01214

A SOLDIER’S PLEA sport

VVOICES
9 771016 396005
Please, Mr President, THULI MADONSELA
resign with dignity
www.citypress.co.za
They EL CLÁSICO
CLASH OF THE

tried titans
business
to stop
me V Page 9 Who is
building our
MARCH 23, 2014 R14.50 (INCL. VAT) NAMIBIA: N$14.50 ,,,,,
trains?

Nkandla:
THE FALLOUT

UNTOUCHABLE Government plans

to challenge
ZUMA’S AFRICA
1
ENFORCERS

Public Protector’s PRIDE

Day one of
report in court Mercedes-Benz
Fashion Week
was held at
the Sandton
Dissenters Convention
Centre on
fear dominant
2 block within
Jessie Duarte Thursday.
Marianne Fassler
showcased this
the party rainbow-coloured
crocheted
creation that
carried messages
such as Pride
ANC leader Gwede Mantashe
and Rainbow
says many Nation

3 believe Zuma
Page 9
PHOTO: LEON SADIKI

is a ‘king’ ON THE WEB

Want to see more Fashion Week

FULL STORY, PAGE 2 Thulas Nxesi

pics? Go to
citypress.co.za/multimedia
2 CITY PRESS, 23 MARCH, 2014

news
THULI MADONSELA: The expenditure incurred by the state in respect of the measures
taken… many of which went beyond what was reasonably required for the President’s
security, was unconscionable, excessive, and caused a misappropriation of public funds

news
read
today Untouchable
Protector’s report likely to be
Nkandla in
numbers
reviewed in high court as all
the president’s men close ranks
XOLANI MBANJWA, SABELO NDLANGISA and CARIEN DU PLESSIS
news@citypress.co.za R19.6m
P
resident Jacob Zuma looks set to get away without sanction . The cost of the safe haven, corridor
from either government or the ANC despite a damning link, walkway and exit section
Public Protector report that found he and his family “materi-

R5m
ally benefited” from the R246 million Nkandla project.
Government officials and ANC leaders insist Zuma did no
wrong and the report is likely to be reviewed in the high
court. Thuli Madonsela found that Zuma “benefited from the enormous
We put it to capital investment from the non-security installations at his private
residence”.

Roux She has ordered that the president repay a “percentage” of the costs
the state spent on non-security related installations.
But the public works department, which oversaw the project, is adamant
. New residences: security
Zuma will not be made to pay.
measures and air conditioning

voices
Public Works Minister Thulas Nxesi’s legal adviser Philip Masilo said
throughout the upgrade “no one told him [Zuma] he had to pay anything”.
He added: “One cannot expect the president to pay for the upgrades ...
Nowhere were the costs discussed with the president.”
According to him, government policy did not limit costs for the securi-
ty of sitting and former presidents.
“It is still the government’s view that the president is not going
R956 381
Tuck shop, transformer and LV room,
to pay unless someone comes and says he’s a security expert and genset (generator) room and refuse area
says these security installations were done outside the assessment,”
said Masilo.
Nkandla:
R4.2m
On Thursday, ANC secretary-general Gwede Mantashe hinted
at court action to break what they see as a stalemate because
Madonsela is not a security expert.
“If agreement cannot be reached within a short space of time,
The fallout
competent institutions of state must review the reports and make a
determination.” An aggrieved person can approach the high court for
a review of the Public Protector’s decision. . Relocation of 1.5 households –
Yesterday evening, Madonsela said she would welcome a court challenge. Moneymine 310 CC
“If anybody took me to court for a review, I would be very happy because
I know that no court of law would find otherwise,” she said. “I would really

R17.5m
welcome that review because the court would confirm my findings.” DODGING BULLETS Jacob Zuma seen walking to
The party is swatting away a mega-impact to its election campaign in Parliament in 2005 PHOTO: ESA ALEXANDER
the wake of the report’s release.
An ANC national executive committee (NEC) member said ment investigations, which absolved Zuma of blame. “We
Talking they were unconcerned about any fallout before the elections,
saying: “We are not worried at all. We are just doing our work.”
don’t need the president to explain himself. He never asked
for upgrades,” he said. . The cost of residential staff housing
manifestos Another NEC member said the report was likely to have
more impact among middle class voters than their core
A Gauteng ANC leader said those who wanted a tougher
line against Zuma were wary of party power “dynamics”.
(40 units) and laundry facility

working class constituency. “You can’t just shout without numbers ... For example, the
The ANC maintains no public money was spent on Zuma They say Zuma is SG [secretary-general] does not condone or agree with how

on the web
www.citypress.co.za
in the Nkandla upgrade and each province is sticking to this
line. The party is directing the blame to the civil service and
will insist during elections that nothing was spent on Zuma’s
comfort.
our president ... we
see him as our
things are, but he is alive to the numbers’ game and had to
be politically astute in navigating the ship through these trying
times.”
Mantashe was previously reprimanded for voicing strong
R571 278
Booster pump station and
Mantashe told journalists that Madonsela and the intermin- views on the Guptas’ Air Force Base Waterkloof plane landing
isterial task team had come to the same conclusion that king. In the African scandal.
steel reservoir tank
ALL THAT “the state has not spent any money on the dwellings of the Reacting to calls by former MK operative Marion Sparg for
JAZZ: Follow president in Nkandla”. tradition, a king Zuma to resign (see Page 33), ANC veteran Frene Ginwala

R68m
our coverage Working class people treat a president like a king, according said only ANC branches could decide that.
of the Cape to North West ANC provincial chairman Supra Mahumapelo, must always be Long-term ANC member Vusi Pikoli said the report
Town jazz fest adding that ordinary people were not interested in would affect voting decisions as party’s support base was
this week at Madonsela’s report. respected much bigger than its membership. “What is likely to happen
www.city- “They say Zuma is our president ... we see him as our king. is that the ANC will stick with Zuma,” he said.
press.co.za In the African tradition, a king must always be respected and Sandi Sijake, the leader of the ANC veterans association said
SUPRA MAHUMAPELO
embraced by everybody, regardless.”
Umkhonto weSizwe (MK) Military Veterans Association
it was worrisome that the country “hero-worshipped people
who do wrong”. But action against Zuma was unlikely, he said. . General site work
SPECIAL leader Kebby Maphatsoe said they had accepted the findings of the govern- “It’s un-South African and un-ANC to say he must resign,” he said.
REPORT:

R2.9m
NKANDLA
Everything
worth knowing
about
Nkandlagate:
citypress.co.za/
SIU puts Nkandla corruption in its cross hairs
special-reports/nkandla-3 XOLANI MBANJWA Prosecuting Authority to follow its Soni said the unit was not . Fire pool and parking
xolani.mbanjwa@citypress.co.za recommendations on action to be precluded from investigating
taken against contractors and ministers and directors-general.

R11.9m
Press Council Government officials and private government officials found to have He appointed a team to oversee
City Press subscribes to the South African contractors implicated in the broken the law in the R246 million the work being done by investigators
Press Code that prescribes news that is
truthful, accurate, fair and balanced. If we Nkandla scandal will face Nkandla saga. to ensure checks and balances were
don’t live up to the Code please contact disciplinary hearings and civil and Soni said the investigation would in place.
the Press Ombudsman: criminal charges within the next have been wrapped up by the end Madonsela has welcomed the
. 011 484 3618 (phone)
three months. of April, but they had to revise probe because the unit was able to
. 011 484 3619 (fax)
. pressombudsman@ombudsman.org.za Special Investigating Unit (SIU) their deadlines to consider Public investigate the bank and cellphone
. Clinic and SAPS garage
. www.presscouncil.org.za for Code. head Advocate Vas Soni told City Protector Thuli Madonsela’s findings records of all those implicated “to
The council’s constitution, Code and
Press the unit’s investigations into and see if there was anything or establish if there are any

R807 782
Complaints Procedures can be downloaded
from the Press Council’s website, corruption and maladministration anybody else they needed to questionable relationships” between
www.presscouncil.org.za or may be regarding the Nkandla security investigate. government officials and contractors.
requested in writing from the Press upgrades were already at an ON THE WARPATH The unit began its investigation in Madonsela said the investigation
Ombudsman’s office. City Press readers
can send comments or suggestions to advanced stage. Advocate Vas Soni, head of the December last year after President would follow the money and “look
millicentg@ombudsman.org.za
(Fax) 011 484-3619.
Soni said they expected the
government and the National
Special Investigating Unit Jacob Zuma signed a proclamation
authorising it.
deeper” into areas of “criminality”,
which her probe couldn’t do.
Sewer pump station

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CITY PRESS,23 MARCH, 2014 3

news Coco Chanel: Fashion fades.

Only style remains the same

Gift
Charlize,
Sean get
serious
of the gab, Candice! BIÉNNE HUISMAN
bienne.huisman@citypress.co.za

Charlize Theron’s locally made

Model says it was her engaging personality film, Mad Max: Fury Road, will
only hit screens in May 2015.
The fourth instalment in the
that impressed her mysterious Arab admirers dystopian Mad Max movie
franchise will see Theron starring
as Imperator Furiosa, dressed in
leather and chasing around barren
BIÉNNE HUISMAN In court documents it’s revealed that $15.3 million wastelands on a quest for revenge.
bienne.huisman@citypress.co.za was transferred from the Bank Med Sal in Lebanon to But back at home in Los
Candice-Jean’s local Standard Bank account by a Angeles, the 38-year-old Benoni-

T
he Western Cape High Court has rubbished a “Muhamad Muhamad Nazih Rawas” on May 16. But the bucks born beauty appears madly in love
bikini model’s claim that her “engaging person- didn’t stop there. with her new boyfriend, 53-year-
ality” scored her a host of luxury gifts. Later that month Candice-Jean was contacted by the V&A old actor Sean Penn.
The gifts included $15.3 million (R164 million) Waterfront’s Audi dealership, which presented her with a They were first spotted together
in cash, luxury cars and cellphones – all from Audi R8 Spyder: R2 million Audi R8 Spyder. This, she was informed, was a gift. in early January in Hawaii and
mysterious Arab admirers – last year. The next month a R660 000 Land Rover Evoque registered have since become a regular
The SA Revenue Service (Sars) asked the Western Cape High in her name arrived. The respective heads of the Cape Town sighting with Theron’s adopted
Court for permission to look into the mysterious “gifts” 21-year- luxury car dealerships said the vehicles were paid for in cash toddler son, Jackson, in tow.
old Candice-Jean van der Merwe claimed she received from un- following email correspondence with a “Georges Moussalli”. They even turned heads
named admirers she met on modelling trips in the Seychelles. At the same time, two cellphones were also couriered to her kissing furiously at a
But this week, the court dismissed her claims as “far-fetched FresnayepropertyontheslopesofSignalHill,whichshebought star-studded Oscar
and implausible”. for R110 million last year. afterparty hosted by
Sars’realtargetisher52-year-oldfather,GaryvanderMerwe, In court papers the 1.74m honey blonde attempts to shed Penn’s ex-wife,
who the now-defunct Scorpions described in 2004 as “one of Range Rover Evoque light on the flurry of gifts. Madonna.
the most sought-after, high-flyer criminals in Cape Town”. The model explains that through her agency, Ice Sinead
Acting Judge Kate Savage delivered the judgment last month, Model Management, she was first booked to travel Brennan, who
dismissing Gary’s attempts to quash a Sars inquest, and freezing to the exclusive Plantation Club resort on Mahé describes
his assets and those of various of his companies and relatives. Island in the Seychelles two years ago. herself as a
New court papers leaked to City Press detail an extraordinary She said the private resort is owned and “personal
plot reminiscent of a James Bond novel. frequented by some of the richest people in the shopper and
They detail Gary’s first arrest at Cape Town International world, for whom privacy is paramount and stylist”, posted a
Airport in July 2004, when authorities seized R1.2 million in Sars claims Gary “money is no object”. picture of the
cash, which he was shipping to Las Palmas, the capital of the In court papers, Candice-Jean notes that, pair on Twitter.
Canary Islands, in a suitcase. has dodged R291m during her first trip to the Plantation Club Penn is pulling
At the time, Gary insisted that the money was “sourced from resort in October 2012, she “got on very well” faces at three-year-
the sale of property, gambling winnings, redemption at a casino in taxes over the with those she met there. She says she old Jackson, who is
and his children’s savings account”. suspected it was because of her healthy seated in a shopping
Called for comment this week, Gary, who lives in the historic years, including lifestyle and what she has been told is her trolley.
Zonnekus mansion in Milnerton, Cape Town, refused to say “very engaging personality”. “A cooler couple you could
whether his latest enterprise, Swaziland-based Executive R72.6m owed by Her arguments were wholeheartedly Charlize not find ... Sean Penn & Charlize
Helicopters, is open for business. dismissed by the judge. Theron, Theron two of my all time favorite
The company’s website says it offers heritage helicopter flips Executive “The probabilities that a young model Sean people...” wrote Brennan.
over Swaziland and boasts an impressive fleet including a 30- would, following a few short visits to a resort Penn and Meanwhile, the Daily Mail
passenger capacity Super Frelon formerly used by the South Helicopters alone in the Seychelles, enjoy the serial generosity Jackson reported that aerial photographs of
African air force. of a donor or benefactor on an unparalleled Theron at Penn’s Malibu home reveal that
Sars claims Gary has dodged R291 million in taxes over the scale, I find to be far-fetched and implausible,” a grocery baby-proofing measures had been
years, including R72.6 million owed by Executive Helicopters said Savage. store undertaken at the property.
alone. In May last year, the Financial Intelligence Centre again Sars spokesperson Adrian Lackay said the PHOTO: Snaps show that a new fence
brought suspicious transactions by Gary – particularly his investigation into Gary’s affairs would go ahead INSIGHT was installed around the swimming
daughter’s “gifts” – to Sars’ attention. this month. Candice-Jean NEWS pool and a trampoline has been
van der Merwe placed in the back yard – fuelling
speculation that Theron and
Jackson might be moving in.

Mourning period for Mandelas comes to an end

LUBABALO NGCUKANA
lubabalo.ngcukana@citypress.co.za
The family of former president Nelson Mandela gathered at
his ancestral home in Qunu yesterday for a traditional ritual
to mark the end of their mourning period.
Qunu chief Nokwanele Balizulu, who lives opposite the
Mandelas’ house, said the ritual, called ukutshisa amaqhosha,
or the burning of the mourning ribbons, was attended by “all
members of the family”, including Madiba’s widow, Graça
Machel; his former wife, Winnie Madikizela-Mandela; his
eldest daughter, Makaziwe; his eldest grandson, Mandla; and
the rest of the grandchildren.
Yesterday, City Press saw Mandla Mandela entering the
Mad Max Fury Road was filmed
in Swakopmund in Namibia and in
Cape Town in 2012. At the time,
Theron was seen cuddling baby
Jackson between shoots at the
Qunu homestead early in the morning. as a symbol of mourning. After the mourning period is over seaside town.
At around midday, his third wife, Mbalenhle Makhathini, for a wife, another similar ceremony will take place, where She also stopped by at
and his mother, Nolusapho, accompanied by three other those dark clothes will be taken off. Swakopmunder Apotheke to stock
unidentified people, visited Madiba’s grave. “The wife will then be cleansed,” said Balizulu. up on vitamins, shampoo, Nivea
The ceremony follows infighting in the family before and Yesterday’s ceremony was overseen by the family elders, facial cream and lemon grass-
shortly after Madiba’s death in December. who received the mourning ribbons of the family and burned infused Radox shower gel.
Chief Balizulu, who also attended the ceremony, said after them.“This is a celebratory event for the family. The entire “It was quite strange,” said
the formalities family, friends and all people from around the family has come together to say to tata, they have mourned Melvoureen Cloete, who works at
village then feasted on the meat of the cow and sheep that him with dignity and now it is time for them to move on and the pharmacy.
were slaughtered, and drank the traditional beer, which carry on with their lives.” “She skipped the fancy,
marked the end of the ceremony. Machel, however, will This is not the first family ritual to be undertaken by the expensive counters and bought
continue to mourn because a widow’s mourning period lasts Mandelas following the global icon’s death. A week after his Nivea make-up remover and just
for between six months and a year. burial, they conducted ukuhlamba ipeki, or washing of the ordinary shampoo. She was very,
Graça Machel “During this period, she is required to wear black clothes spades, where tools used to dig the grave were cleaned. very friendly.”
4 CITY PRESS, 23 MARCH, 2014

news Ayn Rand: A building has integrity

just like a man. And just as seldom

STATE OF ILL HEALTH President Jacob Zuma’s home in KwaNxamalala, Nkandla. The clinic is located in the circled area PHOTO: KHAYA NGWENYA

A tale of two clinics

SABELO NSELE and ERIKA GIBSON
news@citypress.co.za
Nkandla, Ramlakan said there was a separate access
route to the clinic which would allow for it to be used The clinics paid to do the work at Nkandla, it is unbelievable to
see the real state of the buildings,” he said.
mentally disabled,” said a friend of hers who asked
not to be named. “The after-effects were scary. You
by the community. The area’s two hospitals at Nkandla and Eshowe, should have seen her. She lost weight and started
near Nkandla
T
he people of Nkandla often talk about But Madonsela’s report reveals the clinic was never and the 11 clinics serving a population of more than fainting repeatedly.”
Mjumpu Gcaba and her husband James. intended for public use. A high-ranking military 100 000 people were deemed insufficient for Zuma’s Bhengu said it was not the first time patients had
Their pregnant daughter went into
labour and, because there was no nurse
on duty at the KwaNxamalala clinic,
source, who spoke on condition of anonymity this
week, agreed.
“A real clinic would be the responsibility of the
were deemed needs.
The interministerial task team report on Nkandla
said: “The facilities are too far away and unable to
been incorrectly treated there.
“They once gave my uncle the wrong injection. He
was totally out of it for a couple of months.”
they had to go elsewhere for help to
deliver the baby.
But they never made it – they all died in a car
national department of health but it is clear this clinic
was planned from the beginning to be for the sole
and only use of the [homestead’s] residents.”
insufficient meet the standards or the nature of healthcare
required for the president and his household.
“At the time, the nearest facility with the required
Not far from Zuma’s home is the crowded
KwaNxamalala clinic, which has to cope with a large
influx of patients from surrounding villages.
accident on the way.
The people of Nkandla spoke of the Gcabas again
Zuma, who spends most weekends at Nkandla, is
treated by the presidential medical team from the SA
for the standard was two hours away in Durban.”
Residents from deep rural Nkandla complain most
“You should see the queues of sick people who
have to wait for hours to get attention,” said local
this week after Public Protector Thuli Madonsela
revealed the clinic the state built for the personal
use of President Jacob Zuma and his family cost
National Defence Force’s medical health services and
has a doctor on call around the clock.
But City Press has reliably learnt Zuma cannot use
president’s of their clinics are poorly equipped and understaffed,
providing dismal healthcare.
Mfundo Bhengu, an unemployed graduate student
Ntezani Thusi.
Thusi and others complain that the provincial
ambulance service seldom respond to calls from
R11.9 million.
The Gcabas died in 2009, the same year then
surgeon-general Lieutenant-General Vejay Ramlakan
the clinic at his Nkandla homestead either because it
has not been fitted with any equipment, and the
badly constructed building is falling apart.
needs, so he in the area, told of a protest in Nkandla last year in
which residents threatened to burn down the local
Manyane clinic.
people in Nkandla.
“If they do ever arrive, it is mostly too late,” he
said.
became involved in the Nkandla project and mooted
the inclusion of a clinic into the design.
A senior military source said the clinic itself “is
nothing but a shell” and in a bad state of repair.
built one for This was after a woman known as Ma Sibiya
experienced fainting spells and weight loss after
In emergencies, most people hire cars from
wealthier villagers to take them to hospital.
In January, when Public Works Minister Thulas
Nxesi released the interministerial task team report on
“It is a sad state of affairs of a project that went
horribly wrong. If you consider the amount of money his family collecting her blood pressure medication.
“The medicine they gave her is meant for the
“Some car owners charge as much as R1 000 a trip
and sometimes double that if it’s during the night.”

Get Family FuneralPlan with cover of up to Who is Minenhle Makhanya?

R50 000 from just R2,43 per day. PADDY HARPER
and JEANNE VAN DER MERWE
news@citypress.co.za
Plus you get:
A month after President Jacob Zuma’s
s Up to R2 000 per month for 12 months May 2009 inauguration, his personal
architect, Minenhle Makhanya, bought
grocery benefit for your family a pig farm in the lush green hills around
Richmond, KwaZulu-Natal.
s Emergency ambulance service Two months later, Makhanya, whom
Zuma had retained to design extensions
free of charge to his Nxamalala homestead, was
appointed de factor project manager by
s 10% – 40% pre-negotiated discounts the department of public works after
being introduced to the government
from a list of doctors, optometrists construction team by the first citizen.
His farm, Meseni, situated in a
and dentists forested section of the Richmond Valley
off the road to Ixopo, appears to be
s Up to R200 airtime benefit where Makhanya invested some of the
cool R16 million he received for manag-
s And much much more ing the project.
The farm is owned by one of Makhan-
ya’s companies, Ntsimizi Farming Serv-
Get the funeral plan that gives ices, which lists four other directors.
The design of the farmhouse echoes
you more. SMS BENEFIT to 31492.
that of Zuma’s homestead.
Public Protector Thuli Madonsela’s
Standard SMS rates apply. Nkandla report holds Makhanya, who
Free and bundled SMS’s do not apply did not have to compete for any tender,
largely responsible for the project’s
ballooning costs.
When asked about the cattle culvert
and the chicken run during Madonsela’s
inspection of the place, Makhanya told
her: “This is how they do it in England.”
This week, Makhanya went to
ground, vanishing from his farm as
well as his down-at-heel Pinetown home
and nearby offices. Neighbours at all
three said Makhanya had not been
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seen all week.
How Zuma met Makhanya is a
mystery. He is unknown in ANC circles,
but is understood to come from the
Kranskop area and have Zuma family
connections.
Makhanya’s farm gate is topped with
statues of the Virgin Mary and an
imperial Roman eagle. A steep, rutted
driveway leads down the hillside to the
homestead – like Zuma’s, a main build-
ing flanked by a cluster of rondavels. The
colour scheme and design match his
client’s hacienda.
A R1 million, three-tower central pivot
irrigation system waters Makhanya’s cit-
FOREST FARM rus and cabbage crops in a nearby field.
The Meseni Locals say he is the only one in the area
farm in who owns the costly machinery.
Richmond A woman at the farm, who de-
owned by clined to be identified, said Ma-
Minenhle khanya was at a function in
Makhanya Umbumbulu, south of
(right) Durban, but would be avail-
PHOTO: able on his cellphone.
A neighbour, who asked
KHAYA
NGWENYA not to be named, said Ma-
khanya “is a very quiet,
down-to-earth kind of guy”.
“He’s not here a lot of the
time, but he seems to be try-
ing really hard [to make the
farm succeed]. He had some
problems with his cattle starving
last winter.”
Another neighbour described him as
“very pleasant”.
Neither knew much about the archi-
tect, who ran his previous practice, DGIT
Architects and DGIT Architecture, with
partner Ndabo Langa, son of late chief
justice Pius Langa.
“We heard that he was the Nkandla
guy. There is nothing to suggest it in the
way he lives. He’s a very ordinary kind
of person with no flashy lifestyle,” one
said.
A Langa family member was unwilling
to discuss the partnership, but said it
ended over a decade ago.
At Makhanya’s more modest Sarnia,
Pinetown, office and home, neighbours
described an almost invisible man who
is “not around very often”.
“He’s a very quiet guy, very easy-
going,’’ said a local shopkeeper. “Are you
sure that’s the same guy?”
Pappie Maja, spokesperson for the SA
Council for the Architectural Profes-
sion, said Makhanya was registered with
them since 1997 when he began as a
candidate architect.
He was upgraded to a professional
architect the following year after
passing his professional practice
examination.
Repeated attempts to speak to
Makhanya this week proved fruitless.
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6 CITY PRESS, 23 MARCH, 2014

news Johnny Depp: I hate fame. I’ve

done everything I can to avoid it

We put it to Roux
DEBORA PATTA
news@citypress.co.za

I
f Barry Roux had his way, he
would be as far away from
Pretoria and the Oscar Pisto-
rius murder trial as possible –
preferably somewhere like
Kleinmond, outside Cape
Town, where he goes for regular

Oscar Pistorius’ defence advocate, Barry Roux, is a reluctant celebrity

breaks. There, he hides from the
world, gazing out to sea from his patio
while sipping a glass of fine red wine.
It’s been a rough few weeks for a

Bathroom bullet hell

man who hates the limelight. The
public may be enamoured with Roux, WHY IT MATTERS - ANALYSIS with Saayman’s evidence that Reeva’s hip injury
but they could not have chosen a Michelle Burger testifies that she hears a gunshot, could have seen her screaming after the first shot,
more reluctant celebrity. He is utterly followed by a pause, and then another gunshot. notifying Pistorius about her presence in the
mortified by all the attention. Captain Chris Mangena, a police ballistics expert, on Wednesday took to the witness stand to This is consistent with Mangena’s testimony bathroom
Last week, he was stalked by a reconstruct how Reeva Steenkamp died. Charl du Plessis looks at the state’s version of events because there would have had to be sufficient time The state argues that Steenkamp was facing the
woman begging for his autograph. for Steenkamp to fall down and raise her arms to door head-on when she was shot, an unnatural
Roux tried to ignore her, but when he her head before the third and fourth bullets were position for someone leaving the toilet. Pistorius’
realised she was persistently following fired lawyer Barry Roux says defence experts will
him, he told her to walk with him so Both Burger and her husband testified to hearing dispute this, arguing she was hit with her right side
as not to draw any attention. screaming after the first shot. This is consistent towards the toilet door, as if leaving the bathroom
Although he is embarrassed by the
very idea of signing autographs, he
eventually obliged because he felt
bad when she told him she’d taken a
whole day off work just to come and
meet him.
His celebrity status has gone viral. B B
A parody Twitter account @Barry- CD A CD
A
RouxLaw has been set up in his name.
One of his funnier tweets followed
Colonel Schoombie van Rensburg’s
astonishing admission last week that
he was horrified when he saw forensic
officers handle the gun Pistorius used
to shoot Reeva Steenkamp without
gloves.
“No glove, no courtroom love,”
tweeted the fake Barry Roux.
The Twitter Roux has also ventured
beyond the courtroom drama to offer
his opinion on Public Protector Thuli
Madonsela’s damning Nkandla report. The first bullet penetrates the door at A and strikes Steenkamp collapses into a sitting position on a The third and fourth bullets penetrate the door at C and D, Mangena says Reeva then slumps over on to the toilet,
“In exchange for defending him, Mr Reeva Steenkamp in the waist. The projectile is unstable magazine rack next to the toilet. Saayman testifies that respectively. These bullets strike Steenkamp in the arm with her head on the toilet bowl. Police blood-splatter
Zuma has promised that I can use his as a result of having hitting door first. The bullet hits Steenkamp would still have been conscious after this and head, respectively. Mangena testifies that Steenkamp analyst Ian van der Nest testifies that small fragments of
fire pool whenever I want,” he offered Steenkamp’s hipbone and fragments. Pathologist Gert wound. The second bullet penetrates the door at B. was in a 'defensive position' at this time, with her arms particulate tissue, broken hair and blood underneath the
helpfully. Saayman testified this 'very painful wound' would have This shot misses Steenkamp. It hits the walls of the crossed protectively above her head. The bullet that hits toilet show that Steenkamp suffered a significant injury
So great is Roux’s celebrity status, caused an immediate loss of stability bathroom twice and fragments. The fragments hit her upper arm is 'particularly devastating', fracturing and near the toilet. Van der Nest says the blood on the toilet
it has spawned a new South
Steenkamp in the back. The fragments have expended shattering the bone with enough force to extrude seat and in the bowl came from her head, while blood on
most of their energy by this stage and cause only bruises fragments of bone and tissue on to her vest. Saayman the floor came from her arm injury
African lexicon. Phrases include
on Steenkamp’s back before falling to the floor, testifies that the shot to her head, which fractured her
“You’ve been Rouxed” or “Don’t do
underneath the magazine rack skull, would have been 'almost instantly fatal'. All of the
a Barry Roux on me” and trial
watchers have their favourite Barry bullets that hit the door mobilised splinters, which caused
Roux joke that plays on his ability to superficial wounds COBUS PRINSLOO, Graphics24
twist what a witness says.
One of those is from South Africa’s that mean anything other than what “Help me understand …” (You are Barry Roux, who doesn’t know how Highveld Stereo and, according to down Madiba Street in Pretoria. He But if Pistorius takes the stand soon,
most famous puppet, Chester Missing: he actually says: talking rubbish). to access Twitter and has never seen those close to him, found it hilarious escapes into a nearby coffee shop and as is widely expected, the tables could
“Barry Roux says Pres Zuma isn’t a “I put it to you …” (You are lying). “Let me help you ...” (Let me throw his satirical alter ego online. – though he says it’s not that flattering. orders his regular treat – a frullato turn and it will be state prosecutor
tsunami, he’s a cricket bat.” “Would you be so kind ...” (Watch you under a bus). But he has listened to the rap song After court each day, he is mobbed (fruit juice mixed with ice cream), Gerrie Nel’s turn to display his cross-
Here are some popular Rouxisms out I am going to deliver a killer blow). But this is all a little beyond the real created by Joburg radio station 94.7 by adoring fans, and was once chased which helps him cool down. examination style.

Oscar is broke
DEBORA PATTA reported that his legal team, which
news@citypress.co.za includes Advocate Barry Roux, junior
Advocate Kenny Oldwage and Webber,
Bidding opened this weekend for Oscar costs him R100 000 a day.
Pistorius’ house. He has also hired forensic experts, one
• our Investment • our Health His estate agent, Ansie Louw – the wife last for only three weeks. highest-paid track and field athlete. of whom is from the US.
• our Future of Pistorius’ longtime coach, Ampie Webber told City Press that Pistorius Even before the Olympics, business Afrikaans daily Beeld reported on
Louw – has the sole mandate to sell the currently had “no source of income” and and marketing firms had estimated his Friday that Pistorius’ legal team could
property. that the Paralympian was footing the bill annual earnings to be more than have already cost him more than R1 mil-
Louw told City Press yesterday that for his legal costs. R20 million. lion for the 13 days his trial has lasted.
South African Police bidding had opened on the house in After he competed in the Olympic But Pistorius has not competed The paper based its calculations on
Service Medical Scheme Notice of Polmed which Pistorius shot and killed his
girlfriend, Reeva Steenkamp, but
Games in London in 2012, City Press
reported that Pistorius was the country’s
professionally since 2012 and his lawyers
don’t come cheap. The UK’s Channel 4
Roux’s daily rate of R35 000, Oldwage’s
R24 000 a day and Webber’s costs of
(POLMED) Board of Trustees’ Election declined to reveal how many bids she
had received so far.
R20 000 a day.
Louw told Beeld that his home could
“The bidding process is now opened, LEGAL EAGLES not be sold the traditional way.
Notice is hereby issued for the process of electing one Continuation Members’ Representative and one Serving Members’ Representative to
the Polmed Board of Trustees. The registered rules of Polmed direct that members’ representatives must be elected by means of democratic
and transparent secret ballot process. The election process is conducted over three phases as briefly outlined below:
but I cannot comment until we have
closed it, which will be on March 31.” SA’s most expensive advocates “You can just imagine how curious
people would flock to the house and
Pistorius has been forced to sell his distribute photographs of it,” she said.
Candidate Nomination Phase be made available to all Polmed members through normal postal mail
soon after the completion of the candidate nomination phase. The
house after racking up a small fortune South Africa’s most senior advocates are making a handsome living. Last “I expect that we will eventually
in legal fees since his trial began on year, City Press reported that some were earning R45 000 a day, but probably draw more foreign buyers,
The first phase of the election process is the candidate nomination same information will also be available on the Polmed website and
obtainable from the Office of the Returning Officer. March 3. recent reports show that for others, the daily rate can be set as high as people who buy with a view to invest.”
phase. During this phase, Polmed members will have an opportunity
to submit names of suitable persons who must be willing, and As his lucrative endorsement deals R60 000. During his bail application, Pistorius
eligible, to stand as candidates for election as Continuation Members’ AGM Voting Phase with luxury sports brands Nike and But this depends on the complexity of the case and the identity of the had his house valued at R5 million, but
Representatives and Serving Members’ Representatives. Oakley came to an abrupt end after the accused. it remains to be seen whether it would
The third phase of the election process is the AGM voting
Nominations must reach the Returning Officer on or before 17:00 shooting on Valentine’s Day last year, his Some of the country’s priciest legal minds include: sell for that.
phase. Voting during this phase will take place on the 17th of
on the 5th of May 2014. The Nomination Forms, as well as detailed July 2014 at the Polmed Annual General Meeting (AGM) to be held lawyers announced in a statement on . Advocate Kemp J Kemp, who represented President Jacob Zuma His lawyers say they want to wrap up
procedures pertaining to the nomination of candidates are contained at Pietermaritzburg. Further details regarding the AGM will follow. Thursday that he has to sell his home. during his rape trial and his corruption case in the mid-2000s, and the sale as quickly as possible. They also
in the Nomination Information Booklet that has been dispatched His lawyer Brian Webber said: “It has reportedly charged between R24 000 and R36 000 a day at the time; say he cannot face living in the home
through postal mail to all Polmed members. The same documents are
obtainable on the Polmed website on www.polmed.co.za or from the Further enquiries become necessary to sell Mr Pistorius’ . Senior Advocate Ajay Sooklal, who also represented Zuma as well as where he killed his girlfriend.
Returning Officer by fax on 086 743 4192 or e-mail at home in the Silver Woods Country his former financial adviser, Schabir Shaik, charged between R18 000 and Pistorius was going to keep the house
The election process is independently managed by the Elexions
polmed@elexionsagency.co.za Agency. Detailed information pertaining to the election process is
Estate in Pretoria in order for him to raise R33 000 a day when he represented arms company Thales SA in 2006; sealed until after the trial, but his
available on the Polmed website: the necessary funds to cover his . Advocate Ishmael Semenya (SC) and Frank Mathibedi (SC), who financial woes have forced him to sell.
Pre-AGM Voting Phase www.polmed.co.za increasing legal costs. represent the police at the Farlam commission of inquiry into the shooting “Due to the delay in finalising the
All enquiries pertaining to the election process must
“This is due to the unexpected of miners in Marikana, are reportedly paid in the region of R30 000 a trial, the decision to urgently dispose of
The second phase of the election process is the Pre-AGM voting
phase. Voting during this phase will take place on the 8th of July be directed to Ms Pulane Moraladi for the attention extension of the trial beyond the initial day; and his single biggest asset had to be made,”
2014 at all Cluster Police Stations, SAPS National and Provincial of the Returning Officer on (011) 027 3463/3464, three-week period for which it was . Economic Freedom Fighters Gauteng premier candidate Advocate Dali his lawyers said.
Headquarters, SAPS Colleges and Academies. A Voting Information or fax to: 086 743 4192 or by e-mail: originally set down.” Mpofu, who represents the miners before the Farlam commission, is being Pistorius is currently living with his
Booklet containing detailed information on the Pre-AGM voting phase, polmed@elexionsagency.co.za
But nobody – including Pistorius’ paid R15 000 day by Legal Aid SA. uncle Arnold Pistorius on his estate in
including the names of candidates, voting stations and procedures will
defence team – expected the trial to Pretoria.
www.ayandambanga.co.za 117279
CITY PRESS,23 MARCH, 2014 7

news Winston Churchill: In wartime, truth is so precious that

she should always be attended by a bodyguard of lies

Seta bosses CARNIVAL OF COLOUR

on the take
Foreign trips, varsity fees for staff members’ children
and abuse of power come to light in explosive audit

R10m
ATHANDIWE SABA
athandiwe.saba@citypress.co.za

S
chool trips to Italy, a missing
R10 million and university fees
for board members’ children
– all from the taxpayers’ pocket.
This is what has allegedly
been happening at the Culture,
Arts, Tourism, Hospitality and Sport Sector
. The amount that disappeared due to an unspecified Africa Cup of
Education and Training Authority (Cathsseta),
a body established to provide training and
skills development for people wanting to work
in these industries.
An internal audit draft report by audit
firm Grant Thornton also contains accu-
sations of abuse of power and nepotism
against Cathsseta CEO Mike Tsotetsi.
The report found that:
. A former employee, a chartered
accountant whose name is known to
City Press, asked Cathsseta to sponsor a
school trip to Italy for “three disadvan-
taged children” – but one of the children
turned out to be hers. Tsotetsi signed off
on the sponsorship;
. An unspecified Africa Cup of Nations
project the organisation was involved
in led to the disappearance of
R10 million; and
. Tsotetsi allegedly promoted an
employee, whose name is known to
City Press, from secretary to chamber
manager without her having the proper
qualifications. She simply copied someone
else’s CV without that person’s name
Nations project the organisation was involved in
report to the board of Cathsseta,” he signed off by Tsotetsi. The report states Tsotetsi
informed City Press via email. said he was unaware of the financial support
“As far as the board is concerned, given to Maqhakeni’s children.
Grant Thornton is still engaged in And Maqhakeni denies the children are his.
conducting the investigation, and the “These are underprivileged children I helped
board is cooperating fully and assisting get bursaries for and I have submitted this to
the investigation process. the CEO to give to the audit team.”
“As soon as the Grant Thornton in- The report’s recommendations include disci-
vestigation has been finalised, the board plinary action against “officials who appointed COLOURFUL CROWD Capetonians let their hair down during the We Are One Colour
will consider and decide on any appropri- staff without following recruitment processes”, Festival in central Cape Town on Human Rights Day PHOTO: DENVOR DEWEE
ate action to be taken based on the outcome as well as processes to be instituted against
of the investigation. That being the case, it is officials responsible for irregular expenditure.
not correct for myself and the board to
comment on an ongoing investigation.”
Tsotetsi failed to respond to all of
the questions sent to him.
But at least two board members
who spoke on condition of anonymity
said the report was sent to them
and the board was still discussing it.
“The report was supposed to have
been tabled before the board, but board
members who were implicated didn’t want

u p
at the top but was promoted anyway. Mike Tsotetsi it to be tabled and wanted the audit team to

of
It was these allegations against the secretary start over,” said one.

te
that brought the drama at Cathsseta out into Several board members have been

ra
the open. Employees sent an anonymous email implicated.

about these events to Higher Education
Minister Blade Nzimande late last year.
Although the higher education department
did not respond to requests for comment, City
Press understands a meeting between Cathsse-
To p
The report says a child of a board member,
a Mr Maqhakeni, received more than R200 000
for three years of studies at the Nelson Mandela
Metropolitan University in Port Elizabeth in
2012.

a.*
ta bosses and the department has been set for It also found the child of another board

p .
April 1 to discuss the Grant Thornton report. member received nearly R70 000 for tuition

%
But Tsotetsi said Cathsseta had never re- and residence fees at the University of Pretoria.

12
ceived the report. “The board mandated Grant City Press was unable to contact that board

to
Thornton to conduct an investigation into the member for comment.
anonymous email. Grant Thornton has, at no But neither board member declared their
stage, released the draft ad hoc internal audit interests when the bursaries were awarded and

aranteed
apital gu
THE ECONOMIC DEVELOPMENT PORTFOLIO COMMITTEE OF THE GAUTENG
C
LEGISLATURE INVITES YOU TO MAKE WRITTEN SUBMISSIONS ON THE
FOLLOWING: MINERAL AND PETROLEUM RESOURCES DEVELOPMENT SharePlus
AMENDMENT BILL [B15B-2013] is back
offering
The Gauteng Legislature’s Portfolio Committee on Economic Development, led by the Honourable Siphiwe
Mafika Mgcina invites you to make written submissions on the Minerals and Petroleum Resources
maximum
Development Amendment Bill [B15B-2013]. The Bills seeks to amend the Mineral and Petroleum Resources returns!
Development Act, 2002, as amended by the Mineral and Petroleum Resources Development Act, 2008 (Act
No.49 of 2008); so as to remove ambiguities that exist within the Act; to provide for the regulation of associated
minerals, partitioning of rights and enhance provisions relating to the regulation of the mining industry through
beneficiation of minerals or mineral products; to promote national energy security; to streamline administrative
Invest as little as R25 000 for 12 months
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enhanced sanctions; to improve the regulatory system; and to provide for matters connected therewith.
Limited offer until 28 March 2014.
In essence, the modifications proposed in this Bill have reference to the following issues:

• To streamline administrative processes to ensure proper alignment with NEMA and the National Water Act in
SMS ‘SharePlus’ to 31645 and we’ll call you back.
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• To augment and substantially increase of the socio-economic development impact through mining.
Standard SMS rates apply. Free and bundled SMS’s do not apply. Visit
• To make provision for an application process by invitation.
• To provide for the implementation of the beneficiation strategy. www.standardbank.co.za/savings for more information.
• To provide for the State’s active participation in the exploitation of petroleum resources.
• To make provision for certain minerals to be declared strategic to guarantee amongst others security of energy
supply.
• To enhance provisions relating to the regulation and implementation of Social and Labour Plans.
• To provide for partitioning of rights and enhanced sanctions.

Copies of the Bill are available at the Visitor’s Desk of the Gauteng Provincial Legislature, corner of President and
City Hall Street, (formerly Loveday Street), Johannesburg 2000. Furthermore, interested parties can visit: R E W A R D S

www.dmr.gov.za to obtain a copy of the Bill.

Written submissions should be directed to Mr Thabo Skosana, Senior Committee Coordinator, on the
following e-mail: tskosana@gpl.gov.za or on 011 498 6840, Cell: 082 967 7478. Alternatively submissions * Rate linked to the positive performance of the FTSE/JSE Top 40 index.
can be hand-delivered at the Visitors Desk Gauteng Provincial Legislature by 10:30 on 24 March 2014. Terms and conditions apply.
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8 CITY PRESS, 23 MARCH, 2014

news Warren Buffett: Rule No. 1 – never lose

money. Rule No 2 – never forget rule No 1

CHARL BLIGNAUT
charl.blignaut@citypress.co.za

T
he public broadcaster’s former chief financial
officer, Gugu Duda, this week spoke frankly
about the “deteriorating” and “unsustainable”
situation at the SABC that led to her dismissal
EXCLUSIVE
on Wednesday. Duda arrived at work in March
2012 and ran the SABC’s finances for five

‘I’m a
months before being suspended. She described reporting for
work at the SABC, where acting chief operating officer Hlaudi
Motsoeneng “ran the show”. She said he barged into meetings,
personally dispatched news teams and hijacked wage
negotiations. She became unpopular at once, she says,
because she attempted to put checks and balances in place,

scapegoat’
especially around the hiring of service providers.
At the time, the SABC was in a financial crisis, relying on
a R1.4 billion loan guarantee from government “while not
earning as much revenue as it was spending”.
Motsoeneng, she says, was wasting money on news and
increases for himself and his “generals”.
Motsoeneng’s boss, former chief executive officer
Lulama Mokhobo, was “a sleeping CEO” who let Motsoeneng
act with impunity, even when she was made aware of his
“highly irregular” increases, claims Duda.
The SABC’s Kaizer Kganyago rejected her allegations, calling
them “sour grapes”.
Duda was this week found guilty of misconduct in a case
before the Commission for Conciliation, Mediation and
Arbitration. This had to do with the SABC’s R1 million cash
payment to the notorious ICT Indaba as part of a barter deal.
Duda says she will be taking the ruling under review and
Gugu Duda, an experienced chartered
questioned its legitimacy.
The Public Protector last month found Duda’s
accountant, says she became unpopular
appointment at the SABC was “unlawful” and had been
influenced by former communications minister Dina Pule
and Motsoeneng.
the moment she tried to put checks
Duda told City Press it was she who provided the Public
Protector with some of the information that would find
Motsoeneng guilty – in the same report – of misrepresenting
and balances in place at the SABC
his matric certificate, making the pay hikes and of being
improperly appointed. Mokhobo was found guilty of
“governance failure”.
Duda says she has been made a scapegoat. “The chairperson
of the board has found a convenient means to fire me and
protect Hlaudi over the Public Protector report … I don’t know CONFIDENT Duda says she will take a misconduct ruling against her under review because she believes the SABC’s acting chief operating officer is being protected PHOTO: ELIZABETH SEJAKE
how I was appointed. I gave my CV in for several positions
in the department of communications. But if he is terms of reference for deciding on bid evaluations and a lack ‘Mchana [hey boy], you need to cover this or that,’ making unions. He said: ‘I have done a good thing for you, guys. I spoke
implicated for the same thing – my appointment – why is he of procurement guidelines.” them move from place to place.” to the board and said they must give you 8%. It’s yours. There.’”
not in trouble?” She says she clashed with Motsoeneng from day one. She When she defied him on budget for a news trip, she says Mokhobo has repeatedly claimed Duda “misled” her into
A relaxed and confident Duda did not mince her words when describes a showdown in Mokhobo’s office where Motsoeneng Motsoeneng “called me to scream at me late at night – he said: signing the SABC’s letter of commitment to the ICT Indaba.
she said: “I think it has been a known suspicion that certain reprimanded her for not reporting decisions to him. ‘Who do you think you are? You don’t own this money.’ I said Duda denies this, saying Mokhobo gave her the go-ahead
people who are favoured highly by political strongholds within Duda says she stood her ground as she reported to Mokhobo, no but I’m responsible for it. I was called arrogant and a young for the barter, which was initiated from Mokhobo’s office.
the ANC, like Hlaudi Motsoeneng, are going to be protected but the CEO did not challenge Motsoeneng on the matter. I was called girl. But I’m 37 and an experienced chartered accountant.” Contacted this week, Mokhobo said: “I don’t know what
at everyone’s expense.” “She’d just sulk in a corner,” Duda said. On another occasion, she says after agreeing on a wage she hopes to achieve. The process was fair and open. If she’s
She says the main reason she was shafted was because she “I made myself very unpopular with Mr Motsoeneng when arrogant and a increase budget, Motsoeneng “walked in and announced to bitter and running to the press with untruths, there’s nothing
insisted on new financial controls at the SABC. “Some execu- I questioned the news budget. Three months into the year, the unions: ‘I’m not gonna lie to you, we’ve all agreed 8%.’ I can do about it.”
tives could request, review and approve their own transac- they’d spent 45% of it. He was wasting resources by meddling young girl And I was shocked. That was not the agreement. Mr Mot- But Duda says she will fight to clear her name. “I’ve got
tions. There were no checks and balances ... There were no in the newsroom. He’d call the senior news people and say: soeneng was just wanting to make himself popular with the nothing to lose because I’ve got nothing,” she said.
A Daimler Brand
CITY PRESS,23 MARCH, 2014
news
‘They
tried to
stop me’
Madonsela speaks out about how
ministers tried to obstruct her probe
RAPULE TABANE
rapule.tabane@citypress.co.za
T Tlale takes protest fashion to the streets of Joburg
huli Madonsela has spoken out in detail
for the first time about how various minis- law adviser Enver Daniels with them. He told her that,
ters and state lawyers tried to bulldoze
her into stopping the Nkandla investiga-
tion.
Madonsela said she had initial-
ly received great cooperation from the minis-
ters and the presidency, but it all changed
when she started asking tough questions
at the beginning of last year.
“Then government departments
started clubbing together. Suddenly,
there was a group approach with an in-
tention to frustrate the investigation. De-
partments like police, who had been pro-
viding us with documents, suddenly said
the papers were unavailable. Police Minister
Nathi Mthethwa asked me: ‘Why are you do- Thuli Madonsela
ing the investigation when there is a task
team doing the same thing?’
“He said you cannot have two government institutions
conducting the same investigation. He said the govern-
ment task team had recommended that the SIU [Special
Investigating Unit ] and the AG [Auditor-General] should
do the investigation.
“So I had to explain to him that the SIU and AG were
not internal but independent institutions. I had to ask
him why government had started a new investigation
[task team] when there was one under way.
“I explained that we had already started the investiga-
tion and resources were already invested in it. The
investigation was also 90% complete.”
Madonsela said she had met Mthethwa, State Security
Minister Siyabonga Cwele and Public Works Minister
Thulas Nxesi on April 22, but the meeting did not resolve
issues because they insisted she defer her investigation.
“By then, the AG had already declined to investigate.
And the SIU could not investigate without a presidential
proclamation.”
Madonsela said she also could not understand why
ministers were placing so much reliance on an informal
task team of public servants appointed by ministers who
they were expected to ask tough questions about.
“You can’t compare that with a constitutional
structure such as the Public Protector,” she said.
She said soon after meeting the ministers, she had
received a letter from the state attorney, who conveyed
their request that her office should stop its investigation. against the law,” said Madonsela.
The New Home of the National Home
Builders Registration Council
The NHBRC Head Office and Gauteng Provincial Customer Care Centre in
Woodmead have moved to one central location. The new office is located
at 5 Leeuwkop Road, Sunninghill.
For more information:
Visit: www.nhbrc.org.za
Toll free number: 0800 200 824
9
THULI MADONSELA: President Zuma improperly benefited from the measures implemented in the name of security …
which include the visitor’s centre, the swimming pool, the amphitheatre and the cattle kraal with culvert and chicken run ...
The acts and omissions that allowed this to happen constitute unlawful and improper conduct and maladministration
Madonsela said she could not understand the logic. FASHION MARCH David Tlale with his models on the streets of Sandton. The fashion march was part of his show at Mercedes-Benz
At the second meeting on May 31, the ministers, who Fashion Week Joburg Autumn/Winter PHOTO: MUNTU VILAKAZI
now included Justice Minister Jeff Radebe and Defence
Minister Nosiviwe Mapisa-Nqakula, brought chief state
“constitutionally”, if members of the Cabinet said other
structures should investigate, she should abide by that.
At the meeting, it was Radebe who said her office did LESLEY MOFOKENG waving South African flags and placards No music or singing accompanied the “pure elegance, style and timelessness”.
not need their permission to investigate. Madon- lesley.mofokeng@citypress.co.za about Afro-optimism, such as “Africa models. Their stomping was punctuated “I wanted to take couture to the people
sela took City Press through the details of the Where Beauty Belongs, “The 21st Centu- by the sound of splashing water from the in a celebratory and patriotic manner,
red tape partly to refute talk that she had David Tlale staged a fashion protest on ry Belongs To Africa” and “South African fountain in the middle of the piazza with and I thought we could toyi-toyi in a fash-
delayed the report when, in fact, it was the streets of Sandton yesterday as an Fashion On The Rise”. the giant Nelson Mandela statue in the ionable way,” he said.
government that had caused the delay. innovative way to present his designs at The entourage later took to West and background. Other designers who featured at the
According to her, the stalling began Mercedes-Benz Fashion Week Joburg. Maude streets for a silent march. Tlale described his collection of mini- fashion week included Marianne Fassler,
in January and ended in July last year. Tlale went off-site to nearby Nelson Inspired by South Africa’s struggle his- malistic structured dresses and long, Irmgard Mkhabela and Abigail Betz. The
She said she told the ANC the same Mandela Square where, at the stroke of tory and the toyi-toyi, Tlale avoided the flowing, sheer gowns – which debuted at event ended last night with the showing
thing when they met last year. “So for noon, models poured into the square traditional ramp format for a walkabout. New York Fashion Week last month – as of men’s labels Viyella and Fabiani.
the ANC to come now and say the timing
is suspicious is just wrong.”
She said the differences about her
jurisdiction, the fights about whether she
understood security matters and the re-
Explore a new world
quest for extensions before she finalised her report all
contributed to the delays.
Madonsela said at one point Zuma asked for an exten-
sion because he was ostensibly going to speak to the ANC
of banking with the new
about his need for more time to respond.
“So when the ANC was saying in public that I should
release the report without delay, I expected government
communications to issue a statement explaining the
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they had affected her staff.
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tors. Those who were involved requested that their
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She said it was problematic when government
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CREATIVITY 60142
10 CITY PRESS, 23 MARCH, 2014

news Paul Theroux: I have written stories, essays,

even whole books on trains, scribble-scribble

RAND BILLION RAND

Makeba
35
The South African
Revenue Service 12
copyright
(Sars) lost around
Sold for
30 R12 billion in
unpaid taxes and 11
dispute
R12 - R20 The average import tariffs on
25 sales
PERCY MABANDU
illegal cigarettes in percy.mabandu@citypress.co.za
price of a the past three years 10 The estate of late singer Miriam Makeba
20 pack of 20
It costs A third of is taking legal action against the organ-
cigarettes is isers of landmark exhibition Rise and
just R2 to all cigarettes
15 R30 - R35 9 Fall of Apartheid: Photography and
produce smoked Bureaucracy of Everyday Life.

a pack of in SA are The exhibition is at Joburg’s Museum

Africa on its fourth leg following
10 R15 is brought into 8
20 illegal successful runs in Munich, Milan and
claimed by the country The street New York.
cigarettes
the state in illegally value of the Graeme Gilfillan, a trustee of the ZM
5 Makeba Trust, has written a letter of
taxes 10 billion 7 demand to the exhibition’s organisers,
illegal the International Center for Photogra-
0 cigarettes phy (ICP), accusing them of violating
Illegal Legal smoked in 6 copyright law by commercially show-
ing images bearing Makeba’s likeness
SA in 2012 is without the trust’s written consent.
estimated at The challenge encompasses the

R4 billion 5 numerous portrayals of Makeba in

photographs on exhibition, but in par-
ticular the use of a photograph
taken by veteran photogra-
4 pher Jürgen Schadeberg.
The picture showing a
young Makeba in a tight
orange dress standing at
3 a microphone was taken
in 1955 for Drum
Care 0800 226 006

magazine.
In the letter, Gilfillan, an
2 international copyright law
FAIR DEALING? specialist, claims that
SA

The photograph that “Schadeberg’s owner-

In 2012/13 Sars seized caused all the trouble ship of the photographs
138 million illegal 1
Customer

PHOTO: ELIZABETH SEJAKE [the actual negatives] of

cigarettes worth an Makeba is not in
otsuC

question.”
estimated R65million
600 622 0080 eraC rem

0 His charge relates to

the exploitation of Makeba’s image
contained in the photographs. This
AS

THEUNS KRUGER, Graphics24

includes the enlarging, exhibiting or
commercialising of these pictures.

gold
Such photographs may only be used

The new
under “fair dealing”.
The law defines fair dealing to
include purposes such as criticism,
comment, news reporting, teaching
(including multiple copies for class-
room use), scholarship or research.
Schadeberg told City Press that he
“owns the copyright and is the author
of all his images ... Makeba posed for
the image and gave her full permission
for use in documentary non-
commercial material. In the case of the
show, Schadeberg received no fee from
the ICP for showing his images.”
Gilfillan says he “had meetings with
Schadeberg about this when Makeba
was still alive”.
“He knows our position.”
Asked what outcome he was hoping
for, Gilfillan said: “A lot of this is about
the Makeba Trust being credited.”

The trade in illicit cigarettes counts among its alleged role players convicted
drug dealers, self-confessed assassins and even a president’s son
Airline hits
Holi revelry
JACQUES PAUW
investigations@news24.com
Sars’ crack unit
In the past four months, the taxman’s fightback has kicked
into overdrive.
Edward Zuma and De Robillard are directors of Fastjet
Holdings, a low-cost air carrier that has not yet been able
to get off the ground.
turbulence

I
t’s an unassuming and cut-price commodity that Last November, Sars issued a warning to 12 cigarette The third director of Fastjet is Yusuf Kajee, who, Sars
ultimately goes up in smoke. importers and manufacturers, telling them they were being sources say, is a central figure in the illicit cigarette trade All the cabin crew did was entertain
Yet every year, local mobsters earn fortunes in investigated and ordering them to cooperate. A month later, and the subject of a widespread investigation into tax passengers on board the SpiceJet plane
illicit proceeds by ferrying tons of these goods from it seized tons of tobacco imported from Brazil that was osten- evasion, money laundering and fraud. with their choreographed moves in
places like Brazil and the Middle East across our sibly destined for Swaziland. Kajee owns Amalgamated Tobacco Manufacturing (ATM), celebration of the Hindu Holi festival.
porous borders. In January, customs confiscated nearly 50 tons of tobacco which has been raided several times. He has described the But now their dancing on board flight
Many more tons are trucked across our northern frontiers in five containers in Port Elizabeth. Those too were fraudu- raids as nothing but harassment and has accused Sars of SG-876 has landed the low-cost Indian
in false compartments or water tanks, or ferried in crates lently declared as being destined for Swaziland. running a smear campaign against him. airline in hot water.
and boxes across the Limpopo River. Between December and January, Sars confiscated Edward Zuma was a director of ATM until November 2011 The directorate general of civil
But unlike a gram of cocaine or a rock of crack, punters R400 million in illegal tobacco products and registered 15 and a shareholder until March 2012. Neither Kajee nor Zuma aviation (DGCA) says cabin crew who
don’t need to meet their pointy-shoed west African candy criminal cases with the Hawks. responded to requests for comment. were seen dancing in a two-and-a-half-
men in dark alleys to get it. Edward Zuma Sars reported that in the 2012/13 financial year, it Kajee and Sars have been at odds for a long time. The minute video clip posted on YouTube
It is sold openly in corner cafés, by street vendors and conducted more than 2 500 seizures yielding 138 million tobacco kingpin has accused Sars of attempting to spy on endangered aircraft safety and created
at your local supermarket. illegal cigarettes worth about R65 million. him and of harassing his workers. an “unruly environment”.
The trade counts among its alleged role players convicted Much of the Sars probe into the tobacco industry is con- In turn, Lackay says the tobacco industry was fraught with The aviation authority wrote to the
drug dealers, self-confessed assassins and even a president’s ducted by the Tax and Customs Enforcement Investigations rumours, accusations and active attempts to discredit airline this week asking it to give reasons
son. unit. This unit has in the past 10 years recovered, or is busy people, businesses and institutions. its licence should not be suspended,
It’s no wonder that illicit cigarette smuggling is referred retrieving, an estimated R10 billion in unpaid taxes from Sars group executive for tax and customs enforcement Britain’s Daily Mail newspaper reported
to as the “new gold”. Profit margins approach 1 000% in South Africa’s most notorious gangsters and tax evaders. investigations Johann van Loggenberg said in a letter in this week.
the industry, which has become one of the largest in local December last year that it had evidence that ATM at the In the video, which went viral after
organised crime. very least manipulated processes and procedures, and was it was posted on YouTube on Monday,
“There has been a definite shift in focus by syndicates Trains from Zimbabwe at worst fraudulent and corrupt. cabin crew can be seen dancing to
towards the illicit tobacco industry,” says SA Revenue Service About half of the illegal tobacco products are smuggled Sars has found that ATM last year declared the manufac- Bollywood hit Balam Pichkari in the air
(Sars) spokesperson Adrian Lackay. from Zimbabwe into South Africa. ture of 972 000 cigarettes, or about 15 800 boxes. But Sars while pilots take photos on their
Zimbabwe-based Savanna Tobacco, which is owned by found evidence that 3.8 million cigarettes, or 190 000 cellphones. The pilots have since been
Adam Molai, who is married to one of President Robert boxes, were manufactured. suspended. At the time the plane was
Why the concern? Mugabe’s nieces, has allegedly trafficked tons of tobacco into The illicit cigarette trade has attracted other notorious apparently flying at 10 000m.
Experts warn that tobacco smuggling doesn’t just deprive Mikey Schultz the country. underworld figures. Convicted drug dealer Glenn Agliotti The video irked the DGCA and
the state of taxes and duties, it often masks other crimes, Mugabe is openly supportive of Savanna and has accused has reportedly used his mastery of the import-export game prompted it to issue a statement con-
including money laundering and fraud, and it even involves rival British American Tobacco of spying on the company to subvert custom procedures, and facilitate the smuggling demning the act.
murder. and hijacking its trucks. of drugs and contraband cigarettes. “The cabin crew’s acts drew the atten-
A customs official working on a massive five-year-long Savanna’s main brand is Pacific, an estimated 700 million tion of other crew on duty, thus reduc-
illegal tobacco investigation into 12 companies and individu- cigarettes of which were sold illegally in South Africa last ing their preparedness or alertness.
als was shot and killed in 2011 at his home in Durban. A year. Kebble killer in on the act “The frequent movement of the danc-
year earlier, a Sars official was shot and wounded. Last October, Zimbabwean police confiscated 40 tons of Several of murdered mining magnate Brett Kebble’s ing crew may have affected the aircraft’s
“It also extends to discrediting law enforcement officials Pacific cigarettes on a train destined for South Africa. The assassins now work for tobacco companies allegedly centre of gravity during flight and
investigating their cases and trying to manipulate the crimi- train was supposedly carrying gum poles. involved in the illicit trade. Kebble triggerman Mikey Schultz created turbulence. Passengers dancing
nal justice system,” says Lackay. According to reports, at least 23 shipments with 44 wagons works for Carnilinx, widely considered to be the largest local in the aisle create an unruly
“It is far more lucrative than other criminal enterprises of “gum poles” had followed the same route between tobacco manufacturer. Sars is investigating Carnilinx for tax environment,” it said.
– the costs of production and transportation are far lower, September 2012 and August 2013. evasion and money laundering. SpiceJet responded by saying that
it is much easier to dispose of goods and the risk if detected A number of these consignments appear to have arrived Although Carnilinx vehemently denies any wrongdoing, airline safety was not compromised.
is significantly lower than the trade in narcotics.” at the premises of PFC Integration – one of the companies Sars accused it of spying on investigators in an attempt to DGCA has given SpiceJet 15 days to
In most instances where illicit tobacco is confiscated, the Sars is now investigating. halt its tax probes. reply to the notice, “failing which it will
culprit pays a fine and might even get his goods back. Sars has raided PFC several times. It is headed by Sars opened a case against Carnilinx, its five directors and be assumed they have nothing to say in
Over the past three years, the trade has cost Sars an controversial businessman Paul de Robillard, a close busi- a private investigator Carnilinx allegedly hired to spy on and their defence and suitable action will be
estimated R12 billion in unpaid taxes and custom duties. ness associate of President Jacob Zuma’s son Edward. intimidate Sars investigators. taken against them”. - Staff reporter