Eight children sustained minor injuries when their minibus taxi overturned in KwaDabeka, Pinetown, paramedics say.

Pinetown - Eight children were injured when their minibus taxi overturned in KwaDabeka, Pinetown, on Tuesday morning, paramedics in KwaZulu-Natal said.

“ER24 paramedics arrived on scene and discovered the taxi resting on its side and its young occupants seated on the side of the road,” spokesman Russel Meiring said.

The children had minor injuries and once they were treated were taken to various hospitals in the area. According to Meiring the driver said he experienced a mechanical fault causing his vehicle to roll.

Local authorities were investigating.

Sapa

fla

ELECTIONS-OFFICERS

DURBAN May 6 Sapa

NO OBJECTIONS TO KZN PRESIDING OFFICERS: IEC

The Electoral Commission of SA (IEC) has not received any complaints over the presiding officers appointed to KwaZulu-Natal's 4746 voting stations, the province's chief electoral officer said in Durban on Tuesday.

"No objections to any of the presiding officers have been received to date," Mawethu Mosery said after a parade of some 800

police officers to be deployed from Durban to remote polling stations.

He said political parties had been aware since August of who the presiding officers and their deputies were.

Mosery's comments follow complaints by the Inkatha Freedom Party that many of the presiding officers are members of the SA Democratic Teachers' Union.

On Monday night IFP leader Mangosuthu Buthelezi referred to a by-election in Nongoma where the Electoral Court handed a ward back to the IFP after the National Freedom Party won it.

The IFP complained that some of the special votes cast in the by-election were not counted because the presiding officer had failed to stamp them. The NFP was initially declared the winner.

"The person that was in charge was a member of Sadtu, who failed to ensure the ballot papers were stamped," Buthelezi said.

However, Mosery said party agents needed to be vigilant at voting stations. He urged voters not to accept ballot papers that had not been stamped. Each stamp was unique to each polling station.

Addressing the police officers, Mosery urged them to be alert during the election and afterwards, during reaction to the results.

"Those reactions must not undermine the stability of our province."

He urged police to ensure there was no political activity at voting stations.

KwaZulu-Natal transport, community safety, and liaison MEC Willies Mchunu thanked police for reducing political violence in the province in the five years he had been in office.

Sapa

/js/th/jje/jk 05/06/14 11-05

Customer successfully takes on major carmaker for falsely advertising its fuel efficiency.

Durban - A motorist has taken on a major carmaker for falsely advertising its fuel efficiency – and won.

Jeremy Hawkins Wright lodged a complaint against General Motors South Africa with the Advertising Standards Authority on 25 April after buying a Chevrolet Captiva 2.4 LT Auto a few months earlier and recording its fuel consumption over various distances.

He said the manufacturer had misled him into buying the car by saying in its brochure it could be expected to return fuel consumtion of 9.1 litres per 100km.

Wright’s records, however, showed that, on average, it needed 14.53 litres to drive 100km.

GM said during the proceedings that it had complied with legislation and had included figures that were achieved during testing.

“The testing was done for the purpose of comparison between the different vehicle models available in the South African market, which are all tested in the same manner.

“The fuel consumption estimates should only be used for vehicle comparison purposes and are not intended to be a representation of the actual fuel consumption results the customer would experience when operating the vehicle.”

This complaint had not called this testing process into question, but the manner in which the results were relayed to prospective buyers.

“Advertisers are not permitted to mislead consumers by means of ambiguity, exaggeration or omission.”

The authority found the disclaimer - which said fuel consumption relied on environmental factors and driving style - had been presented in a “minute font” and “substantially removed” from the content.

“While the directorate accepts that this paragraph would inform customers of the fact that the quoted fuel consumption figures are provided solely for the purposes of comparison between different vehicle models and cannot be fully representative of real-life driving conditions, it is a case of ‘too little too late’.”

It added that added that consumption figures claimed must make it clear whether they were achieved in “the real world”.

“The complaint appears to suggest that the advertising at issue omits material information,” it said, “being that the claimed figures are neither representative of, nor achieved in real driving conditions, and can therefore not be used as an indication of the fuel consumption one can reasonably expected.”

The authority ordered the company to withdraw fuel consumption estimates from the brochure and refrain from making unqualified consumption claims.

Daily News

After the votes have been cast the Independent Electoral Commission would have seven days within which to declare the results.

Durban - After the votes have been cast on Wednesday the Independent Electoral Commission (IEC) would have seven days within which to declare the results.

After that it would be down to the business of legislature seats for the various parties based on their performance at the polls.

Then the many candidates on the various party lists would know if they have secured jobs as public representatives for the next five years

In the National Assembly there are 400 seats up for grabs, while in the nine legislatures the number of seats available per provincial legislature varies based on the population of each province.

KwaZulu-Natal has the highest number of seats available in its legislature (80) due to its population size of more than 10 million people.

The Northern Cape, Free State and Mpumalanga legislatures have the lowest number of seats, with just 30 seats each.

However, the stakes are high with a total of 33 parties having been confirmed as contesting the elections at various levels.

In the Western Cape, 26 parties would be contesting for eats in the provincial legislature while in Gauteng there are 22 parties and in KwaZulu-Natal 18 parties contesting those legislatures.

Depending on how many voters turn out to cast their ballots on Wednesday, a party would need about 50 000 votes to secure one seat in the national and provincial legislature.

But for many of the small parties securing this number of votes could prove a difficult, if not near-impossible, task.

Some will be hoping to make it to the various legislatures on the so-called fraction seats. In the past some parties have managed to get a seat in a legislature while scoring as little as 20 000 votes.

Parties like the Minority Front (MF) are making no qualms about them gunning for the so-called fraction seats in Gauteng where just more than 6 million voters are registered.

But how exactly are the seats calculated?

To try to explain the seat allocation we will use the 2009 figures for the provincial ballot in KwaZulu-Natal.

The method used is that you first have to divide the number of total valid votes cast by the number of seats available for allocation.

The answer you get would then be used to divide the number of votes that each party got.

So in the case of the 2009 results, you would first have to divide 3 482 987 (the total number of valid votes cast) by 80 (the number of available seats in the KZN legislature).

The answer is 43 537 which is basically what each party has to get to be guaranteed a seat.

However, as per the intentions of the method of allocation which seeks to benefit the smaller parties, the ACDP got way less than the 43 537 votes, but managed to get a seat, while the MF also managed to get two seats despite not getting twice the number of votes required to get the one seat.

Here is how the calculations are made.

To calculate the number of seats the number of votes received by each party is then divided by the quota number.

That would produce an answer with a number consisting of the integer part and the fractional remainder.

The allocation of seats takes place in two parts – the first being the allocation equal to the integer part of the answer after the formula is applied.

For example the ANC’s 2 192 516 votes were divided by 43 537 to give 50.36 as an answer.

This then gave the ANC 50 seats at the first phase of the allocation.

The first allocation is done by dropping the fractions, which are only taken into account during the second phase of the allocation.

For example in that election the seat allocation went as follows:

The allocation of seats by dropping the fractions in each party’s results usually leaves a number of seats available for allocation, normally not more than five, allocated by using the remaining fractions.

As with the 2009 example, only 76 seats could be allocated using the whole numbers, leaving four seats. The allocation of those four seats was then done based on the highest four fractions per party.

The party with the highest fraction, the IFP (0.92), therefore got another seat pushing its seats to a total of 18. Next in line for a seat was the Minority Front with the second highest fraction (0.64) from the first calculation.

The MF then got another seat bringing its seats to two.

While in the first round of counting the ACDP had not received any seat, in this round it did receive a seat as its 23 537 votes (0.54) was the third highest of the remainders from the other big parties.

The last seat went to the ANC for the 0.36 fraction (15 666 votes).

So had the UDM managed to get slightly above the 0.36 remainder of the ANC, that last seat would have gone to it.

By the end of the final count, the seat allocation in the provincial legislature looked like this:

With 5.1 million voters registered to vote in KwaZulu-Natal and 25 million nationally, parties would need to muster a slightly higher number of votes to get a seat in the legislature.

However, all this would depend on voter turn-out on Election Day.

If for example the same number of voters (3 482 987) goes out to vote in this election as they did in 2009, then the average a party would need to be guaranteed a seat would be the 43 537.

But at least 77 percent (3.92 million) of the registered voters are expected to cast their votes, this is based on the 77.3 percent who voted in the 2009 general elections.

Such high voter turn-out would mean each party would need about 50 000 for a seat. But of course there will still be the fraction seats to throw a lifeline to smaller parties.

bheki.mbanjwa@inl.co.za

The 2014 elections by numbers

* 25 362 221: The total number of registered voters across the country an increase from 23 181 997 in 2009

* 13 924 551: registered female voters

* 11 437 670: registered male voters

* 5 117 131: people registered to vote in KZN up from 4 475 217 in 2009

* 22 263: Voting stations across the country

* 4 747: Voting stations across KwaZulu-Natal up from 4 300 in 2009

* 29: Parties that will appear on the national ballot

* 18: Parties on the KZN ballot

Daily News

The daughter of a murdered Ixopo farmer struggled to keep her composure as she recalled the day her 61-year-old father was shot dead.

Pietermaritzburg - The daughter of a murdered Ixopo farmer struggled to keep her composure as she recalled the day her 61-year-old father was shot dead and she and an employee on the farm were assaulted.

“I will never forget that day. It changed our lives for ever,” said Louise Hartwig.

She was testifying in the Pietermaritzburg High Court on Monday at the trial of Nkosinathi Mngadi, 29, and Sifiso Ngubane, 24.

The pair, from KwaMashu in Durban, are charged with the murder of Peter Charles Hackland as well as robbery with aggravating circumstances and assault with intent to cause grievous bodily harm.

Hackland, Hartwig and their employee, Margaret Fennell, were attacked on the Cromleigh Farm in Ixopo on the morning of May 7 last year.

The State alleged that a third man, Mxolisi Mkhize, was once employed by Hackland on the farm.

He, Ngubane and Mngadi decided to rob the farmer on May 7.

Mkhize later decided not to participate in the robbery for fear of being identified.

It is alleged that Mngadi and Ngubane approached Hackland on the pretext of seeking work. They then drew their guns and demanded money from him. When Hackland told them he had no money on the farm, the two allegedly assaulted and tortured Hartwig and Fennell; punching and kicking them, threatening to shoot them and spraying pepper spray in their faces.

They again demanded money, but when no cash was forthcoming, they shot Hackland, killing him, took his wallet and cellphone, and fled.

Hartwig said being assaulted and tortured and seeing her father being shot would haunt her for the rest of her life.

Confessions

She identified Ngubane and Mngadi as being the attackers who assaulted her and shot her father.

The two men have pleaded not guilty to the charges.

Mngadi said he was not in the Ixopo area at the time of the murder. Ngubane – who was arrested and in possession of the firearm that ballistics tests matched to the murder weapon – said he was in KwaMashu at the time.

He said the firearm had been given to him by one Mlenza Khumalo as security for a R350 debt.

The two made confessions to the police when they were arrested. However, in his plea explanation Ngubane said he was assaulted and threatened into making the confession by police.

The case is proceeding.

Daily News

Police have arrested 35 people for burning a voting station near Richards Bay during a service delivery protest.

Durban - Police have arrested 35 people for burning a voting station near Richards Bay during a service delivery protest on Monday night.

KwaZulu-Natal police commissioner Mmamonnye Ngobeni revealed this during a parade of 1 000 policemen to be deployed around KZN. She warned the police would be “merciless” against any form of crime, especially that which might disrupt voting.

Ngobeni said the 35 were arrested in Mandlazini for torching the community centre which was to be used as a voting station.

“A few hooligans became unruly and burnt a community hall and we are sending a message that crime does not pay and we will be merciless in dealing with such acts,” Ngobeni said.

IEC provincial electoral officer, Mawethu Mosery, said the IEC would now have to set up a temporary voting station in the area but was pleased that police had acted quickly.

The 1 000 police officers who left Durban are part of the 17 000 police officers who would be deployed in KZN. Ngobeni also announced that there were additional police officers due to arrive in the province on Tuesday from the national office.

“Together with the IEC and intelligence services we have identified voting stations that are low, medium and high risk. This will determine the numbers deployed to these areas. Deployment will only end after the election-related activities,” Ngobeni said.

Every available police officer would be deployed, but she said the day-to-day policing work would not be affected. Officers based at the head office and from special units would be used to complement staff at police stations to ensure these were not left severely understaffed.

“No activities will be happening without consultation and the guidance of our PEO (provincial electoral officer). We are closing any loopholes that were identified in previous deployments.”

National officers would be deployed to KwaMashu and Wembezi C Section, the two areas being watched the most as there are fears that violence could flare up before and after the election.

Mosery urged police officers to “be as alert after voting as we are before and during voting”. He said after the voting process people were likely to react to the results and police needed to keep a close eye.

He said police should also make sure that they secure voting material.

“Please ensure the materials of elections do not end up in wrong hands. It is my wish that what has happened in the Western Cape must not happen in KZN.”

He also urged police to ensure that no political activity such as campaigning and loudhailing takes place within the voting stations. He said the only activity that should take place within the boundaries of voting stations was voting itself.

MEC for Community Safety, Willies Mchunu, sounded confident that the province would deliver free elections. “Our elections are certainly not going to be similar to the 1994 experience, you (the police) have worked hard in the past 20 years.”

Mchunu said police in KZN were faced with unique challenges in that they also had to deal with faction fights, political violence and taxi violence, but said they had done well in curbing crimes such as cash-in-transit heists.

Meanwhile, the IEC said it had administered about half of the 60 000 special votes in KZN on Monday.

“The problem we were getting is that we could not find some people at home and those we did not find will now have to come to the voting stations,” Mosery said.

Daily News

Four suspected house-breakers, in possession of police reflector jackets and radios, were arrested after their getaway car crashed.

Durban - Four suspected house-breakers, who were in possession of police reflector jackets and radios, have been arrested after their getaway car crashed while they were being chased by the police.

The accident happened on the N2 freeway northbound near the Queen Nandi Drive turn-off on Monday.

Colonel Enver Salie, commander of the Sydenham visible policing response team, said two members of his unit had been on patrol when they were alerted to four suspects in a stolen Mercedes-Benz.

They were wanted in connection with a house-breaking in Jacaranda Avenue, Isipingo Hills.

Salie said the unit members gave chase and the suspects smashed into a white Isuzu bakkie carrying a compressor unit on its trailer, before hitting the freeway barrier.

“The call came through on the police radio that four men had allegedly broken into a house in Isipingo and they were driving a Mercedes-Benz, which had been stolen from Bayview, in Chatsworth, last month,” he said.

“Seargent Bhagwandin and Constable Ruiters from my team responded to the call. They saw the suspects travelling from the M19 northbound towards the N2. At the interchange where construction is taking place, they gave chase, heading northbound.”

Salie said the suspects had been driving at in excess of 200km/h on the busy freeway before the crash.

“Surprisingly they (the suspects) all got out of the car uninjured and attempted to flee the scene on foot. They ran into the nearby veld, but my officers apprehended them.”

The driver of the bakkie, Anton Khulekani, who works for Unique Telecommunications and Plant Hire, was taken to Addington Hospital.

Speaking by phone from a hospital stretcher, Khulekani said he was stunned when he saw the Mercedes-Benz come “flying” past him in the fast lane and crashing.

He said the car spun before hitting his bakkie and mounting the barrier.

“I initially didn’t know what was going on, but when the cops gave chase on foot I knew these guys were criminals.”

Khulekani said he was in pain and feared he had suffered some back and neck injuries as his movement was severely restricted. He was waiting to have X-rays taken.

Police spokesman, Captain Thulani Zwane confirmed that four men between the ages of 20 and 25 had been arrested.

He said they had been caught with police radios and reflector jackets, an R5 magazine with four rounds of ammunition and other goods.

“The suspects will be charged with housebreaking, possession of suspected stolen property, possession of ammunition and car hijacking.

“The police will be conducting an investigation into how the men obtained the police radios and reflector jackets,” said Zwane.

Daily News

The woman whose house was built by EFF supporters near Jacob Zuma's Nkandla residence will be voting at the same polling station as the president.

Nkandla - The woman whose house was built by EFF leader Julius Malema's supporters near Jacob Zuma's Nkandla residence will be voting at the same polling station as the country's president on Wednesday.

On Tuesday evening S'thandiwe Hlongwane was standing outside her cream-coloured house, less than 500m from the controversial KwaZulu-Natal homestead, while her five-year-old son and three-year-old daughter played outside.

The 31-year old said she had only had “a few problems” from African National Congress supporters since pictures of her with Malema and Zuma's residence in the background were splashed across the front pages of the country's newspapers.

At the time of Malema's unveiling of the house in early January, police and ANC supporters fought pitched battles in the street outside. Things have been much more peaceful since then, with only a few comments about her house being made.

Hlongwane said that on Friday a small group of ANC supporters stopped outside her house with an ANC T-shirt for her.

“Comrade, we know you are lost. Malema is not going to feed you,” they told her.

She never took the T-shirt and would be standing in the queue at Ntolwane Primary School to cast her vote.

The sagging roof of her house seen on the day Malema handed it over to her was no more. She said the Economic Freedom Fighters came back to repair it after reading media reports about the shoddy workmanship.

Sapa

Forty-one people were arrested for public violence and arson after a community hall in Mandlazini, Richards Bay, was torched.

Durban - Forty-one people were arrested for public violence and arson after a community hall in Mandlazini, Richards Bay, was torched on Tuesday, KwaZulu-Natal police said.

“At approximately 3am, at Mandlazini, a group of approximately 300 people blockaded the road in a service delivery protest,” Captain Thulani Zwane said.

People dispersed, returned to the community hall and set it on fire. The 41 arrested were aged between 15 and 63 and would appear in the Richards Bay Magistrate's Court on Thursday. The situation was under control.

“The political party they belong to is unknown at this stage,” Zwane said.

African National Congress KwaZulu-Natal provincial secretary Sihle Zikalala claimed those arrested were Economic Freedom Fighters members.

“Ten people were arrested while on their way to torch another voting station in KwaMbonambi outside Richards Bay,” he said.

EFF provincial spokesman Phillip Mhlongo directed queries about what happened in Mandlazini to a regional spokesman, who was not immediately available for comment.

Mhlongo said the ANC was doing its utmost to discredit his party.

“All of us are aware and mindful of the fact the EFF has been calling for a peaceful transition of the emancipation of our people,” Mhlongo said.

Zikalala said the EFF had revealed it did not shy away from violence and sabotage in pursuit of its political agenda.

The ruling party called on law enforcement agencies to act swiftly to avert any violence which may threaten citizens exercising their right to vote.

“The ANC considers people's right to choose their government as sacrosanct, inalienable and worth safeguarding at all cost,” Zikalala said.

“The right to vote is the culmination of our people's struggle and it is written in the blood of many heroes of our liberation movement, hence no one can be allowed interfere with this right.”

Mhlongo said the ruling party understood it was on the back foot, trying to pin violence on the EFF and scare voters.

“This is what they are trying to do. I know for a fact that none of our comrades dare threaten ANC members. I speak from my own experience,” Mhlongo said.

“They are aware that Julius Malema and EFF are threatening the entire status quo, where the ANC has been lying to the people of the country. No EFF activist or member can go stone the property of the community.”

He said the ANC was trying to marginalise the EFF.

“They are trying to cover up their own corrupt core,” Mhlongo said.

Sapa

Thousands of residents from informal settlements on the KZN North Coast burned tyres and threw rocks to protest at the lack of service delivery.

Durban - Thousands of residents from informal settlements on the KwaZulu-Natal North Coast took to the streets, burning tyres and throwing rocks to protest at the lack of service delivery.

They have also vowed to abstain from voting in tomorrow’s general elections, saying it meant “nothing” to them.

About 5 000 people protested near Nsuze on the R614, between Wartburg and oThongathi.

The protest started at 2am and came to a halt at midday on Monday after police intervened, arresting one man.

Angry shack dwellers said there was no point in voting.

“We still have no electricity and even though we have taps, there is no running water here,” said Phethile Ngubane, 43.

“We still cut wood in the bush to cook and keep warm. What’s changed?”

She said she was fed up with the lack of development and functioning infrastructure in eMbilini in Ward 8.

“Locally, there is no good governance, only bribery and tenders,” she said.

“Twenty years later and there is no improvement in our lives, so what else can we do?”

Jane Gumede, 53, said the government had forced their hand. “They make us fight even for basic things.”

An 18-year-old “born-free” and potential first-time voter said she was losing faith in the government.

“I am not motivated at all to go and vote. For what? We don’t even have street lights in this area or a bridge for children to cross to get to school safely,” she said.

“They don’t care about us.”

Another resident, who asked to remain anonymous, said: “I grew up in this area. We see other areas being developed. Development is going past us. On election day we are going to the voting station and telling people to make three crosses on the ballot paper so that they spoil their vote.”

The resident said they asked the local councillor to talk to the mayor about installing electricity in their homes, but they had not received any feedback.

Another resident, who also asked to remain anonymous, said she would also not vote.

“We have to go to the river every day to get water while we have to watch people from other areas having their areas developed. On Wednesday we will be at the school protesting and encouraging people not to vote or to spoil their votes,” she said.

“We are fed up with what is going on here. It seems as if they are deliberately targeting us with underdevelopment. We are not asking for much.

“We are not even asking for RDP houses. All we want is access to water and electricity, that is all. They (politicians) only remember us during election time.”

Police spokesman, Captain Thulani Zwane, confirmed that a man was arrested during the protest. He was to have appeared in the Nsuze Magistrate’s Court today.

He said the large number of protesters who hailed from eMbilini, eSdumbini, Phambilini, Naleni, Mgetane, Ntabamhlo-phe, Nophamba and Umcathu had dispersed after more than six hours.

Thembani Ngongoma, national spokesman for Abahlali baseMjondolo, said while they had not been involved in on Monday’s protest, they understood the issues.

“It’s unfortunate that people have to protest to be heard. We know how difficult it is to engage with the powers that be,” he said.

Ngongoma added that abstaining or spoiling votes did not achieve any real change.

It often left the same people in power, he said.

Daily News

Mayor James Nxumalo and members of the city’s executive committee were pelted with plastic bottles and stones by angry municipal workers.

Durban - Mayor James Nxumalo and members of the city’s executive committee were pelted with plastic bottles and stones by angry municipal workers on Monday.

Employees had rejected the mayor’s promise to make a final decision only after the elections on the millions of rand in backpay owed to them.

The situation worsened at the meeting at the Curries Fountain soccer stadium when a shop steward – angered by the pelting – pulled out a gun and pointed it at those responsible. A mob charged at him with fists and flying kicks.

The angry employees managed to disarm the shop steward, identified as Sifiso Hlongwa from the electricity department, and pummelled him with a series of blows to his head and body.

Hlongwa was also whipped with a sjambok as police battled to contain the mob and rescue the man.

As the melee continued from one end of the soccer pitch to the other, the city’s executive committee, comprising Nxumalo, city manager S’bu Sithole, Speaker Logie Naidoo, councillors Nondumiso Cele, Fawzia Peer and ANC eThekwini chairman Dr Sibongiseni Dhlomo, the MEC for Health, were whisked away by more than half a dozen bodyguards.

Police were able to pull the bloodied shop steward away from the mob and put him into one of their vehicles, a minibus.

They also retrieved his handgun.

Last night members of the executive committee – whose work had been postponed until after the elections – were called to an urgent closed door meeting to decide on the workers’ demands and find a way forward.

The municipality said in statement later that it noted the events with concern. It described the protest action as unlawful and violent.

“The mayor has called an urgent Special Executive Committee meeting to look into this matter and find a way forward,” the municipality said, adding it was committed to finding an amicable solution.

The drama occurred after more than 3 000 ANC-aligned members of the SA Municipal Workers Union (Samwu) packed the Curries Fountain stadium for feedback from the city’s executive committee on a Supreme Court of Appeal (SCA) ruling that awarded them millions in backpay.

In September the court reversed the city’s divisional conditions of service agreement – implemented in 2007 as part of a plan to unify the various entities under the newly created eThekwini Municipality – and ordered it to back pay affected employees who had been stripped of allowances and other benefits.

The action was initially brought by two unions, Samwu and the Independent Municipal and Allied Trade Union (Imatu), in the Labour Court. After they won, the city took the decision on appeal to the SCA and lost again.

In October, city manager S’bu Sithole established a technical task team to quantify the financial implications for the municipality.

A report by the task team estimated that the city would have to pay staff more than R185 million in backpay.

According to a proposal, presented to employees by the city over the past month, the city agreed to back pay employees, but only for three years – as set out in the Prescription Act, which states a claim for debt expires after three years if no attempt to collect it has been made.

Samwu rejected the three-year pay offer on the basis that the city “arrogantly” appealed the Labour Court decision and allowed the matter to drag on for seven years.

On Monday mayor Nxumalo, dressed in a black ANC leather jacket, apologised to the union members for the previous administration’s decision to implement the service agreements without fully consulting workers.

He said the new administration was now dealing “with the sins of the father”.

He was however jeered and booed when he told the crowd that the executive committee would meet on May 15 to make a decision on the backpay.

“We want our money now,” shouted a man in the crowd.

“Voetsak,” said another.

As the mayor made his way back to his seat a large section of the crowd began leaving the stadium, some pelting the mayor and his executive team.

Nxumalo refused to speak to the Daily News at the stadium.

Samora Ndlovu, Samwu’s KZN chairman, said the union would not be commenting on on Monday’s events until after further negotiations with the city. He could not say when the negotiations would take place.

Ndlovu also refused to comment on his members pelting the mayor, or the disruption caused by them in the city centre.

“We will comment when the time is right,” he said.

Dhlomo referred all questions to the mayor’s office.

The municipality said in its statement that negotiations were currently under way with the provincial and national treasury and the KZN Department of Co-operative Governance and Traditional Affairs.

“Since the (SCA) ruled on the matter, the municipality has been engaged with labour on how the decision of the court should be implemented. The negotiations have resulted in agreements on most of the issues by all the parties concerned,” it said.

“The only outstanding issue has been the period within which to effect payment to affected employees.”

Daily News

An animal welfare party's publicity campaign on the eve of the polls could have had voters "barking up the wrong tree".

Durban - Posters that appeared on street poles around Durban on Tuesday, a day before the elections, had motorists scratching their heads, wondering whether there was a last-minute election drive from an animal welfare party.

The eye-catching posters, depicting a variety of endearing dogs and cats and inviting passers-by to “Upgrade a Life”, were attached just below posters belonging to political parties contesting the elections. One poster was below a poster of ANC president Jacob Zuma smiling. When viewed together they created a picture of Zuma holding a little dog.

Zuma caused a stir in December 2012 when he told a KwaZulu-Natal rally that spending money on buying a dog, taking it to the vet and for walks belonged to white culture. This was not the African way, which was to focus on the family, he said.

“Even if you apply any kind of lotion and straighten your hair you will never be white,” Zuma said at the time.

NSPCA spokeswoman Chris Kuch said the posters were a clever publicity campaign by local advertising agency The Hardy Boys, on behalf of the National Council of SPCAs, the governing body of the animal welfare organisations.

“As it turned out, those who thought this was a votes drive were barking up the wrong tree,” she said.

Kuch said elections were generally a time when South Africans reflected on important issues.

“Our aim with this campaign is to remind voters that the welfare of all animals should be one of those issues.

“We saw the elections as the perfect opportunity to highlight an issue we feel has received less attention than it deserves in the run-up to these elections,” she said.

The Hardy Boys said staff in Durban came up with the idea for the campaign and implemented it in less than two weeks. Kuch said the aim of the campaign was not to urge voters to boycott the elections.

“We believe everyone who is eligible to vote should exercise that right. But as they cast their votes we hope they spare a thought for the millions of animals who don’t have a voice,” she said

“We are not endorsing any political party. We hope more parties would include the welfare of all animals on their election manifestoes in future.

“Jobs, economic empowerment and the environment are tremendously important issues. But we believe strongly that how a nation treats its animals is as important. It’s a measure of the country’s maturity and compassion.”

The Hardy Boys have clients across the country and internationally

The agency won a Loerie award in 2010 for a provocative poster campaign for the SA National Blood Service that featured a tattoo artist working on a tattoo that reads: “I don’t give blood because I’m scared of needles.”

The Hardy Boys spokesman Dale Tomlinson said the elections became the perfect “tactical opportunity” to highlight an important issue.

“At a time when so many parties and individuals are making promises about changing and bettering lives, we wanted to highlight one organisation with a proven track record worthy of the public’s support. The welfare of our animals is even more important,” he said.

jason.felix@inl.co.za

Cape Times

Lindiwe Mazibuko caused a photo frenzy when she joined voters at Durban North Primary School.

Durban - DA parliamentary leader Lindiwe Mazibuko caused a photo frenzy when she joined the long queue of voters at Durban North Primary School on Wednesday morning.

Mazibuko caused a buzz among waiting voters when she declined an invitation by the polling station's presiding officer to jump the queue.

She was swarmed by people eager to take photographs of themselves alongside her.

Mazibuko, accompanied by her mother June and DA provincial leader Sizwe Mchunu, declined the invitation to jump ahead.

“No thank you. I always join the queue,” she said.

Mazibuko said she used to live in nearby Glen Anil and had always voted locally.

She said she was thrilled at the big turnout as it proved people were voting in numbers instead of staying at home.

The DA was confident of increasing its numbers nationally and provincially. - Sapa

President Jacob Zuma cast his vote amidst an ecstatic reception at the Ntolwane Primary School in KwaNxamalala, Nkandla.

Nkandla - President Jacob Zuma cast his vote amidst an ecstatic reception at the Ntolwane Primary School in KwaNxamalala, Nkandla, on Wednesday morning.

Ululating crowds jostled to get up close to the president and raised their cellphones and tablets to snap photos as the president stood in the voting queue with ordinary South Africans at the polling station.

Wearing a lightly checked cream jacket and pale mauve shirt, he was full of smiles for the Independent Electoral Commission of South Africa (IEC) staff as he slotted his ballot papers into the correct boxes.

After he had made his mark, he told journalists waiting outside that his vote was secret, before chuckling heartily.

“The results will be very good,” he told the media, who were scrambling to get a comment from him. - Sapa

Inderesan Maistry, accused of orchestrating the kidnapping and murder of his wife in February, will apply for bail.

Durban - Inderesan Maistry, who is accused of orchestrating the kidnapping and murder of his wife in February, will apply for bail on Friday after making a successful urgent high court application on Tuesday in which he claimed he was being “unlawfully detained” beyond the legislated seven-day period.

“I have a right to my liberty,” the Department of Labour manager claimed in his court papers, which came before Durban High Court Judge Johan Ploos van Amstel.

He has, until now, been named as Alvin in reports but, according to his affidavit, his first name is Inderesan.

Maistry married Charmaine Naidoo by Hindu custom seven years ago and was implicated in her murder by self-confessed hitman Sifiso Joyisa, who named him in his guilty plea as “the boss” who had given the orders.

Charmaine, 32, was at home in Merebank on February 17 when the house was broken into. She was taken by force, stabbed, shot and throttled. Her body was found near Galleria shopping mall in Amanzimtoti.

Maistry, who was arrested just before the Easter weekend last month, has denied any involvement in the crime.

“There is no reliable evidence against me. The State is relying on the word only of the killer himself, and the case cannot be considered strong,” he said in his affidavit in the urgent application.

He said that Joyisa claimed to have met him before February 17 and was told by another suspect that “I was the boss who wanted the hit carried out”.

“This is absolutely false. I have never met any of the intruders and had nothing to do with the death of my wife.”

Maistry said he had first read about the allegations against him in the newspapers and immediately contacted his attorney, who contacted the investigating officer.

“We made arrangements to meet with him on Tuesday, April 22 (after the Easter weekend) but, in spite of this, I was arrested late that same afternoon and taken into custody. I have no doubt this was a malicious move so that I would not be able to apply for bail for at least four days.”

At his first court appearance, he had been advised by the magistrate that because the State was opposing bail, the hearing would have to be adjourned and the court roll was full until mid-May.

The prosecutor indicated that he wanted to hold a identification parade. Maistry said his attorney had repeatedly pointed to the fact that in terms of the law, he should have a bail hearing within seven days, but the magistrate was adamant that the court was busy and the case was eventually postponed to May 16.

He said the parade had still not taken place and his attorney had written to the deputy chief magistrate asking for urgent intervention. There had been no response. “I have no choice but to come to the high court to get relief and I have done my best to raise the necessary funds urgently,” he said.

Maistry asked the judge to either release him on bail, or to order that the bail hearing be held in the magistrate’s court this week.

While the State initially opposed the application, Maistry’s advocate, Murray Pitman, advised the judge that the matter had been settled and it had been agreed that the bail hearing would take place this Friday.

tania.broughton@inl.co.za

The Mercury

A Durban man and his sister, charged with 2 505 counts of fraud, have failed to have the charges thrown out of court.

Durban - A Durban man and his sister, charged with 2 505 counts of fraud relating to an alleged Ponzi scheme, have failed in their latest bid to have the charges thrown out of court.

A review application by Mervyn Dennis and his sister, Mary Ann Peter, was on Tuesday found to be “non-reviewable” by Judge Themba Sishi, sitting in the Pietermaritzburg High Court.

This means the matter is to be placed back on the Durban Magistrate’s Court roll for trial. A legal source said the siblings could turn to the Supreme Court of Appeal as a last resort if they wished.

The siblings were also charged with one count of contravening the Banks Act in connection with allegations that, through Dennis’s “investment club”, Global Investments, R139m was taken from people.

It is alleged that Dennis started the company in 1998 and encouraged investors, most of them pensioners, to invest.

He promised the money would be invested on the JSE and that returns would be excellent.

It is alleged about R139m was invested in the club between 1998 and 2005, but that only R4.9m was put into the stock market.

About R61m was used to repay investors and the remainder was allegedly spent by Dennis on gambling, jewellery and payments to car dealerships.

Dennis was initially charged in 2006, but that case was withdrawn. The charges against him were reinstated in March 2010 – and his sister was also charged.

Judge Sishi noted yesterday that in 2011, the magistrate’s court refused an application for a permanent stay of prosecution. The siblings applied in March 2012 for leave to appeal, and this was also refused.

In October that year, they brought a review application that was to be argued yesterday.

The State, however, viewed it as an appeal and said it could not be argued as a review.

The judge ruled in the State’s favour.

The accused wanted their prosecution to be stayed permanently, claiming that vital documents and information, which they needed to prepare for their defence, had been lost.

The documents were seized from Dennis’s offices during a raid by the Financial Services Board in April 2006.

The State was of the view that there was nothing to stop the siblings from reconstructing the information.

The Mercury

A former principal who was charged with raping some of his pupils was raised aloft by supporters after he was acquitted.

Durban - Former South Coast primary school principal Desmond Makhanya, who was charged with raping and sexually assaulting some of his pupils, was raised aloft by supporters after he was acquitted of all charges on Tuesday.

A jubilant Makhanya hugged his attorney, Anand Nepaul, after he was found not guilty on 10 charges by magistrate Veliswa Dube in the Scottburgh Regional Court.

Makhanya was charged with four counts of rape, five counts of sexual assault and one count of exposure. The girls came forward after a sexual awareness campaign was held at the school.

Makhanya pleaded not guilty to the charges and claimed the false allegations were part of a plot to get him removed from his post. Speaking outside court yesterday, Makhanya, who was dismissed as a result of the case, said he would fight to get his job back.

“My focus now is to be reinstated. I would like to thank God and my family.

“My wife has been very supportive and strong throughout this difficult time.”

Magistrate Dube found that the State witnesses, especially the two alleged victims, had been unreliable.

“They were single, child witnesses and were the only witnesses that implicated the accused (Makhanya). Their evidence was not corroborated by other State witnesses and was riddled with inconsistencies and contradictions.”

She said the main complainant, who alleged she was raped four times, had contradicted herself when she testified and the second complainant had also kept changing her evidence.

The State only led the evidence of two pupils as one of the other girls refused to testify.

The remaining pupil and five other State witnesses could not be traced.

Dube added that key witness Ladyfair Sibiya, a child safety officer at Operation Bobbi Bear – an organisation which works with sexually abused children – had been evasive and attempted to hide crucial matters from the court.

She also criticised the evidence of Dr VB Mohammed who had examined the main complainant and concluded there was possible penetration.

She said Mohammed conceded during cross-examination that she could not dispute the findings of defence expert Reggie Perumal that the complainant was “a textbook virgin”, and that alleged tears could have been caused by the use of tampons.

Dube said the court could rely on Perumal’s opinion because he was an “impartial and objective” witness.

Perumal testified that Mohammed’s findings were improbable and the medical evidence did not corroborate the allegations made by the victim.

Nepaul said they would consider suing the health department for damages as it was Mohammed’s medical report, which was found to be unreliable, that led to Makhanya being prosecuted.

“It is concerning that a report of that nature was placed before the court.”

The Mercury

Apart from padlocks and a mystery trench, the elections in KwaZulu-Natal seem to have begun reasonably smoothly.

Durban - Apart from mischief-makers who put padlocks on two KwaZulu-Natal polling stations and a mystery trench being dug in the way of another, the elections seemed to have begun reasonably smoothly.

The IEC in KwaZulu-Natal said at 11am it was generally happy with the voting process so far in the province, except for a few glitches.

Some of the stations opened late after ink and stamps arrived late. Provincial electoral officer, Mawethu Mosery, said that in some stations the problem was that the electoral staff were not able to identify the pens used to mark the thumbs of voters.

The commission has blamed some delays on mischief-makers. In uThukela the IEC could not access two polling stations after unknown people had put padlocks at these stations.

By 10am only a station in Ntambanana had not opened. Mosery said this was because the station had become inaccessible due to a trench that had been dug at the entrance.

“When we arrived this morning we could not cross the trench.

“We still want to know who dug the trench or whether it was directed at voting station or whether it was a coincidence that it happened on voting day… I don’t know how wide the trench is but if the police could not cross that means it was quite big.”

Mosery appealed to voters to cast their votes where they were registered.

This morning the IEC received many applications from people wanting to use the Section 24A provision of the Electoral Act which allows a voter to vote at a polling station other than the one where the voter is registered. This should only be used in exceptional cases, Mosery said.

It was a new phenomenon, he said. “Most of them are in eThekwini - specifically Chatsworth - and we need to attend to it.”

He said voters needed to understand that they were creating problems if they hopped from one station to another to find shorter queues.

There was also confusion in some voting stations with voters being turned away for wearing party T-shirts. Mosery said voters had a right to wear party regalia and that only party agents and party candidates at voting stations were forbidden.

Mosery said the norm was that one ballot box must be used for both the national and provincial votes.

He was responding to questions after readers called the Daily News to question why both votes went into one box.

Some stations chose to separate the national and provincial votes as this would make it easier to count, he said, and there was nothing untoward with that arrangement.

Mosery said areas that had been plagued by protests earlier this week were peaceful this morning and voting was proceeding well in those.

The only incident was at Maphumulo where there was a delay in opening four stations because some people had gathered and were “hanging around” on the road.

This was despite a warning on Tuesday to expect disruptions, and police were put on high alert in KZN.

Allegations of electoral fraud have also surfaced in Ulundi, where ANC, IFP and NFP party agents were up in arms on Tuesday when they found that a seal of a ballot box containing special votes cast on Monday had been broken. It has been claimed that this happened when an official dragged the box on the ground, but complainants rejected this.

Party agents at the Maqhinga eNdoda voting station in Ulundi are angry about the broken ballot box seal.

It was unclear how the seal was broken, but it is believed a senior IEC official in Ulundi, who controls 15 voting districts, might have accidentally dragged the box, which caused part of the seal to break.

But when the party agents wanted to lodge a complaint they claimed they were refused forms by the presiding officer at the station.

They said the box had been properly sealed and sent away with the area manager on Monday night.

The NFP’s national working committee member, Sphamandla Ntombela, said it was shocking that a senior official could have been so careless. Although he believed the incident might genuinely have been an accident, it would be best if the official stepped down from his position, he said.

“The explanation is that he accidentally dragged the box, but how are we to know what his real intention was?”

Tutu Buthelezi, the ANC party liaison committee member in Ulundi, said the fact that the presiding officer refused to issue party agents with the complaint forms raised suspicions.

Jabulani Mlambo, an IFP election committee member, called for the immediate removal of the presiding officer.

“We are told by our party agent that she has been rude and unapproachable to the party agents.”

Mlambo said the incident was tantamount to electoral fraud.

The IEC’s outreach training officer in Ulundi, Phakamani Mabaso, said he was unaware of any objection from party agents.

But if there were any instances of electoral fraud, they would be uncovered during the counting phase tonight, Mabaso said.

Daily News

More than a month after the remains of a KwaNdengezi woman were found, her family has yet to bury her.

Durban - More than a month after the remains of a KwaNdengezi woman were found, her family has yet to bury her because her head is still missing.

Sanelisiwe Mkhize’s dismembered and burnt body was found in thick bushes in Chesterville.

She was nine months pregnant when she went missing on February 20.

On April 4, her boyfriend, Lwazi Gumede, was arrested and charged with her murder.

On the day of his arrest, Gumede identified what was believed to be the 22-year-old woman’s partial remains near Road 25 in Chesterville.

Her head and the child she had been carrying have not been found.

On Tuesday, Mkhize’s grandmother, Vivi Ngcobo, could not contain her emotions as the 24-year-old Gumede stood before the Durban Magistrate’s Court.

“My boy, you would be doing us all a huge favour if you told us where the head is,” she shouted, before storming out of the packed courtroom and banging the door shut.

The case was then transferred to a regional court in the same building.

When Gumede appeared in court in April, he said that he planned on pleading not guilty, and would be applying for bail.

At the regional court on Tuesday, Mkhize’s grandmother fainted and had to be taken outside, where she began weeping.

Gumede was brought to the dock, where he abandoned his bail application.

“I did it, I know the charge,” Gumede told the court.

Speaking to the Daily News outside court, Mkhize’s older sister, Lungile Mkhize, 34, said:

“When he (Gumede) pointed out where the body was to police, he never denied killing my sister, so now that he has told the court this, it makes no difference to me.”

“If he has kept quiet for this long, not saying where the head is, he could very well remain quiet until he is sentenced and goes to jail,” she added.

She said the family hoped that somehow police would be able to find Mkhize’s head soon.

“At the moment my sister’s remains are in Pretoria for DNA testing, and we are still not sure as a family what we are going to do when her remains are brought back home and the head is still missing,” she said.

Daily News

The eThekwini Municipality has buckled under the pressure of its angry employees.

Durban - The eThekwini Municipality has buckled under pressure from its angry employees, giving into their demands for seven years of backpay.

The about-turn follows Monday’s rampage by members of the ANC-aligned SA Municipal Workers Union (Samwu). Workers marched through the city centre, threatening to shut down the municipality’s electricity grid before Wednesday’s general elections.

The city’s top brass were also earlier pelted with plastic bottles and stones during a feedback meeting on the controversial backpay issue.

The matter stemmed from the divisional conditions of service arrangement made in 2007 after various municipal entities merged to form the eThekwini Municipality.

City officials, along with the ANC-led executive committee, scrambled to put together a multimillion-rand backpay deal late on Monday night, fearing a poll backlash if the city was plunged into darkness by irate workers.

Under the deal announced on Tuesday, workers will get seven years’ backpay and not only three years, as previously offered by the city.

The first payment, which is three years’ of backpay totalling R120 million, will be paid on May 23.

The remaining four years of backpay, totalling about R80m, will be paid out in December after the city budget is approved on July 1.

The omnibus allowances that had been stripped from metro police employees will be restored and employees will be able to cash 100 percent of their long-service leave and not just 50 percent as originally offered by the city.

The offer, presented by Samwu union leaders to nearly 10 000 employees on the steps of the city hall on Tuesday, was met with wild celebration and cries of “viva”.

On Monday about 3 000 city workers marched through the city centre towards the city hall, overturning bins, burning tyres and blocking intersections with their municipal vehicles after mayor James Nxumalo told them a decision on the backpay would only be made after the elections.

Nxumalo, along with city manager S’bu Sithole, speaker Logie Naidoo, councillors Nondumiso Cele, Fawzia Peer and ANC eThekwini chairman Dr Sibongiseni Dhlomo – the MEC for health – had to be whisked away by bodyguards when angry employees hurled plastic bottles and stones at them.

Addressing thousands of Samwu members on Tuesday, the union’s regional secretary, Nhlanhla Nyandeni, said they did not have any problem with the city’s administration and put the blame squarely at the feet of former city manager, Michael Sutcliffe.

He said Sutcliffe was the person responsible for “arrogantly” implementing the 2007 divisional conditions of service agreement, which stripped thousands of workers of benefits.

Nyandeni also accused Sutcliffe of appealing against a Labour Court ruling that sided with employees and dragging the matter to the Supreme Court of Appeal.

Speaking to the Daily News after the meeting, Nyandeni said they were happy with the city’s offer and hoped to sign a formal agreement by Friday.

He denied there had been any political pressure to hammer out a deal before the elections, saying members would have still have gone out in their numbers to vote for the ANC. “But there was pressure on the ANC part of exco because Samwu is at the forefront of all ANC activities,” he said.

“If Samwu is angry you will be afraid.”

Nyandeni said Monday’s march through the city happened because members were angry the process had been dragging on for so long.

He, however, denied that Samwu members were behind the trashing of the city.

“Until someone provides us with definitive proof that it was our members we will not comment.”

DA caucus leader, Zwakele Mncwango, said the city had no option but to agree to the union’s demands.

“They were going to cut off the electricity and throw the city into darkness on election day. That threatened the safety of the elections,” he said.

Mncwango said while he agreed with the city’s decision to pay the workers, their actions on Monday had created a dangerous precedent.

“Does this mean that every time they want something they are going to hold the city and the ratepayer to ransom? We need to have a decisive leadership in council who will be able to avoid getting into these situations,” he said.

“Besides having a legal obligation to pay workers, the city should also have a moral obligation to pay them what they are owed.”

Municipal spokesman, Thabo Mofokeng, said they would not be commenting on the offer until they had “official confirmation” from the unions on their acceptance'.

Sutcliffe: apartheid pay was the target

Former city manager Michael Sutcliffe said on Tuesday it was “ridiculous” that the issue over the divisional conditions of service was being personalised.

He said the point of implementing new service agreements in 2007 had been to do away with apartheid pay structures, which meant that some city workers were paid more than others for doing the same job.

For example, some metro police staff had received a danger allowance for sitting behind a desk while firefighters had not, he said.

“There were various aspects of the old service agreements that were unfair and needed to be changed.”

He said the divisional conditions of service had been agreed upon by all parties before they were implemented, but the unions had “disassociated their signatures” from the agreement and embarked on court action.

Sutcliffe said he was not a signatory to that agreement.

He said the decision to fight the unions in court had not been his decision alone.

It had been the decision of the city council, which had the support of the ANC leadership.

“We got legal advice every step of the way. This was not a decision taken in some dark room or corner somewhere.

“We had the support of our party, which was the ANC, every step of the way.”

Sutcliffe said that when he left the city in 2011, he understood that the matter would be “settled politically”.

“I don’t know what happened subsequently. There was supposed to have been a sober sitting down of (political) leaders to look at what aspects made sense and what did not and come up with something that was fair and just.

“I have no clue what happened after I left.

“The intention of the service agreement was to get rid of the inequities of apartheid and if anyone would like to defend those apartheid inequities let them stand up.”

Daily News