The man accused of causing the death of Top Billing presenter Simba Mhere has been found guilty by the Randburg Magistrate's Court.
Magistrate David Mahango on Wednesday found that Preshalin Naidoo's version that the car he was driving on the morning of the incident had a mechanical failure was improbable.
"The court finds that the version of the accused that it was a mechanical defect that caused the accident‚ is far-fetched and improbable‚" Mahango said.
He said the 2015 incident was instead caused by human error. The court rejected testimony by the defence's accident reconstruction expert Stanley Bezuidenhout‚ who was present in court throughout the trial.
"Although the court accepts that Mr Bezuidenhout is an expert‚ the court has a problem with his evidence‚" Mahango said.
"He was at all material times present in court. The question the court is asking is: what value should it attach to his report and whether it is enough?"
Bezuidenhout had earlier testified that speed was not the cause of the accident and that it was a result of a missing nut in the right-front suspension of Naidoo's vehicle.
Mahango found Mhere's father Joseph's evidence to be credible. He described him as a reliable witness.
In reaching his decision‚ Mahango said he could not ignore the evidence of Car Track‚ a company that had recorded Naidoo's speed from when he started driving his car the night before the incident until the next morning when it occurred.
Johannesburg - An Ekurhuleni farmer allegedly forced an employee to drink litres of faeces before attempting to drown him in a septic tank.
This is the latest shocking incident in a spate of racist attacks endured by farmworkers at the hands of their employers.
The plot on Short Street in Endicott, Springs, has been described as a place of constant torture, humiliation and physical abuse by those who have worked for the farmer, who also runs a car dealership on his yard.
Neighbours to the property, along R29, label the farmer and his family as “monsters”.
A 36-year-old man who worked as a mechanic for the family claims the farmer and his son tortured him on December 9 after he failed to switch on the engine of a septic tank pump machine. The father and son duo allegedly started swearing at him before midnight and called him a “useless k*****”.
“His son tightly held my hands behind my back and dragged me towards the sewer hole. His father took a big jug, dipped it in the sewer hole and forced me to drink its contents while calling me a k*****. He did the same thing twice and I was powerless to fight them back,” said the Germiston man on Tuesday as he relayed his horror.
He pleaded to remain anonymous for fear of further humiliation and embarrassment.
He claims to have then been thrown into the sewer hole but managed to crawl out 30 minutes later after he grabbed and held on to a loose piece of rope.
“I was already covered in filth. I tried several times to push the lid open but someone was pushing it down. The whole thing lasted for some time until I eventually got out,” he said.
The man went to his room in the workers’ quarters where he washed himself and even drank cooking oil to loosen his bowels.
“Some of the faeces I drank was starting to come out anally as I was bathing. I felt so humiliated and sick,” he said. He was only allowed to leave the next evening after he was locked in the yard.
The farmworker said his troubles took a turn for the worst after the Springs Police Station allegedly refused to open a case when he reported the incident a few days later. A policewoman allegedly told him that he would get arrested for operating a septic tank.
“I couldn’t believe a fellow black person was telling me this,” he said.
The worker escalated the matter with the Equality Court in Germiston where he was advised to make a sworn affidavit and take it back to the Springs Police Station.
The Star on Tuesday alerted Springs police spokesperson Warrant Officer Johannes Ramphora about the incident. He expressed shock at his colleagues’ conduct and the alleged crime.
“It’s devastating that in this day we still have people with so much hatred,” said Ramphora.
He called the man to his office on Tuesday, where a case of crimen injuria was registered against the farm owner and his son. An internal investigation into the allegations of the police officer’s refusal to open a case was also launched.
“I can’t sleep at night because of what I’ve been through,” said the man.
The farmer rejected all allegations against him and his family and said he had been a good employer to the man and at times paid for his child’s clothes and lent him a car.
“Are you mad, I would never call any person such an ugly thing as the k-word. I don’t want to say a lot of things but my advocate will deal with him.
“He must stop making allegations about me,” said the farmer.
Boy Rapabi, who recently got fired from the farm, said physical and emotional abuse was a daily occurrence on the farm and the family had become a law unto themselves.
“I’ve been slapped by the son several times for no apparent reason. The last time he hit me in November it was because he wanted me to look at him straight in the eyes when he was talking to me.
“It’s hell to work for them but we do it because we have families to feed,” said Rapabi.
The Star also learnt that the farm owner had a pending case of assault with intent to cause grievous bodily harm after he shot at three people who had been cutting wood near his house in May last year.
Lifa Mphuti, 40, was left with a scar in his buttocks after the farmer allegedly fired at them with a shotgun.
“The strange thing is that the owners of the property where we were cutting the wood had given us permission to do so. He just came for us and afterwards tried to bribe us with R1500 to quash the case,” said Mphuti.
The trial was scheduled to start two weeks ago. Ramphora said he would do a follow-up on the case.
Some residents described the family as bullies and horrible neighbours.
“They randomly shoot at night or peep through their security tower just to invade our privacy. The son sexually harassed me on several occasions during my pregnancy and I got tired of complaining to police about it,” said a female neighbour.
“People aren’t happy about them and some shop owners have even barred the family from their shops.”.
Johannesburg - The driver who allegedly killed two Johannesburg Metro Police Department (JMPD) officers after crashing into a roadblock is expected to make his first appearance in the Randburg Magistrate's Court on Wednesday.
The man allegedly drove his Toyota Hilux double cab into a group of officers, a BMW, Hyundai and a Porsche during a roadblock in Paulshof on Monday night, killing the female officers and injuring several other people, including two officers.
The slain officers were Winnie Mokgolo, a mother of three, and mother-of-two Sophie Ngoasheng.
The driver was also injured and was transported to hospital, along with the others, by Emergency Management Services personnel.
He was later arrested and detained at the Sandton Police Station, where his blood sample was taken.
Sandton police's Captain Granville Meyer confirmed that he clocked 1.36%, three times over the limit.
"The man currently faces two charges of culpable homicide, one charge of driving under the influence and another of reckless and negligent driving," he said.
Mayor Herman Mashaba meanwhile, visited the victims' families following the incident and expressed sadness and anger at their violent deaths.
“MMC [Micheal] Sun and I are devastated that the City has lost more JMPD officers in such a manner. It is believed that the driver who caused the accident was drunk. Over the course of the past weekend alone, JMPD arrested 308 drunk drivers in Johannesburg," he said.
“We will not tolerate such reckless and criminal behaviour. Drunk driving not only puts the driver of the vehicle at risk, but also places all other road users at risk as well. We send our deepest condolences to the families of the deceased JMPD officers, who were also our colleagues and friends,” said Mashaba.
Mashaba is expected to also visit the injured officers in hospital.
JOHANNESBURG - Capitec has responded to Viceroy Research, who on Monday accused the bank of underhanded business practices and called on Finance Minister Malusi Gigaba and the SA Reserve Bank to immediately place it into curatorship, saying it’s a matter of time before the JSE-listed bank goes bust.
The research group said reconciliation of loan book values, maturity profiles and cash outflows implied Capitec was either “fabricating” new loans and collections, or re-financing R2.5 billion - R3bn in principal per year by issuing new loans to defaulting clients.
It said legal documents it had obtained showed Capitec advising and approving loans to “delinquent customers in order to repay existing loans”.
The documents also showed Capitec engaging in “reckless lending practices as defined by South Africa’s National Credit Act”.
“Given what we believe is a massive overstatement of financial assets and income, together with opaque reporting of loan cash flow and reckless lending practices, we believe Capitec is simply un-investable and accordingly have not assigned a target price,” the group said, adding it saw no difference between Capitec and its “ill-fated predecessors” including African Bank.
On social media, Capitec responded to the accusations, tweeting: “We have taken note of the Viceroy report on Capitec Bank. We are currently in the process of investigating the report in detail and will respond appropriately.”
According to Gerrie Fourie CEO, Capitec Bank , "We have been informed of the allegations which Viceroy has made against Capitec Bank. We strongly refute these allegations and are in the process of gathering information to respond to the claims made in the report with facts. We are committed to providing clear and transparent information that will show that these claims are baseless. To this effect, we will have a media briefing this afternoon in Cape Town CBD to respond to all media enquiries."
Earlier, chief financial officer Andre du Plessis told Bloomberg News the allegations were "totally unfounded" “It’s very surprising that someone writes a report who knows nothing about us,” du Plessis was quoted as saying.
In a report it released on Tuesday titled Capitec: A wolf in sheep’s clothing, the company says based on its research and due diligence, it believes the bank is a loan shark with “massively understated defaults masquerading as a community microfinance provider”.
While Capitec, with a market capitalisation of just under R110 billion, was a microfinance provider to a majority low income demographic, “yet they out-earn all major commercial banks globally including competing high-risk lenders”.
We have taken note of the Viceroy report on Capitec Bank. We are currently in the process of investigating the report in detail and will respond appropriately.
Durban - When Rescue Care paramedics arrived at a fatal accident scene at the weekend, they found “total carnage”, Rescue Care paramedics director Garrith Jamieson said on Sunday.
But what made the situation worse was that while emergency services were attending to 16 injured people, local residents were busy stripping and stealing what they could from two cars and a truck.
“This is becoming a trend. It is even happening when injured people are still in their cars,” said Jamieson.
Last night, another medical rescue service confirmed that looting happened regularly at accident scenes.
The multiple pile-up happened on Saturday afternoon on the N2 southbound, near Chesterville, after a pedestrian was knocked down and killed and a second collision occurred.
“A truck collided into vehicles, pushing two vehicles down the bank. The truck also came to rest down the bank. A total of 11 cars and the truck were involved,” Jamieson said.
More resources were despatched to help, and that was when people began to help themselves to what they could from the three wrecks.
Paul Herbst of IPSS Medical Rescue Service confirmed that looting happened regularly on freeways, with the perpetrators being pedestrians or people driving past the incident.
The last incident was last year on the N2 between Mandeni and Stanger. It made paramedics' jobs more difficult because they struggled to identify the accident victims.
The looters were generally not hostile to paramedics and often left when they arrived.
It was "disturbing" that accident victims were not helped by the looters but robbed instead.
Shawn Herbst of Netcare 911 said that from his experience, this was more of a case of people being opportunistic.
He too said the looters never disturbed paramedics from doing their jobs.
There was shock and outrage on Friday when people were convinced that a muti ring was uncovered in Cape Town.
A voice note doing the rounds on social media claimed that body parts were found at a house in Ruyterwacht.
According to the man on the voice note, a gang had been hijacking and hacking off people’s body parts for muti but were bust by cops.
The voice note said: “They found body parts in that house. The neighbours started smelling something’s off. There was a lot of upmarket cars like Mercs and BMW X5s that’s standing in the yard. So they hijack you, they cut up your body parts, sell it for muti then they sell your car. They found a helluva lot of body parts in that house. It’s six foreigners.” [sic].
However, police have disputed these claims and says the suspects had actually been involved in an ATM robbery earlier.
Police spokesperson, Sergeant Noloyiso Rwexana, says the six suspects could be linked to an ATM robbery in Lwandle, Strand, earlier on Friday.
The suspects, five men and a woman, between 26 and 41 years old, were arrested in Drommedaris Street in Ruyterwacht.
Rwexana says robbers had cut through the metal casing of the ATM and took out the money.
“Alert community members in the Elsies River area working closely with police informed police about a suspicious vehicle they observed in the neighbourhood,” she explains.
“Police followed up on the information and the motor vehicle was stopped and searched. In the process, police confiscated an undisclosed amount of money.
“A preliminary investigation was conducted and it revealed that the suspects had been involved in an ATM cutting incident that occurred in Strand earlier on Friday."
“Six suspects, between 26 and 41 years old, including five men and a woman, were arrested. Once charged, they will appear in court.”
The police on a mission to arrest a 35-year-old man who is on the run from the police after the murder of 32-year-old Manyadi Linah , who was killed last night-Limpopo.
"She was found dead in the morning on Monday in forest outside small village called Henlopen in, She had stab wounds on her body.A case of murder was opened at Elandskraal police station," said Zwane.
The community members are helping the police to look for the suspect,as he was previously accused of killing his girlfriend.
Cape Town - Police say the suspect who allegedly stabbed a hiker to death near Boyes Drive in St James on Sunday posed as a security guard.
A 56-year-old man was stabbed while hiking with his partner on Sunday.
The incident comes less than three weeks after nine hikers were attacked and robbed of their possessions while hiking St James Peak earlier this month.
That incident led to the deployment of additional resources on the mountain side above Kalk Bay.
On Sunday, police spokesperson Noloyiso Rwexana said a murder case had been opened for investigation following an incident that occurred in Echo Valley, opposite Boyes Drive in St James, Muizenberg
“According to information, a 56-year-old man was stabbed while hiking with his wife by a suspect who was wearing a security uniform.
“The victim died due to his injuries. No one has been arrested so far.”
Hikers Network president Anwaaz Bent said: “We are concerned about the recent spike in attacks on the mountains.
"I came to learn about this just after it happened.
"It is really disturbing that people are not safe out there any more.
“There is not a particular hot spot.
“These guys just go out anywhere they see they can attack hikers.”
Kimberley - “Thank you, God... now you get it. The torture ends here.”
This was the last message sent by Refilwe Letebele, 28, to her former boyfriend and local rugby player, Siyanda Gxwati, 32. The next morning he allegedly stabbed her several times and then slit her throat.
The Kimberley Magistrate’s Court on Friday, through the testimony of Captain Sylvester Magugu, heard that Gxwati sent Letebele a message the night before she was murdered, saying that he will pick up his PlayStation at her house the next day.
Magugu was testifying in the bail application of Gxwati, who is charged with the murder of Letebele. She was killed at her home in Barkly Road on January 12 at around 8am.
The court heard that Letebele’s throat was slit and that she was stabbed in her upper body. The accused then apparently used the knife to stab himself 16 times and also attempted to cut his own throat.
Magugu said according to the pathology report Letebele died as a result of her throat being slit. “She also suffered seven stab wounds, which were all inflicted to her upper body, and had an eight-centimetre-long wound to the neck.
“The deceased had multiple injuries, including stab wounds to her left and right upper arms, shoulders and behind the ear,” he testified.
Family members and friends of Letebele, who were in the court gallery on Friday, gasped while others wept as the details of the brutal murder emerged. Letebele’s 13-year-old niece was with her at the time of the attack.
According to Magugu, the accused went to the house of the deceased under the pretence of collecting his PlayStation.
“According to family members of the deceased, the accused never entered the house of the victim before the alleged attack. Even during the time they were dating, he would always wait for her outside of the house.
“On the morning of the murder, the house assistant found the accused standing at the gate. He told her that he was looking for Letebele and the house assistant went into the house to call her.
“When the house assistant went tell Gxwati that Letebele was on her way, she found him already inside the house. The house assistant went outside and then heard the victim’s 13-year-old niece screaming for help,” he said.
Magugu testified that the young girl and the house assistant tried in vain to stop the accused from stabbing Letebele.
“When the house assistant went back into the house, she found the young girl on the back of the accused, trying to stop him from stabbing the deceased. Gxwati, however, continued to stab the victim as the child tried to fight him off.
“When he was done, he walked from the bedroom to the bathroom. Letebele was still alive at that time and was crawling on the floor. The house assistant and the girl tried to help her to her feet.
Local rugby player, Siyanda Gxwati, 32. Picture: Danie van der Lith/ANA
“Letebele told her niece to call her parents and the police. The accused suddenly came out of the bathroom, where he had stabbed himself several times, and dragged the knife across the neck of the deceased.”
Magugu told the court that Letebele started bleeding severely while the accused went back into the bathroom.
When the victim’s mother arrived at the house, the accused was still there.
“She tried to put towels on her daughter’s neck, however, the deceased died on the scene,” he said.
Magugu said that they now have evidence to support a Schedule Six offence, and not a Schedule Five as previously indicated. He said that police found evidence that the accused planned the incident.
“The accused had to receive medical treatment after the incident because he stabbed himself and also tried to slit his throat. A second knife was found inside his pocket when he was inside the ambulance.
“Upon searching the vehicle of the accused, which was parked in front of the house, a half brick was found inside. The brick had grey marks across it, which indicated that a knife was sharpened on it.
“The police seized two knives - a steak knife and an okapi knife - from the accused. The brick was also taken as evidence,” he said.
Magugu added that the fact that the accused went to the house armed with two knives and apparently used a brick to sharpen the knives, showed that he had intent to commit the crime.
“This murder was premeditated because why would the accused go to the house with two knives. The family also said that he had never entered the house previously, but that he did so on the day of the murder.”
Magugu said that, judging from messages on Letebele’s phone, it was clear that the accused was “stalking” her.
“The accused would send several messages to the deceased and she would not respond. In the messages the accused was begging the deceased to give their relationship another chance.
“In one of the messages she even told him that she could not believe that he was checking on her by driving past her house to see whether her car was there.
“The last message about him fetching the PlayStation was sent after 11pm on January 11, and the incident occurred the next morning, just hours after that message.”
Bail is being opposed as Gxwati might evade his trial by attempting to kill himself again.
“The accused already tried to commit suicide after he killed the deceased. He might just carry out his plan to kill himself again. Also, the community is up in arms about the incident. They might try to hurt him should he be released on bail,” Magugu said.
He also indicated that they are concerned about the safety of the witnesses in the case. “The 13-year-old (niece) is the main witness in this matter. The accused knows where the witnesses stay. He might also try and hurt the witnesses,” he said.
Defence indicated that they were “ambushed” into a Schedule Six bail application as it was previously stated that the matter was Schedule Five.
The court, however, said that it will take a decision on the Schedule after hearing evidence.
The case was postponed to today for the continuation of the bail application. The accused remains in custody.
