A long running feud between two family members over the business interests of the late Amichand Rajbansi has been settled.

Durban - A legal spat between MF leader Shameen Thakur-Rajbansi and her stepdaughter has been settled after a draft consent order was obtained.

Thakur-Rajbansi had lodged an application in the Durban High Court asking that Vimlesh Rajbansi - the daughter of her late husband and party founder Amichand Rajbansi - hand over documents on several of his business interests.

She said they were necessary for her as executrix of his estate to determine whether the shares, in respect of five companies, belonged to Rajbansi’s estate and if so, to have them transferred into trusts.

After the draft consent order was presented to the court on Thursday, in which Vimlesh agreed to furnish the documents, Judge Trevor Gorven commented: “I’m glad sense has prevailed.”

The feuding family have been in and out of court since Rajbansi’s death in December 2011. Last year his daughters went to court to remove Thakur Rajbansi as executrix.

Durban High Court Judge Nompumelelo Radebe reserved judgment in that matter.

Rajbansi had left four wills but because he had not nominated an executor, the master of the high court had appointed Thakur-Rajbansi, as the surviving spouse.

Thakur-Rajbansi was given permission to administer the estate on condition she told the children of interim payments or distribution of assets.

In the application against Vimlesh and the auditors of the companies - chartered accountants Ramathe, Desai, Bhagat & Jeena - the MF leader asked that a securities register, a register of directors and nominee documents be handed to her.

Vimlesh is listed as a director of four of the companies but Thakur-Rajbansi said her late husband was the “actual shareholder” and owned the share capital in each of them.

She said he had however allowed his shareholding in Footwin Investments, Phoenix North Properties, Snap Shot Investments and Gahana Enterprise to be held in Vimlesh’s name as his nominee.

“(Amichand Rajbansi) directed that the shares in Phoenix North Properties be transferred to a trust to be created and that the income beneficiary of that trust would be me,” said Thakur-Rajbansi in her affidavit.

She said Rajbansi had directed that all cash assets, properties and shares in three other companies, as well as Manog Investment, be transferred to the A Rajbansi Family Trust (a separate trust) of which she was the trustee.

Manog Investment had a different nominee who did not have the requested documents, she said, adding she believed they were in the possession of the chartered accountants.

“In my capacity as the executrix of the estate of the deceased I am obliged to give effect to the terms of the last will and testament of the deceased,” she said.

Thakur-Rajbansi said Vimlesh refused to transfer the shareholding of the four companies into the respective trusts and that her attorney had written to the auditors about getting copies of the necessary documents.

In response, the auditors had said Vimlesh had “specifically requested” that the attorney not be allowed to inspect any of the companies’ records which the auditors held, she said.

According to the auditor’s e-mail to Thakur-Rajbansi’s attorney, Anesh Maharaj, Vimlesh said the shares in the companies did not belong to her father and should never be estate assets.

The companies are listed as financial intermediation and real estate businesses.

In terms of the consent order, Vimlesh has to pay Thakur-Rajbansi’s legal costs for the application.

noelene.barbeau@inl.co.za

Daily News

A man was sentenced to 22 years in prison by the Pietermaritzburg High Court for stabbing his mother to death.

Pietermaritzburg - A man was sentenced on Friday to 22 years in prison by the Pietermaritzburg High Court for stabbing his mother to death.

Thandaxolo Khumalo, from Maphumulo in Verulam in KwaZulu-Natal, admitted to killing his mother Thokozile Khumalo, 70, in July after coming home drunk.

He told the court on Wednesday he became angry when his mother scolded him for drinking and reneged on a promise to give him money.

Khumalo, 27, fetched a knife from the kitchen with which he stabbed her.

He then left his mother on the floor of her house, where she died, and fled when he realised what he had done. He tried to hide clues to his actions by burning his bloodied clothes.

According to the post mortem report she was stabbed in both lungs, her liver, face, and upper arm. She also had bruises on her face.

Khumalo's mother was a retired nurse who supported him and his child as Khumalo had never worked.

Convicted on Wednesday, Khumalo's defence said his guilty plea and the fact he was a first time offender were substantial and compelling circumstances justifying a 15-year sentence, the minimum for a first murder.

Acting judge Enthias Xolo, however, found that his acts deserved a more robust sentence.

He said the community demanded that violence against the elderly, women, and children be severely punished.

Sapa

Corruption-convicted former KZN municipal councillor Lucky Moloi was sentenced to eight years in prison.

Pietermaritzburg - Corruption-convicted former municipal councillor Lucky Moloi was sentenced by the Pietermaritzburg Regional Court on Friday to eight years in prison, five of which would be suspended.

Moloi was further sentenced to 36 months of correctional supervision, 190 hours community service and to participate in a rehabilitation programme.

Moloi is a former uMgungundhlovu district municipality councillor in KwaZulu-Natal.

Magistrate Jac Jordaan further ordered that Moloi, 48, may not abuse alcohol or non-prescription drugs.

Moloi, father to eight children from two wives, was originally charged with former Msunduzi deputy mayor Alpha Shelembe and his wife Joyful who were both acquitted on May 28.

Shelembe's sister Nelisiwe and a former bodyguard were also acquitted of the charges of corruption.

It is alleged Moloi colluded with two others to buy a building in central Pietermaritzburg. Moloi and Shelembe allegedly shared a R1 million commission, of which Moloi received R200,000. Three of his vehicles were forfeited to the State on Thursday.

Jordaan said corruption must be stamped out and people removed from where they could commit crime.

Sapa

The thought of a state enterprise running the national lottery was one of the major sticking points in the public hearings.

The thought of a state enterprise running the national lottery was one of the major sticking points in the public hearings on the Lotteries Amendment Bill in Parliament this week.

The National House of Traditional Leaders and two youth organisations, the Southern African Youth Movement (SAYM) and the SA Youth Council (SAYC), made their submissions on the proposed amendments to Parliament’s portfolio committee on trade and industry.

And while the House of Traditional Leaders said it supported the amendments, and was “ready to work in partnership with the National Lotteries Board”, it raised concerns regarding the clause that gives the Trade and Industry Ministry power to authorise an organ of state to run the lottery for eight years if there were “justifiable grounds” for not appointing an independent company.

Kgosi Themba Mavundla, presenting on behalf of the House of Traditional Leaders, suggested that a caretaker company should rather be appointed, to avoid direct state involvement.

However, ANC committee member Bheki Radebe defended organs of the state, saying that some, such as the National Treasury, were among the “best in the world”.

He added that to appoint a private caretaker company would involve tender processes, which would be too lengthy, resulting in a similar situation to the one where the lottery was suspended for months in 2007, after the awarding of the licence to operator Gidani was questioned.

Sello Pietersen, presenting on behalf of the SAYM, also raised concerns that “the role of the state must be the creation of a conducive environment for private business to flourish, and by the state contesting the private sector space, it undermines that very principle”.

The SAYC, meanwhile, submitted that the National Lotteries Board (which it advocates be called the National Lotteries Commission) be enabled to run the lottery in case of a delay in awarding the licence, and that the act should rather allow the minister to appoint a caretaker company for a period of no more than 30 months.

Both youth organisations also favoured a longer licence period for the private operator.

Pietersen said the seven-year period was “too short”, and did not make business sense.

They suggested a 10-year licence, allowing operators to invest more, knowing that their investment was a long-term one.

In other countries, he said, the lottery licence was routinely between 15 to 20 years.

Other issues raised during the hearings were over young people and projects in rural areas gaining access to lottery funding.

The National House of Traditional Leaders said it had previously had no engagement with the Lotteries Board, but had since signed a memorandum of understanding. Mavundla said that would allow the body to be in a position to recommend people who were “responsible” and “eager to serve the needs of their community” for funding.

The DA’s Giordin Hill-Lewis countered that there was already a process in place to ensure that applicants were responsible, and that a different process was not necessary for those living in areas “that fall under traditional leaders”.

Mavundla argued that the process would take place before application, and was one of “identification, not adjudication”.

The ANC’s Xitlhangoma Mabasa also questioned whether that approach would raise the risk of bribes. - Independent On Saturday

Hilton College will be reviewing its future excursions after double tragedy struck the prestigious boys’ school.

Hilton College will be reviewing its future excursions after double tragedy struck the prestigious boys’ school this week.

The school’s annual Outward Bound trip came to an abrupt halt on Friday after one of the pupils died and another suffered serious injuries, forcing doctors to amputate his arm.

The group of 10 boys and two adults were hiking in the Drakensberg as part of the leadership excursion when tragedy struck.

The excursion was cut short yesterday when Chris Loxton died after he suffered multiple seizures on Thursday afternoon. He was taken to hospital but died early on Friday morning.

School principal Peter Ducasse said a decision was taken to evacuate the Grade 9 pupil from the mountains after receiving specialist medical advice.

An ambulance was sent from Underberg to collect Chris to take him to a hospital in Pietermaritzburg.

“He was accompanied in the ambulance by two paramedics. During the ambulance transfer, Chris suffered repeated seizures and his condition deteriorated to such an extent that the medical team was unable to save him,” said Ducasse.

Earlier in the week Grade 9 pupil Xilombe Tlakula suffered serious injuries when a boulder fell on him in the Cathedral Peak area.

It was during the group’s second day of hiking.

It took rescuers more than four hours to reach the 14-year-old pupil who had to have his right arm amputated below the elbow.

He is recovering at Albert Luthuli hospital.

The school’s director of marketing, Paul Guthrie, said Tlakula was in a stable condition when he visited him. “He’s recovering,” he said.

The group of boys and teachers returned to school on Friday.

“Yes, indeed,” said Guthrie when asked if the school would review its future excursion of such a nature.

As far as the school knew, Loxton had no previous medical conditions, adding that the school would hold a memorial service for him.

The school, said Ducasse, was “completely” stunned by the two tragic events in as many days.

“It is in this darkest hour that I call upon the entire Hilton College family to pull together to love, support and comfort the Loxton family,” he said.

“His untimely death has left us all absolutely shocked and devastated.”

Ducasse described Loxton as a happy and well-integrated pupil. “We offer up our heartfelt condolences to Chris’s parents, Stuart and Debbie, and to his brother Nicholas, on their tragic loss.

“Words which adequately describe our sense of loss escape me, but I know that you will all join me in holding them up in prayer at this time.”

The school has arranged for immediate counselling for the boys and staff. - Independent on Saturday

“She can rot in hell for all I care.”

“She can rot in hell for all I care.”

These were the words yesterday of Vernon Norton, grandfather of murdered baby Jordan, responding to an explosive confession by Dina Rodrigues, behind bars for the killing.

The confession, in which Rodrigues said she planned the murder because she believed the child was an obstacle to her happiness with the father, Neil Wilson, formed part of an affidavit filed at the Supreme Court of Appeal in support of an application she lodged for special leave to appeal her life sentence.

The application was dismissed last month, but the contents of the affidavit offer the first insight into what was going on in Rodrigues’s mind when she recruited the hitmen to carry out the June 2005 murder.

Speaking to the Sunday Tribune in reaction to the application, grandfather Norton said Rodrigues had already done the damage to his family and was now trying to escape the consequences.

“Every day we live with the reality that a very new life was taken away by a selfish woman for her own self-indulgence. I’m not interested in what Dina has to say. The focus for me is on me and my family. She can rot in hell for all I care,” he said.

The Norton family attended each day of the trial, which took place before Judge Basheer Waglay in 2006 and 2007, listening carefully to every piece of evidence presented. But throughout, not a shred of information was produced to explain what drove Rodrigues to plan the infant’s murder.

Now, eight years later, Rodrigues has blamed the tragedy on her immaturity and her obsession with what she regarded as an obstacle to her happiness with Wilson.

She is currently serving her sentence in Worcester.

Explaining why she wasn’t frank with the trial court, Rodrigues claimed that she had been prepared to testify, but after consulting with her legal representative, consensus was reached that she should not.

She claimed her lawyers were unaware of the extent of the emotional turmoil she had been going through before the murder, because she did not confide in them as much as she should have.

In addition, she did not provide Judge Waglay with a pre-sentencing report because she feared she would then have to make the truth known.

“I placed no evidence at all before the trial court so that, when sentence was passed, the learned judge had virtually nothing before him which emanated from or concerned me… Although I am as much to blame as anyone for the consequences of my self-imposed silence, I am of the belief that the failure to explain the consequences of not taking the court into my confidence during sentencing contributed towards the sentence of life imprisonment imposed on me,” she added.

She had now had a change of heart because, she said, she had matured, received counselling in prison, and understood the enormity of the crime she committed – and the consequences for those she hired.

According to Rodrigues, she lived a sheltered lifestyle, had little experience of life and little experience with men.

She believed she was destined to marry Wilson, and her dreams of doing so were shattered when she heard of the existence of Wilson's child.

“I immaturely came to the conclusion that the birth of the child had condemned me to a life of continuing emotional turmoil and unhappiness.

“Looking back now, with the wisdom of hindsight and with the advantage of more experience of life, I realise that I was simply experiencing the unsophisticated emotions of an immature and inexperienced woman, adult in body but not in mind.”

She started plotting the murder, going to a taxi rank to hire a killer. There she met her co-accused, Sipho Mfazwe. Mfazwe recruited the other three accused – Mongezi Bobotyane, Zanethemba Gwada and Bonginkosi Sigenu.

Baby Jordan was killed on June 15, 2005.

Rodrigues contended that she should be sentenced afresh because “I did not receive the legal assistance and advice which a person in my position should have received”.

“I respectfully submit that the Honourable Supreme Court of Appeal is consequently entitled to intervene in the matter, should intervene, should set aside the sentence that was imposed, and should order that sentence be passed afresh by a judicial officer who has been informed of all the relevant facts,” she argued.

The application was dismissed last month. - The Sunday Tribune.

Convicted drug dealer Panganathan “Timmie” Marimuthu and his family are still on the police payroll.

Convicted drug dealer Panganathan “Timmie” Marimuthu and his family are still on the police payroll, with the potential to earn more than R150 000 a month in salaries – almost two years since their dubious appointment as crime intelligence “agents” was uncovered.

The influential Durban family, who own a string of businesses, were appointed by embattled crime intelligence chief financial officer Solly Lazarus, who faces fraud and theft charges in connection with the looting of a R250 million secret fund.

A Sunday Tribune investigation has revealed that Marimuthu’s wife Neermala Moodley, daughter Shantal Redhi, and son-in-law Dennis Redhi, are still on the police payroll as high-ranking officers, drawing salaries every month.

Moodley holds the rank of colonel.

Her daughter is a captain and her son-in-law is a lieutenant-colonel. Marimuthu’s rank could not be verified at the time of going to press.

The salary for a captain is about R240 000 a year, while a colonel receives R480 000.

Two independent sources with access to the police administration system confirmed that the four appeared on the database, which contains the names, ranks and employment histories of all police officers in active service.

The Marimuthu family were first exposed as planted crime intelligence “agents” late in 2011, when a Hawks probe uncovered their dubious appointments and the pillaging of a secret slush fund.

The inquiry into the R250m fund, meant to finance covert operations, brought down now-suspended crime intelligence head Richard Mdluli and Lazarus over abuse of the fund to buy cars and property, and pay debts.

At one point, the fund was used to bankroll building a wall at Police Minister Nathi Mthethwa’s home.

Lazarus and crime intelligence’s Colonel Hein Barnard initially faced fraud charges involving R1.1m.

This has since been reduced by the National Prosecuting Authority to R370 000.

They are expected to appear in the Pretoria Magistrate’s Court this month.

In April last year, Media24 reported Marimuthu was paid more than R300 000 a month by the fund – a R50 000 salary and the balance in rent for six properties let as safe houses.

A police source, who could not be named, confirmed that undercover agents had been forced to “surface” when it was found that the secret fund had been raided.

“The Marimuthu family, who have no police training, are on the payroll. Their appointment to the ranks of colonel and captain without a day of experience or training is clear abuse,” the source said.

The controversial uMhlanga businessman was in the spotlight again for his role in ousting former taxi boss Oupa Magashula in the jobs-for-pals scandal.

A recording of Magashula offering a R700 000 job to a friend of Marimuthu surfaced in the media and prompted Finance Minister Pravin Gordhan to launch a commission of inquiry into his conduct as head of the SA Revenue Service.

When the probe established that Magashula had lied to a fact-finding commission, he resigned.

His relationship with Marimuthu, and the extent to which he disclosed its scope to the commission, is understood to have sealed his fate.

Marimuthu’s link as an ally of disgraced police commisioner Bheki Cele has also been brought to the fore, with the two spinning different stories about the extent of their “friendship”.

Another police source, who would not be named, said Marimuthu was no longer in the employ of the police, but that his family members had stayed on in the crime intelligence unit as agents.

National police spokespersons could not be reached for comment.

KZN Police Commissioner Mmamonnye Ngobeni rebuffed the Sunday Tribune when she was quizzed on her knowledge of the Marimuthu family’s controversial postings.

“I have no jurisdiction over the Crime Intelligence Unit and the Hawks,” she said.

Marimuthu refused to comment on allegations that his family still benefited from police salaries. - Sunday Tribune

Chilling new details of how a Durban reveller died after being shot execution-style have emerged.

Chilling new details of how a Durban reveller died after being shot execution-style have emerged.

The Sunday Tribune can today reveal that Durban’s Craigh Botha was shot, allegedly by rogue bouncer Hector Britts, as he struggled with two other doormen who held him by his arms and who were trying to remove him from a popular nightclub.

The shock revelation has been made by Botha’s ex-wife, who was present at the incident at the Rocca Bar nightclub in Umgeni Road, Durban, on the night of August 3.

This version has been independently confirmed by several sources.

Botha’s ex-wife, Cindy, told the Sunday Tribune that, as Botha flailed, Britts pulled out his .45-calibre handgun and fired a single bullet into his stomach, which caused massive damage to his liver, gall bladder and part of his colon, which had to be removed.

Botha died of multiple organ failure last week. His funeral was held yesterday.

Botha and Cindy divorced in December, but were in the process of reconciling, were still close, and had gone out with friends for the night.

“We were arguing, but it was not a heated discussion. Craigh didn’t touch me – he has never put a hand on me. While talking, he was approached by the club owner and bodyguards to leave. He was co-operating. I don’t know what happened exactly, because it all happened so quickly, but within a few seconds of him (being) escorted (out) of the VIP area, I heard a gunshot.”

She said that, while Botha threw a punch, he couldn’t defend himself against Britts, as two bouncers held him as they tried to stop the fight.

“The two bouncers were trying to control the situation when Britts just pulled out his gun and shot him,” she said.

“I don’t know why Britts shot him, because Craigh even stuck his hand out to apologise.”

According to a witness, whose name is known to the Sunday Tribune, Britts had been in the VIP area, where a private function was being held for some mixed-martial arts (MMA) fighters.

“He was asked to work the VIP room where other MMA fighters, Donavin “Bam Bamz” Hawkey and Wesley “The Young Assassin” Hawkey, were having a birthday party,” the witness said.

“There was a heated argument with another bouncer who was working there, and Craigh was going to be escorted off the premises when Hector stepped in and provoked the situation by getting in Craig’s face, shouting and swearing,” he added.

“Craigh punched Hector twice in the stomach and Hector grabbed Craigh and they both fell on to the couch and, as Craig was getting up, that’s when Hector shot him.

“Hector then walked off and a young woman went after him and he showed her the gun and she ran out the club.

“He gave his firearm to another bouncer who works at Rocca Bar,” the witness said.

Donavin Hawkey said: “I had been downstairs, but when I went back to the VIP room, a girl who had witnessed everything told me what had happened,” he said.

“Craigh had been speaking to Tyrone Lundy (Rocca Bar’s owner) and had been asked to leave.

“Tyrone called Hector over and, while he was being escorted out, Craigh hit Hector and knocked him to the ground.

“While he scuffled with two other bouncers, the shot went off,” he said.

Britts, an MMA fighter known as “The Enforcer”, is no stranger to controversy.

In a house robbery on the Bluff in 2008, he doused a family in petrol and threatened to set them alight.

Private Security Industry Regulatory Authority spokeswoman Siziwe Zuma confirmed that Britts, a firefighter moonlighting as club security, had applied to be registered as a security officer, but had been turned down in 2009 because of four pending criminal cases.

Investigating officer, Warrant Officer Shain Naidoo, citing internal police protocol, would not be drawn on the circumstances leading up to the shooting.

However, a police source close to the investigation, who could not be named, said that other bouncers at the club had not been charged.

“We have lined up six witnesses who were at the club, and their statements are being obtained.

“At this point, it does not look like we will be charging anyone else,” he said.

The source added that CCTV footage from inside the club would not aid the investigation.

“There are cameras inside the club, but they will not be helpful, because they are focused on the tillpoints and nothing else.”

The officer confirmed a .45-calibre handgun was recovered and would be sent for ballistics testing.

“The case will rely heavily on witness statements.”

Cindy broke down as she spoke of how, just metres away from where she was standing, Botha was shot.

She said the family had been called to the hospital to say their last goodbyes to Botha early last Sunday.

“The room was filled with his family. I stood on the left of him and bent down to whisper in his ear how much Kira (our daughter) and I loved him.

“I thanked him for being the love of my life, and for everything he had done for me and his daughter.

“Although he couldn’t speak because he was under sedation, his eyes teared up. I wiped away his tears and knew it was a sign that he had heard me. He was trying to tell me in the only way he could that it was going to be okay,” she said.

“Craigh was a gentle giant – everyone loved him. He wasn’t a fighter – he was a peacemaker. His death is senseless. So what if he threw one punch? It didn’t give Britts the right to shoot him,” she said.

She said she was afraid for their safety.

Botha’s brother, Andrew, said his family would only have closure once Britts was in jail.

They had hired two private investigators, including Brad Nathanson.

“The only way we as a family can forgive him and move forward is if he is man enough to admit what he did and is genuinely remorseful. We don’t want to hate him,” he said.

Botha’s sister, Lindy Beyers, questioned why Britts was allowed to have a firearm in the club.

Repeated attempts to contact Lundy were unsuccessful.

Britts is due to appear in court on Wednesday. - Sunday Times

In an exclusive interview with The Mercury, fraudster Schabir Shaik speaks about his health, Zuma and justice.

Durban - Four years after convicted fraudster Schabir Shaik was released on medical parole, questions remain about his health – but he insists that hypertension medication is keeping him alive.

In an exclusive interview with The Mercury at his plush home in Innes Road, Morningside, this week, Shaik, 56, said: “I am still on six hypertension drugs. I take six pills in the morning and six in the evening. These are all prescription medicines. I will be on drugs for as long as I am alive.

“I also go for a medical check-up every month,” he said.

Amid great controversy, President Jacob Zuma’s former financial adviser was released on parole on medical grounds in March 2009. He arrived home in an ambulance and was wheeled into his room on a stretcher after he being diagnosed with uncontrolled hypertension, a condition he describes as a silent killer.

Asked if he was terminally ill, Shaik responded that he suffered from “severe uncontrollable hypertension”, a genetic affliction of the vascular system, from which both his parents suffered.

He had changed his eating habits and was now on a strict low-carbohydrate diet. His eyesight had improved as a result.

Shaik said his condition could be managed through medication and by living a healthy lifestyle.

He told The Mercury that when he was in prison, the Correctional Services Department and the Health Department did not have the expertise to manage his condition. So he became a “ping pong ball” between the two state facilities until he was paroled. Shaik was sentenced to 15 years in jail for fraud and corruption involving ANC president Zuma, but only served two years and four months of his sentence. His release sparked questions as to whether he really was in the final stages of a terminal illness – the basis on which medical parole is usually granted.

DA MP James Selfe said the normal grounds for medical parole required that a person be released to die a “dignified and consolatory death”, as the Correctional Services Act put it. Selfe said Shaik may very well be on medication for hypertension, but he was not released legally.

“Hypertension can be treated inside the prison hospital. It was clear he (Shaik) was released unlawfully for political reasons. The whole thing was a travesty, followed by a cover-up. He shouldn’t have been released on medical grounds,” he said.

But, Selfe added, Shaik’s matter could not be challenged now because he was released on medical parole just weeks before a change in the law kicked in that would have given the inspecting judge of prisons the power to refer the decision for review.

Shaik, who was once a prominent businessman and Durban high-flyer, now spends most of his time confined to his home.

He said that it was ironic that he was now a “prisoner” in his home and unable to enjoy the freedom he fought for.

Speaking in a hoarse voice, Shaik said: “Some days are good. Some days are bad. I don’t even know how long I am going to live. I am not too bad. What can you say? Life is like that. All our lives are up and down.”

There were “many other things” to worry about than him.

“You must worry about J Arthur Brown,” he suggested, referring to the former Fidentia boss who was given a suspended prison sentence in May and fined R150 000 after being convicted on two counts of fraud. Brown had originally been charged with 192 counts of fraud, theft and money laundering.

“That guy (Brown allegedly) stole hundreds of millions and gets a suspended sentence. There is no justice in this country,” Shaik said.

He was also emotional when he spoke about how he had lost his businesses, and about his fraud conviction, which prevented him from being a director of a company or opening a business school.

“The Asset Forfeiture (Unit) took R4 billion from me in cash and assets. I didn’t side with (former president Thabo) Mbeki. I sided with Jacob Zuma.

“Baba Zuma is right for this country. He sacrificed for this province and brought peace and stability.”

Shaik says he has to keep a close eye on his watch before leaving home, to comply with his parole conditions.

His parole conditions in 2011 were six hours of free time, from 12pm to 6pm, on Saturdays and Sundays. He also had two hours’ free time every day during the week at any time of his choice.

Shaik said he now enjoyed more free time – but did not specify how much.

“I do a lot of philosophical reading, I do a bit of yoga, I exercise and swim a little every day,” he said.

But Shaik said that his new lifestyle was “boring and mind-killing”.

“For a person who was involved in business at corporate level, to suddenly stop… But if that’s God’s plan, then I must accept that,” he said.

Shaik said he also devoted most of his time to his seven-year-old son, Yasir. He said the trial and his time in prison had taken a toll on him, but his family had been the biggest casualty. He and his wife, Zuleika, had become estranged, but had since reconciled and were living together.

Shaik maintains that his friendship with Zuma has not changed.

He said the State offered him a plea bargain before he went on trial, but he chose to protect his “comrades”.

Asked if Zuma had repaid him the R2 million “loan”, Shaik said that the issue was “personal”. He spoke highly of Zuma, saying he had been Shaik’s commander in exile, and that “we must protect our president”.

It has been more than four years since Shaik applied for a presidential pardon, but he is no closer to finding out if he will get his freedom.

But Shaik said there were people who had been promised presidential pardons during Thabo Mbeki’s time and who had been waiting longer than he had.

“He (Zuma) hasn’t left me in the lurch, he has to apply his mind to 120 other applications,” he said.

On Friday, Department of Justice and Constitutional Development spokesman advocate Mthunzi Mhaga said Shaik’s application for pardon was in “process”.

“This process is confidential and therefore details of Mr Shaik’s application and any other request for pardon cannot be discussed in public,” he said.

Shaik said he had no regrets and remained adamant that he and Zuma had not had a corrupt relationship. He believed his arrest and trial had been part of a political conspiracy to discredit Zuma.

Selfe said he did not believe anyone should get a presidential pardon as this amounted to subversion of the administration of justice.

“I am opposed to presidential pardons for anybody. Once the court process has run its course the court judgment and sentence must stand,” he said.

The Mercury

Six men allegedly linked to an international child pornography ring have been arrested in parts of South Africa.

Johannesburg - Six men allegedly linked to an international child-pornography ring have been arrested in parts of South Africa, The Times reported on Wednesday.

Police spokesman Lieutenant-General Solomon Makgale said they were arrested last Thursday. Two were teachers from Florida and Carletonville, a school principal from Nelspruit, a lawyer from Lichtenburg, a Pretoria dermatologist and a North West businessman.

Another 26 people were being investigated and more arrests were imminent, police told the publication.

Police also raided several homes at the weekend in KwaZulu-Natal, Eastern Cape, Western Cape and Free State.

“Police raided 15 properties and seized 672 dvds, 22 memory sticks, eight laptops, two computer tablets, 39 external hard drives, 25 books,” said Makgale.

The case had links to Canada, the United Kingdom, the United States, western Europe and Australasia.

The newspaper reported that children as young as five were believed to have been groomed to have sex with each other and adults.

The images are believed to have been generated overseas, and police - with the help of their international counterparts - are investigating whether children from South Africa participated.

Police overseas were also investigating if any of the children were murdered.

The six accused face several charges including child-pornography manufacturing, possession and distribution. - Sapa

Port Shepstone police have arrested a woman who allegedly tried to hire a hitman to kill her two sons.

Durban - A KwaZulu-Natal woman was arrested in Gamalakhe, Port Shepstone, for allegedly trying to hire a hitman to kill her two sons, police said on Wednesday.

The woman allegedly approached a relative who had recently been released from prison to kill them, offering R25 000 for each child, Colonel Jay Naicker said.

“The alleged motive for the killing was that she wanted insurance money because she had insured her sons,” Naicker said.

The relative reported the matter to the police.

A police officer posing as a hitman arrested the woman in her home, after she had gone to fetch photographs of her sons for him.

Her sons were home at the time.

The 50-year-old mother of three would appear in the Port Shepstone Magistrate's court on Thursday on charges of conspiracy to commit murder. - Sapa

The stricken coal ship straddling a sandbank off Richards Bay posed no immediate pollution threat, authorities have said.

Richards Bay - The stricken coal ship straddling a sandbank off Richards Bay posed no immediate pollution threat to the coastline, maritime and environmental authorities have said.

The MV Sharp, which had almost broken in two in rough waters on Tuesday, was leaving Richards Bay harbour on Monday afternoon when it struck a sandbank and broke its back in 10m swells.

The South African Maritime Safety Authority (Samsa) executive manager for the east coast, Captain Saroor Ali, said the ship’s potentially hazardous fuel was safely sealed, though, and that there was no immediate danger of its leaking out.

“There is an estimated 1 769 tons of fuel oil, and 129 tons of diesel oil, but there is no threat to the engine room,” said Ali.

He said the disaster management team assembled for the salvage operation had already begun its work, which would see the fuel removed first, followed by the 148 000 tons of coal the Smart was carrying.

The Ezemvelo marine conservation officer for Richards Bay, Kevin Green, said that although there was no fuel leaking from the ship, some of the ship’s payload had begun to shift out.

“There is coal dust coming out of the ship, which our scientists are currently evaluating to assess the threat,” said Green.

He said the coal did not pose an immediate threat, however, and the main focus was on keeping the fuel contained.

The Durban-based maritime services company, the Subtech Group had been appointed to head the salvage operation, which Green said would take at least a month, before the issue of the wreck could be dealt with.

Ali said that the maritime authority had a “plan A, B, and C” when it came to salvaging what remained of the Smart, but that it all depended on the weather.

Samsa said the Smart was owned by an “international company” which had $1 billion (R10.15bn) in pollution cover and unlimited cover when it came to wreck removal.

Andrew Zaloumis, the chief executive of the nearby Isimangaliso Wetland Park and World Heritage Site, said that at this stage there was no concern of the park’s being affected by the wreck.

“We are part of the disaster management team and have our own standard contingency plans in place,” he said.

Zaloumis said the next two days would be crucial while fuel was removed.

At Alkantstrand, the stretch of beach close to where the ship is stranded, a crowd had gathered on Tuesday to watch a helicopter and small boat begin to ferry cargo off the Smart.

With its control room facing out to sea and its bow parallel to the shore, waves broke over the middle of the ship as the salvagers battled the strong winds, with bystanders taking photos from the beach.

The Transnet National Port Authority manger for Richards Bay, Preston Khomo, said all shipping operations at the port had returned to normal by Tuesday morning.

Meanwhile, the doomed Kiani Satu cargo vessel was still afloat off the Southern Cape coast early on Tuesday evening, at a point where the ocean was at the 1 000m depth required for the ship to submerge safely.

The ship began sinking on Monday after the bow sustained severe damage about 30 nautical miles off Buffels Bay, where it ran aground on August 8.

The Mercury

The principal of Lihlithemba Technical High School in KZN allegedly demanded that children pay fees in a no-fees school.

Durban - Nana Gcabashe, the principal of Lihlithemba Technical High School in Ndwedwe, north of Durban, has been suspended after allegedly demanding that children pay fees in a designated no-fees school.

KwaZulu-Natal education head Nkosinathi Sishi said the department had been alerted to the problem in February after discovering that reports had been withheld from pupils, preventing matrics from applying for bursaries and admission to tertiary institutions.

“This school is a no-fees school, but parents who had not paid school fees were told that their children would not get their reports. This is not allowed,” he said.

There were also allegations that Gcabashe had not followed the correct procedure in the hiring of teaching staff.

School governing body chairman Bongani Sokhela said children had not been attending classes since Gcabashe was suspended.

“When we came here, we found that some children were drunk and we had to have a meeting with them,” Sokhela said.

He said the principal had allegedly requested that children pay R130 towards school fees.

Sishi said some of the pupils had raised concerns about the principal’s suspension, but he saw no other fitting course of action.

“The principal will face charges. The date for the tribunal is set for August 29,” he said.

Gcabashe has disputed the allegations made by the department.

“I have not been fired. They called it ‘precautionary suspension’. And I was not suspended for stealing funds from the school - but for claims that I intimidated parents and insulted personnel,” she said.

Gcabashe also denied that she asked parents to pay fees.

“The parents agreed to make contributions towards the school. As for the reports, those could not be printed because we had no ink, due to the amount we were given by department not being enough.”

Gcabashe said she was saddened to hear that children were not at school.

The Mercury

Efforts to remove about 1000 tons of fuel oil from a bulk carrier that ran aground off Richards Bay are underway.

Durban - Efforts to remove about 1000 tons of fuel oil and 200 tons of diesel from a bulk carrier that ran aground off Richards Bay harbour were underway on Wednesday.

Most salvage vessels had arrived and the priority was to get all fuel and pollutants off the MV Smart, Transnet National Ports Authority (TNPA) said in a statement.

The 230-metre vessel was laden with 147 650 tons of coal when she ran aground outside the port in heavy seas on Monday afternoon. The entrance to the port was not blocked. Once the heavy seas abated, operations at the port resumed on Tuesday morning.

Twenty-three crew members were airlifted in four sorties from the stricken vessel late Monday afternoon. None of them suffered serious injuries.

According to the TNPA the vessel had broken apart between hatches six and seven. Its fuel was safely contained and there was no immediate threat of leakage. Apart from where the vessel had broken apart there were no other signs that she was taking on water elsewhere.

Sapa

Nick Longano is on trial for the murder of his girlfriend, Vinoba Naidoo, while he was in an "altered state of mind."

Durban - It is rare for someone to be completely deprived of the capacity to control their behaviour.

Clinical psychologist Clive Willows said this in testifying on Tuesday before the Durban High Court, where Nick Longano is on trial for the August 2010 murder of his girlfriend, Vinoba Naidoo. He is alleged to have stood on her neck.

Durban accountant Longano has put up a rare defence of sane automatism, in which a person involuntarily commits acts while in an altered state of mind.

The court had heard that on the day of the murder, he and Naidoo were dividing their possessions, in the Glenwood flat they had shared, when an argument over curtains became heated and Naidoo attacked him with a candlestick.

A month before, Naidoo had ended the relationship and moved out.

Willows was initially briefed by the prosecution, which decided at the trial stage to abandon his evidence.

Gideon Scheltema, SC, for the defence, filed an application asking that Judge Kate Pillay recuse herself.

He said the judge could be “subliminally biased” by the contents of the report, which she had sight of.

Judge Pillay, refusing to recuse herself on the grounds that the application was without merit, called Willows as a court witness.

Having studied reports by two other psychologists, Dr Lynette Roux and Professor Lourens Schlebusch, Willows noted in his report that tests performed on Longano had revealed symptoms of depression and anxiety, which could be associated with the reality of his circumstances.

Commenting on the reports, Willows said it was unusual that a relationship of such duration would be terminated by Naidoo, who had wanted a life-long commitment, purely on the basis of a single, heated argument.

It was therefore difficult to understand what had provoked Naidoo to attack Longano, according to his evidence, with a metal object, Willows said.

He said reference had been made to Longano’s inability to withstand emotional pressure and “deal with” stressful situations.

“Perhaps in response to these inadequacies he has a need to maintain order and control. He will have episodes of overwhelming, uncontrolled feelings,” he said.

Willows said the reports did not describe the relationship between Longano and Naidoo in much detail and seemed to rely on Longano’s perceptions.

Willows said courts had accepted that emotional stress and provocation might lead to a state of non-pathological incapacity, but it was rare that a person might be completely deprived of such capacity.

He said some people who had some form of “intermittent explosive behaviour” might have some weakness in personality or character impairment.

However, it was possible, during an intensely emotional event, that the emotional state interfered with consciousness and the “coding” process, with the result that the event was not encoded into memory and so could not be retrieved, Willows said.

After his cross-examination yesterday, Scheltema said if the State were to cross-examine Willows, this would introduce “gross irregularities” into the proceedings.

He likened the situation to an attorney-client scenario where the attorney was not allowed to act against the interests of his client.

Nadira Moosa, for the State, argued there was no authority that said that where a consultation had take place between parties, the party could not be cross-examined.

The matter continues.

* In a previous court report on this case, headlined “Judge lashes neglectful witness”, presiding Judge Kate Pillay did not, in fact, do so. She merely directed Dr John Dunn, a senior psychiatrist at Fort Napier Mental Hospital, to acquaint himself fully with all the information and, if need be, to revise his report.

rizwana.umar@inl.co.za

Daily News

The man was found in extreme pain, with his leg trapped in the chains and spikes of a mielie harvester.

Durban - A 23-year old man may lose his leg after it was caught in a mielie harvesting machine on Tuesday.

The accident happened while he was working on a farm in the St Bernard’s Peak area, near the Lesotho border.

According to ER24 paramedic, Vanessa Jackson, a rescue team from Kokstad found the man in extreme pain, with his leg trapped in the chains and spikes of a mielie harvester.

The leg was mangled into the machine right up to the knee.

“The paramedics ascertained that the man’s leg was already broken and mangled to a great extent,” Jackson said.

It was at that point that ER24 paramedics were called in. Paramedics stabilised the man before the Air Wing was alerted.

A decision was then taken on the best method to release the man’s leg from the machine.

“The only option at that time was to reverse the mechanism and manually remove the leg the same way it had gone into the machine,” Jackson said.

With the man’s pain under control, paramedics managed to remove him from the machine and they immediately stabilised the broken leg.

The man was airlifted to Mediclinic Hospital in Pietermaritzburg.

He was treated in the trauma unit and taken into theatre late on Tuesday night.

According to doctors, a decision on whether to amputate the leg would be made on Wednesday.

Pietermaritzburg Bureau

Daily News

Slain Morningside pensioner, William Daly, is to be laid to rest with his beloved dogs, which have been put down.

Durban - Murdered Morningside pensioner, William (Bill) Daly, is to be laid to rest with his beloved dogs, Wendy and Suzy, which have been put down because he could not bear to be without them.

Daly, 89, whose family founded the fruit cordial company, W Daly & Son, was killed at his home on Monday afternoon in a suspected robbery.

He was the grandson of the founder of the company.

Daly’s body was found on a pathway outside the house he was born in, with his feet and hands bound and a rag stuffed in his mouth. It is believed he was strangled.

Daly’s niece, Pat Lee, said her uncle had been opposed to moving into a retirement home because it would have meant being away from his fox terrier and Maltese poodle.

Lee said she had the dogs put down on Monday. They will be cremated and the ashes buried with Daly on Friday.

On the day of the murder, the dogs were locked inside the house as her uncle prepared to make his routine Monday morning trip to the bank to deposit his church’s Sunday tithes, she said.

Before the dogs were killed, they were given their dinner and treats.

Lee said she decided to put them down because “they loved him (Daly). They could have never had another owner. He would never have wanted to be apart from them”.

Daly’s great-nephew, Chris Lyle, said Wendy and Suzy were like Daly’s children. “Old Bill was born in that house and died there because he would not leave his babies (dogs),” he said.

His great uncle was the third generation of Dalys living in the Maple Road home.

Said Lyle: “I’m still trying to make sense of what happened. It’s really hard, I’m angry more than sad.”

A note with Daly’s photo, and a picture of a vintage car like the four he owned, has been placed outside his home.

It reads: “RIP Dear Bill, sweet, kind gentle gentleman. May the angels be with you and your family at this sad time. Your Anerley Road community will miss you, the chats and your cars so much.”

Daily News

A Richards Bay surfing legend is recovering in hospital after the massive waves broke his leg while he was surfing.

Durban - A Richards Bay surfing legend is recovering in hospital after the massive waves that caused the cargo ship MV Smart to run aground outside the North Coast port broke his leg while he was surfing nearby.

Freddie Le Roux, 51, a prominent surfer and surf shop owner, said the incident on Monday happened quickly.

Roux’s business partner and friend, Judy Dearling, said Roux had been surfing at a break called Senorita at the time.

She said on special days it was possible to ride a left-breaking wave from Senoritas for about 500m until the south edge of Naval Island. “The waves in the harbour were about 2m to 2.5m. The swell at sea was probably in excess of 5m,” Dearling said.

Roux said he was wave riding a stand-up paddle board when he saw a nice lip with a floater possibility. Roux then did a bottom turn.

“When I hit the lip, the force of the wave was too great. The sea and wave overpowered me. I broke my tibia and fibia bones on my right leg. I underwent surgery on Monday night. If all goes well I hope to be discharged soon,” he said.

Steel pins have been inserted into his leg to hold it in place.

Dearling said once or twice a year, surfers got lucky when the wave swell and wind direction hits the mark and the waves pour into the harbour. She described Monday as one of those epic days.

John Cawood, of the blog Surf Alliance, described Roux as a water sports legend. Cawood said the well-known waterman, coach and reigning Grand Kahunas Longboard Champion was practising for the upcoming South African Masters Champs which will take place in Mossel Bay in September.

Roux was aiming to be the first South African surfer to make three finals in the same year in long boarding, stand-up paddle boarding (SUP) and short boarding.

“I have surfed for 38 odd years. This is my first serious injury related to surfing. Last year I could not take part in the stand up paddle champs because I broke my toe,” Roux said.

Roux has two sons, Dylan and Byron. Among his accolades Roux accompanied the South African Surfing Team in 1982 to South America as the team coach. He is the reigning SA Masters longboard champ and came 4th in this year’s stand-up paddle wave riding championship.

Dearling said he had his sights set on a hat-trick of Gold at the SA Masters Shortboard champs in Mossel Bay in September. “Sadly that will not be a possibility now.”

Daily News

The family of a woman who died after acid was thrown in her face, are livid after the alleged killer was granted bail.

Durban - The family of a woman who died after acid was thrown in her face expressed their anger and unhappiness after the alleged killer, a colleague of hers, was granted bail of R1 500 on Tuesday.

Anton Mlaba, the brother of Smangele Mlaba, told the Daily News his sister was killed in the most gruesome manner and said that her killer belonged behind bars.

“My sister was not even given a chance to defend herself. She suffered a painful and horrific death, and now her (alleged) killer is walking free. This is not justice,” he said.

Pietermaritzburg Regional Court magistrate ZW Ngwenya granted Ntombenhle Mkhize, 34, bail on condition that she did not interfere with State witnesses and that she attend all the court proceedings.

The magistrate lambasted the investigating officer, Rajeev Soorajbally, who testified in opposition to bail for Mkhize.

Ngwenya said the State had “not a scrap of evidence” that Mkhize would evade her trial or intimidate witnesses if released on bail.

The magistrate also said it was “disturbing” that Mkhize’s bail application took seven months to take place.

Mkhize was arrested in January this year.

She had initially intended to plead guilty to culpable homicide, saying at her bail application that she had only intended to disfigure Mlaba and not kill her.

However, the State intends to prove that Mlaba’s murder was premeditated.

The magistrate said it was clear that the case had drawn much public interest and media attention, but it was his job to ensure that the rights of the accused, and the interests of society in general, were safeguarded.

The magistrate said the fact that Mkhize had been in custody for seven months, through no fault of her own, coupled with the fact that she had a 10-year-old son for whom she received a social grant, amounted to exceptional circumstances favouring her release on bail.

It is alleged that Mkhize, of the KwaPata location, followed Mlaba after work on the afternoon of January 15.

The two women worked at Miguel’s Bakery, a popular confectionery shop in the Pietermaritzburg CBD.

It is believed that an argument over baking trays between the women began at work the day before the attack.

The disagreement allegedly escalated to an altercation over Mkhize’s boyfriend.

According to the court docket, the next day Mkhize allegedly followed Mlaba as she walked along Pietermaritz Street and then confronted her.

The two women started arguing and then, in full view of a gathering crowd, Mkhize allegedly threw a litre of hydrochloric acid she had been carrying at Mlaba’s face and body.

People ran to Mlaba’s aid, but they too got burns on their hands as they tried to help her.

Mlaba suffered burns to 75 percent of her body and died in hospital two days after the attack, as a result of her injuries.

It is alleged that Mkhize obtained the acid from a place in KwaPata where factories discard acid and other waste products.

Daily News

A man abducted at gunpoint has been found alive but injured at the Mahatma Gandhi Hospital, family friends said.

Durban - The Durban man who was allegedly hijacked and abducted was found alive but injured at the Mahatma Gandhi Hospital in Phoenix on Tuesday, family friends said.

Police were unable to confirm that he had been found.

Dumisani Mdlalose, was allegedly accosted by three armed men on his driveway in Mount Moriah, near Phoenix, on Monday night while opening the gate when, at gunpoint, he was ordered back into his black BMW 318i by the hijackers who then drove away with him.

His wife, Thembeka, who was seated in the passenger front seat, ran from the men and was unharmed.

She called for help in the community. A neighbour and friend of the Mdlaloses, Panuel Zondi, said on Wednesday morning that Mdlalose was found at the Phoenix hospital with minor injuries.

“He was a bit bruised when we found him… they left him in Avoca and drove away with the car, but he is still in hospital recovering,” he said.

Mdlalose’s wife could not be reached for comment because her cellphone was stolen during the hijacking. Thembeka and a group of close friends had begun a search looking for Mdlalose, who was feared dead.

Zondi would not give intimate details on what transpired during the hijacking or how the man ended up in hospital.

Police spokesman Captain Thulani Zwane said Mdlalose had not been found, according to records at the Phoenix SAPS.

“According to Phoenix SAPS, the victim has not yet been found hence they are still looking for him and would appreciate any information on the victim’s whereabouts,” he said.

Daily News