A 21-year-long battle by claimants of Protea Village to return to the area now known as Bishopscourt may soon become a reality.

Cape Town - A 21-year-long battle by claimants of Protea Village to return to the area now known as Bishopscourt may soon become a reality.

On Saturday, a signing ceremony will take place at the stone cottages across from the Church of the Good Shepherd on Rhodes Drive, to officially mark the start of the development of houses for 86 restitution claimants.

A developer has been appointed to assist in developing two erven on either side of Kirstenbosch Drive.

David Wilson, a claimant and a member of the Protea Village Communal Property Association (CPA) said the claimants - whose ancestors built the church - were excited to finally have reached this point in the protracted process.

“It is the real thing. No more backtracking. It is going to be a historical day for us who have struggled for 21 years.”

The handover ceremony of the properties which were owned by the city council and the Department of Public Works, took place almost 10 years ago - on Heritage Day in 2006.

According to the restitution agreement, the city council would provide the bulk services while the claimants would develop the land at their own costs.

None of the original residents of Protea Village are alive anymore, but their families took up the cudgels to have the land returned. Most of them are settled in suburbs on the Cape Flats including Manenberg, Lotus River, Lansdowne, Steenberg, Retreat and Heideveld.

“We are doing our best to assist the 86 claimants who moved together as a community and grew up together, to return,” said Wilson.

While there were plans on how the houses would be laid out on the properties, a large portion would remain vacant for other developments which he did not want to specify.

Wilson said the CPA was still ironing out financial matters related to developing the properties. According to the request for proposals issued by the Regional Land Claims Commissioner, applicants had to indicate how the property would be developed and managed.

In addition, a business model had to be provided suggesting ways to generate continuous income for the CPA which could include a village organic market and environmentally-oriented facilities.

Any development plans would be open to public comment from the surrounding Bishopscourt and Fernwood communities, Wilson said.

The claimants have, in the past, successfully fended off two legal challenges from residents’ associations.

In 2009, the Bishopscourt and Fernwood residents, led by prominent Cape Town attorney William Booth, sought to have the restitution deal nullified, but lost.

Booth, at the time the owner of an adjacent property, argued that residents had servitude rights in respect of the arboretum, a green public space with a spring.

Restoring the erf would lead to an invasion of privacy and increase noise levels, they argued.

They also complained they were not consulted as interested parties by the then Land Affairs Minister and the Land Claims Commissioner, before the land was donated to the claimants.

In 2011, the residents appealed the ruling and lost again.

On Thursday, Booth said after living in Bishopscourt for 17 years that he had sold his property last year.

His decision to sell was not related to the restitution process, he added.

While he was not against the restitution, he believed the process had to be open to public participation.

Green space also had to be maintained for public use.

“Anything like this should be debated. The residents’ associations were excluded. There is so much development going on in the city and we need open space too.

“Those people were evicted under awful circumstances. We want to make it great for everybody.”

Originally, there were over 130 claimants, but in 2002, 46 of them opted for financial settlements of R17 500 each.

Protea Village was the dwelling place of former slaves of the Protea Estate predating 1835.

When Bishopscourt was established in 1848, it was incorporated into the area governed by the Anglican Church.

The majority of the claimants lived in cottages built in the 1880s to house the men and their families who built the road from Groote Schuur to Hout Bay. The forced removals began in 1965 and by 1970, they were all moved out.

lindsay.dentlinger@inl.co.za

Cape Argus

Pranksters abusing the City of Cape Town’s emergency number have been warned they will be tracked down and prosecuted.

Cape Town - Pranksters abusing the City of Cape Town’s public emergency communication centre service have been warned they would be tracked down and prosecuted.

Of the 532 682 calls emergency operators received for the whole of last year 102 217, or 20 percent, were prank calls.

This meant an average of around 8 500 prank calls a month, or 280 prank calls a day were received.

Mayco member for Safety and Security, JP Smith, said the calls ranged from hoaxes to those of a perverse nature.

“The calls range from emergency hoaxes to the vilest verbal abuse, but also, more disturbingly, calls of a very perverse nature.

“It is unacceptable that our operators who are there to do a very serious job have to endure this type of abuse with no recourse except to cut the call. It is also very unfair and potentially life-threatening to people with real emergencies who cannot get through or who are kept waiting because pranksters are clogging the lines,” said Smith.

Several recorded calls were sent to the Cape Times.

In one of them a child reports a fake fire at a mall in Somerset West, while another proceeds to blurt several profanities at the operator before hanging up. Another person, who had allegedly called the service a number of times, said he was deported from the US and claims the Department of Correctional Services of trying to track him down. He ends the call before the operator can ask him further questions.

At the end of every call, before the pranksters hang up, operators are heard having to ask the public not to phone if it is not an emergency.

Smith said the City was preparing to track down and prosecute prank callers.

“Our system allows us to pick up exactly where the call is coming from, but it’s tricky when the perpetrator is using a public telephone. However, many abusive calls come from landlines and cellphones.

“I have instructed the City’s Special Investigations Unit to extract information on the top 10 habitual offenders and lay charges in terms of national legislation that makes such prank and hoax calls to an emergency call centre an offence.

Provincial emergency numbers include the City’s 107 public emergency number, 10111 for the police’s visible policing division, Crime Stop at 08600 10111 and 10177 for an ambulance.

francesca.villette@inl.co.za

Cape Times

At least 40 Blikkiesdorp children have not seen the inside of a classroom for more than two years, but the Western Cape education department denies any knowledge of them.

Cape Town - With the country focused on the importance of education as South Africa commemorated the 1976 Soweto uprising this week, school is nothing but a dream for at least 40 children in Blikkiesdorp.

The youngsters have no immediate prospect of finding a place in a classroom.

The shocking oversight means the children, aged between six and 17, haven’t seen the inside of a classroom for two years and longer - thanks to issues such as the parents being unable to afford the registration fees, or local schools having no space for them.

The provincial education department, meanwhile, denies any knowledge of the children.

Blikkiesdorp was set up as a temporary relocation area (TRA) in 2007. But today more than 1 500 corrugated iron shacks have become a permanent informal settlement officially known as the Symphony Way TRA, housing thousands of people.

During school hours this week, Weekend Argus saw a significant number of children playing outside in the streets.

The depth of the crisis was revealed during a meeting on Wednesday, called by children’s rights NGO Molo Songololo. Parents demanded to know why the Education department had done a count of children in February if they weren’t going to find places in school for them.

They also appealed to the department to help their children attend schools in other areas if local schools were full, and to provide the necessary transport.

Parents said their children were treated like outcasts by local schools, even going so far as to claim registration fees were purposely hiked so they couldn’t afford to pay them.

Molo Songololo director Patric Solomons said his organisation was aware of 43 children who needed local placements, but said their efforts to get the education department to intervene had proved fruitless.

A survey conducted by the organisation on the circumstances of each of the 43 children showed the children wanted to be in school, and were supported in this by their parents.

Reasons cited in the survey for why they weren’t at school included not finding places, lack of transport, and missing documentation such as birth certificates.

Some children had previously attended Hindle Road Primary School, Leiden Primary, Eindhoven Primary, N2 Gateway Primary, Elnor and Edward Primary Schools in Elsies River and Florida High School in Ravensmead.

The schools’ transfer and application systems were also criticised, including poor communication with parents, and a failure to follow up requests for transfers.

Officials at the meeting, who said they couldn’t be named because they weren’t authorised to talk to the media, said the department was responsible only for children aged between six and 15, for whom school attendance was compulsory.

Another official admitted to a shortage of classrooms in the area, but said “according to the brief I have, Blikkiesdorp will only be around until 2017”.

“We cannot build classrooms that will soon be without learners,” the official said.

The officials also disputed Molo Songololo’s survey and the number of pupils not attending school, saying the names of children could not be verified.

Solomons was, however, adamant the children had a right to attend school, and called on government representatives to commit to an intervention plan.

He warned that not being in school denied the children a basic right, and made them vulnerable to criminal elements and abuse.

Asked to comment, Education MEC Debbie Schafer’s spokeswoman, Jessica Shelver, denied there were children in Blikkiesdorp not attending school.

“Our district director has visited the area and could not find any children of school-going age that were out of school,” she said.

Shelver said the list of names they received contained no ID numbers or contact details.

“We are therefore unable to verify the names or contact the parents in this regard,” she said, urging affected parents to contact the district office.

Constitutional law expert Pierre de Vos said it was unconstitutional to deny children the right to education. The state had an obligation to ensure children attended school.

“Of course the parents also have a responsibility towards their children, but the state should do all it can for children to be at school,” he said, adding lack of money should not deny any child the right to basic education.

His views were echoed by Ntuthuzo Ndzomo, of Equal Education, who said it was problematic the department had not intervened and had shifted the blame. “It should never be an excuse that schools are full. The department should put remedies in place and it is aware of that,” Ndzomo said.

noloyiso.mtembu|@inl.co.za

Weekend Argus

Just hours before three members of the van Breda family were hacked to death, raised voices were heard coming from the plush De Zalze home.

Cape Town - Raised voices were the only hint something was amiss in a house in the heart of the upmarket De Zalze estate in Stellenbosch on the night of January 26 last year.

Nothing suggested one of the most shocking crimes to shock the country was about to happen inside.

Read: Best friend says Henri van Breda’s a genius

The next morning, authorities made the horrific discovery that three members of the Van Breda family, businessman Martin, 54, his wife Teresa, 56, and their eldest son Rudi, 22, had been hacked to death with an axe. The couple’s youngest child, Marli, then 16, was critically wounded.

This week, following more than a year of intense speculation, the only other member of the family, 21-year-old Henri who sustained only minor injuries, was arrested and charged.

It emerged this week the entire crime scene was restricted to the inside of the house. Security guards found no breaches, no one had forced a way into the house and nothing was stolen.

Even the alleged murder weapons, an axe and a kitchen knife, came from inside the house.

While Henri’s arrest upset his sister, residents of the De Zalze estate breathed a collective sigh of relief.

Louise Buikman, Marli’s legal representative, told Weekend Argus: “The news is understandably very distressing to Marli. Marli does not wish to comment further. The family want justice to take its course.”

De Zalze’s estate manager Boet Grobler said he and others there would be following the legal proceedings surrounding Van Breda closely.

“De Zalze is obviously grateful that the matter is receiving attention and that an arrest was made,” he said.

“The homeowners’ association made it clear from the start that it was an isolated incident and that there was no perimeter breach at the time.”

Van Breda appeared in the Stellenbosch Magistrate’s Court on Tuesday and was released on R100 000 bail.

The case was transferred to the Western Cape High Court, where he is expected to appear in September.

The State’s summary of facts put before the court this week described the De Zalze Winelands Golf Estate as “an exclusive housing estate which is guarded by high-security systems and monitored around the clock”.

“The Van Breda home is located approximately at the centre of the housing estate.”

The documents said on the evening of January 26 last year the family were home and “raised voices” were heard.

At 4.24am the next morning Henri called his girlfriend from his cellphone, but she did not answer.

According to the summary, three minutes later he googled emergency numbers. Only three hours later, at 7.12am, did he call emergency services.

Police were alerted to the incident three minutes after this call.

Henri’s parents and brother were declared dead at the scene, while Marli was rushed to hospital.

“An axe and kitchen knife were recovered from the scene. The axe is most likely to have been used in the attacks,” the documents said.

 “The axe and the kitchen knife come from the Van Breda home. The knife was part of a set of kitchen knives.”

Van Breda was discovered at the scene wearing sleep shorts and white socks. DNA tests on blood found on him and his clothing matched that of his murdered parents and brother.

The documents also said Henri had superficial wounds, including knife wounds, which appeared self-inflicted.

“There were no signs of forcible entry to the Van Breda home. No items were removed from the home.

 “No intruder to the estate was detected by the security company during the period in question.”

The summary said it was alleged that, after murdering his parents and brother and nearly killing his sister, Henri “tampered with the crime scene… and supplied false information to the police”.

This week Lorinda van Niekerk, a member of Henri’s legal team, said the defence would not yet be sharing any information about its views on the case.

 Timeline – January 27, 2015

* 4.24am – Henri van Breda calls his girlfriend from his cellphone. She doesn’t answer.

* 4.27am – He googles emergency services contact numbers.

* 7.12am – Henri makes several calls to emergency services.

* 7.15am – Police are alerted to an incident at the home.

* 7.38am – Henri again calls his girlfriend. The State’s summary of facts does not say whether she answered.

The van Breda siblings:

Rudi:

The impact Rudi van Breda had on his classmates is still being felt. 

In April this year, members of the University of Melbourne’s Trinity College a cappella group, the Trinity Tiger Tones, participated in a rowathon in his memory. 

Rudi had attended Trinity College and was a keen rower and rugby player there when his family left Australia and moved to the upmarket De Zalze estate in Stellenbosch.
About a year later, he was dead. 

On January 28 this year, Trinity College held a memorial service for Rudi.

“This brief service will include a time of remembering Rudi symbolically as well as a chance to offer words or thoughts,” it said in a Facebook post about the service.
In April last year, less than two months after the fatal attack, Trinity College hosted the first rowathon in Rudi’s honour.

The event was named “I Row for Rudi”.

“Please join the Facebook event and show your support to remember Rudi’s amazing contribution to our community,” a post said.
Rudi’s Facebook profile is still up and features several condolence messages and photographs of Rudi enjoying himself with friends.

Marli:

Support for axe attack survivor Marli van Breda increased this week as news emerged that her brother had been arrested for the horrific crime.

Marli, who was 16 at the time, sustained a fractured skull and extensive brain trauma during the attack. She was guarded by police after being hospitalised.

The teen, who at one point was in a medically induced coma and underwent neurosurgery, miraculously recovered.

A Facebook page, Support Marli van Breda, was created shortly after the murders and activity peaked this week.

“Much, much strength is wished for Marli,” one of her supporters wrote.

Another said: “Marli remember that the Lord brought you here. He won’t leave you now… Blessings to you all!”

Marli, who was in a rehabilitation centre after leaving hospital, was discharged from the centre in April last year.

At the time she was said to be suffering from retrograde amnesia and could not remember the attack.

Marli and Henri reunited five months after the attack.

Henri:

The 21-year-old accused of murdering his parents and brother has to follow a strict set of rules in the run-up to his trial.

Judging by the photographs and messages posted on his siblings’ Facebook pages, Henri’s family had travelled widely. But now Henri will have to stay put; his passport is with the police and he was ordered to hand over any other travel documents.

These are some of the conditions he has to abide by after his release on R100 000 bail by the Stellenbosch Magistrate’s Court on Tuesday.Other conditions include that he must report to the Parow police station between 8am and 8pm every Monday and Friday.
He may not leave the Western Cape.

“The accused may not come within 500m of any international port of entry,” another condition states.

Henri may also not communicate with any State witnesses.

He has never publicly commented on the triple murder and the attempted killing of his sister Marli.

This week a Facebook page titled Henri van Breda – Axe Murders was created.
But only a handful of people liked the page, which posted news articles about his arrest and subsequent court appearance.

A few months ago a weekly national magazine reported Henri had enrolled in a course to become a chef.

caryn.dolley@inl.co.za

Weekend Argus

The provincial ANC’s door-to-door election campaigning was stopped short in Elsies River when one of its member’s teenage sons was fatally shot.

Cape Town - The provincial ANC’s door-to-door election campaigning was stopped short in Elsies River when the teenage son of one of its members was fatally shot on Friday afternoon.

The party’s Siyazi Tyatyam, a member of the Western Cape provincial legislature, told Weekend Argus the shooting occurred at 3.45pm.

“We were doing door-to-door (campaigning) with the comrades.

“And then we heard about two shots.

“It was not very far from where we were,” said Tyatyam.

“After just five minutes or so, we received a call that the son of one of our key comrades in Elsies River was shot dead.

“Then the police arrived and other people.

“The boy apparently died at the scene.”

Tyatyam could not yet divulge the name of the teenager who was killed, or details of the ANC member in the area.

He said the party was still “comforting our comrade”.

Tyatyam said locals attributed the killing to gangsters.

“

We were told the area has been quiet of gang fights. But now we are doing door-to-door and we are about to go to the election then there’s a shooting, he said.

“We stopped our activity after the shooting and we will continue to comfort our comrade until her boy is laid to rest.

“We will continue to do our work in the area after the funeral.

“This is a critical ward where it is important to inject development, strong community policing and jobs for the youth.”

Police spokesman Andre Traut confirmed a 17-year-old had been shot in Elsies River. By late Friday night, no arrests had been made.

Weekend Argus

A man with a slew of criminal offences to his name was arrested following a cash-in-transit robbery in Kraaifontein, the Hawks said.

Cape Town - A 38-year-old man with a slew of criminal offences to his name was arrested following a cash-in-transit robbery in Kraaifontein, Cape Town, on Friday afternoon, the directorate for priority crime investigation (Hawks) said.

Cash-in-transit guards were in the process of loading cash into an ATM at the Belmont Centre in Van Riebeeck Road, Kraaifontein, just after 1pm, spokesman Captain Lloyd Ramovha said on Saturday.

The guards were “suddenly accosted” by three armed men and robbed of their firearms and four bags containing a yet to be determined amount of cash.

The robbers then fled the scene.

“No shots were fired, no injuries sustained; approximately five suspects [were] involved,” he said.

The Hawks cash-in-transit investigation team was summoned on the scene and circumstances surrounding the incident were probed. Investigations led the team to Bigaba Street in Wallacedene, a short distance from the robbery scene, where an Opel bakkie fitting the description of one of the getaway vehicles was found abandoned.

The vehicle had been hijacked earlier this month with a Lwandle case number.

“[The] Subsequent chain of events and information led the team to La Boheme Road, where a second vehicle, a VW Caravelle, was found abandoned.

Officers from law enforcement from the City [of Cape Town] were in attendance having apprehended one suspect, aged 38, who had unsuccessfully tried to outrun them earlier when they found him next to the said vehicle.

“According to information available at this stage the Khayelitsha-based suspect is currently facing a litany of criminal cases, among them two of murder, attempted murder, as well as cash-in-transit robbery. It is believed he is out on bail,” Ramovha said.

“His accomplices are still at large and we urge members of the public not to confront them as they are considered armed and dangerous, but to merely report their whereabouts to authorities. Investigations continue. All possible leads [are] being followed.”

The arrested man was expected to appear in the Blue Downs Magistrate’s Court on Monday on a charge of armed robbery with aggravating circumstances, Ramovha said.

– African News Agency

Twenty-four years ago on June 17 Maria Mosoetsa watched her uncle and older brother being hacked to death.

Twenty-four years ago on June 17 Maria Mosoetsa watched her uncle and older brother being hacked to death.

She was only 15 years old at the time. Her family members would be among the 45 victims of the Boipatong massacre, one of the bloodiest mass killings in South Africa.

“White policemen used soot to blacken their faces and covered their faces with balaclavas. The Inkatha Freedom Party (IFP) people had red head bands and they were heavily armed.

“When they entered our yard they smashed the windows, forced the door open and got inside. I quickly ran and hid under the bed. One of them came and stabbed the spot of the mattress that had been directly above me,” she said.

Mosoetsa, now 39 years old, managed to hide long enough under the bed for the attackers, believed to be part of a state-sponsored killing force, to move to other parts of their house.

“I remember them asking Ziphi izinja zika Mandela?’ (Where are Mandela’s dogs?) And thereafter they went on a killing spree… They killed anything that moved and they also destroyed our homes,” Mosoetsa said, speaking at the Vuka cemetery in Sharpeville, a 10-minute drive from Boipatong. It’s where most of the victims of the massacre have been buried.

This year, the massacre was commemorated with a wreath-laying ceremony, followed by the second official opening of the Boipatong Monument.

The memorial includes a museum, youth consultancy centre and a workshop area where the community can create art and crafts to sell. It will be fully operational from Monday, and entrance to the museum is free.

The monument and museum, however, have been plagued by problems. Locals said they’ve been prohibited from visiting the memorial site as contractors are denying people access, claiming they haven’t been paid for work done.

Mosoetsa is also not happy with how the survivors and families of survivors have been treated, more than two decades later. There’s even controversy over the details. Affected families insist the killings happened in the early hours of June 17, while some locals claim the killings started on the night of June 16.

Mosoetsa resents being “corrected” by people who were not directly affected. She also lamented the government only remembers them on one day of the year.

“They only know us when this day comes around. They will come to us, the day before the event, organise us so that we are ready, and we do this whole thing, but tomorrow it’s back to normal,” she said.

Elizabeth Hlubi, another survivor of the massacre, was injured when she was stabbed on the left side of her body, just below her armpit.

The injury still affects her physically to this day: “But last year, I had to get operated on at Sebokeng Hospital, and get treatment. I could not afford it. None of these people (the government) have tried to assist me. I am unemployed, I am constantly in pain, and they only know us on the 17th,” Hlubi said.

Gauteng MEC for Sports, Arts, Culture and Recreation Faith Mazibuko urged the community to respect the families’ insistence that the massacre happened on June 17.

“It’s important that we get this right, because it’s a part of our history. This is information that we archive so that our grandchildren and nations to come will hear this story and make sure something like this never happens again,” Mazibuko said at the opening of the monument.

Sunday Argus

Drugs found stashed in a Maitland liquor store 4 years ago led to a mammoth asset battle, which ended with a businessman facing the loss of assets.

Drugs found stashed in a Maitland liquor store four years ago led to a mammoth asset battle, which ended with a city businessman and suspected drug kingpin facing the loss of a luxury car and more than R744 000.

In a judgment handed down in the Western Cape High Court this week, the Asset Forfeiture Unit was granted an order to seize the cash and a 2008 Mercedez-Benz worth about R138 000 from Paul Kingsley, who ran a liquor store in Maitland.

“(He) is alleged to have committed serious offences, which include money laundering, tax evasion, drug dealing and racketeering,” the judgment said.

Kingsley, and three others implicated in the matter, may appeal the order, but if enforced, the seized money may be invested in crime fighting.

Kingsley had claimed the cash was proceeds from the liquor store. He had said the car belonged to his wife and was still being paid off.

Police discovered the car was bought from Mercedes-Benz Culemborg Motors, but although Kingsley had paid for the car and driven it from the motor dealer, it was bought under the name of another respondent in the matter.

“Further investigations into the affairs of (Kingsley) found he was registered for tax in 2008, but has never submitted any tax returns, nor paid anything to the South African Revenue Services,” the judgment said.

A National Prosecuting Authority press release on the order granted by the court welcomed the action.

The Asset Forfeiture Unit had been involved in a long-running civil battle with Kingsley.

Regional head of the unit, Gcobani Bam, congratulated those involved in the process.

Sunday Argus

A nonagenarian land claimant and her family will soon move back to the land they were once forcibly removed from by the apartheid government.

A nonagenarian land claimant struggled to hold back her tears as she realised that she and her family would soon move back to the land they were once forcibly removed from by the apartheid government.

Katy Sasman, 90, is one of 86 claimants who have been embroiled in a lengthy battle to reclaim Protea Village near Kirstenbosch National National Botanical Garden.

She said she was happy that things had finally come to a “wonderful end” and could not wait to move back home.

“I am too excited to speak but all I can say is when I come here I feel at home, Protea Village is my home and we have now got it back,” she said.

On Saturday, the group gathered at the Stone Cottages across from the Anglican Church of the Good Shepherd-Protea on Rhodes Drive for the official signing of the development management agreement.

Evicted under the Group Areas Act over five decades ago, the group is now a step closer to moving back to the land they have spent 21 years fighting for.

Emotions ran high as memories of time spent at the school, church and water springs were shared.

Huilbrecht Lewin, 63, recalled feelings of heartache and pain when her family was moved to Retreat when she was only seven years old.

Lewin told Weekend Argus that her aunt lived in the very cottage that the agreement was signed in.

She died on the night they were moved.

“It has been a long struggle but it has been worth it because now here we are, we are getting our homes back.

“It has been a long 21 years but now we are feeling joyous and excited.

“It may take about five or six years before we can get the new cottages, but we have waited this long and we can wait a little bit longer,” said the overjoyed woman.

Another claimant, Wilfred Smith, spoke of how “close” the community used to be, while also remembering walks to a nearby spring to fetch water.

“We didn’t have any electricity or water at the time so we would have to go fetch water from the springs just over the field and wood for the stove and fireplace. It was tough but we were all very close, the community was like one big happy family and everybody knew everybody else in Protea Village,” Smith said.

Smith, who now lives in Lansdowne, said the removal was heartbreaking.

“It was very hard to adapt to living in Lansdowne and I would come back to Protea Village often because it was where I felt at home”.

There were originally 130 claimants for land restitution for Protea Village.

However, 56 have since opted for financial settlements of R175 000 each.

It was previously reported that the claimants had successfully fended off two legal challenges from residents’ associations.

In 2009 Bishopscourt and Fernwood residents, led by prominent Cape Town attorney William Booth, attempted to have the restitution deal which was signed in 2006 nullified, but failed.

A second attempt, which also failed, was in 2011 when the residents tried to appeal the ruling to donate the land to the claimants.

Developer Daniel Filippi said the signing of the agreement was the first step of a very lengthy but inclusive process.

He said it could take up to four years to complete the development.

Sunday Argus

A gun was fired during a protest outside a Khayelitsha ward councillor’s home after a group of residents marched there to demand she steps down.

A gun was fired during a protest outside a Khayelitsha ward councillor’s home on Saturday after a group of residents marched there to demand that she not stand as their representative.

The residents want the ANC councillor for Ward 18, Ntomboxolo Kopman, to step down. The protest at Kopman’s house on Saturday was the second incident in a week in which a Khayelitsha ward councillor wasn targeted.

The unrest is linked to in-fighting over the councillor candidate selection process.

On Saturday a protester, who declined to be named, said scores of residents wanted Kopman replaced as ward councillor.

“We want someone better. There were about 200 of us that went to her house. We want her to hear us.”

The protester said the group was toyi-toying outside the house. She said someone on Kopman’s property had emerged with a firearm.

“He came out and wanted to shoot us. We ran.”

The protester said she heard a sharp crack and realised the gun had been fired.

Police had arrived and shortly afterwards the group had left Kopman’s home.

Last night Weekend Argus contacted Kopman, but she said she could not chat.

Police spokesman Lieutenant Colonel Andre Traut confirmed the protest.

He said a group gathered outside a councillor’s home.

“One suspect was arrested for discharging a firearm,” he said. No one was wounded.

On Friday the home of another Khayelitsha ward councillor, Amos Komeni, was set alight. No one was arrested for this arson attack.

On Friday ANC provincial secretary Faiez Jacobs told Weekend Argus the targeting of Komeni was an isolated incident.

caryn.dolley@inl.co.za

Sunday Argus

A Cape Town father who lives in the US has little to celebrate this Father’s Day, after receiving the news that he may never see his daughter again.

A Cape Town father who lives in the US has little to celebrate this Father’s Day, after receiving the news that he may never see his daughter again.

An Ohio court dealt the blow, stripping him of any rights to custody of his daughter in its finding that an earlier order he had obtained for temporary sole parental rights and responsibilities had been improperly granted.

The man is currently embroiled in a Western Cape High Court battle with his wife.

He lodged a claim in terms of The Hague Convention on the Civil Aspects of International Child Abduction for the return of the child to the US.

But his wife has countered that they were married by Muslim rites only, and so their marriage was not recognised as valid.

According to her lawyers, this meant she was regarded as unmarried and had sole custody, unless a court ordered otherwise.

According to court papers, the mother and child - who cannot be identified in order to protect the identity of the minor child - have been in Cape Town since late last year after leaving Ohio to visit relatives here.

She did not return to the US, and said in an affidavit before the court that the marriage had turned sour and that the father was not involved in caring for the child.

She claimed the father had been aggressive towards her, but said she had told him she was prepared to return if he sought intervention for his anger issues.

The father, in turn, instituted legal separation proceedings in Ohio and, in an attempt to get back his daughter, obtained a court order which awarded him temporary sole parental rights and responsibilities.

The mother then succeeded in having the order set aside, and the father later lodged objections against the setting aside of the order.

The Hague Convention application could not proceed until the Ohio court had made a decision on the objections the father had lodged.

This week, the parties informed Judge Siraj Desai of the Western Cape High Court that the Ohio court had ruled against the father.

Since the marriage was invalid where it was solemnised, the mother’s lawyers submitted, it would also be invalid in Ohio, meaning she had sole custody of the child, they said.

But the father’s lawyers countered that, for the purposes of the Hague Convention, he had rights of custody because he was named as the father in the child’s passport, which had been applied for jointly with the mother.

He had been required to give his written consent for the child to travel.

They also submitted his rights of custody were not dependent on marriage.

The decision now lies in Judge Desai’s hands.

Sunday Tribune

A suspected robber, facing a string of criminal charges including murder, is expected to appear in court in connection with a cash-in-transit heist in Kraaifontein.

A suspected robber, facing a string of criminal charges including murder, is expected to appear in the Blue Downs Magistrate’s Court on Monday in connection with a cash-in-transit heist in Kraaifontein this past week.

The 38-year-old is believed to have been out on bail when he and accomplices targeted the cash-in-transit van on Friday.

About four other suspects evaded arrest.

On Saturday, provincial Hawks spokesman Captain Lloyd Ramovha said, if spotted, residents needed to avoid the men and rather contact the police.

“We urge members of the public not to confront them as they are considered armed and dangerous,” he said.

The heist happened shortly after 1pm in Van Riebeeck Road, Kraaifontein.

Ramovha said guards were busy loading cash from the van into an ATM when three armed suspects ambushed them, grabbing their firearms and four bags of cash before fleeing.

The amount of money taken has yet to be determined.

No one was hurt during the robbery.

The possibility that the security guards may have been in cahoots with the robbers is being probed.

Ramovha said the Hawks cash-in-transit investigation team rushed to the scene and investigations then led them to the nearby Wallacedene informal settlement.

A bakkie, matching the description of one of the getaway vehicles, was discovered there.

It was found to have been hijacked in Lwandle, near Strand, earlier this month.

Further investigations led the team to another road, where a second vehicle, a VW Caravelle, was discovered.

Law enforcement officers from the City of Cape Town arrested the 38-year-old man next to this vehicle.

“According to information available at this stage, the Khayelitsha-based suspect is currently facing a litany of criminal cases, among them two of murder, attempted murder as well as cash-in-transit robbery. It is believed he is out on bail,” Ramovha said.

Independent Media understands the suspect was involved in a previous cash-van heist at Nyanga Junction in Manenberg in April 2009.

In that incident a group of five gunman had robbed and shot at guards delivering cash to a bank.

One security guard was killed and a second seriously wounded in that incident.

Sunday Independent

Six-year-old Brita Douglas Trompetter's body was discovered in a hole on a construction site near the skateboard park where he was last seen playing.

Cape Town - The Valhalla Park child who drowned in a hole at a construction site has been described as a humble and energetic boy who loved running around the house and playing with friends.

The community has been left devastated by six-year-old Brita Douglas Trompetter’s death. Brita’s body was discovered in a hole on a construction site near the skateboard park where he was last seen playing. A search for him was launched after he was reported missing on Friday.

His heartbroken mother Nicolene Trompetter said losing a child had caused the family sleepless nights.

“At the moment he was not going to school because we just moved from Mitchells Plain, so he was taken out of school, but he was in grade R.

”The family is coping, but they are still traumatised. I am trying to be strong,” she said.

Trompetter said the family were trying to raise funds for the boy’s funeral.

Graham Lindhorst of the Bishop Lavis CPF said neighbourhood watch

launched a search in the area after the boy was reported missing. Their initial search yielded no results but, after they resumed on Saturday, the boy’s rain boots were found near the hole.

“The father confirmed that it was the boy’s boots. We also saw hand marks around the area where the boots were found and the divers were called. The body was retrieved. It was a traumatic experience for all of us and some of our members even received counselling,” he said.

Police spokesperson Andre Traut said an inquest docket had been registered.

sandisiwe.ntlemeza@inl.co.za

Cape Times

Top Cape police officers Major-General Jeremy Vearey and Major-General Peter Jacobs have been demoted from their senior management posts to cluster commanders.

Cape Town - Two top Western Cape police officers have effectively been demoted from their senior management posts to cluster commanders.

Major-General Jeremy Vearey, the police’s deputy provincial commissioner for detective services and Major-General Peter Jacobs, the province’s crime intelligence boss, were informed last week they would no longer occupy their current posts and would be moved to Cape Town and Wynberg policing clusters, respectively. The pair, who have worked to “dislodge, disorganise and disrupt” gang activity in the province, must report to their new posts on Monday.

The written instructions, which came from national police headquarters, has had the police rumour mill working overtime last week, with senior police members accusing their bosses of buckling under political pressure.

Speaking on condition of anonymity, several police members claimed the new provincial boss, Lieutenant-General Khombinkosi Jula, “did not want” Vearey serving on his management structure.

“It’s no secret that Vearey has been rubbing several people up the wrong way. Continuously locking horns with the DA-led provincial government has not helped his cause either,” an insider said.

“People are strategically aligning themselves, and it is the fight against crime that will ultimately suffer,” another officer said.

The Police and Prisons Civil Rights Union (Popcru) is already gearing up to take the matter to court.

Confirming it would be challenging the demotions in court, Popcru provincial secretary, Mncedisi Mbolekwa, said they were taking up the cases on behalf of their members. “They are demoted for no good reason. We view this as unfair labour practice,” Mbolekwa said. He said the union will file a grievance today and plans to fight the employers “all the way to court”.

“We are going to attack the employer. There is already a case involving a correctional services official which set a precedent in the Western Cape High Court.”

Popcru said it was shocking that management did not follow due process.

“Vearey was told in a letter from national head office signed by the deputy police commissioner, informing him that he is being moved from his deputy provincial police post to cluster commander Cape Town,” he added.

Mbolekwa said their members were not consulted, and received no explanation as to what prompted the move.

“An employer does have a right to move you from time to time but, by law, they must give reasons as to why a member is being moved from point A to point B. The members should also have been afforded 21 days, but they were informed last week and must start today. They had to be afforded an opportunity to explain their situations and state their case.”

Popcru added that the move will not just impact on their members, but will also affect crime in the province as Vearey will no longer be heading up the anti-gang unit, Operation Combat.

“Vearey has played an integral part in the fight against organised crime, gangsterism and drugs and weapons smuggling in this province. Operation Combat has made numerous arrests and stopped several syndicates,” he added.

Mbolekwa expressed concern that “their expertise will be lost in the affluent areas where they are now being dumped”. “Obviously there are politics at play here, and we cannot allow politics to come into play in policing matters.”

Jacobs, who was also a former deputy provincial police commissioner, took up the post as the province’s head of crime intelligence in January 2014.

Vearey declined to comment while Jacobs could not be reached.

Community Safety MEC Dan Plato said he had yet to be officially informed of any changes to the senior management structure of the police in the Western Cape. “I trust any changes made by General Jula will be for the purpose of increasing the effectiveness of the police leadership on this province,” he added.

National police spokeswoman Brigadier Mashadi Selepe said the transfer and placement of officers was managed in compliance with the policies of the police.

“Deployment of senior managers and members of the service at all levels is processed with the objective of ensuring service delivery improvement balancing the needs of the organisation and the affected individuals. Other influences and/or pressure from any quarter is not a

consideration. Redeployment of managers and employees cannot be construed as a demotion. These processes remain internal so cannot be canvassed in the public space.”

warda.meyer@inl.co.za

Cape Argus

About 6 500 people were affected as severe weather conditions hit Cape Town leaving homes in some informal settlements flooded.

Cape Town - About 6 500 people across the Cape Flats were affected as severe weather conditions hit the City leaving homes in some informal settlements flooded.

Close to 1 600 families in Khayelitsha, Philippi and Gugulethu experienced flooding of their homes while in Sweet Homes informal settlement residents donned plastic sheets as they braved heavy downpours while fighting a losing battle using buckets, basins and spades to keep the water out of their houses.

In Barcelona, in Gugulethu, residents had to navigate their way through water-logged streets Some people lit fires to keep warm.

“At this stage 1 600 dwellings and 6 500 residents have been affected,” City Disaster Risk Management spokesperson Charlotte Powell said.

She said welfare organisations Mustadafin Foundation, SA Red Cross Society and the Historical Disadvantaged Individuals’ foundations provided relief to affected families, but no emergency shelter has been activated.

Sunday’s maximum temperature was 13°C and there was 80 percent rainfall.

Sweet Homes community leader Luxolo Pezisa said conditions were bad, but residents had become used to flooding.

“This is the story of every winter. What makes matters worse is that we built on sand. There are shacks where underground water emerges in winter,” he said.

Residents were trapped in their shacks on Sunday as the streets were waterlogged, he said.

Barcelona resident Luyolo Ntwanambi said:

“We don’t have as many problems inside our shacks as on the streets where we are unable to walk.

“I don’t even know how my three-year-old child will go to the crèche as this water will be here for a while.”

Another resident Nonceba Mehlwana said her family woke up to water flowing into their shack.

”It brought unbearable cold with it. It was still dark then, but we were forced to wake up and put something on the door to prevent more water from getting in,” she said.

Mehlwana said the bad weather aggravated their living conditions. “Many children have contracted diarrhoea and developed skin rashes because of floods here. Our shacks get wet and they stink when the sun comes out,” she said.

Cape Times

A former Eskom managing director has been found guilty of fraud and money laundering in the Bellville Specialised Commercial Crimes Court.

Cape Town – Former Eskom managing director Dawid Johannes Malherbe has been found guilty of fraud and money laundering in the Bellville Specialised Commercial Crimes Court, the Directorate for Priority Crime Investigation (the Hawks) said on Monday.

Spokesman Lieutenant Colonel Robert Netshiunda said Malherbe and a co-accused were arrested in 2013 after a whistleblower alerted the Hawks about irregularities in the tender awarding process at Eskom.

Malherbe awarded tenders to his own company, Energy Utility Services, during his tenure between 2007 and 2009 at Eskom.

"The results of the internal investigations as well as the reports from the external auditors found that Malherbe’s actions of awarding tenders to his company amounted to irregular, wasteful and fruitless expenditure. At the knowledge of the results, Malherbe immediately resigned," Netshiuanda said.

"The loss which Eskom endured was quantified to be in the region of R65 million. The Asset Forfeiture Unit has thus far managed to recoup approximately R10 million through the attachment of the accused’s assets.”

He said Malherbe’s co-accused was granted immunity from prosecution after he opted to testify against Malherbe.

Sentencing proceedings were scheduled for August 11.

African News Agency

A Cape Town pastor who was to be sentenced today on two charges of rape, has to wait until the end of the week - or longer - to hear his fate.

Cape Town - A church pastor who was to be sentenced on Monday on two charges of rape, has to wait until the end of the week - or longer - to hear his fate.

Pastor David Mteteleu Mnapu, 50, formerly attached to the church ministry known as the Christ Healing Fountain, in Manenberg, was found guilty last month of raping the same victim twice, first in a hotel room and then at his home in Pinelands.

He appeared in the Sexual Offences Court in Parow, before Magistrate Mandy van Leeve.

No sooner had the magistrate pronounced Mnapu guilty on both counts in May, than she also revoked his R1 000 bail and postponed the case to Monday for sentence.

When proceedings commenced on Monday, defence lawyer Uvile Siyo informed the court that she had taken the revocation of bail to the Western Cape High Court to review the proceedings.

The magistrate said she knew nothing about the High Court application, and that she needed a transcription of the proceedings before continuing with the case.

Siyo said she had instructions to bring an immediate application for the reinstatement of the revoked bail.

The magistrate said the court had no choice but to abide by the ruling of the High Court, and that she had no discretion either way whilst there was an application pending in the High Court.

She added: “I cannot make a decision on something that's pending in the High Court. I want a transcription of the proceedings in the High Court, before I do anything further.”

The case “stood down” for at least two hours.

When the proceedings resumed, Siyo said she was waiting for an e-mail from the registrar of the High Court, but that she wished to launch the bail application in the meanwhile.

The magistrate said the case was on Monday's roll for sentencing proceedings, and not for any bail application.

She added: “You cannot place anything on my roll without my permission.”

The defence attorney insisted, and the magistrate responded: “You cannot, absolutely cannot, place a matter on my roll without my permission. Nothing that you say will change my mind about this. I will schedule the bail application for Friday.”

Siyo said the accused was “not happy” about the delay, and was blaming her (Siyo).

Siyo added: “He says he's suffering, and so are his children, and that this amounts to a failure of justice.”

The magistrate ruled that the bail application would be heard on Friday, and that Mnapu would remain in custody until then.

African News Agency

The family of a survivor of a car crash allegedly caused by an exhausted medical intern have threatened to take action against the Department of Health.

Cape Town - The family of a survivor of a car crash which left a young medical intern dead after she allegedly fell asleep behind the wheel after working a very long shift have threatened to take action against the Department of Health.

Two people were critically injured when Ilne Markwat crashed into a barrier before rolling and colliding with two cars in the oncoming lane on the N1 near Klapmuts. The accident occurred at 10am on Friday, June 3.

Markwat succumbed to her injuries and was pronounced dead on arrival at Milnerton Mediclinic.

The injured, Carol Mostert, 45, and her fiancé Johannes Pretorius, 47, were rushed to Tygerberg Hospital, where they are still being treated in its Intensive Care Unit.

Mostert’s sister Janine Schouw contacted the Cape Times at the weekend, saying her family plans to take action against the department, and that they will “do whatever it takes” to hold the department accountable.

Schouw said: “We have an appointment with attorneys, and will be meeting them in the week to discuss the course of action we will be taking against the department.

“We will be going as far as we can go to hold the department accountable.”

Schouw said Mostert had undergone four major surgeries since the crash. She said it was “touch and go” for both her sister and Pretorius.

“It is terrifying to think how many accidents exhausted doctors have caused.

“Then, of course, there’s the threat they (pose) to patients. They are obviously not compos mentis in that state,” Schouw said.

The matter was brought to light recently after a concerned citizen and member of the medical profession, Dr John Roos, wrote a letter to the Cape Times.

Roos used the tragic death of Markwat to highlight doctors’ concerns about the long hours they work.

Markwat, who lived in Durbanville, started her medical internship at Paarl Hospital’s obstetrics unit in January.

Last year, interns lodged complaints to the Junior Doctors’ Association of SA (Judasa) about working long shifts at the unit.

Judasa chairperson Zahid Badroodien said the association remained steadfast in its call for safe working hours for all health professionals.

“Whist the circumstances surrounding the incident remain unclear, we believe the department and HPCSA must come under pressure to review the regulations applied to health professionals. Safe working conditions must be prioritised,” he said

Badroodien said it was common for junior doctors to work shifts beyond 36 hours – from 8am to roughly 4pm the next day.

“This results in an increase in medical errors which can lead to poor patient management,” he said.

Badroodien said interns are “bullied” into disregarding their rights, and are held ransom by the threat of not being approved.

“Nothing is being done to address the current issue. The department wants to extend the working week to include the weekend, and then expects medical staff to work longer and harder.”

He said Judasa was calling for a cap of 24-hour shifts.

Western Cape Department of Health spokesperson Mark van der Heever admitted the department and Health Professions Council of SA’s (HPCSA) had a policy for medical interns to work for up to 30 hours.

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

National Health Department spokesperson Joe Maila said the department was “looking into” reviewing its policy.

“We acknowledge that young doctors are working long hours. We have the health council looking into how they can adjust the hours that doctors work,” Maila said.

He said the health department would respond to the Mostert family’s complaint once it had been lodged.

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.”

carlo.petersen@inl.co.za

Cape Times

Advocacy group Equal Education is calling for history to be made compulsory for Grade 4 to 12 pupils, and for a review of the history curriculum.

Cape Town - As South Africans celebrate youth month, advocacy group Equal Education is calling for history to be made compulsory for Grade 4 to 12 pupils, and for a review of the history curriculum.

The group’s two-day national teaching and learning summit, which was held in Joburg under the theme “40 Years Since ‘76, the struggle for quality education continues”, concluded on Sunday with the release of a draft education charter.

“Education is a contested rather than a neutral space and we thus call for history to be compulsory in Grades 4 to 12, in all learning areas,” said the group’s general secretary Tshepo Motsepe, in a speech at the summit on Friday.

The Department of Basic Education has also been mulling the possibility of making history a compulsory subject.

In December, during the history round-table discussion, Basic Education Minister Angie Motshekga, said the department had not made a determination about the status of history as a compulsory subject “as yet”.

She said the department was investigating the possibility of strengthening the history curriculum “in a bid to make it compatible with the global changes and the new discoveries about the past”.

“Our endeavours are informed by the need to recalibrate the history curriculum and to distil for our learners the most useful topics to be covered. I must emphasise that we are in no way attempting to rewrite history for the benefit of the new ruling elites.

“A task team has been established to, among other things, investigate how best to implement history as a compulsory subject in Grades 10 to 12.”

The SA Democratic Teachers Union has for several years called for the teaching of history to be compulsory.

Motsepe said the charter would be based on several principles including that Equal Education remains committed to the provision of suitable school infrastructure to the poor, and that the quintile system for the funding of schools be abolished.

At the summit, Equal Education also proposed that the literacy and numeracy results for children in Grades 1 to 3 be made public in a similar way in which the matric results are published.

In his speech, Motsepe said Early Childhood Development should immediately be placed under the auspices of the Department of Basic Education rather than the Department of Social Development.

The group also called for township and rural schools to be prioritised in terms of the provisioning of maths teachers and resources, and demanded a cap on the number of pupils doing maths literacy as a subject.

The summit was attended by more than 250 Equal Education members and representatives of government and teacher unions.

On Twitter the group stated that its members in the provinces would be consulted on the charter. It would then be ratified in September.

The group said the summit was an opportunity for Equal Education and key education stakeholders to assess the progress made in the basic education sector over the last four decades. The summit examined the challenges and strategised on a way forward.

ilse.fredericks@inl.co.za

Cape Argus

Popcru has lodged a grievance with national police management after the demotion of Major-General Jeremy Vearey and Major-General Peter Jacobs.

Cape Town - The Police and Prisons Civil Rights Union (Popcru) has lodged a grievance with national police management after the demotion of two seasoned Cape crimefighters.

Major-General Jeremy Vearey and Major-General Peter Jacobs were informed by the national police head office last week about the change, without consultation.

Vearey, the former deputy provincial commissioner for detective services, and Jacobs, the Western Cape’s former crime intelligence boss, had to report for duty as cluster commanders for Cape Town and Wynberg, respectively, on Monday.

Although national police spokeswoman Brigadier Mashadi Selepe stressed that the deployment of senior managers and employees could not be construed as a demotion, Popcru is adamant due process was not followed.

Popcru’s provincial secretary, Mncedisi Mbolekwa, confirmed that Vearey and Jacobs’s old posts had already been filled.

Mbolekwa said the members who now occupied the posts should be mindful that “things could change” again. With the grievance filed on behalf of their members, Mbolekwa said the grievance procedure allows for 30 days, and if not settled, the matter could go to arbitration.

Although Popcru was mum on who would take over from Vearey and Jacobs, police sources said seasoned investigator Major-General Johan Brand would replace Vearey, while embattled crime intelligence boss Mzwandile Tiyo, who acted in the post prior to Jacobs’s appointment, would head the unit again.

In January 2014, Tiyo, whose name was on the so-called police purge list, was removed as acting crime intelligence head in the Western Cape.

Tiyo was the complainant in the case against national police commissioner Riah Phiyega, who was investigated after he reportedly heard her allegedly tipping off Western Cape police commissioner Arno Lamoer that crime intelligence and the Hawks were investigating him.

Brand headed the Mitchells Plain station before being promoted to Khayelitsha cluster commander.

Brand and Tiyo could not be reached for comment on Monday.

warda.meyer@inl.co.za

Cape Argus