

Some of her fundraising methods included glazing a hundred rhino trinkets which she has sold in Asia, New Zealand and to some of her Hong Kong neighbours. Through that fundraising she raised R30 000 which was used to buy more tracking collars, pay vet expenses and buy ranger gear equipment.

Since her arrival in the country over two years ago Jules has created wristbands with the text “I love rhino”, which she sells for R20 to school pupils. She has been supplying schools in Grahamstown and in Australia with the wristbands which come in the school's colours.

She said people didn't understand how bad the plight of rhinos still were with at least three poached every day. Right now there are less than 5 000 black rhino living.

To make a donation to Jules' fundraising can go to the JuMu Rhino Fund Facebook page.

zodidi.dano@inl.co.za

Cape Argus

Henri van Breda, 21, is due to appear in court today, a year and a half after his family was killed in a brutal axe murder.

Cape Town - A year and a half since his family was killed in a brutal axe murder, 21-year-old Henri van Breda has handed himself over to the police and will face three counts of murder and one of attempted murder.

The Van Breda family, on Monday, noted the arrest of the family’s youngest son Henri.

Van Breda is one of two survivors of the shocking axe attack in which his millionaire businessman father, Martin, 55, and mother, Teresa, 54, and older brother, Rudi, 22, were killed at their home in January last year.

Van Breda handed himself over to the Stellenbosch police on Monday afternoon, accompanied by attorney Lorinda van Niekerk, who is from the legal firm representing him.

The family’s spokesman, Ben Rootman, confirmed that Van Breda was arrested and said the family issued a statement noting the arrest.

“The Van Breda family takes note of the arrest of Henri van Breda and all enquiries are directed to the police.”

Police spokesman Lieutenant-Colonel Andre Traut confirmed that a 21-year-old suspect had been arrested in connection with the triple murder.

“Our investigation into the three murders and an attempted murder which were murder which were perpetrated on the De Zalze estate during January 2015 led to the arrest of a 21-year-old suspect this afternoon when he handed himself over to the Stellenbosch police.”

“The suspect is due to make a court appearance today in Stellenbosch to face three counts of murder and one of attempted murder.”

The docket has gone back and forth from the prosecuting officials and the police investigators that worked on the case, who were all told to dig deeper.

On Monday, Western Cape National Prosecuting Authority spokesman Eric Ntabazalila said he was not aware of the development and would not comment on how they would be proceeding. He referred queries to the police.

The horror attack shocked residents of the upmarket estate.

Henri’s sister Marli, who was 16 at the time, was left for dead with a severed jugular vein and severe head injuries. She was in intensive care unit before being transferred to a rehabilitation facility. Reports said she had retrograde amnesia and did not remember the attack.

She was released into the care of relatives and later returned to school. Van Breda walked away with minor cuts and bruises and was the one who placed the call to police after the murders.

The siblings reunited five months after the attack.

Social media went into a frenzy, with a video also emerging. Many attributed the pace of the case to privilege, with others saying they had their suspicions.

On Twitter, @saberah said, “This Henri van Breda story is beyond sickening. If he was a poor man (of colour) then he would’ve been kept in custody until proven innocent.”

@khakhy said, “White privilege runs so deep. Hope Zinde’s son was arrested on the spot. Henri van Breda had to hand himself over, Pistorius is broken.”

On Facebook the news was shared a number of times, with one user Joy Holtzhausen saying, “Like this was not obvious from the start? What on earth is up with our police these days?”

Jutah Baloyi added his comment, “So this Henri guy saw that SAPS don’t know how to do their job, he then arrested himself by handing himself to the police.”

yolisa.tswanya@inl.co.za

Cape Argus

Stellenbosch University student dead after he and his friends staged a tug-of-war between two Land Rovers.

A Stellenbosch University student has died after he and a group of friends apparently attempted test the power of their vehicles.

Jacobus Lombard, who is from Worcester in the Western Cape, and a group of hunters apparently tied a rope onto the tow-bars of two Land Rovers in an attempt to test which was the stronger of the two vehicles.

It is believed that the tow-bar of one of the vehicles broke off and hit Lombard in the face.

Police spokesman Captain Sergio Kock confirmed on Monday that the Plooysburg police were investigating an inquest following Lombard’s death.

Kock said the incident happened at about 8.30pm on Friday night .

“The victim, who died on the scene, was standing at the back of one of the vehicles when the incident occurred. The investigation continues,” Kock said.

Lombard’s family members were in Kimberley on Monday but declined to speak to the media.Meanwhile the private men’s hostel where Lombard stayed in Stellenbosch, posted condolences to the family of the second year Bachelor of Science student majoring in social media.

A memorial service will be held on Friday at 10.30am at the Christian Assembly in Worcester.

Diamond Fields Advertiser

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Western Cape transport department says controversial campaign has proved its point, with seat-belt compliance up 161 percent.

Cape Town - The Western Cape transport department has hailed its controversial ’First Kiss’ campaign a huge success, as seat-belt compliance showed a dramatic increase of 161 percent.

The ‘First Kiss’ campaign was started in March as part of the Safely Home initiative, and depicts the consequences of not buckling up, which results in a couple’s first kiss never coming to pass.

The hard-hitting TV commercial stars a young couple making eyes at a party and then spending the night trying to find a place to make out.

But the romance is short-lived as they get into a car with their friends and the young man opts not to buckle up.

Everybody is killed in the accident, including his new found love.

The advert sparked heated public discussion, with criticism being levelled at the graphic portrayal of the consequences of reckless road user behaviour.

Transport MEC Donald Grant said on Monday there was a 27.5 percent increase in overall seatbelt compliance lin May, while passenger fatalities were down 30 percent versus 2014/2015 numbers.

“The assessment of the campaign’s impact has proved that the scientific, evidence-driven methodologies employed to create First Kiss really work,” he added.

Grant said the department had conducted four seatbelt compliance surveys at four major intersections in Cape Town, Mitchells Plain, Khayelitsha and the northern suburbs, before launching the advert - 1226 vehiclescarrying 2399 occupants.

“These surveys were snap counts, conducted by actual observation of driver and passenger behaviour, not from self-reported behaviour,” he said.

Also read: Khutsi Malala is running for your life

According to the department, based on observation of vehicle occupants, the surveys found an overall compliance of 40 percent.

“Six weeks into the campaign, these four surveys were repeated at the same intersections,” Grant said. Overall compliance went up to 51 percent, an increase of 11 percentage points.

“This translates to a 27.5 percent improvement overall. By far the most impressive improvement was in rear-seat compliance, which shot up an astonishing 161.5 percent.”

The survey found overall compliance improved with a little more than more half of all vehicle occupants wearing a seatbelt. Compliance in Khayelitsha and Mitchells Plain remained comparatively lower.

Cape Argus

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Slain Cape Town police officer Mtheto Sandla’s fiancée was overcome with grief when describing the wedding plans they had been making.

Cape Town - Noludwe Thanga was overcome with grief when describing the wedding plans she had made with her long-time boyfriend, Constable Mtheto Sandla, before he was shot dead while on duty during the early hours of Monday morning.

Sandla, 36, was killed in crossfire at a Caltex petrol station in Delft while responding to a robbery at around 3.20am.

Two gunmen wielding AK-47s fired at the constable and his partner. Several bullets found Sandla’s body while his partner was left injured and is recovering inhospital.

The gunmen fled with three accomplices who were waiting inside a shop at the petrol station. The criminals left their explosives behind with which they had intended to bomb the petrol station’s ATM, said the Hawks.

Sandla’s family gathered at his Philippi home to console his fiancée and three children, the youngest his four year-old son.

“We had our date set in December. I still cannot believe that he is gone. On Sunday morning, he left for work early like he normally did. I suspected something was wrong when his eldest brother and his colleagues arrived at my doorstep this morning. I knew that they usually do not come to your front door when nothing is wrong - that’s when I just broke down and cried,” said the 31-year-old woman.

The constable’s brother, Malibongwe Sandla, 46, said police broke the news to him around 5am, an hour before he could build up the courage to inform his brother’s fiancée of his death.

“It was already painful for me when they told me. I did not want to believe it was him, I could not because it was hard. I asked his colleagues to take me to the crime scene and to show me his body, his face so that I can be certain it was him. When I saw him lying there - he was on the floor behind the police van covered in a white sheet - I was hurt. He was there before my eyes. I just spoke to him on Saturday and now he is gone,” said Malibongwe.

Malibongwe described his brother as his “best friend”, a kind-hearted individual who would accept advice and would always lend an ear to those in need.

Sandla’s eldest son, Yamkelo Lugongono, 16, said: “My father - he taught me everything I know about life. He is the reason I grew up to be who I am. I will miss him dearly, there are no words to really describe how I feel.”

Funeral arrangements were not discussed as the family struggled to process their grief.

Hawks spokesman, Captain Lloyd Ramovha condemned the incident. “As demonstrated by the recent successful arrests of those implicated in police killings cases we shall not rest until we find those responsible. We are saying they can run, but they cannot hide. We further urge members of the community to expose and report those involved.”

Western Cape MEC for Community Safety Dan Plato extended his condolences to family, friends and colleagues.

Cape Argus

In part 2 of a 5-part series, Lance Witten takes a tour of the stringently controlled Biology unit at Cape Town’s Police Forensics Laboratory. [VIDEO]

Cape Town - The gleaming floors of the Police Forensics Laboratory reflect the light from the energy-saving intelligent fluorescent lighting above.

Colonel Thembela Lamani, head of the Biology unit, leads the Cape Argus team through the silent halls of strictly secured offices and laboratories in the Plattekloof facility.

Inside the glass-walled labs, scrubbed technicians busy themselves with some of the most sensitive work the Cape Town facility handles.

Cross contamination is a constant risk and needs to be mitigated as stringently as possible.

The controls are so stringent that the Cape Argus team needs to undergo DNA profiling just to enter the unit.

Two technicians clinically swab epithelial tissue from the team, using equipment out of hermetically sealed buccal kits - specifically designed to obtain the purest sample of DNA from the inside cheek wall of the mouth. By the time the swabs are clicked into place against the contact pad, chemicals begin to break down the proteins in the tissue and isolate the DNA strands. By the time they are inserted into one of three reference index lanes housed in the facility’s basement, the DNA is ready for gene mapping in accordance with the DNA Act of 2013.

The team needs to be entered into the database in the event of any possible cross-contamination - a sneeze, an accidental touch, a cough, or a mistimed clearing of the throat - affecting the sampling process inside the labs, so that in the event of a sample picking up a particular gene map, the Cape Argus team can be ruled off the list of suspects, as they would have been recorded as visitors to the lab. Evidence of which can be proven in court.

Brigadier Deon Meintjes, who runs the facility, says: “No one can tamper with the list. We take your DNA and map it, but we can’t add you to an offender database. This is just for security.”

Lamani leads us into the lab.

Clothing samples hang in glass-doored drying cupboards. Sprawling testing tables lie central in the evidence extraction lab.

On these tables, clothing suspected of containing bodily fluids - blood or semen - is subjected to presumptive tests.

Reagents are used to determine whether stains presumed to be bodily fluids are indeed blood or semen. From there, a small piece of material - a 50mm by 50mm swatch - is cut up and put into trays of vials to be forwarded to the isolation lab.

Also read: Exclusive: Inside the SAPS’ Forensics Lab

The evidence recovery room is strictly controlled, as cross contamination can easily occur.

Once the sliver of evidence is extracted in the isolation lab, it can then be sent for quantification and amplification.

“But if at this stage we can’t extract DNA, we close the investigation. We can’t prove it, we can’t map it,” Lamani says.

To extract DNA from a single sperm cell, Lamani says, takes around six hours.

If it is confirmed by the isolation lab, the DNA can then be quantified and amplified. Prior to this step, the DNA degrades over time. But once quantified, amplified and stored, it’s evidence that can last for years.

The DNA material then goes to the electrophoresis lab. The equipment used in this lab cost about R2 million each. There are six of these machines. The apparatus uses capillary rays to take “pictures” of the DNA in order to visualise it. By visualising the DNA, the Writing Reporting Officer is able to compare the DNA to the suspect, and is able to present a report to the courts.

In the bowels of the facility, a unit dedicated to loading DNA into dedicated reference index lanes directly from buccal samples runs a tight ship.

The Cape Argus team is made to put plastic shoe slips over their shoes before entering the vaulted space. In line with the DNA Act, the genetic maps are loaded onto a database in a slick, automated process.In another wing, Colonel Noko Mabala heads yet another analysis unit which focuses on images, audio and video recordings, and administers polygraph tests.

“Sometimes they confess before the polygraph,” he chuckles.

In the image enhancement lab, a warrant officer explains that his job entails ensuring video evidence from CCTV cameras hasn’t been tampered with, by checking for changes in lighting, syncing, and even goes as far as matching the meta data with the time code imprinted in the image.

In the basement, the interrogation room can be accessed from the basement, fully secure “for people who think they can do a runner when they come for polygraph” Mabala says. The room is comfortable and has its own holding cell for suspected offenders.

“You must have slept at least five hours before we polygraph you. If not, some of your responses are still asleep. You can’t be on medication, because then it’s the medication giving responses. We interview you for hours before we even hook you up to the polygraph. We want you to fully understand what’s going on and what the consequences and definitions of your actions were and are.

“There are sensors we put around you, there are sensors in the chair, there are even sensors in the floor taking readings. We’re thorough and we’re accurate. We won’t administer a polygraph if you’re not ready to take it,” Mabala says.

“Trust me, private companies aren’t nearly as thorough as we are. We are very thorough. We do get confessions.”

lance.witten@inl.co.za

Cape Argus

Blood donations even more crucial in winter, says paramedic, as many regular donors are ill or fasting for Ramadaan.

Cape Town - The Vikings motorcycle club collected 149 units of blood at the eighth annual Winter Blood Drive held at the Turfhall Softball Club in celebration of World Blood Donor Month.

More than 500 bikers and members of the public turned out for the event at the weekend. Vikings president Ricardo Bowers said it was the first time this club had organised the event, which had been held every year since 2008.

“Our initial target was to collect 200 units, but many people were either fasting for Ramadaan or too ill to attend,” he said. “But despite this, the event was a huge success.”

The 2015 drive was convened by the Strawdogs motorcycle club, but this year the Vikings came on board.

“Bikers are usually generous in assisting with such initiatives,” Bowers said, “because so many bikers get injured or die on the road.”

The aim of the drive was not only to raise awareness among the biker fraternity, he said, but also the general public.

“Fear of needles is what prevents many people from donating blood. But people need to remember it can be your family member or you whose life depends on blood donations.”

Also read: Bikers raise R22 300 for new Red Cross ICU

Emergency Medical Services was one of the roleplayers that facilitated the drive. EMS paramedic and trainer Courtney Abrahams has been involved with the drive since 2008.

“One unit of blood can save up to three lives,” he pointed out. “You need to multiply the 149 units donated here by three to understand the impact, especially blood blood donations driop at this time of year because people are ill or fasting.”

The province’s hospitals alone use 700 units daily, which is why such drives are so important, Abrahams said.

“There can never be enough blood,” he added. “There was one incident where a biker lost so much blood, he used the hospital’s whole supply,” said Abrahams.

The veteran paramedic said that, in his 21-year experience, he had looked into the eyes of countless people who died because there was not enough blood to save them.

Cape Times

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WhatsApp messages between Marius Fransman and Louisa Wynand have come to light and have been forwarded on to the National Prosecuting Authority.

Cape Town - Northern Cape investigators are continuing the probe into sexual harassment charges laid against ANC Western Cape chairman Marius Fransman in January.

Last month, the woman who laid the charges against Fransman, Louisa Wynand, 21, from Stellenbosch was informed that the case had been dropped due to insufficient evidence.

However, WhatsApp messages between Fransman and Wynand have come to light and have been forwarded on to the National Prosecuting Authority.

NPA spokesman Luvuyo Mfaku confirmed on Tuesday that the Northern Cape police are probing the sexual harassment allegations but stressed that the case was not re-opened since it was never closed in the first place.

Wynand had accused Fransman of touching her inappropriately during the road trip to the ANC’s 104th anniversary celebrations in Rustenburg and forcing her to share a room with him.

The North West Police last month decided not to proceed with the sexual harassment case against Fransman, with Frank Lesenyego, Regional Communications Manager for the Director of Public Prosecutions in the North West Province confirming that the DPP declined to prosecute the case due to insufficient evidence.

Mfaku said the North West DPP referred the docket to the Director of Public Prosecutions in the Northern Cape because while studying the docket they realised that there were allegations of incidents of sexual harassment taking place in the Northern Cape.

“The North West DPP could not decide on the allegations in the Northern Cape because they are not within his area of jurisdiction.”

He said the NPA in the Northern Cape received the docket on May 27. The docket was allocated to a senior deputy in his office who studied it.

“They realised that there were some issues and queries raised and instructed police that an investigating officer should probe the allegations and afterwards return the docket for a decision to prosecute or not.” Mfaku said.

warda.meyer@inl.co.za

Cape Argus

Family murder accused Henri van Breda was granted bail of R100 000 in the Stellenbosch Magistrate’s Court after a brief appearance.

Cape Town - Family murder accused Henri van Breda was granted bail of R100 000 in the Stellenbosch Magistrate’s Court after a brief appearance on Tuesday.

On Monday, a year and a half after his family was brutally murdered in an apparent attack with an axe, 21-year-old Henri handed himself over to the police. He arrived at the Stellenbosch police station with his attorney Lorinda van Niekerk.

On Tuesday morning, Courtroom A was tense with anticipation before Van Breda’s appearance for the murder of his parents and older brother as well as the attempted murder of his sister – who might hold the key to unlocking what happened in the De Zalze estate last January.

Marli van Breda, Henri’s sister, survived the axe attack in which their millionaire businessman father, Martin, 55, and mother, Teresa, 54, and older brother, Rudi, 22, were killed last January.

Marli, who was 16 at the time, was left for dead with a severed jugular vein and severe head injuries.

She suffered retrograde amnesia and did not remember the attack.

She was released into the care of relatives and later returned to school.

Henri escaped the attack with minor cuts and bruises and was the one who placed the call to police after the murders.

The siblings were reunited five months after the attack.

There was a strong media presence in court, with representatives of the National Prosecuting Authority also present.

Henri’s uncle, Andre du Toit, was seated in the front row of the courtroom.

On Monday the family’s spokesman, Ben Rootman, confirmed that Henri was arrested and said the family issued a statement noting the arrest.

“The Van Breda family takes note of the arrest of Henri van Breda and all inquiries are directed to the police.”

Police spokesman Lieutenant-Colonel Andre Traut confirmed that a 21-year-old suspect had been arrested in connection with the triple murder.

“Our investigation into the three murders and an attempted murder which were perpetrated on the De Zalze estate during January 2015 led to the arrest of a 21-year-old suspect this afternoon when he handed himself over to the Stellenbosch police.

“The suspect is due to make a court appearance today in Stellenbosch to face three counts of murder and one of attempted murder.”

The docket has gone back and forth between the prosecuting officials and the police for months and investigators on the case were told to dig deeper.

Cape Argus and IOL

NPA spokesman Eric Ntabazalila said the authority believed it had a strong case against Henri van Breda that should ensure a conviction.

Cape Town - National Prosecuting Authority spokesman Eric Ntabazalila said the authority believed it had a strong case against Henri van Breda that should ensure a conviction.

Ntabazalila said DNA evidence prompted police to arrest Henri.

The 21-year-old accused of murdering his parents and older brother, attempting to kill his sister and obstructing justice was granted bail of R100 000 in the Stellenbosh Magistrate’s Court on Tuesday.

He appeared calm as he stood before Magistrate Lungelo Juma. He was supported by his uncle, Andre du Toit, who sat in the front row of the public gallery.

Henri faces three counts of murder, one count of attempted murder and obstructing the ends of justice after police found evidence that could prove he was guilty of brutally axing most of his family to death in January last year.

Defence advocate Pieter Botha, for Henri, argued that his client was not a flight risk because police were in possession of his travel documents and passport.

Botha argued that Henri would also not flee the country and that was “proven” because he did not leave in the 16 months police took to finalise the case.

The State did not object to the bail application and Henri was ordered to pay R100 000 before he was set free.

Several bail conditions were set which prohibited Henri from leaving the Western Cape and communicating with any of the State witnesses.

He was ordered to report to the Parow Police Station on Mondays and Fridays.

Pre-trial hearings will be heard in the Western Cape High Court in September.

Cape Argus

Allan Olivier has been called “dumb” and “a proper racist” by social media users for posting “Imagine a world without black. Heaven on earth that is what I would call it,” on Facebook.

Cape Town - Allan Olivier is the latest person to send social media users into a tirade after a post suggesting the world would be a better place without black people.

“Imagine a world without black. Heaven on earth that is what I would call it,” read Olivier’s post.

Olivier, who is from Cape Town and lives in Joburg, did not respond to a message for a comment, but many Facebook users condemned his post.

Christmas Jordan said she believed everyone on earth was created by God and in his image, and the Olivier was rude in making the statement.

“He would say differently if one of his parents or both were black. What a sad comment from a sad person. We should feel sorry for him. He can judge but wait until he meets his maker.”

Johnie Williams said that the comment was dumb because “where there are not Africans or blacks, there would certainly be no Caucasians, Europeans, Asians, Indians or anyone else”.

“The list goes on, but the facts remain, had not the first Africans not left Africa there would be no one else on the planet otherwise.”

Tebello Mokgalaka, who was shocked by the comment, did some further investigation on Olivier’s Facebook page and was left appalled. “This Allan Olivier guy is a proper racist, he’s not even ashamed. I went through his timeline and I’m still shocked.”

Olivier sports the orange, white and blue Union of South Africa flag as his cover photo and has a number of posts that could be deemed racist.

Recently social media has been a platform for many to share their racist posts.

Some of the more well-known ones belong to Penny Sparrow and Matthew Theunissen, who both had social media up in arms.

Last month, Theunissen wrote in a Facebook post, “So no more sporting events from South Africa. I’ve never been more proud than to say our government are a bunch or K*****... Yes I said it, so go F*** yourselves you black f****** C****.”

He made the post after Sports Minister Fikile Mbalula announced that South Africa would not be able to bid for international sporting tournaments for failing to meet transformation goals.

After an investigation by the South African Human Rights Commission, Theunissen was given community service, which he agreed to. He will be doing his community service for sports developments in a disadvantaged part of Cape Town for three to six months.

He was also told to refrain from any social network activity for 12 months while undergoing rehabilitation.

Theunissen will report to the commission after three months for spot checks.

In a separate judgment, Sparrow was ordered to pay a fine of R150 000 for her utterances, to the Oliver and Adelaide Tambo Foundation. She was given 60 days to pay the fine after making a post, this year, likening black people to monkeys.

yolisa.tswanya@inl.co.za

Cape Argus

A 15-year-old boy died after his head was bashed with concrete blocks during a suspected robbery in Cape Town.

Cape Town - A 15-year-old boy was stoned to death in Cape Town during a suspected robbery while on his way to buy alcohol with his friends.

Manuel Maya died moments after his killers bashed his head with cement blocks in Delft late Saturday morning.

His brother, Marlon Hoorn, 19, believes his brother was being robbed at the time.

“His friend came to us and told us Manny was lying in the street in Roosendal,” said Marlon.

“When we arrived he was still alive. My mother spoke to him but he could not respond.

“When the ambulance arrived a few minutes later they told us he didn’t make it.

“He and his friends were going to buy alcohol, they were at a party,” says Marlon.

Manuel’s mother Magdaline Maya was at the mortuary when the Daily Voice visited the home yesterday.

Lieutenant Colonel Andre Traut says a case of murder was opened for investigation.

“The circumstances surrounding the death of a 15-year-old boy on the corners of Sweetwell and Vergenoegd Streets in Voorbrug, Delft, are under investigation,” Traut says.

“According to reports, the victim was thrown with a brick against his head and later died on the scene.”

Daily Voice

The death of a Paarl intern, who died after she fell asleep at the wheel, has highlighted the long shifts young doctors work.

Cape Times - Overworked junior doctors are calling for new regulations on their working hours following the death of a young intern who was killed in a car crash after she allegedly fell asleep behind the wheel after working a very long shift.

Young doctors are blaming the Western Cape Department of Health and the Health Professions Council of SA (HPCSA) for allowing interns to work shifts of up to 30 hours or even longer.

The matter was raised by a concerned citizen and member of the medical profession, Dr John Roos, who wrote a letter to the Cape Times to highlight doctors’ concerns.

In the letter Roos used the tragic death of 25-year-old Paarl Hospital intern Ilne Markwat to throw the spotlight on the long hours doctors work.

Markwat was driving towards Cape Town on the N1 near Klapmuts at 10am on Friday last week when she fell asleep behind the wheel. Her vehicle crashed into the barrier before rolling and colliding with two other vehicles in the oncoming lane.

The young doctor succumbed to her injuries en route to Milnerton Mediclinic.

Markwat, who lived in Durbanville, started her medical internship at Paarl Hospital in January. She worked in the obstetrics unit, where last year interns had complained to the Junior Doctors’ Association of SA (Judasa) about working long shifts.

Markwat’s sister Tarien decline to comment on Monday.

“I wish to express grave concern for the safety and well-being of our junior doctors, and their patients. Junior doctors in the State Sector regularly work in excess of 30 hours per shift, sometimes without a break,” Roos wrote.

Roos said he had done extensive research on the consequences of working long hours.

“There seems to be a failure on behalf of the government to take cognisance of the consequences related to medical doctors who work overtime. We know of doctors who make serious mistakes while working long hours,” Roos said.

Earlier this year, Safe Working Hours, a group of local doctors campaigning to reduce the hours doctors have to work, petitioned HPCSA for a limit of 24 hours a shift.

Judasa chairperson Zahid Badroodien said junior doctors were currently expected to work 40 normal working hours and then 60 to 80 hours of overtime a month – equating to over 300 hours of work a month.

Badroodien said it was common for junior doctors to work continuously for more than 36 hours. “This results in an increase in medical errors which can lead to poor patient management. This is dangerous to ourselves as well as our patients.”

He said young doctors were being bullied by senior medical staff who had the perception that “long slogs through the night are a rite of passage” and will make them better doctors.

“We are held to ransom by the threat of not being approved for completion of the specific rotations…,” he said.

Badroodien said Judasa called for a cap of 24 hours and for the national department to review its overtime policy.

HPCSA spokesperson Fezile Sifunda said: “It is imperative that the contractual relationship between doctor and employer is consistent with the Basic Conditions of Employment Act and Conditions of Service that are applicable in the public sector.”

Sifunda said questions about overtime should be directed to the National Department of Health.

Department spokesperson Joe Maila referred the Cape Times to the Western Cape Department of Health. Western Cape Department of Health spokesperson Mark van der Heever admitted that medical interns worked for up to 30 hours in accordance with the provincial department and HPCSA’s policies.

“Interns should not exceed 30 hours of continuous work,” Van der Heever said.

Hospitals in the province monitored the working hours of interns within the policy parameters. “There will always be isolated incidents when hours will be temporarily extended due to the demands of service delivery, but this should not become a regular practice.”

carlo.petersen@inl.co.za

@carlo_petersen

Cape Times

Police are investigating a case of culpable homicide after a man was hit by a train just metres from his workplace outside Grabouw.

Cape Town - Police are investigating a case of culpable homicide after a man was hit by a train just metres from his workplace.

Jan de Wee’s legs were cut off where the freight train went over him.

Relatives and friends say they suspect the 52-year-old handyman stumbled and couldn’t get up in time to escape the oncoming train near Houwhoek Inn outside Grabouw on Friday afternoon.

“Maybe he knocked his head and was unconscious,” speculates Jan’s niece Wilmine Browers, 30.

Jan was alive for a few minutes after the accident.

“It was horrible to see him like that,” says Wilmine.

Jan’s colleague Roseline Kock, 43, says the train driver asked her for a blanket to cover Jan.

“His upper body was outside the tracks and his legs were cut off where the train drove over him,” says a shocked Roseline.

The incident happened less than a kilometre from where a freight train collided with Richard September’s car at a railway crossing on Lebanon Farm recently.

Richard, 33, escaped with a head injury while his three-year-old son Richard junior walked away unharmed.

Police spokesperson Lieutenant Colonel André Traut says a case of culpable homicide is being investigated.

Daily Voice

A dramatic car chase with police in Elsies River ended with a suspecteded hijacker crashing a stolen car into a wall.

Cape Town - After a dramatic high speed police chase a suspected hijacker crashed a stolen car into a wall.

The suspect slammed the blue Toyota Corolla into the gate and wall of a house in Holy Cross Street, Elsies River, on Monday morning.

It’s believed the man also fired shots at cops before the crash.

The Daily Voice Newspaper followed police with blue lights flashing from Delft to Elsies River where the suspect was cornered.

Police spokesperson Lieutenant Colonel Andre Traut confirmed the car was stolen in Kuils River.

“A Toyota Corolla was hijacked in Kuils River and later recovered in Elsies River,” Traut said.

“The complainant stopped her vehicle due to mechanical problems and was approached by two men in a white Toyota Tazz who assisted her.

“One of the men then sped off with the vehicle.

“Shortly afterwards, a police patrol spotted the vehicle in Elsies River and after a brief pursuit the vehicle had an accident and the suspect, who is in his thirties, was arrested.

“The second suspect is still being sought.”

The hijack victim also arrived at the scene, visibly shaken.

Cops ran several checks at the scene to find out if the suspects were involved in the earlier fatal shooting of a police officer in Delft.

“The suspects in that shooting drove off in a similar car,” a cop told the Daily Voice.

The suspect was taken to hospital and is expected in court once he has been charged.

Daily Voice

Philasande Dladla, 10, became the first African child to receive a ‘mechanical heart’ implant in a life saving operation in Cape Town.

Cape Town - A year ago, Philasande Dladla, 10, was an active hockey player and a budding swimmer who used to represent his primary school at competitions.

But within a few months after contracting a “flu virus”, his world changed and his future became uncertain after doctors diagnosed him with cardiomyopathy. It is a condition in which the heart becomes weakened and enlarged and cannot pump blood efficiently.

His mother, Sindi, recalled how tired Philasande would get.

“Initially we thought it was just flu, but we suspected that something was wrong when the flu wouldn’t go away. Instead of getting better, it escalated into stomach cramps, and he would get tired easily. The strangest thing was the rate at which he was gaining weight.”

But it turned out that the weight gain, was his body retaining water because of heart failure. Last month, Philasande, who only had 10 percent functionality of his heart, became the first African child to undergo a lifesaving operation at Netcare Christiaan Barnard Memorial Hospital, where a “mechanical heart” was implanted to enable his damaged heart to continue functioning.

The heart is known as a HeartWare Ventricular Assist Device (HVAD).

The pump, which is about the size of a golf ball, is implanted into the heart and is designed to restore a normal blood flow into and out of the heart. It keeps the patient well while awaiting a heart transplant.

It draws the oxygenated blood from the left ventricle of the heart and propels it into the aorta for distribution into the body. The right ventricle of the heart is responsible for pumping deoxygenated blood into the lungs, where it is oxygenated.

While the technology is widely used in Europe and the US, the city hospital became the first in Africa to do it. The first device was implanted about four years ago, and up until now it’s only been performed on adults.

Philasande, of Newcastle in KwaZulu-Natal, who has since temporarily suspended his studies at Drakensberg Primary School, was admitted to Netcare Christiaan Barnard Memorial Hospital at the beginning of last month. The implantation of HVAD follows another mechanical heart procedure at Netcare Milpark Hospital, where he had a temporary tandem mechanical heart device implanted six months ago.

This temporary device was to allow the repair of his damaged heart valves.

Dr Willie Koen, who is head of the transplant programme at the hospital and who operated on Philasande, said the device took on the full function of the heart once inserted, and helped to “restore normal blood flow by enabling the left ventricle of the heart to operate properly”.

The device worked only if the right ventricle of the heart remained operational. If not, the artificial heart, known as Berlin Heart, was used. But this required full-time hospitalisation.

Inserted during open-heart surgery, the device is surgically implanted directly next to the heart. A cable of the battery-powered controller then exits the patient’s skin through the diaphragm and connects the implanted pump to the externally worn controller.

Koen said the four-hour procedure was challenging in Philasande’s case due to the small frame of his body. “Because he is a child we had to improvise on everything. His femoral arteries, where we had to do a bypass, were very small, and his chest as well so we had to be extra careful with everything. Due to the small size of his chest, we had to place the device more to the lung area instead of the heart sac to give it more space in the chest,” he said.

Koen said the device enabled patients to wait safely for a new heart, without further deterioration of their health. The device can stay inside the body up to eight years.

“Philasande’s journey has been a most remarkable one and we are delighted that he has recovered so well that he is being discharged from hospital with renewed vigour and a smile on his face. Where Philasande’s future was uncertain before, he has now been given a completely new lease on life,” said Koen.

“However, these procedures were not a long-term solution and were designed to win Philasande time, as his heart had been damaged to such an extent that he needed a transplant. Unfortunately, although Philasande is on the transplant list, a suitable matching donor heart for a child is extremely difficult to come by and, as a result, another solution had to be found.

His mother, who described Philasande’s health problems as the “most taxing experience for our family”, said she was delighted and surprised at her son’s rapid recovery. Previously he had completely lacked energy but is now his old self again, she said.

Dr Cassel, who practises at Netcare Milpark Hospital, says that the groundbreaking procedures that were performed on Philasande had been made possible by years of international and local collaboration, and important advancements in cardiovascular medicine on the continent.

“Many South Africans are not aware that we have such active heart transplantation and repair programmes in place, nor that South Africa remains a leader in heart medicine. Philasande’s case once again highlights this fact,” he said.

sipokazi.fokazi@inl.co.za

Cape Argus

Court papers show evidence that could send 21-year-old Henri van Breda to jail for life for the murder of his family.

Cape Town -

Court papers say that Henri van Breda cut himself with a knife after he axed his parents and older brother to death and attempted to kill his teenage sister.

The attack happened at their secure home at the luxury De Zalze Winelands Golf Estate on January 26 last year.

Medical experts indicate that the 21-year-old exhibited “self-inflicted” wounds made by a knife.

Van Breda made his first appearance before Magistrate Lungelo Juma at the Stellenbosch Magistrate’s Court on Tuesday, where he was granted R100 000 bail.

He has been charged with three counts of murder, one of attempted murder and obstructing the ends of justice for lying to police and tampering with evidence.

Van Breda handed himself over to police on the instruction of his defence attorney, Piet Botha, before police could arrest him on Monday.

Court papers contain evidence that could ensure a sentence of life imprisonment for Van Breda who is accused of slaughtering most of his family and attempting to kill his sister, Marli, 18, who might hold the key to unlocking the case.

Martin Christo van Breda, 54, his wife Teresa Jacoba van Breda, 56, and Rudi Martin van Breda, 22, were found dead in their home, which was guarded by high security systems and monitored around the clock.

Court papers say that neighbours heard raised voices coming from the Van Breda home early that morning.

The State says Van Breda made a call to his girlfriend at around 4.24am, which went unanswered. Three minutes later, Van Breda searched via Google for emergency numbers.

Three hours after his Google search, at 7.12am, did he make calls for emergency assistance.

Minutes after that, he called his girlfriend again.

Police were notified of the triple-murder at 7.15am and arrived on scene where emergency services declared Van Breda’s parents and brother dead. Marli, who was also attacked with the axe that killed her parents, was fighting for her life.

Extensive surgery and further medical treatment saved her life.

Police recovered an axe and a kitchen knife at the scene. They both came from the Van Bredas’ house.

When police arrived, Van Breda was dressed in a pair of sleep shorts and white socks covered in blood. Police matched the DNA found on his clothes to his parents and brother.

The court papers say there were no signs of forced entry and no items were removed that could have suggested robbery.

The court papers read: “It is believed that after the commission of the crimes, the accused tampered with the crime scene, inflicted injuries to his person and supplied false information to the police in order to mislead police as to the true identity of the perpetrator.”

Before the case was transferred to the Western Cape High Court for a pre-trail hearing in September, Magistrate Juma imposed several bail conditions on Van Breda. Among them were that his passports remain in the possession of the police, that he hands over other travel documents and that he may not leave the Western Cape.

He may not come within 500 metres of any international port of entry, he is to report to Parow Police Station every Monday and Friday before 8pm, and he may not make contact or communicate with any of the State’s witnesses.

National Prosecuting Authority spokesman Eric Ntabazalila said the State had a “watertight case”.

He said police only arrested Henri after enough evidence was secured, 18 months after the attack.

“We are aware of the fact that some people think that we might have taken too long. We made sure we had enough evidence to take the case to court,” he said.

Ntabazalila would not confirm or deny whether Marli was one of the witnesses the State would call when the case goes to trial later this year.

gadeeja.abbas@inl.co.za

Cape Argus

Marius Fransman says the law must run its course after police confirmed a renewed probe into sexual harassment allegations against him.

Cape Town - Troubled ANC Western Cape chairman Marius Fransman says the law must run its course after Northern Cape police confirmed a renewed probe into sexual harassment allegations levelled against him in January.

Louisa Wynand, 21, the woman at the centre of the harassment saga, laid a charge against Fransman after accusing him of touching her inappropriately while travelling with him in his car to the ANC’s birthday celebrations in Rustenburg.

The Director of Public Prosecutions in the North West Province said last month it declined to prosecute the case because of insufficient evidence, but did forward the docket to their Northern Cape counterparts for consideration.

NPA spokesperson Luvuyo Mfaku confirmed the Northern Cape police were probing the allegation.

“The DPP in the Northern Cape received the docket on May 27 A senior official instructed police to probe allegations that originated in their province and the docket will then be returned for a final decision to prosecute or not,” Mfaku added.

Reacting to the probe, Fransman said it was clear there was a concerted effort to run a trial by media against him.

“I have stated from the beginning that I am not guilty of the allegations of assault and/or sexual harassment. I also said that the law must take its course,” he said.

He said he was confident that the pending Northern Cape investigation would come to the same conclusion as their North West counterparts and decline to prosecute.

Regarding the flirtatious WhatsApp exchange between himself and the complainant, which surfaced in the media, Fransman said the messages did not change anything. The only people I have to account to are those close to me. Just as the complainant has rights, so does the accused, one of which is the right to be presumed innocent until proven guilty.

“It is a sad reality that through the consistent media leaks of biased information, I am not being afforded the rights as listed in the Constitution,” he added.

Fransman’s legal representative, Mushtak Parker said if the DPP Northern Cape did decide to prosecute, it would be in the best interest of all concerned, and in particular his client, that the prosecution take place sooner rather than later.

“Our client’s life, as well as that of the complainant has been very adversely affected by these events, and closure is as necessary for him as it is for the complainant,” he added.

Wynand said the Kimberley police had made contact with her last week and she was “confident with the way that investigation is going,” she said.

Wynand spokesman Gavin Prins confirmed that the WhatsApp messages between Wynand and Fransman during the time of the incident were those published in the media.

warda.meyer@inl.co.za

Cape Argus