A sobbing 32-year-old man arrested last week following the rape of four young girls in Dimbaza made a brief appearance in court yesterday.

The matter was postponed until tomorrow when he will appear again.

Angry: Residents protest at court in Dimbaza where a rape suspect appeared yesterday

Due to the nature of the crime the man cannot be named until he pleads.

He appeared in connection with at least two of the rapes of the four young girls from the tight-knit community who were allegedly raped repeatedly on separate occasions by an unknown number of assailants.

The Daily Dispatch reported yesterday that medical tests on three eight-year-olds and an 11-year-old showed they had endured repeated violations.

Last week two of the girls told social workers, nurses, doctors and police officers they were forced to watch pornography while all four alleged they were given money by their rapists.

A 20-year-old suspect was arrested last week Monday but was released on Tuesday due a lack of evidence. He later fled the township after residents bayed for his blood.

The Dispatch reported that a 22-year-old man was arrested on Thursday. However, the suspect is in fact 32. Police spokeswoman Lieutenant Siphokazi Mawisa said when arrested the man had given police the wrong age.

Another two men were arrested yesterday in connection with the rapes. Mawisa said they would appear in court “soon”.

During court proceedings state prosecutor Cikizwa Maqiza said the 32-year-old suspect was facing a schedule six offence which was classified a serious criminal offence.

Maqiza said the case should be postponed so a legal aid application could be made for the suspect. Magistrate David Madiba agreed.

“We are very happy. We didn’t know there were more suspects,” said Athabile Toyi, a resident, referring to yesterday’s arrest of the two men.

“The station commander has now taken over these serious cases following our meeting with him. We don’t just want arrests but we want justice to take it course.”

A man convicted of gang-raping a Middelburg woman earned the wrath of a high court judge for his violence and misogyny, which the judge termed despicable and perverted.

“Let’s take this thing and work with it,” sneered Siphamandla Qalani, 23, to his friend Wandile Makwena when they spotted a 21-year-old woman who had walked a few metres from her home to a nearby shop in Kwanonzame, Middelburg.

A man convicted of gang-raping a young Middelburg woman earned the wrath of a high court judge for his violence and misogyny, which the judge termed despicable and perverted.

The two men had accosted and snatched the woman as she left the shop. They dragged her down the road to a house one of them lived in, where they both raped her.

The court heard how the brave woman finally managed to make her escape through the toilet window and fled, half naked, to the nearby house of a friend. She had quickly sought out the home where she had been held captive and pointed it out to police. Makwena, who was still at the house, was arrested the same night.

He made a full confession to police and pointed out Qalani as his accomplice. Later, in February Makwena pleaded guilty in the Graaff-Reinet Circuit High Court and was sentenced to 30 years’ imprisonment.

Qalani evaded arrest and, when caught, pleaded not guilty in the Grahamstown High Court. He claimed he had simply been trying to find the woman a place to sleep that night.

Makwena testified against Qalani, confirming the young woman’s version that Qalani had also raped her.

In sentencing Qalani, Judge Jeremy Pickering said the horror gang rape followed a forceful abduction of an innocent and vulnerable victim who had merely set out from her home to do some shopping.

She had been subjected to a humiliating and terrifying ordeal. He found Qalani’s utterance “let’s take this thing and work with it” particularly aggravating. He said the courts too often dealt with accused that treated women as mere objects to be used and tossed aside.

“I have, however, never heard before such a chilling expression from the mouth of an accused himself of his contempt for women in general and his victim in particular.” He sentenced Qalani to life imprisonment.

Repeat drug offender Raymond Nwokoye has felt the wrath of the judicial system.

Nwokoye, who had three previous drug-related convictions, was convicted on two counts under the Drug Trafficking Act in the East London Regional Court.

Repeat drug offender Raymond Nwokoye has felt the wrath of the judicial system

On the first count, he was found to be in possession of 25g of cocaine and 65 ecstasy tablets with a combined street value of R11671.

On the second, he was convicted of possessing 263g of cocaine and 142 ecstasy tablets valued at R77332.

Nwokoye was acquitted on a count of possessing 17 stolen cellphones, which the court heard were used as collateral to purchase supplies.

On Friday, regional court magistrate Deon Roussouw sentenced Nwokoye to an effective 15 years in jail.

“Dealing in drugs is on the rise in our community. Drug dealers are targeting schools and young people are falling prey to them,” Roussouw said in passing sentence.

“These drug dealers cause young people with potential to become criminals.”

He sentenced Nwokoye to 10 years in jail for the first count, and 15 for the second count. The sentences will run concurrently.

There were fireworks in court on Tuesday as Christopher Panayiotou’s defence attorney Terry Price and state advocate Marius Stander went head to head over whether Panayiotou would be lodging a new bail application.

After lengthy arguments, the defence indicated that it would withdraw the new application – for now.

There were fireworks in court on Tuesday as Christopher Panayiotou’s defence attorney Terry Price and state advocate Marius Stander went head to head over whether Panayiotou would be lodging a new bail application.

Panayiotou stands accused of orchestrating the murder of his wife, 29-year-old school teacher Jayde, in April this year.

It is alleged he paid Luthando Siyoli, 31, a bouncer at his nightclub in Algoa Park, to hire a hit man, identified as Sizwezakhe Vumazonke, 30, to murder his wife. Late last month Sinethemba Nenembe, 28, was also linked to the case and will join Panayiotou and Vumazonke in the dock. Siyoli has since turned state witness.

Panayiotou’s legal team is currently seeking access to the state docket, as part of a new bail application bid after his original bail application was denied on June 5. They filed for access to the docket through the magistrate’s court earlier this month.

However, in a brief appearance before Magistrate Abigail Beeton last week, Stander argued that the magistrate’s court did not have the jurisdiction to make a ruling on the docket, as it could only do so should such an application be brought during a bail application. Panayiotou at that stage had not yet lodged a new application.

Price began proceedings by saying that, on review, the defence agreed with Stander about the jurisdiction of the magistrate’s court. He would like to have their motion of access to the docket struck off the roll, as they had already approached the High Court for the matter to be heard there.

Heated debate

Price indicated that the matter was provisionally set down to be heard in the High Court for December, and asked for Beeton to set down the date as such, but Stander took exception to the date.

Stander then produced letters written by Panayiotou’s attorney, Alwyn Griebenouw, wherein Griebenouw had indicated that, regardless of the outcome of the application for the docket, the defence would be lodging a new bail application for Panayiotou on December 1.

Stander pointed out that he had had to withdraw from two High Court proceedings in order to be available for Panayiotou’s latest applications and that he had had to have the Investigating Officer, Kanna Swanepoel, move his diary around in order to be available for the proposed new bail application.

The previous date set for the new bail application was on November 16, but it never took place.

Price said the only reason there were delays was because of the state delaying the release of the docket.

“We do not have access to the docket. All our attempts have been thwarted,” he said.

Price said Stander was a “poker player who claimed he had a royal flush but did not want to show anyone his cards”.

“This is a flagrant, transparent attempt to make fools of us,” he said. “We will not be able to bring a new application at that point.”

Price said the magistrate was giving too many accolades to Stander, as “he’s not as important as he thinks he is”.

While he was aware that Stander would not be available from December 4 to January 11, it was not crucial that the state prosecutor had to be there to hear the new bail application, Price said.

New bail application withdrawn

Price said he could not comment on the agreement between Stander and Griebenouw, but said the defence would not be in a position to go ahead with a new bail application until it had seen the State’s case against his client.

He said they needed to look at the docket and, if the case was as strong as the State said it was, they might have to advise Panayiotou not to seek a new bail application, and vice versa.

As such Price said they would withdraw the notice of intent to lodge a new bail application on December 1.

Beeton then postponed the matter back to the magistrate’s court, court 27, on December 2 for further investigation, where Panayiotou is scheduled to appear with his two co-accused.

Price and Stander will however clash swords the day before in the Port Elizabeth High Court when Panayiotou’s defence will continue their pursuit for access to the court docket.

Ecclesia de Lange‚ who has been engaging in a long legal fight to be reinstated as a minister in the Methodist Church after she married her female partner‚ today saw her case dismissed by the Constitutional Court.

The Methodist Church “discontinued” De Lange from the ministry in 2010 after she announced that she planned to marry her lesbian partner in front of her congregation.

Ecclesia de Lange, a former Methodist minister outside of the Western Cape High Court on May 21, 2013 in Cape Town, South Africa. De Lange says she was unfairly dismissed by the Methodist Church of Southern Africa because of her sexual orientation. Picture: Gallo

De Lange remained an ordained minister but could not exercise any of the usual functions of a minister.

The rules of the church allowed her to present her dispute for arbitration. But before arbitration began‚ she lodged an application in the Cape Town High Court seeking her reinstatement. The court said she should wait for the arbitration process to be concluded before approaching the court.

She then appealed to the Supreme Court of Appeal but lost there as well.

De Lange argued the church’s conduct contravened her right to equality under the Constitution‚ which prohibits unfair discrimination based on marital status or sexual orientation.

In a unanimous judgment written by Moseneke DCJ today‚ the Constitutional Court made four findings:
- De Lange had not shown good cause to set aside the arbitration agreement. Because the issue relates to interpretation of religious doctrine‚ arbitration would be the appropriate forum to examine the church’s application of its rule against same-sex marriages for ministers.
- De Lange had unequivocally disavowed her unfair discrimination claim before the High Court and was not free to raise the claim for the first time on appeal.
- De Lange should have first brought her unfair discrimination claim to the Equality Court.
- De Lange failed to file a notice in terms of the Uniform Rules of the High Court‚ an omission which deprived other interested parties including religious communities‚ of the opportunity to intervene as parties to the dispute or seek admission as amicus curiae in the High Court.

An Eastern Cape mother has managed to convince the East London High Court to compel Eskom to pay her the benefits due to her minor son.

Thabisa Ngalo approached the court on behalf of her son, Siyamthanda, after her lover Shadrack Matsheketwa, an Eskom employee, died earlier this year.

Mom wins court battle for son’s benefits

Matsheketwa had instructed his employer to split benefits due to him between his mother and son.

Ngalo told the court that Siyamthanda had been living with her parents in Dimbaza since birth and that his father had unrestricted access to him.

Ngalo alleged that after Matsheketwa’s death in April this year, his brother Unathi Geja “misrepresented” himself to Eskom, claiming he was the child’s guardian.

“[Geja] does not and has never stayed with the minor child. He is thus not a primary caregiver to the minor child,” Ngalo said in her affidavit.

She told the court she and the boy had moved to Mossel Bay where she works and he goes to school. She said if the money was paid to Geja, who is unemployed, he might use it for things not in line with the boy’s welfare.

“The minor child will suffer irreparable harm if his benefit is paid to [Geja],” the papers read.

She said as his biological mother and natural guardian, she had his best interests at heart.

“[Ngalo] will spend the money towards current and future educational and other needs of the child such as shelter, food, clothing and transport,” the court papers read.

Yesterday, Eskom was interdicted and restrained from paying Geja the boy’s half of Matsheketwa’s benefits. Eskom was ordered to pay the benefits to Ngalo.

Geja was further ordered to pay costs of the application.

Nelson Mandela’s grandson, Mandla, lost his appeal against his assault conviction and sentence in the Mthatha High Court yesterday.

NPA regional spokesman Luxolo Tyali confirmed the appeal was dismissed.

“This is a vindication for us. It shows that we have a strong case against him. Now the ball in his court, we want justice to be done,” said Tyali.

The judge who heard his appeal, Judge Sytze Alkema, is the same judge who sentenced baThembu King Buyelekhaya Dalindyebo to 15 years’ imprisonment on December 6 2009.

NELSON Mandela’s grandson, Mandla, lost his appeal against his assault conviction and sentence in the Mthatha High Court yesterday.

Mandela was sentenced by the Mthatha Regional Court to a fine of R10000 or three years in jail‚ all suspended‚ for assault with intent to cause grievous bodily harm for pistol-whipping Mlamli Ngudle in October 2013 in Mthatha in October.

Ngudle, a teacher, had bumped a car belonging to an investor having lunch with Mandla.

The NPA had called for Mandela to serve time in prison saying it would send a strong message to the public that no one was above the law.

Convicted murderer Thabo Mohapi threatened a journalist in court while he was awaiting sentencing at the Palm Ridge High Court on Monday morning.

A brazen Mohapi said he would jump from the dock and destroy a laptop the journalist was holding, in front of a packed court, shortly before proceedings started.

Convicted murderer Thabo Mohapi threatened a journalist in court while he was awaiting sentencing at the Palm Ridge High Court on Monday morning.

“I will show you who I am. I know your face. Be careful what you say to me. I will take this laptop and smash it on the wall. If I do anything to you, I will only get six months, I don’t care if you call the president, he won’t help you with me. Be careful,” he shouted while walking towards the journalist.

Two armed guards from the correctional services had to block Mohapi as he was moving towards the female reporter.

Several people including members of the State prosecutor’s team, correctional services officials and the defence lawyer were present during Mohapi’s outburst.

He was upset with the journalist because she tried to take a photo of him before court proceedings started.

Mohapi, Galland Holwerthy and Thabiso Ledwaba were found guilty of kidnapping and murdering German supercar specialist Uwe Gemballa.

The matter was postponed to February 4 for the pre-sentencing report.

Murder-accused Christopher Panayiotou’s hopes at being released on bail before Christmas hinge on the outcome of Tuesday’s proceedings when the state and defence go head to head over copies of the police docket.

Christopher Panayiotou in court

The businessman’s legal team wants insight into the police case so it can bring a bail application based on new facts.

The state is opposed to handing over the docket because it says investigations are not complete.

In addition‚ it claims the entire application should not be treated as one of urgency.

Court proceedings are expected to commence on Tuesday afternoon.

Panayiotou is accused of orchestrating the murder of his wife‚ 29-year-old school teacher Jayde‚ in April this year

The Supreme Court of Appeal will rule on Thursday on whether Oscar Pistorius’s culpable homicide conviction will be replaced with murder.

Oscar Pistorious

Judgment was expected to be handed down at 09:45.

Pistorius shot dead his girlfriend Reeva Steenkamp in 2013, later stating he mistook her for an intruder.

He fired four shots into the bathroom door of his Pretoria home on Valentine’s Day.

The High Court in Pretoria found him guilty of culpable homicide and not murder.

High Court Judge Thokozile Masipa ruled that Pistorius could not have foreseen that “either the deceased or anyone else for that matter” might have been killed when he fired shots at the door.

The State appealed his conviction, arguing that Pistorius was guilty of murder with indirect intent.

Pistorius did not attend the one-day SCA hearing in Bloemfontein in November as he was under correctional supervision at his uncle’s Pretoria home.

The National Prosecuting Authority (NPA) wants convicted murderer Oscar Pistorius to appear in court soon and receive a harsher sentence.

Prosecutors have been engaged in deliberations since the ruling by the Supreme Court of Appeal in Bloemfontein overturned Judge Thokozile Masipa’s sentence on Thursday.

Oscar Pistorious

NPA spokesperson Luvuyo Mfaku said they wanted the process to be concluded as soon as possible.

“We are currently deliberating and facilitating a process where he [Pistorius] appears in court soon for a date for the sentencing to be arranged.”

He said during their discussions on the matter, the issue of Pistorius applying for bail arose, but the decision ultimately rested with the judge president.

“We can’t pre-empt the decision but they will listen to the facts and make a determination on the matter. For us, we want it as a matter of extreme urgency,” said Mfaku.

The Supreme Court of Appeal (SCA) on Thursday ruled in favour of the State, setting aside a 2014 culpable homicide conviction by a high court.

The unanimous judgment was clear – Pistorius gambled with the life of the person behind the toilet door by firing four shots with a heavy calibre firearm into a small space.

It referred the matter back to the trial court to deal with sentencing.

The SCA’s ruling comes almost three years after Pistorius shot and killed Reeva Steenkamp, later stating he mistook her for an intruder. He fired four shots into the bathroom door of his Pretoria home on Valentine’s Day in 2013.

He spent a year in prison and was released in October to serve the remainder of his five-year sentence under house arrest.

The Eastern Cape leadership of the ANC, judges of the high court, a prominent local attorney and a wealthy Johannesburg businessman have all been drawn into the R631-million Amathole toilet saga.

The contract to provide toilets was illegally awarded to the Siyenza Group last year (see report on page 5). The company’s Johannesburg attorney Themba Langa has accused prominent local attorney Dumisani Tabata, who represents the Amathole district municipality (ADM), of having “leaned on” two high court judges to get a favourable ruling on the controversial toilet case.

SHODDY: An unidentified woman next to a toilet at her home in Kwelera. She says she never used it and it collapsed a week after it had been erected Picture: SINO MAJANGAZA

Langa made the claims in a letter to Eastern Cape Judge President Themba Sangoni, stating that Tabata’s alleged action was supported by the provincial ANC leadership.

The ANC has denied this and Tabata is now suing Langa.

In his letter, dated September 11 this year, Langa alleges that Tabata was “acting on the instructions of” businessman Mikki Xayiya. Langa also gives a veiled warning about Xayiya’s “immense political clout and extraordinary financial resources”.

Langa did not respond to the Dispatch’s requests for comment, saying he was “not in a position to facilitate” the questions.

Sangoni has not acted on Langa’s claims which, potentially, taint all the judges in his division, although Langa expresses gratitude in the letter “for two judges who have refused to be ‘corrupted’”.

Siyenza Group takes ADM to court

Tabata, who represents the ADM, confirmed that both he and his law firm had issued civil summons against Langa for defamation damages claiming he had attempted to defeat the administration of justice.

He said the allegations were “false and defamatory” and a “gratuitous attempt to impugn my professional integrity and reputation, and that of the firm”.

“Mr Langa will no doubt welcome the opportunity to produce evidence in court to substantiate his allegations,” Tabata said.

Langa represents Blue Nightingale Trading 397 (Pty) Ltd which in court claims to trade as Siyenza Group, and which was awarded a R631-million tender by ADM.

“We have been reliably informed that Mr Tabata, the senior partner of Smith Tabata Inc, has made the attempt to ‘lean’ on two judges, whose names are known to us.

“According to our extremely reliable information, the two judges complained to a mutual friend that Mr Tabata had ‘leaned’ on them to arrive at a decision that was favourable to ADM.”

He said Tabata allegedly told the judges “that his view on the matter was shared by the leadership of the ANC in the Eastern Cape”.

ANC provincial spokesman Mlibo Qoboshiyane said the party had not appointed an attorney as the matter was between ADM and Siyenza.

“We just need justice to prevail and no short cuts,” he said crisply, adding there was no reason for the ANC to influence judges “on this crucial public interest issue”.

Langa makes the claim that Siyenza had been victimised by Xayiya’s “intense endeavours” to compromise the implementation of the ADM contract.

He adds that Xayiya had “already infiltrated” the Daily Dispatch “to misconstrue and wrongfully report on” implementation of the contract.

Xayiya is a wealthy businessman who sits on various company boards, including Specialised Services Group. Previously he was executive chairman of Mvelaphanda and was also a former Times Media Group (owners of the Dispatch) board chairman.

Siyenza workers not paid for two months

Tabata confirmed yesterday that he had issued summons for defamation against Langa but did not disclose how much he was claiming.

He said he was obliged to defend his own and the Smith Tabata corporate names.

Langa refused to discuss the matter when the Dispatch called him at his office, stating that his client had never received fair coverage from the newspaper.

Despite sending questions to Langa’s office 24 hours ahead of time, he said yesterday he could not “facilitate” the questions.

Sangoni said he had not taken the matter further after Langa wrote to him although he told the attorney that if circumstances warranted it, an application could be made for the assigned judge to recuse himself.

However, Sangoni said he was concerned that in his letter, Langa had not named any judges allegedly approached by Tabata.

Two sources have confirmed to the Dispatch that Xayiya has also issued summons against Langa for defamation. However, Xayiya could not be reached for comment yesterday.

In an e-mail yesterday, Langa made allegations against Dispatch staff, including that Xayiya “had some of the senior journalists of Daily Dispatch on his payroll”.

“It is transparently misleading and fraudulent for you to portray the matter to be between the two lawyers only.”

lSee also page 5

The Grahamstown High Court has terminated a 16-year interdict prohibiting a 65-year-old Queenstown attorney from practice.

As is standard, the interdict was brought by the Cape Law Society in December 1999 – exactly 16 years ago – pending an application to strike the then 49-year-old Macvicar Qaqambile Klaas from the attorneys’ roll.

the Grahamstown High Court has terminated a 16-year interdict prohibiting a 65-year-old Queenstown attorneey from practice.

But after obtaining the interdict in 1999, the Law Society seems to have entirely forgotten about Klaas, effectively leaving him in professional limbo for 16 years.

Klaas occasionally acted as a magistrate and as an office administrator in a firm of attorneys, where he says he kept abreast of the law.

The Law Society was finally jarred back into action when Klaas, now a grandfather, brought an application to terminate the interdict so he could resume his long-frozen practice.

The Law Society countered by finally launching its long overdue application to strike him from the roll, contending he was still not a fit and proper person to be an officer of the court. It alleged he had stolen some R200000 from his trust account in the 90s.

The Law Society’s council also apologised unreservedly to the Grahamstown High Court for its failure to bring the striking-off application earlier and said it could find no records on how it came to be overlooked.

But Judge Jeremy Pickering said while Klaas had behaved dishonestly, he had learnt a long, hard lesson and seemed to have reformed.

He dismissed the application to strike Klaas off the attorneys’ roll.

Klaas had admitted in his affidavit that he had “behaved in a scandalous and dishonest fashion which is unbecoming to a person who practises as an attorney” and had expressed sincere regret for his actions. At 65, he said he wished only to “end my remaining years as an honest and reliable person”.

Pickering set aside the interdict and granted Klaas leave to resume his practice providing he first complete a practice management course.

The political head of the Eastern Cape education department faces arrest if he fails to appear in court next month.

Education MEC Mandla Makupula has been ordered by Port Elizabeth Labour Court Judge Zolashe Lallie to appear on January 29 or face arrest or a fine.

MEC Mandla Makupula

In the order seen by the Dispatch and forwarded to the department’s communications unit, Lallie said Makupula would have to appear in court to explain why he should not be charged with contempt of court for failing to comply with a court order made last year to permanently appointing maths and science teacher at Alphendale Senior Secondary, Eugene Thomas.

Lallie said Makupula should file an affidavit explaining his reasons before or on January 26 and thereafter appear in court on January 29.

Attempts were made to get a comment from Makupula, but were unsuccessful. When contacted for a comment, Makupula’s phone went off and further attempts to get hold of him failed.

Eastern Cape education spokesman Loyiso Pulumani said: “The matter is in court, and as such is sub judice. We deny that we are in contempt and will oppose the application.”

The court ruled in favour of Thomas last year after the department failed to implement an agreement with the unions to make temporary teachers permanent in 2012.

The protracted dispute left Thomas unemployed although he possessed the teaching skills, which the department said were needed critically at schools.

Speaking to the Dispatch, Thomas said he was a qualified, registered teacher and a South African citizen. “I feel totally disgusted at the arrogance and attitude of the handful of officials that I had to deal with. Numerous attempts to contact the superintendent-general and the MEC were blocked at secretarial level.”

He said he had been sent from pillar to post and had uncovered in the process that the human resources unit used its own criteria and discretion in teacher appointments.

The furious and frustrated teacher said he planned to contact the office of public protector Thuli Madonsela if the department failed to take disciplinary action to recover costs from the officials responsible for the case.

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Paralympian Oscar Pistorius‚ whose conviction for culpable homicide was set aside and replaced with murder last week‚ will appear before the high court in Pretoria on Tuesday.

National Prosecuting Authority spokesman Luvuyo Mfaku said the reason for the appearance before Deputy Judge President Aubrey Ledwaba was to set a date for sentencing proceedings suitable to all parties.

Oscar Pistorious

Mfaku said the issue of whether or not Pistorius should be out on bail would be addressed in court on Tuesday.

The Supreme Court of Appeal in Bloemfontein referred Pistorius back to the high court to be sentenced afresh after finding him guilty of murder.

Pistorius‚ 29‚ shot and killed his girlfriend Steenkamp‚ who was 29‚ through a locked door in his Pretoria home on February 14 2013.

He claimed he fired the four shots through the door of the toilet in the bathroom adjoining his bedroom believing that there was an intruder inside and that his life and that of Steenkamp were in danger.

Pistorius was sentenced to a five-year prison term in October last year but was released under correctional supervision this year after spending close to one year in prison. He has been living at his uncle Arnold’s luxury home in Waterkloof‚ Pretoria‚ since his release.