Nkandla voters question the R243m upgrade to President Zuma's homestead in the light of their own, very basic, homes.

Nkandla - S’thandiwe Hlongwane's brick house lies only a stone's throw from South African President Jacob Zuma's private home but the two hardly belong in the same country, let alone the same village.

Like most homes in Nkandla, in the rolling hills of KwaZulu-Natal, Hlongwane's is concrete and basic.

A recent facelift and lick of paint were paid for by the Economic Freedom Fighters (EFF), an upstart opposition party led by Julius Malema.

Zuma's abode, by contrast, is a sprawling compound of ornate thatched houses, complete with R246 million of state-funded security features including a swimming pool, amphitheatre, cattle enclosure and chicken run.

The Public Protector has said Zuma “benefited unduly” from the upgrade and has told him to pay back some of the money, fuelling public outrage at a scandal that has been the main talking point in this year's election.

“Today is the day where you use your 'X' to say what you think about Zuma's house,” said Hlongwane, 31, wearing Malema's signature red beret as she queued to vote on Wednesday in the fifth election since the end of apartheid.

As with many people in one of the poorest parts of Africa's richest economy, Hlongwane is jobless and relies on a 310 rand ($30) monthly government grant to help support her two children.

Zuma insists he has done nothing wrong, going so far as to tell a news conference this week that the renovations to his home were “not an issue with the voters”.

“I'm not worried about Nkandla. The people are not worried about it. I think the people who are worried about it is you guys, the media, and the opposition,” the 72-year-old said.

In some ways he is right. Despite the outcry, polls suggest the ANC will still win nearly two thirds of the vote, with many black voters sticking with the party that freed South Africa from decades of white-minority rule.

But voters in Zuma's back yard have taken note of the opulence on their doorstep and questioned the spending on the leader of a party that promised to bring equality to one of the world's most unequal societies.

Nobuhle Mngadi, an unemployed 41-year-old mother of three, has to trek daily down a dusty path to fetch water from a communal tap. She wonders why the ANC spent so much on Zuma rather than providing piped water to nearby homes.

“They have not been in power for very long,” Mngadi said, deciding, like many South Africans, to give Nelson Mandela's party another chance. “We will give them a little more time, but if nothing changes I will have to consider someone different.”

Overall, however, the Nkandla scandal has made little impression on the popularity of Zuma, a polygamous Zulu traditionalist, in the area.

As he turned up to vote at a nearby primary school, Zuma looked relaxed and confident. Hundreds of supporters in yellow, green and gold ANC regalia clapped, cheered and ululated with joy when they saw him arrive.

Reuters

An ANC supporter was killed outside a voting station allegedly by a member of an opposition party, the party said.

Durban - An ANC supporter was killed outside a voting station in KwaDukuza, KwaZulu-Natal, on Wednesday, the party said.

The person was allegedly killed by a member of an opposition party, African National Congress spokesman Jackson Mthembu said in a statement.

KwaZulu-Natal police spokesman Captain Thulani Zwane said the shooting took place outside the Lindelani voting station at about 9.30pm.

According to Jackson, “this comrade was killed while sitting at the ANC desk outside a voting station”.

Electoral Commission of SA (IEC) spokesman for the province Thabani Ngwira said he had not heard of the incident.

The ANC called on the IEC and police to urgently investigate the matter.

“This killing is clearly calculated to undermine free and fair elections.”

However, Zwane said the motive for the attack was unknown and police were investigating.

He appealed to ANC supporters to exercise restraint.

Earlier, acting Government Communication and Information System CEO Phumla Williams said in a statement two deaths outside polling stations were recorded on Wednesday but did not provide further details.

She said 97 people were arrested for offences related to Wednesday's general elections.

Sapa

The removal of balcony tiles led to a resident launching an urgent application in the high court against his body corporate.

Durban - The higher the price of the property, the stricter the rules of the estate or building.

This is the emerging picture after another property owner has embarked on expensive high court litigation to stop the body corporate of a plush uMhlanga block of flats from behaving like a “schoolyard bully” .

Last month, The Mercury reported on a legal challenge by property tycoon Niemesh Singh to “draconian” rules at the upmarket Mount Edgecombe housing estate where he lives.

This week saw logistics company boss Shaun “Mack” Makadooj launch an urgent application in the Durban High Court against the body corporate of Oyster Rock in Lighthouse Road, concerning a dispute over balcony tiles in the flat his trust bought for R8 million in July.

Makadooj, the chairman of KGB Holdings and trustee of the Shaun Mack Family Trust, said he applied in September last year for permission to renovate the flat and got approval to make changes to the internal open-plan layout, replace the internal floor tiles, upgrade the curtains and do interior painting.

He wanted to replace the “weatherbeaten” tiles with non-slip porcelain tiles on the balcony, but this was rejected.

“It was obvious they needed to be replaced. They are crafted of natural stone, are susceptible to the elements, porous, slippery and unsightly.

“The managing agents have also indicated that they agree that the tiles need replacing and one owner has already been given permission to make the change,” he said in his affidavit which came before Judge Johan Ploos van Amstel.

He said his contractors removed the tiles and he was under the impression that the managing agent would source new ones which would then be laid by his contractors at no cost to the body corporate.

The work on the flat began in January and was expected to be finished at the end of March and, Makadooj said, he expected the tile issue to be resolved during this period.

But it wasn’t. And in April the body corporate wrote, referring to “certain transgressions”, threatening an interdict and banning his contractors from the site “until such time as the patio tiles unlawfully removed, are reinstated”.

“This high-handed attitude is nonsensical, given that the body corporate has admitted the old tiles are defective.

“They also want us to reinstate the old tiles without contractors. I am not a tiler and neither is my wife,” Makadooj said

“The body corporate is acting like a schoolyard bully. There is no lawful reason why we cannot continue with our internal renovations.

“We want to move into our new home,” he said.

A lawyer’s letter from the body corporate’s attorneys, attached to the court papers, says the tiles are “natural stone” and were intentionally used by the developer to ensure a natural finish.

It states that Makadooj was “specifically informed in writing” not to remove them.

In terms of an order taken by consent, the contractors were allowed back on site, but Makadooj was interdicted from replacing the tiles until the dispute is resolved.

Singh’s application involved similar allegations that his contractors were being denied access because he had replaced windows on one of the four houses he owned on the estate without permission of the management.

He has launched two other applications, one because security threatened to take away his electronic access, and another in which he is seeking to declare the estate’s rules, which he claims are enforced with an “iron fist”, to be “unlawful and invalid”.

Among Singh’s complaints are that domestic workers are not allowed to walk freely around the estate and residents are fined for misdemeanors.

This application is expected to be back in court on May 19.

tania.broughton@inl.co.za

The Mercury

A first time voter was so eager to make his mark in SA’s fifth general elections that he spent the night outside the polling station.

Durban - First-time voter Qiniso Dlamini was so eager to make his mark in South Africa’s fifth general elections on Wednesday that he arrived at a Durban polling station at 11.30pm on Tuesday.

And when the doors to Durban City Hall opened for voting, the 24-year-old man realised his goal - and became the first person to cast his vote there.

But Dlamini, who lives with his mother in a flat in Stalwart Simelane (Stanger) Street, almost did not make it.

He had to first fend off a local pastor, Duma Pilate, a crime monitor who initially thought Dlamini was up to no good on the doorstep of the city hall.

“I drove around shortly after 11.30pm and saw him outside city hall and thought it’s just a hobo or someone lurking around,” Pilate said.

“When I drove a second time around city hall and saw him in the same spot again I got very suspicious and even thought about calling the police. However, when I approached him and he told me he was waiting in line to vote, it made me so happy.”

Even the city hall security guards were at first suspicious of Dlamini.

“I had initially been sitting on the steps and they told me to move away because they had problems with people stealing the brass handles off the doors,” Dlamini said, laughing. “They did not want me near their doors.”

He said he was so excited about the prospect of voting that he could not sleep and decided to rather go to the voting station and wait for it to open.

“I was not politically aware before and that is why I did not vote. However, I have come to understand the world we live in a bit better and I was eager to cast my vote this time.”

Wearing a windbreaker, a scarf, a woollen cap and leather gloves, Dlamini found a spot nearby where he settled in for the night.

At 3am, he was joined by the second voter, 67-year-old Chris Chetty.

“I get up early every day so this was not a problem getting here at 3am,” said Chetty. “I’ve done it for every election since 1994.”

About 6 800 voters had registered to vote at Durban City Hall.

Daily News

Charmaine Naidoo’s father says he will object to his daughter’s husband, who is in custody for her murder, applying for bail.

Durban - The father of murdered Merebank woman Charmaine Naidoo says he will be in court on Friday to object to his daughter’s husband, who is in custody for her murder, applying for bail.

Rashid Narasiah, who became quite emotional at his son-in-law Inderesan “Alvin” Maistry’s first Durban Magistrate’s Court appearance last month, yesterday said he was shocked to hear of the new date for Maistry’s bail application.

Maistry brought an urgent application to secure a bail hearing. The matter was heard before Durban High Court Judge Johan Ploos van Amstel on Tuesday. In papers, Maistry, 44, denied he was the “boss” who ordered the hit.

Maistry and Naidoo, 32, had run a supermarket together. In February, Naidoo had just returned home from her shop in Wentworth when robbers stormed her Merebank home.

She was shoved into her Toyota Yaris and taken to KwaMakhutha where Sifiso Joyisa shot her in her right shoulder. Joyisa last month pleaded guilty to killing Naidoo and was sentenced to 40 years.

In his guilty plea he said when Naidoo did not die his co-accused Bongani Manyathi stabbed her several times and then strangled her with her shoelace. Her body was dumped and her car was abandoned in Isipingo.

Joyisa said he and his other co-accused, Mandlenksoi Jobe, had met an Asian male by the name of Maistry a few days before the murder and Jobe had said this was the “boss” who wanted the hit carried out.

Maistry argued that at his court appearance last month his attorney Mervin Dorasamy had objected to the adjournment to May 16 where he, along with the two other co-accused, would apply for bail. Dorasamy had said this was longer than the seven-day adjournment period.

He was told this was the earliest court date available and the State wished to conduct an identification parade.

“In those circumstances I have now been in custody since April 17, being 15 days as at May 2. As at the date of the signing of this affidavit, no identification parade has taken place,” read his statement.

Dorasamy had drafted a letter to the chief magistrate at the Durban Magistrate’s Court and had still not received a reply.

Maistry, a manager at the Department of Labour, said this matter had been brought before the high court on an urgent basis because he was being “unlawfully deprived of my right to liberty”.

Narasiah, who was in court for Joyisa’s guilty plea and sentence, said he would be in court tomorrow. “I don’t want him to be granted bail and he can’t return to Merebank because the community will attack him,” he said.

noelene.barbeau@inl.co.za

Daily News

An ANC volunteer has been killed in KZN after an alleged group of IFP supports shot at ANC members outside a polling station.

Bheki Mbanjwa, Kamcilla Pillay and Marianne Mertens

Durban - A 30-year-old woman volunteer manning an ANC information table was shot dead in front of her colleagues just after a KwaDukuza polling station closed on Wednesday night.

This incident stood in stark contrast to other areas in the province, where polling was peaceful.

The biggest problems in KZN seemed to be the 300 000 people who wanted to vote at stations other than where they were registered.

On Thursday morning KZN provincial secretary, Sihle Zikalala, said the volunteer had been shot to send a message to the ruling party.

The reasons for this claim and the exact message, Zikalala said, would form part of the police investigation into the incident.

“There was no report of an argument or confrontation before she was shot. All we heard was news of the murder.”

He said the woman could not be identified because her family still had to be informed of the attack.

The incident took place just minutes after the voting station had closed at about 9pm.

An ANC member who witnessed the incident blamed the IFP for the attack. She did not want to be named for fear of reprisals.

She was part of a group of ANC members waiting at an information table outside the Lindelani Community hall.

“There were about 50 of us. We were standing there toyi-toying while we waited for results. Then a group of about 70 IFP members came towards us. They were also toyi-toying and as they passed shots rang out.”

She did not see who fired the shots, saying it was hard to see as it was “a bit dark”.

The witness said there was not even time to run. She said she just felt numb.

“(The victim) was dead within 30 minutes. I don’t know how many times she was shot I just saw one chest wound but the comrades who examined her body said she had been shot twice.”

The woman said ANC members were now living in fear and added that the IFP members had not been provoked.

Deputy national spokesman of the IFP, Joshua Mazibuko, said he was not aware of the incident, and did not have the facts at hand.

“I can say that it is unfortunate that any soul was lost regardless of who caused it. Of course, we condemn the use of any such violence in the strongest terms.”

Zikalala said: “We condemn this heinous and barbaric attack in the strongest possible terms. It is clear that the killing had been well planned to instil fear among ANC volunteers on election day.”

The Lindelani area, he said, had over the years been known as a no-go area for ANC members during election campaigns.

On Wednesday, the ANC claimed one of its members was assaulted by a senior IFP leader in Greytown.

Police are investigating these claims.

“We call on our members to remain calm and resist being intimidated by this act of cowardice.

“The ANC will be engaging senior management of the police to ensure that they pay serious attention to this matter so that the perpetrators can be apprehended and brought to book.”

He added that the party’s thoughts and prayers were with the family and friends of the woman.

On Wednesday the shortage of forms to enable people to vote at a station other than where they were registered, left election officials and at least one political party - the DA - scrambling to print more to avoid a disaster. And some stations nearly ran out of ballot papers, slowing the voting process as the Independent Electoral Commission (IEC) dashed to obtain more supplies.

The IEC, blaming the problem on higher than expected demand, had to print an additional 300 000 VEC4 forms, which have to be filled in by people voting outside their voting districts.

The DA also printed some to help speed things up, but the move was being viewed as “very suspicious” by the IFP, who said last night after many of the voting stations had closed that it would lodge an official complaint. It said it opened the window for fraud.

However, the IEC’s provincial spokesman, Mawethu Mosery, said there was nothing untoward with the forms being printed by political parties as they could also be downloaded from the internet.

He said the stations affected the most by the shortage were in the eThekwini metro, uMhlathuze (Richards Bay) and Msunduzi (Pietermaritzburg) municipalities.

The problem was apparently caused when some parties began transporting people from stations where there were long queues to other, quieter ones.

This was despite assurances by the IEC that it had a plan to manage long queues.

Some individuals are also thought to have tried to avoid long queues where they were registered.

The IFP was also unhappy with a claim that by 6pm on Wednesday all the 6 million provincial and national ballot papers printed by the IEC had been exhausted.

“It points to a very suspicious development which may impact negatively on the credibility of the whole election,” said the IFP’s national chairman, Blessed Gwala.

“We find it nearly impossible to accept this state of affairs; hence we call on the IEC to urgently institute an independent investigation.”

Gwala would not say whether the IFP would accept the results of the election.

“We are speaking to our lawyers and will be speaking to the party leadership about this.”

However, Mosery said ballot papers had not been exhausted as no additional papers were printed.

The DA said voting went fairly well but was concerned by the “level of competence shown by the IEC in eThekwini”.

“Apart from that, the other things were just minor issues, but we also had situations where some parties were campaigning inside voting stations,” said DA leader, Sizwe Mchunu.

The provincial chairman of the NFP, Vikizitha Mlotshwa, said he had received a few worrying reports from party agents about the elections. These included members being turned away for wearing party regalia.

Only 100 voting stations in KZN were still open after the 9pm cut off. By 10pm some stations were still open for those people who were in the queue at 9pm.

The final results are expected to be out by midnight on Thursday.

KZN figures as at 9am: ANC 608 356; DA 81 116; IFP 124 223, NFP 81 801, and MF 2 989.

Daily News

“Use your own pen and not the one that they provide, because the ink disappears.”

Durban - Your vote will be counted - even if you used the pens provided by the Independent Electoral Commission (IEC).

Panic spread through the voting stations after e-mails and messages over social networks warned of an IEC conspiracy: the ink used to mark your vote would gradually fade by the time of counting, effectively “spoiling” it.

The rumour was started by a person claiming to be overseeing vote counting.

The volunteer encouraged voters to use their own pens to make their crosses.

The e-mail reads: “Use your own pen and not the one that they provide, because the ink disappears.”

But the IEC denied the claim. In its voter fact sheet, it dismisses it as an urban legend.

IEC spokesman Thabani Ngwira said regular pens had been issued, but voters were more than welcome to bring their own if they wished to.

He said he had also received enquiries relating to the X made next to the voter’s chosen party.

“Voters were urged yesterday [Wednesday] to make sure that the X did not touch the lines of their box.”

This, he said, might “create doubt” and could lead to the ballot being deemed “spoilt”.

Daily News

Taxi drivers blockaded roads around Durban Station and threw objects at metro police trying to get closer to the angry mob.

Durban - Angry taxi drivers blockaded Mathews Meyiwa Road (First Avenue) and other roads around Durban Station on Thursday with burning tyres and threw objects at metro police and photographers who tried to get closer to the toyi-toying mob.

The drivers, with the Durban Long Distance Taxi Association, told the Daily News that they would blockade this road “for the whole year” if their demands were not met by metro police.

The association’s BQ Nzuza said this morning metro police impounded six of their taxis for being parked illegally in Mathews Meyiwa Road.

The drivers park and sleep in their taxis on this road and last month, these taxi drivers were told to no longer park on a vacant piece of land in this road.

“They tell us to go and park in a holding area in Dalton, that is too far because we work from First Avenue so it makes sense for us to park here,” he said.

Nzuza said metro police knew this and yet their taxis continued to be impounded and they were now “sick of metro police, they have been urinating on us for years”.

A taxi owner, Gaba Zuma, claimed that metro police were “abusing” their taxi drivers and making their working conditions unbearable.

“We want (Eugene) Nzama (the head of metro police) to come here and explain to us how long this will go on for because we are not moving from here till he comes and tells us where exactly our drivers are meant to park,” said Zuma.

Metro police spokesman, Eugene Msomi, said these drivers were not allowed to hold (park off) illegally if their allocated rank was full.

“The issue of the holding area in Dalton being too far is something they can discuss with our colleagues in the Ethekwini Transport Authority unit, who are responsible for providing infrastructure to the transport industry.

“Otherwise metro police’s duty is to ensure compliance with road traffic laws,” said Msomi.

He said if the association wanted to speak to Nzama, there were channels that needed to be followed and blockading roads was not one of them.

Daily News

A two-year-old boy was critically wounded after being shot, Netcare 911 paramedics have said.

Durban - A two-year-old boy has been shot in Margate, on KwaZulu-Natal's south coast, paramedics said on Friday.

He was critically wounded on Thursday night and taken to hospital, Netcare 911 spokesman Chris Botha said.

“Netcare 911 paramedics were called this morning (Friday) to transfer the child to a specialised facility in Durban under the constant care of an advanced life support paramedic,” he said.

No further detail on the incident was provided.

Police spokesmen Captain Thulani Zwane and Colonel Jay Naicker could not be reached for comment. - Sapa

A farm attack in Ixopo in 2013 was so traumatic for a woman who worked at the farm that she could not remember it, a court heard.

Durban - A farm attack in Ixopo a year ago was so traumatic for a woman who worked at the farm that she could not remember it, the Pietermaritzburg High Court heard on Thursday.

Margaret Fennell, 70, testified in the trial of Nkosinathi Emmanuel Mngadi, 29, and Sifiso Alfred Ngubane, 24, of KwaMashu, who are charged with the murder and robbery of farmer Peter Charles Hackland, 61, at Cromleigh farm in Ixopo on May 7.

Fennell said at about 12.30pm, the Hackland family would have been having lunch. She could not remember anything else.

“I believe that with the psychological and emotional trauma, amnesia can result. I was being hit on the face. It must have been traumatic seeing what was happening in the kitchen. I sustained injuries. I was hit on the left side of the face. There was an open wound above my left jaw.”

She added that she remembered how painful it was after visiting a doctor, but could not remember being driven there.

Before the incident, she said, she did not suffer from memory loss.

“Since it happened, I am apprehensive about my memory returning and how it would affect me.”

Earlier in the week, the farmer’s daughter, Louise Hartwig, testified.

She said she was preparing lunch when she realised her father was shouting. She went outside and saw him between the two accused.

She and Fennell were dragged into the pantry and assaulted.

The trial is continuing.

The Mercury

National Freedom Party is pleased with its preliminary national vote results, having garnered over 270 000 votes so far.

Pretoria - The National Freedom Party is pleased with its preliminary national vote results, it said on Friday.

“It is the first time we contest the general elections and are happy with the results so far,” said NFP Youth president Sbusiso Mncwabe.

The NFP had received 276 065 votes just after 11am as final votes trickled in.

It had garnered 269 234 votes in its stronghold, KwaZulu-Natal.

The party, led by Zanele kaMagwaza Msibi, broke away from the Inkatha Freedom Party.

Sapa

The DA looked set to dislodge the IFP as the official opposition in KwaZulu-Natal.

Durban - With only 220 voting stations awaiting finalisation for the provincial results in KwaZulu-Natal earlier on Friday, the DA looked set to dislodge the IFP as the official opposition in the province.

It had secured 12.15 percent (427 734 votes) by 11am. The ANC maintained its vast lead, with 64.49 percent (2.265 million votes of the 3.56 million counted).

The DA is the surprise package in KZN, increasing its support from 9 percent in 2009.

University of KZN politics lecturer, Zakhele Ndlovu, said the DA had surprised many. The battle for who would become the official opposition had been expected to be between the NFP and the IFP.

“The DA has really received a boost from the minorities, especially in the Indian areas,” he said.

“It is no secret that minorities have never felt comfortable with the ANC, so with the death of Amichand Rajbansi (the former MF leader) some people had to find a new home and they voted the DA.”

By Friday morning the MF had only managed to get 36 176 votes (1.03 percent). With this margin the party might just get one seat in the 80-member provincial legislature.

Five years ago the MF received over 70 000 votes, allowing it to send two members to the legislature. But with fewer people heeding the call to “do it for the Raj”, party leader Shameen Thakur Rajbansi might be the only MF member going to the provincial legislature.

Ndlovu said this was the final nail in the MF’s coffin. “The MF in fact died when Rajbansi died.”

About 30 000 votes separated the DA from the IFP which had scored 397 145 (11.28 percent) by 11am. This would be a huge disappointment to the IFP whose backing looks likely to be slashed in half from the 22 percent it scored in 2009.

IFP leaders put on a brave face. They said the IFP had, despite obituaries being written about it, proven it had staying power.

“The doomsayers never gave us any chance so in that context we did well,” the party’s deputy national chairman, Albert Mncwango, said this morning.

He admitted, though, that it would be a big disappointment if the IFP were to lose its status as the official opposition in KZN.

“Yes it is true the DA has experienced phenomenal growth and it would sadden us if we were to lose that status as the official opposition.”

Mncwango attributed the IFP’s decline to the split it suffered in 2011 when the NFP was formed.

“All this should be seen in the context that we are rebuilding after that split. It is not going to happen overnight. But we are encouraged by the votes we are picking up in other provinces. This would form a basis for growth,” said Mncwango.

The IFP was strongest in the two municipalities of Ulundi, the home town of IFP leader, Mangosuthu Buthelezi, and Umsinga.

The DA worked hard to lure members of the MF. Recently three MF councillors defected from the party to join the DA.

The DA has also been making inroads into MF strongholds, such as Chatsworth, where it was able to snatch a ward from the MF.

DA provincial leader, Sizwe Mchunu, was confident his party would remain in second position after the final results were declared.

He said the growth of his party was due to its consistent message and campaigning in non-traditional DA areas.

“With 95 percent having been counted we can safely say we are the official opposition. We have met our target to become the official opposition and have surpassed our target of 12 percent. In the so-called Indian areas we won with flying colours,” Mchunu said.

The face of the opposition is also likely to be changed by the entry in KZN of the Economic Freedom Fighters. Vusi Khoza, the former ANC councillor convicted of public violence, will be representing the EFF in the legislature. The party had drawn 1.78 percent of the vote (62 427), and if the margin continued, a second EFF member might be in line for a seat. Khoza was confident that by close of day, the EFF would have secured another seat.

“KZN is a difficult province, it was never going to be easy for us if you consider that in this province you have two very strong regional parties, the NFP and the IFP.”

He said the EFF would be going to the legislature to change the status quo.

“We will even be wearing our berets in the legislature we are going to shake things up,” he said.

Another newcomer, the NFP, will also be sending a few members to the legislature although it looked unlikely to reach its target of being the official opposition.

The IFP offshoot had recorded 267 951 votes (7.63 percent).

Party leader, Zanele kaMagwaza-Msibi, said the party was happy with its achievements at its first general elections.

Daily News

Passangers watched in horror as a taxi driver was gunned down in Ntuzuma as he stopped to pick up a mother carrying a baby.

Durban - Passengers watched in horror on Thursday as a taxi driver was gunned down in Ntuzuma as he stopped to pick up a mother carrying a baby.

The morning shooting has heightened tension between two rival taxi associations and has left the passengers – including school pupils who witnessed it – fearing for their lives.

Thirty-five-year-old Themba Cele’s murder has been linked to a long-running feud between the Ntuzuma and Piesang taxi associations.

His anguished mother, Thembisile Cele, said last night he had died while being rushed to the KwaMashu polyclinic.

“He had voted on Wednesday but he died before he could celebrate his vote.”

Cele said she had received the news soon after arriving at work.

“My youngest son told me to rush to the clinic because Themba had been shot. I was told he had succumbed to a single wound after a bullet had pierced through, missing his left rib.”

Cele said she was devastated. “He had been a good son. He always checked up on me before and after getting back from work.”

She said her son’s assistant, identified only as Xolani, fled after the shooting, but came back later to check up on him. “In a last bid to save his life he drove my son to a clinic,” said the mother of five.

A traumatised Ntuzuma commuter who did not want to be named told how the shooting happened at about 7.30am as about eight passengers inside the taxi looked on.

She said she was seated in the third row of the taxi behind the driver when he pulled over to pick up a mother carrying a baby. A man appeared from nowhere at the driver’s window and started grappling with him.

“I thought he wanted to take the keys from the ignition, but at that moment I heard two loud bangs fired at the driver. The driver slumped in his seat.

“I could not find the strength to look. We all screamed and scrambled for the door,” said the mother of two.

She said she wished transport authorities would ban both associations reportedly involved.

“It is not safe using taxis but it is the only transport we have. I seriously need counselling. I cannot concentrate,” she said.

When a Daily News team arrived at the scene on Thursday, police were keeping watch as a crowd of angry drivers and owners belonging to the Ntuzuma Taxi Association looked out for their rivals.

Chairman of Ntuzuma Taxi Association, Velaphi Gumede, accused the rival Piesang Taxi Association of being behind the shooting.

“We think it is them because they operate unlawfully on this route. This is our territory. We have a permit to prove it,” he said.

“We have decided to park our taxis after the incident. The department (KwaZulu-Natal Department of Transport) has not been helping to resolve the dispute.”

Both associations were involved in a number of shoot-outs in October and November, one of which lasted more than an hour when they squared off in New Road, Ntuzuma, leaving more than five people injured.

However, Mike Mkhize of the Piesang Taxi Association denied its members had been involved in on Thursday’s shooting and questioned the validity of the permit its rivals claim to possess.

Mkhize insisted his association had obtained a high court interdict, which prevented the other association from operating until the matter had been heard in court.

“It was definitely not us. We do not have security guards like them. The department asked both associations to dissolve their security structures and we obeyed.

“Their aim is to hijack the route from us,” Mkhize said.

Department officials could not be reached for comment.

Police spokesman, Captain Thulani Zwane said a case of murder was being investigated.

nkululeko.nene@inl.co.za

Daily News

A man scavenging for goods left outside a KZN home got the fright of his life when he discovered a live mortar bomb.

Durban - A man scavenging for goods left outside the driveway of a Yellowwood Park home of an evicted tenant got the fright of his life on Thursday when he came across a live mortar bomb.

He panicked, threw it near a palm tree on the verge before alerting a resident, James Morley, a former soldier.

Morley called the police and the bomb squad arrived, performing a controlled detonation after deciding it was too dangerous to take the shell away.

The shell was among household goods left outside the Sunbird Avenue home on Monday by the sheriff of the court, who had evicted the tenant last week.

But Sandile Nsibande, who was evicted on Friday, said a previous tenant had left the mortar shell in the garage.

Morley said many tenants had lived in the house over the years.

“Since Monday, people had been scavenging and made a mess of the place. This guy calls me to show me what he found. It looks like a toy if one does not know about bombs.”

Morley contacted the police and when the bomb squad arrived they told neighbours to stay indoors and close their curtains as a precaution. They cordoned off the road and dispersed bystanders.

Yellowwood Park and Woodhaven Sector Policing Forum chairman Chris van den Berg said he was not sure where the bomb had come from. He said the mortar’s cap had been removed, but the pin was in place.

“An explosives police dog checked the area and found it to be clear of any other threats.

“The bomb disposal team decided that the mortar was not stable enough to transport so they conducted a controlled detonation.”

Van den Berg said the explosion could be heard throughout Yellowwood Park.

“Congratulations need to be given to the police officers for conducting a safe and well-orchestrated operation to deal with the bomb found.

“It is concerning that in this day and age a live bomb was in the hands of civilians, tampered with and just left on the side of the road.

“How many children handled this bomb before it was destroyed?”

Nsibande said he found the bomb in the garage when he moved in three years ago. He had also found two shotgun shells.

Nsibande at first thought the mortar shell was a grenade because of the pin.

He said that when he was moving out he left the previous tenant’s stuff in the garage.

The sheriff had tossed the items outside the driveway gate and left, he said.

“I used Google Search to gather more information about grenades and their shapes. I could not see this particular shape on the internet so I did not think much off it.

“My 14-year-old nephew pulled out the pin once, but it did not explode.”

Nsibande said a friend had informed him on Thursday that a bomb had gone off at his previous home.

Fearing the worst, he took a taxi from central Durban to get there, thinking the house had been blown up.

Police spokesman Captain Thulani Zwane said a report about the incident had been made at the Montclair police station.

zainul.dawood@inl.co.za

Daily News

Tensions are running high in KwaDukuza, after the killing of an ANC member 30 metres from a voting station.

Durban - Tensions are running high in Lindelani township, KwaDukuza (Stanger), after the killing of an ANC member 30 metres from a voting station.

Mother-of-three Nu Mhlongo, 30, was gunned down just two days after she celebrated her birthday.

Her death has left the community tense, sparking accusations and counter-accusations between the IFP and ANC.

A witness, Zazi Thwala, 40, said Mhlongo was “shot and she died in my yard”, near where the ANC was manning a tent, assisting voters on their way to the nearby ward 4 community hall.

He said a group of ANC supporters had been singing and dancing outside his home after the voting stations had closed, when they saw some IFP supporters approaching, also singing.

“We quickly went back into our tent.

“When they approached us they sang louder,” Thwala said.

He said the crowd of IFP supporters drew near and parted, revealing someone carrying a gun.

“He aimed at us and fired a shot. She was shot on the left side of her chest.”

Thwala said the crowd then closed ranks and “carried on singing as if nothing had happened.

“I ran into my house as everyone around me was running in different directions.”

Zanele Ntuli, 37, who was among the ANC supporters when the single shot rang out, was still shaken on Thursday when she spoke to the Daily News.

She said she was too frightened to go to work because of the ugly mood in Lindelani.

Ntuli said the owner of the tent who had hired it out to them was too scared to pick it up.

Mhlongo’s brother, Siboniso Qwabe, said he still could not believe his sister had died.

“Maybe after the funeral it will sink in. Right now I am still in shock and I am at a loss for words. She was the breadwinner in the family. She did everything for us. I don’t know how we will cope without her.”

He said Mhlongo’s three children, Siyamthanda, 18 months, Nomvelo, 6, and Ayanda, 9, were now without the mother they needed.

IFP deputy national chairman, Albert Mncwango, insisted Mhlongo was killed by a member of her own party.

“I would like to clarify that the person who shot the victim was a fellow ANC member. He is known to be hostile and aggressive. IFP members were walking towards their own tent when someone from the ANC fired a shot toward the IFP crowd. The shot hit an ANC member instead.”

KZN premier Senzo Mchunu, accompanied by Nkosazana Dlamini Zuma went to pay their respects at Mhlongo’s home, 100m from where the shooting took place.

He said: “The situation will be closely monitored. Her death has left us in a state of despair, as if our efforts to end political violence were for nothing.”

Dlamini Zuma said: “The ANC is a disciplined organisation that follows the law. There will be no revenge attacks. We will carry on the spirit Nu left us with and take the ANC forward.”

Police spokesman, Captain Thulani Zwane, said the motive for the killing was unknown.

Daily News

The spotlight fell on a deceased friend of Durban businessman Rajiv Narandas during Narandas's murder trial.

Johannesburg - The spotlight fell on the late Jenaide Charles, former friend of Durban businessman and murder accused Rajiv Narandas, as argument was led in Narandas’s murder trial in the Alexandra Magistrate’s Court on Thursday.

Charles died of a heart attack three weeks ago, at the age of 25. Charles’s father, Rikesh Charles, said his son “died in his sleep and he went peacefully”.

Charles, who was employed as a site manager, was sentenced in 2011, together with his friends, for the attempted murder of Lance Moodley, the son of Durban businessman and racehorse owner Roy Moodley, in 2008.

Narandas remained friends with Charles to the end, even though his defence team has fingered the dead man as the one who should have been in the dock rather than Narandas.

In his final argument on Thursday, Narandas’s advocate, Mannie Witz, mentioned Charles on a number of occasions as the “main aggressor” in the fracas that led to the killing of Veenand Singh in the parking lot of the Shoukara nightclub in Sandton on July 13, 2008.

Judgment in the case, which has lasted for more than six years, is set down for next Friday.

Witz said evidence was that Singh and Charles were talking to each other initially, then fell into an altercation.

“At most, the accused (Narandas) was staring down at the deceased, his arms folded, but he had no weapon,” said Witz.

He pointed to undisputed evidence that Charles, on the other hand, was armed, and submitted that he had initiated the fight.

Witness Paroshen Soorian (who was in Singh’s group that night) told the court previously that Charles had approached Singh’s group and shouted: “Do you know who the f*** we are, you c***?”

Soorian said his brother Gyendra, who was at the scene, told him Charles had a “long wooden stick or cane, which held a sword”.

However, while Witz never contested this part of Soorian’s evidence, he submitted that his evidence and that of other State witnesses was full of contradictions and discrepancies, particularly when comparing it to the expert medical evidence of pathologist Gert Saayman.

“Professor Saayman found that the injury was a horizontal stab wound of about 40-50mm, and that moderate force was used… He said that if there was no movement, it was unlikely that it could’ve been inflicted by a left-handed assailant (Narandas is left-handed). This directly contradicts evidence by witnesses who said the stabbing was fierce and hard, and it was a downwards or upwards stabbing,” said Witz.

Also, Saayman had not excluded the possibility that the wound was caused by a sword-like weapon, he added.

Witz also focused on the lack of blood on Narandas after the fight.

“Medical evidence is that there is a lot of blood with this type of injury. Yet there was not a speck of blood on the accused afterwards,” he said.

In her argument against Narandas, State prosecutor Adele Barnard said the fact that witnesses had contradicted each other was normal in the circumstances (of a brawl involving a number of people), and these did not affect the “material aspects” of the case.

“These discrepancies don’t mean they (the witnesses) aren’t telling the truth,” she said.

On the other hand, Narandas had contradicted himself, said Barnard, adding that it was clear under cross-examination that he “amended his version on several occasions”.

She also pointed to undisputed evidence that a Swiss army knife was witnessed on the scene, and that this was the weapon Narandas used to kill Singh.

Narandas admitted he saw the Swiss army knife lying on the ground during the fighting that had broken out around him.

Witz submitted that Narandas picked the knife up “in order to prevent himself or anyone else getting stabbed”, then he left the scene as fighting continued.

Narandas and his girlfriend, with a number of members of the Singh family, were in court, and are expected to turn out again for the long-awaited finale of this trial.

Daily News

The man accused of murdering his wife and children with a traditional Indian mace has been declared mentally fit to stand trial.

Durban - The man accused of murdering his wife and their two children with a gada – a traditional Indian mace – has been declared mentally fit to stand trial.

This is according to a psychiatrist’s evaluation report.

Megamberry Armugam Rajan Kandasamy, 44, cut a forlorn figure as he stood in the dock, shoulders stooped, at the Chatsworth Magistrate’s Court on Thursday.

He is charged with the murder of his wife Varsha (Mala), 41, son Megandran, 17, and daughter, Melarisa, 18, at their family home on the weekend of December 28-29.

All three were found bludgeoned to the death with a gada.

Kandasamy had been placed under mental observation at the state’s Fort Napier Hospital in March following his arrest.

He has since undergone two further private mental assessments.

State prosecutor Lolly Soobramoney on Thursday submitted one of the private evaluation reports to the court, which declared Kandasamy mentally fit.

She asked for the accused to be transferred from the Westville prison hospital to cells.

The defence argued that Kandasamy be kept at the hospital pending the outcome of the other two reports.

However, magistrate Leon Ferreira refused the request. He ordered Kandasmy to be moved to prison.

Addressing the defence attorney, the magistrate said, with raised eyebrows: “You have put me in a difficult situation here. You want the best for your client, and I can’t tell the authorities to take him to hospital, as I have no medical qualifications.

“Would you like for me to call the doctor to court? I am pushed to make a decision and the accused is held in custody at Westville Prison. If there are any further issues, he can be assessed by the prison authorities.”

Prior to Kandasamy’s three mental assessments over the past two months, he was examined by the district surgeon at Addington Hospital, Dr Savvas Antoniades, in February.

The doctor’s mental assessment affidavit - presented to the court earlier this year – said Kandasamy claimed he had no recollection of murdering anyone, that he had a psychiatric history, and he had been taking medication.

The matter has been adjourned to next month. Kanda-samy has been remanded in custody at Westville Prison.

Daily News

The owner of a KZN auto repair shop told the court he had made 127 phone calls to a policeman who failed to settle his R25 000 bill.

Durban - The owner of a motor repair shop made 127 phone calls and numerous visits to the homes and workplace of a policeman who had failed to settle his R25 000 repair bill, the Durban Regional Court heard.

eManzimtoti businessman Barry Male, 39, owner of Barry’s Auto Clinic in Southgate Business Park, testified on Thursday in the trial of Sibusiso Boya, 44, Mandilakhe Sumayela, 27, Sizanani Cibane, 37, and Nomvelo Zuma.

The four police officers had allegedly forcibly removed Boya’s vehicle from the repair shop without paying the outstanding amount.

The three men and one woman – four of the eight who arrived at Male’s workshop in five police cars, with sirens blaring and blue lights flashing – are each facing one count of robbery for the May 20 incident.

The other four officers were not charged.

The four on trial pleaded not guilty, despite Boya’s admission that he had removed the vehicle, giving the exact date, time and place of the incident, prosecutor Yuben Archary said. These admissions will be explored later in the trial.

Male told the court: “He (Boya) refused to take my calls. I would go to his two residences and he would not open the door. I made a total of 127 calls to his two phone numbers to try and collect the money owed to me.”

The initial quote for the repair of the CV joints and other work on the policeman’s VW Caravelle was a point of contention.

When the vehicle was looked at, Male said additional repairs on several “major mechanical problems” pushed the quote up to R25 000.

He apparently told Boya of this development in December 2012, but had still not received the outstanding amount.

In January, Male informed Boya that he would charge him storage fees of R300 a day.

“He told me that he could afford 120 days of storage.”

The storage from January to May 20, when the vehicle was removed, would have totalled R42 000. Male said the daily rate included 24-hour security.

The court heard that in April last year, Boya paid R5 000 towards his account.

“I informed him that I had consulted with a lawyer to help me go the legal route in recovering the funds. I informed him that we would have to sell the vehicle to cover the costs and maybe set up a payment scheme for the storage fees,” Male said.

He said on the day of the “raid”, he had been out of the workshop and had received a call from the manager of the shop, Collin Ballard.

Closed circuit television footage showed the policemen terrorising staff.

Three of the police vans are believed to be from the eManzimtoti police station and two vehicles – a BMW and a Mercedes – were traced to the uMlazi Tactical Response Team.

“He (Boya) said he would not be paying the storage fees and wanted his vehicle, with or without the keys,” Male said.

“Over the phone I told him that it was now a civil matter and not a criminal one so the cops needed to leave the premises. He said: ‘I am the SAP. I don’t care about your f****** lawyer.’”

Boya’s lawyer Sam Gargaran, said:

“My client says he paid you R6 000 in December (2012) and had an outstanding balance of R9 600. That brings the total value of the initial invoice to R15 600. Is that correct?”

Male could not confirm the the figures but said the quote changed when more problems were found with the vehicle.

He insisted the meetings had taken place in December 2012, while Gargaran said that according to Boya, the meeting had taken place in January last year.

“My client says that the vehicle, once it was taken, had to be repaired again, indicating that you had not completed repairs. He had to pay another mechanic an extra R 5 000 for these repairs,” he said.

Male said the vehicle had been standing unused for five months and the battery had probably run flat.

Gargaran said Boya had paid Male R12 000 between April and May last year, but Male could not confirm this.

Outside the court Male said he was now running his business from home.

“Nobody trusts me with their business,” he said.

“They thought I was running a chop shop.”

Daily News

The IFP has lost its position as the official opposition in KwaZulu-Natal, according to preliminary results.

Pretoria - The IFP lost its position as the official opposition in KwaZulu-Natal, according to preliminary results released on Friday.

The Inkatha Freedom Party took third place with 416 496 votes, which was 10.86 percent.

It lost out to the Democratic Alliance by 72 934 votes.

The DA became the official opposition with 489 430 votes, which was 12.76 percent.

In 2009, the IFP received 22.40 percent of the vote while the DA at the time garnered 9.15 percent.

Result capturing in the KwaZulu-Natal for the 2014 elections concluded on Friday evening.

The African National Congress retained control of the province with a strong 2 475 041 votes, which was 64.52 percent.

This was up from 2009 when it received 2 192 516 votes, which was 62.95 percent.

KwaZulu-Natal is the ANC's biggest province and the home of its president, Jacob Zuma.

Newcomers the Economic Freedom Fighters took fifth place with 70 823 (1.85 percent).

The IFP breakaway party, the National Freedom Party took fourth place with 280 425 votes (7.31 percent).

Voter turnout in the province this year was at 75.98 percent.

A total of 3 836 009 valid votes were counted.

Sapa

With 51 831 spoilt votes, Mawethu Mosery joked that the numbers were more than enough for a political party to secure a seat in the provincial legislature.

Durban -

KwaZulu-Natal had the highest number of spoilt votes.

With 51 831 spoilt votes, Independent Electoral Commission (IEC) provincial electoral officer Mawethu Mosery joked on Friday that the numbers were more than enough for a political party to secure a seat in the provincial legislature.

KZN was followed by Gauteng with 41 638 spoilt votes.

However, it wasn’t all bad news for KwaZulu-Natal as the province also had the highest voter turnout with 75.98 percent.

Meanwhile, political analyst Protas Madlala last night sent out a warning to Economic Freedom Fighters (EFF) leader Julius Malema to not rest on his laurels after the party’s resounding success in their first elections.

He said the fallen Cope and the EFF had much in common and the demise of the former should send a warning to the red berets.

“Cope started on such a high note and had all the struggle credentials… that should send a warning to the EFF,” he said.

Sell-by date

The (EFF) had nonetheless contributed to the election’s surprises by outperforming parties that had been around since 1994.

Madlala noted that in KwaZulu-Natal the elections had generally been free of violence. He said the Minority Front (MF) appeared to have reached its sell-by date and “belonged to the days of the House of Delegates and the House of Representatives”.

He said that no party would want to “lock itself into a race compartment” in the new South Africa.

“Indians rather want to be South African.”

Madlala’s sentiments were echoed by University of KZN politics lecturer Zakhele Ndlovu, who said the MF had died in 2011 with its founding leader Amichand Rajbansi.

Sthembiso Madladla, a political analyst at the Democracy Development Programme, said the reason why the IFP and the MF lost votes was that they did not have a clear message for their constituents and voters.

“The voters are saying we don’t see ourselves as Indians or Zulu or Xhosa. Voters are saying we are South African first, and the small minority parties don’t appeal to the new thinking of South Africans,” said Madlala.

He said the IFP was still regarded as a traditional Zulu party and the MF, without its late leader Rajbansi, did not stand a chance.

“The parties will gradually be faded out by voting,” said Madlala.

He said with the DA now the official opposition party in KZN, the province was joining the trend of the rest of the country and it would be an interesting period.

Independent on Saturday