Another row is simmering over Durban’s Point Waterfront upgrade.

Durban - Another row is simmering over Durban’s Point Waterfront upgrade with concerns that in its revised plan, the development company has broken a deal it had with the watersports clubs by including a swimming beach and public promenade in front of their site.

The deal was brokered last year between the Save The Vetch’s Association, the Durban Paddle Ski Club and the Durban Point Development Company, bringing an end to what had already been lengthy litigation stalling any development in the area.

Now in submissions on the recently released revised plan, Michael Jackson, the lawyer acting for the association and the club, has taken issue with the siting of a promenade and jetties below the erosion line, which will hinder access to the beach by vehicles with boats and trailers.

He says while he hopes the concerns are “unfounded” and based on “misunderstandings”, he suggests that unless they are resolved, the deal could be off.

Cuane Hall, the chairman of the Durban Undersea Club, has echoed similar concerns. He told The Mercury: “The promenade cannot happen and will not happen. We have voiced our concerns and we will keep voicing them until it goes away.”

Jackson, in his written submission in the environmental approval process for the revised plan, says his clients fully support a development consistent with the settlement agreement, which must be complied with.

“The litigation which preceded it was motivated by the strongly held belief that the Vetch’s Beach is iconic to Durban and the way of life enjoyed by its citizens.

“The agreement accommodated both development and the beach-centred lifestyle. It is of fundamental importance this is not destroyed but is rather captured and celebrated,” he says.

In terms of the agreement the entire beach zone was to be a launch zone.

“Placing a public walkway directly across it from north to south would be both dangerous (to pedestrians) and in our clients’ view nonsensical,” he says.

Further, by placing the promenade so close to the sea it exposed it to severe storms and damage, with debris strewn on the beach and reef which would in turn cause damage to craft.

He said it appeared the operational launch zone was only 153m long, whereas it was the intention of the settlement agreement that the entire beach zone of about 300m could be used for launching.

The Durban Undersea Club is still formulating its written response. But Hall said the issue of the swimming beach and the promenade “keeps popping up” and he believed it was an attempt by the Point precinct developers to appease the city which wanted a promenade along the entire beachfront.

“We are not happy with it and we have raised it in our negotiations. We are not sure what is intended by a promenade, whether it is just a walkway as exists now. We are also not happy with the appearance of a a swimming beach when it is an operational beach,” he said.

Coastwatch KZN, while finding some improvements in the new plan, has raised similar concerns about the siting of the promenade.

And the South Durban Community Environmental Alliance predicts that the promenade will be “consumed by the relentless forces of the sea”.

It has also expressed concern about the impact of a slipway allowing direct access to the canal which would place at risk its marine ecological system.

“Neighbouring Sea World has been stocking the canal with various marine species including kingfish, spotted grunter, lionfish, mullet and parrotfish. Successful breeding is occurring and it has become a tourist attraction in its own right,” the alliance said.

The Mercury

Sars will make submissions to the National Director of Public Prosecutions about the taxman’s conduct in Shauwn Mpisane’s trial.

Durban - The SA Revenue Service (Sars) is to make submissions to the National Director of Public Prosecutions (NDPP) about the taxman’s conduct in the trial of Durban businesswoman Shauwn Mpisane.

This is after Mpisane made representations to the national director in a bid to have the charges against her quashed. The crux of her submissions was that her right to a fair trial was infringed by the State.

The defence argued that State prosecutor Meera Naidu suppressed evidence by failing to hand over all the statements in the docket and also questioned her conduct.

On Monday Mpisane’s advocate, Rafik Bhana, told Durban regional magistrate Blessing Msani that Sars wanted to respond to the representations.

“We have a letter from a law firm who are representing Sars. They indicate that some of the accusations we make deal not only with the State prosecutor, but can also impact on the reputation of Sars and they want to make submissions to the NDPP.”

Mpisane and her company had been charged in the Durban Regional Court with 119 counts of fraud involving R4.7 million. The charges were that she submitted documents, including fraudulent revised income tax statements for the 2008 tax year, and fake invoices, to Sars and put incorrect information on VAT returns for the 2009/10 tax year.

She has also been charged with violating the Close Corporations Act by operating a close corporation despite having a criminal conviction for VAT fraud in 2005.

Mpisane has pleaded not guilty and has blamed her former bookkeeper, Kishal Reddy.

In a separate case, Reddy pleaded guilty to generating the fake invoices, but said he had done it on Mpisane’s orders. He was fined R30 000 and would be the State’s key witness in the trial.

Naidu said she would also be responding to the representations.

Bhana said on Monday that the defence had come across further examples of suppression of evidence which had “startling implications” for the case.

“It has now been revealed that we only had 64 of 182 statements in the docket.

“Also it appears that the State deliberately kept the statement of Sars auditor Sumantha Ramharak from the defence. The statement, which is a 255-page document, was only given to the defence two weeks ago after we asked for it. It took the State a year to give us the document as it was authored in June last year.”

The case has been adjourned to September for the NDPP’s decision.

The Mercury

A businessman who was kidnapped and kept in chains for 22 days in a house on KZN's South Coast has been rescued.

Durban - A businessman who was kidnapped and kept in chains for 22 days in a house on the KwaZulu-Natal South Coast by an international gang demanding R1 million, was rescued by police on Tuesday morning.

Seven suspects were arrested after raids by the National Intervention Unit, Magma Security Investigations and Himeville Police at a flat in Sol Harris Crescent, North Beach, and a house in Shelly Beach.

Police recovered R40 000 in cash and banking details which revealed the syndicate had a substantial bank balance.

Mosein Patel, 25, an Indian national, was found chained to a bed in a rented house in Shelly Beach.

He had been tortured, starved and threatened with death, police spokesman, Colonel Vincent Mdunge, said.

Patel who arrived from Gujurat with his mother, Fatima, and three brothers, in 2007, ran a family-owned supermarket in Himeville.

His father, Mehmood, who is still in India, had a heart attack when the syndicate called him to say they had his son and wanted R1 million.

Mdunge said the syndicate – which comprised mainly Pakistani nationals – were known to kidnap victims and extort money to send to their families in Pakistan.

He said it was unclear how many cases they were linked to.

The seven are expected to appear in the Himeville Magistrate’s Court on Wednesday on charges of kidnapping, theft and attempted murder.

A traumatised Patel said he was kidnapped on July 1 when two of the gang – dressed in police uniform – arrived at his shop, wanting to question him.

“They accused me of being illegally in the country. They demanded my passport and visa. They then told my family they were taking me to the station for questioning,” Patel said.

He said five minutes into the journey he was assaulted and the suspects demanded contact numbers for his family.

“They said my family needed to pay them R1 million or they would kill me. I gave them my father’s number in India.

“He told them he did not have so much money. They then demanded R500 000,” Patel said.

“My father told them he would pay them R100 000. They gave him their banking details.”

Mdunge said the family did not call the police at first.

“They paid R100 000 into the syndicate’s bank account (on the same day). But they did not release the victim. It was only then that police were alerted.”

He said a task team had worked for 22 days trying to track down Patel and the syndicate.

“With the help of Magma Security Investigations we eventually managed to bust the syndicate at 3am. The victim was found chained to a bed.”

Magma Security Investigations head, Shaheen Suleiman, said they received information about Patel’s whereabouts late last night.

Investigations led them to Camperdown, North Beach and Shelly Beach.

They arrested two suspects there and the rest in Shelly Beach.

“We are still looking at the possibility that there could be more syndicate members on the run.”

He said Patel was in “bad shape” and would require counselling.

“His family are relieved to have him back in one piece. But it was 22 days of hell for him. He was chained for the entire duration.”

Mdunge said they believed the gang was huge.

He said a year ago, a similar situation played out when an uMhlanga businessman was kidnapped.

“The gang that took him also demanded R1 million.

“Fortunately his family tipped us off immediately and we were able to find him (in Margate) within a day or two.”

“It appears that in Patel’s case it could be the same gang. The way the events played out is almost identical. This makes us believe that this is a huge syndicate operating in KwaZulu-Natal.”

Mdunge was full of praise for Constable Mike Gumede and Lieutenant Petros Mchunu, the investigators in Patel’s case.

“They are young policemen. They worked around the clock to crack this case. We are very proud of their efforts.

Daily News

A construction worker died when she was hit by a vehicle on the N3 in Cato Ridge, outside Pietermaritzburg, paramedics said.

Johannesburg - A road construction worker died when she was hit by a vehicle on the N3 in Cato Ridge, outside Pietermaritzburg, on Monday, paramedics said.

The 30-year-old woman was with a construction crew when she was knocked down near the Camperdown offramp, said ER24 spokeswoman Vanessa Jackson.

She died before paramedics arrived on the scene. Police were investigating.

Sapa

A man accused of theft and fraud left Durban court officials speechless when he appeared in the dock wearing a lawyer’s robe.

Durban - A man accused of theft and fraud left Durban Regional Court officials speechless on Monday when he appeared in the dock wearing a lawyer’s robe.

Bongani Doctor Thafeni, 32, emerged from the court cells in a black toga and armed with a black notebook. His attire had court officials looking at each other in disbelief as Thafeni confidently settled in the dock alongside his co-accused, Busani Godslove Goba, 31. Both men are from Inanda.

Said regional magistrate Blessing Msani: “It is very unusual what is happening before me today. What’s going on? Why are you wearing a court gown?”

Thafeni was quick to point out that he was not wearing a court robe, but in fact his graduation gown.

He told the court that he intended to represent himself and evidently thought he had to look the part. Not scoring marks for effort, Thafeni, a BA graduate, was instructed to remove the gown immediately.

It is alleged Thafeni and Goba had stolen a Suzuki Alto vehicle valued at R115 000 from V Rentals in Durban on July 14 last year.

Shuaib Vawda, of the car rental company, had leased the vehicle to the accused who had used a false name – that of Lawrence Matshabi.

The matter was adjourned to next week to furnish Thafeni with statements allowing him to prepare for trial.

rizwana.umar@inl.co.za

Daily News

A man accused of shooting dead a fellow worker at the King Edward VIII hospital appeared briefly in the Durban Magistrate's Court.

Durban - A man accused of shooting dead a fellow worker at the King Edward VIII hospital appeared briefly in the Durban Magistrate's Court on Tuesday.

The case against Khulekani Aubrey Ntuli, 43, was postponed until August 5.

Ntuli, who worked at the hospital, allegedly shot dead Sipho Mfayela, 54, on February 28, after he was told the results of a misconduct disciplinary appeal.

He was arrested in Hillbrow, Johannesburg, in May, after nearly three months on the run.

He faces charges of murder, pointing a firearm, and possession of an unlicensed firearm and ammunition.

Sapa

A 36-year old man accused of being the Tongaat serial rapist appeared briefly in the Verulam Magistrate's Court.

Durban - A 36-year old man accused of being the Tongaat serial rapist appeared briefly in the Verulam Magistrate's Court, north of Durban, on Tuesday.

National Prosecuting Authority spokeswoman Natasha Ramkisson said the matter was postponed to July 30 for a bail application.

Sphiwe Patrick Khoza is accused of raping and murdering three women whose bodies were found in sugar cane fields near the town of Tongaat.

The Mercury newspaper reported on Monday that the body of Phindile Ndlovu, a domestic worker, was found in Tongaat on May 31.

The partly burnt body of Philisiwe Hlatshwayo, 44, was found by sugar cane staff investigating a fire, believed to have been started by Khoza.

The body of a third woman was reportedly found on June 8. The body was burnt beyond recognition and the woman had yet to be identified.

Khoza was alleged to have strangled the women after raping them.

Residents protested outside the court.

Ramkisson said Khoza faced three charges of murder, one of robbery with aggravating circumstances, and four of theft.

He was arrested in Cape St Francis, in the Eastern Cape, at the weekend. - Sapa

Two accidents, including one in which a six-year-old girl was decapitated, have sparked violent protests by residents.

Durban - Two accidents, including one in which a six-year-old Durban girl died after she was run over by a car outside her home, have sparked violent protests by residents.

Luyanda Cele was standing at a vegetable garden across from her home in Newlands West on Sunday when a car ploughed into her and two others - 21-year-year-old Nomzamo Cele and her daughter Amanda, two - who were injured.

Luyanda, a pupil at Ndabazezwe Primary School, was decapitated.

Later that day another car crashed into a house on the same road, not far from the first incident.

Angry residents of the suburb’s Khulula housing scheme blockaded Brairdale Road with burning refuse and branches of trees.

They demanded the city introduce speed calming measures to put a stop the accidents.

On Monday Luyanda’s aunt, Rebecca Cele, said the driver lost control on a bend as he drove down the road. The car skidded on to the pavement where it struck the Cele family.

Amanda was still in hospital while Nomzamo, who had suffered injuries to her legs, had been discharged on Monday, she said.

Cele said the family had cleared a piece of land for the vegetable garden across from their home.

The area was fenced with wire and bamboo sticks.

“The car was airborne and dragged them a metre before it capsized,” she said. “Luyanda died on the spot. She was decapitated. I was in shock and I screamed when I saw her lifeless body.”

On Monday the city’s roads department blocked off Brairdale Road with concrete barriers.

The police markings were still on the road indicating the path of the car into the garden. Cele covered the blood stains, pointing out where her niece’s body had lain, not far from a car bumper and parts from the wrecked vehicle.

Police spokesman, Colonel Vincent Mdunge, said a case of culpable homicide and reckless or negligent driving was being investigated.

He said a statement had been taken from the driver but no arrest had been made.

Speaking about the second accident, resident Cynthia Mbiko, 31, said she was in the main building on her property when she heard the sound of screeching tyres.

Seconds later, a car crashed into another building on the property.

“The car was out of control. It came up the embankment and on to my house. I am glad nobody was in there at the time.”

Mbiko said she was now scared to live there but was glad the barriers had been put in place to give some protection

Mayor James Nxumalo met the Cele family on Sunday. He urged residents not to use violence and vandalism to raise their grievances.

“This situation has left us heart-sore,” he said. “Measures are already in place to prevent a recurrence of this disastrous incident. We are finalising the process of constructing speed calming measures in the area.”

Daily News

A female taxi operator charged with the attempted murder of one of her competitors has denied all knowledge of the allegations.

Durban - A woman taxi operator charged with the attempted murder of one of her competitors, who was thrown into a river from a bridge, has denied all knowledge of the allegations against her.

Mirriam Nxasana, 52, appeared in the Pietermaritzburg High Court on Monday.

Appearing with her were her co-accused, Thembalihle Nkontwana, 33, and Nhlakanipo Ngcobo, 21, who she is alleged to have hired to execute her murderous plot in November 2010.

The three are charged with conspiring to murder Nxasana’s Creighton competitor, Bongumusa Nzimande, and attempted murder.

Nkontwana and Ngcobo are further charged with robbery with aggravating circumstances and kidnapping, while Nkontwana is also charged with rape.

They have all pleaded not guilty.

The State alleges that some time prior to the incident, Nxasana suspected Nzimande of hiring someone to kill her after they had quarrelled over taxi routes.

She then allegedly decided to kill him before he killed her.

It is alleged that Nxasana approached Nkontwana and Ngcobo to execute the murder, to which they agreed.

The State alleges on November 13 Nxasana transported the men in her car to Nzimande’s home to show them where he lived.

Early the next morning the men arrived at Nzimande’s house armed with a bush knife and a hammer.

They allegedly forced the door open and found Nzimande asleep in his bed with his girlfriend.

The assailants demanded cash and cellphones from the couple and took R1 300 in cash, and their bank cards.

Nkontwana then allegedly raped Nzimande’s girlfriend, after which the assailants blindfolded Nzimande with a T-shirt, and bound his hands behind his back with rope.

They then pushed Nzimande into Nxasana’s car, which they had used, and drove the frightened taxi boss to the Umkomaas bridge, where they flung him over, still bound and blindfolded.

Nzimande survived the fall and, while treading water, managed to free his hands. He swam to safety and reported the incident.

The trial continues.

Daily News

A forensic report on corruption in the eThekwini municipality has been released to media and civil society institutions.

Durban - A forensic report on corruption in eThekwini municipality has been released to 11 media and civil society institutions, a KwaZulu-Natal official said on Tuesday.

 The 7000 page document, including annexures, was handed to the first group which successfully applied to see it under the Promotion of Access to Information Act, said co-operative governance spokesman Lennox Mabaso.

"We are pleased that the public can now make their own judgements as to the commitment of this government to... the promotion of clean governance, and the public will no longer be misled by petty politicking into thinking that the government is not transparent about its affairs," he said.

KwaZulu-Natal co-operative governance MEC Nomusa Dube released an abridged version of the report in February.

The probe was instituted after auditor general Terence Nombembe said in his 2009/10 report that the municipality had irregularly spent R532 million. It found that 10 councillors had business interests with entities which conducted business with the eThekwini municipality.

Opposition parties criticised the city when it did not release the full contents of the report last July. Democratic Alliance eThekwini caucus leader Zwakele Mncwango said its lawyers would study the report to establish if criminal charges could be laid, and make recommendations to ensure accountability and clean governance in the municipality.

Mabaso said on Tuesday: "We want to make it abundantly clear that at no point has the government harboured any intention to throw a veil of secrecy over the report or to release a watered down version of the report."

Anyone who wanted access to it could also apply to the head of the co-operative governance and traditional affairs department, Mabaso said.

"We are pleased that the public can now make their own judgments as to the commitment of this government to... the promotion of clean governance, and the public will no longer be misled by petty politicking into thinking that the government is not transparent about its affairs." - Sapa

Taxi driver Khululeka Gwala was found guilty of 12 counts of cuplable homicide by the Pietermaritzburg High Court after a 2011 accident.

Pietermaritzburg - Taxi driver Khululeka Gwala was found guilty of 12 counts of cuplable homicide by the Pietermaritzburg High Court after a 2011 accident.

Judge Piet Bezuidenhout acquitted him on murder charges and three counts of attempted murder related to the injuries of two men and a youth.

The crash took place in September 2011 on a steep road near the entrance to Pietermaritzburg in KwaZulu-Natal.

Witnesses testified that Gwala crossed double barrier lines and went onto the oncoming lane.

They testified that he was speeding to overtake vehicles, and raced around a bend which restricted vision of the road to about 60 metres.

One witness estimated he drove at over 100km/h in an 80km zone.

The taxi was licensed to seat 14 passengers.

Gwala pleaded not guilty and alleged the brakes failed, but an accident investigator found there was adequate brake fluid in the braking system which would have slowed down if he had applied the brakes in time.

Gwala was found to have side-swiped a passenger car. His taxi slewed to the right and hit a truck. The truck pushed the taxi down an embankment, and landed on top of it.

Bezuidenhout said that Gwala was not a good witness, at times giving contradictory, confusing and evasive evidence.

Bezuidenhout ordered that Gwala be detained until sentencing on Thursday. - Sapa

A search is on for a Kloof businessman, Bruce Galloway, who appears to have been abducted from his home at about 4am.

Durban - A search is on for a Kloof businessman, Bruce Galloway, 59, who appears to have been abducted from his home at about 4am on Tuesday.

Galloway, a shareholder in three Spar supermarkets, one based in Inanda and two in the Transkei, is believed to have left his home at about 4am to attend a meeting in the Transkei.

Police, private investigator Brad Nathanson and Enforce Security investigators were roped in to search for Galloway.

Talking to the Daily News from Galloway’s Kloof home, his son, Wayne, said his mother, Les, awoke at 7am to dogs barking.

“My mother was inside the house and, when she went outside, she saw my dad’s car in the driveway,” Wayne said.

The car appeared to have been abandoned along the 20m driveway.

The family discovered Bruce’s wallet in the car, and his glasses and cellphone in the bushes. Money had been taken from the wallet.

“The neighbours said they also heard dogs barking at about 4am.”

Wayne said that, although his dad did go to early meetings, it wasn’t “day specific”.

Police were at the scene and bank statements were being checked to determine where Bruce might have been taken.

“Nothing makes sense. Why take him? Everything is still here. The only thing I can think of is he traded himself to get them away from the house.”

Managing director of Spar KZN Rob Phillipson said he’d actually met Galloway on Monday and described him as a “pleasant chap”.

He confirmed Galloway had been with Spar for about five years.

Galloway is also a chartered accountant and a former sugar farmer.

“We are concerned and hope the authorities find him soon,” Phillipson said.

He said it was impossible to speculate as to why he had been taken, whether it was for personal or business reasons was as yet unknown.

According to an online farmer’s weekly report, Galloway headed the Bruce Galloway group – a large cane growing company near KwaDukuza.

He was also a former chairman and vice-chairman of SA Canegrowers.

Daily News

A local baby made medical history by having a double shunt inserted into his chest to drain dangerous fluid - before birth.

Durban - A DURBAN baby has made medical history by having a double shunt inserted into his chest to drain dangerous fluid – before he was born and while suffering from severe heart failure.

“It is a world first as far as we know,” explained Dr Ismail Bhorat, a foetal maternal specialist who was called in when the little patient’s condition became so dire that he would not have made it without the tricky and life-saving operation.

But yesterday, Suzanne Clarke, 32, and her husband, John, 34, of Doonside, near eManzimtoti, finally got to meet their son, Timothy, when he was born by Caesarean section at Netcare’s Parklands Hospital, weighing 2.65kg.

Dr Samad Shaik, a paediatric surgeon, who had carried out the pinhole surgery to insert the double shunt into Timothy five weeks ago, then clamped off the shunts and removed them.

He had performed a similar pinhole procedure on another patient, Joel Ford, before he was born last year. But whereas Joel only needed a single shunt, Timothy needed two shunts.

Clarke described his son’s operation as “mind-blowing” and said full credit had to be given to the medical team, Shaik and Bhorat as well as his wife’s obstetricians, Dr Des Sankar and Dr Mahesh Bhana.

“It was very humbling to have four people there today as well. Timothy is off to a great start.”

His wife’s pregnancy followed the couple’s nightmare of losing twin daughters who were born prematurely at 24 weeks.

The latest pregnancy was uneventful until they “hit a speedbump” at week 31.

The expectant mother suddenly developed serious pains and nearby Netcare Kingsway Hospital referred her to Shaik.

The baby had developed a rare condition, pleural effusion, associated with hydrops fetali – effectively cardiac failure. Scans showed that he was extremely swollen. There was fluid in his lungs, in his skin and around the heart.

Babies who normally have such symptoms die, but because the Clarkes had already lost twins, their doctors decided to intervene.

Bhorat said yesterday that the medical team had carried out “very spirited” discussions to consider all views. It was not possible to merely insert one shunt into the baby to drain the fluid out of one lung, because the other would have filled with even more fluid, he said.

Another issue was whether a foetus, already in severe cardiac arrest, could take the procedure. But in the event that something did go wrong, they realised they would have to carry out a Caesarean section.

The couple opted for the shunts.

The operation involved using an 18cm-long needle inserted into the mother’s side. The baby had to be moved around and the needle guided into his chest cavity.

The fluid was drained into the mother’s amniotic fluid and the first shunt was inserted down the needle.

When the needle was withdrawn, the shunt twisted at one end to prevent it sliding out, and was left in place to continue draining the fluid.

While Joel’s operation took three hours, it took just 25 minutes to insert the shunts into Timothy’s chest.

Timothy is now in the neo-natal ICU ward.

Daily News

A workers' rights activist with a will of steel has vowed to keep fighting for what she believes in, despite having faced deportation.

Durban - A workers’ rights activist with a will of steel has vowed to keep fighting for what she believes in, despite having faced deportation.

Liv Shange, 32, a member of the Democratic Socialist Movement and the Worker’s Socialist Party (WASP), remains undaunted after being refused entry into the country with her three children, after a holiday in Sweden.

She is convinced that her being barred from the country was related to her involvement in the Marikana strike protests. ANC secretary-general Gwede Mantashe claimed that the Swedes and the Irish “are a force behind the anarchy that is happening in the platinum industry”.

 “I will not be silenced or pacified by intimidation” said Shange.

Swedish-born Shange has strong Durban roots after marrying a Zulu man in 2004 (Xolani Shange) and holding an economic history degree from the University of KwaZulu-Natal.

Shange is in the country on a tourism permit, which grants her a three-month stay. She said despite several attempts to get permanent status, the applications had been rejected, leaving her “in limbo for two years”.

 On her return last week, Shange was greeted by an eager crowd, members of which had supported the “Liv Shange Defence Campaign”.

She arrived just in time for her children to get back to school, but said the strain of the past few weeks had taken its toll on them.

“My eldest, who is 14, is aware and has been traumatised at the thought that the government may be contemplating splitting her family,” she said.

 Home Affairs spokesman Ronnie Mamoepa, said he was not aware of any prohibition restraining Shange from leaving or entering the country.

Daily News

Six policemen accused of assault, sexual assault, robbery, and possession of drugs and ammunition will go on trial at the Durban Regional Court.

Durban - Six policemen accused of assault, sexual assault, robbery, and possession of drugs and ammunition will go on trial at the Durban Regional Court, the Independent Police Investigative Directorate (Ipid) said on Tuesday.

Spokesman Moses Dlamini said the six would appear in court on Wednesday.

“It is alleged that the suspects sexually assaulted one victim by forcing a broken broomstick up the victim's anus. The victim was also assaulted severely and sustained multiple injuries.”

He said it was alleged the policemen, acting in concert with civilians, robbed people in their homes and planted drugs to force them to pay them to avoid being arrested.

“Some of the victims were robbed of substantial sums of money. One of the suspects was found with dagga, other drugs and ammunition and a pellet gun. He will face additional charges of illegal possession of drugs and illegal possession of ammunition.”

Warrant Officer Kirubabhum Naidoo, 33, and Constables Bukani Mlandeli Dlamini, 29, Good-enough Dlamuka, 34, Mandlakayise Mkhwanazi, 32, Kenneth Gwala, 33, Sydwell Ayanda Gwexa, 32 - from the protection security services stationed at Cavendish - were arrested in July 2012. - Sapa

Police are trying make sense of what had happened during the mysterious disappearance of businessman Bruce Galloway.

Durban - As friends and family of missing Kloof businessman Bruce Galloway were left grappling for answers about his mysterious early-morning disappearance on Tuesday, police and private investigators were going through security camera footage to try to make sense of what had happened to him.

The 59-year-old’s cellphone, wallet, iPad and bank cards - crucial items which could be used to trace him - were left inside and on his vehicle.

This meant the eye-in-the-sky surveillance cameras in and around the area were now the best bet in searching for clues.

They are also investigating his business dealings to ascertain whether there could be any links to his disappearance.

Galloway - a former chairman of the South African Sugar Association and the SA Canegrowers’ Association - had apparently been abducted from the driveway of his Intengu Avenue home at about 3.30am as he prepared to leave for Mthatha in the Eastern Cape, where he owns a business.

His glasses were found on the 20m driveway alongside the intercom, and a patch of damaged grass has the family believing there may have been a tussle.

A newspaper delivery agent, who was said to know Galloway by name, reported that, at about 3.15am, he had seen Galloway’s car parked in his driveway with its headlights on. He had assumed Galloway was in the car.

But apart from neighbourhood dogs barking at about the same time as his disappearance and blurred CCTV footage from a neighbour showing an unknown vehicle speeding off from the house, all leads were cold.

Police cordoned off the driveway for almost four hours on Tuesday while forensic investigators took fingerprints and searched for possible leads. About 20 cars were parked along the road leading to the Galloway home as well-wishers comforted the family, hoping for good news.

Galloway’s daughter-in-law Kim said he usually travelled to Mthatha weekly, but had not gone there recently. The days of the week on which he travelled were varied.

She said Galloway’s wife, Les, noticed his car was still in the driveway at about 7am, after she went outside.

“That’s when she contacted everyone… We are shocked and trying to stay calm and supporting each other. We are just hoping for the best and hope he’ll be found soon,” she said.

Nico Potgieter, the head of Enforce’s Private Investigations, said they were trying to determine a possible motive behind the suspected abduction.

“We are viewing video footage from in and around the area and trying to establish what could have happened. We also need to see if it was related to any business dealings,” he said.

Private investigator Brad Nathanson is also investigating the incident. On his Facebook page on Tuesday he posed the following questions:

* “If Galloway was abducted, as is alleged, who knew he would be leaving home at 3am?

* “What do the abductors want as there has been no ransom demand as yet? Everything that we could use to track Galloway was left behind by the abductors, including his mobile phone and iPad.

* “Why was his car left in the driveway to alert everybody that he had been abducted?

“There has been no movement on his bank accounts. It’s as if he was abducted by aliens. Please help the family to find him,” he wrote.

Rob Philipson, the managing director of Spar KwaZulu-Natal, said Galloway owned a Spar franchise and a few Build-It shops, and had been involved with the group for about five years.

SA Canegrowers’ Association spokeswoman Jane Ferguson said Galloway joined the organisation’s executive committee in 1988, and became vice-chairman in 1995 and chairman in 1997. He then alternated between chairman and vice-chairman every two years until the end of 2008 when he retired from the organisation.

She said he had been an outstanding leader. “We are very anxious for his family and for him at this point,” she said.

Police spokesman Vincent Mdunge said they were investigating a case of kidnapping.

The Mercury

The director-general of the national Basic Education Department must explain to a disciplinary panel why he should keep his job.

Durban - The director-general of the national Basic Education Department, Bobby Soobrayan, will be forced to explain to a disciplinary panel why he should keep his job.

This follows a probe into allegations levelled against him by the SA Democratic Teachers Union (Sadtu).

Soobrayan is on special level, which is voluntary, until the hearing is complete.

On Tuesday, Sapa reported that a retired judge had been appointed to preside over the disciplinary hearing.

The Minister of Basic Education, Angie Motshekga, had asked retired high court Judge Willem van der Merwe to preside at the hearing, education spokesman Panyaza Lesufi said.

Sadtu has repeatedly accused Soobrayan of financial mismanagement and incompetence and has, in recent months, waged an aggressive public campaign to have him and Basic Education Minister Angie Motshekga axed.

But educationist Graeme Bloch has questioned whether action against Soobrayan is not diverting Sadtu’s attention from Motshekga - the union expressed its disappointment when she was not axed during the latest cabinet reshuffle by President Jacob Zuma.

In May, in an attempt to put a stop to protests which were primarily over a pay hike for Grade 12 exam markers, Motshekga made concessions which included referring allegations against Soobrayan to the Public Service Commission.

The body recommend that Motshekga bring disciplinary charges against Soobrayan.

While Lesufi would not provide details of the charges, he said these were not related to the Limpopo textbooks crisis, which was the subject of separate and ongoing investigation.

Soobrayan’s disciplinary hearing was a result of the probe into a range of allegations listed in the memorandum of demands which Sadtu served on Motshekga in April, he said.

The memorandum accused Soobrayan of failures and transgressions that included flouting the Public Finance Management Act by signing an agreement with teachers’ unions to grant Grade 12 exam markers a 100 percent tariff increase when he had not been mandated to do so, and of claiming travel expenditure over the Easter period as work-related when it was not.

Earlier this month, Sadtu vowed to ramp up its campaign to have him dismissed, after media reports quoted him as suggesting that older teachers should retire early to make room for new graduates.

“As far as we are concerned the DG must be fired for violating the PFMA,” said Sadtu’s national general secretary, Mugwena Maluleke.

However, the National Professional Teachers Organisation of South Africa (Naptosa) and the National Teachers Union (Natu) have emphasised that the disciplinary charges were not a presumption of guilt.

“There is a need to clear the air. You cannot have a senior official working under a cloud. It may be that there is no substance to the allegations,” Basil Manuel, head of Naptosa, said.

Natu deputy head Allen Thompson said that Motshekga had been obliged to act in the face of “allegations of this magnitude”.

However, Lesufi rejected suggestions that Motshekga was bowing to pressure from Sadtu, saying that she had appointed an independent body, and was affording him an opportunity to present his side of the case. She would otherwise have been accused of sweeping the issue under the carpet, he said.

leanne.jansen@inl.co.za

The Mercury

An 80-year-old woman was resting in her bedroom when she was allegedly raped by her 18-year-old neighbour, KZN police said.

Pietermaritzburg - An 80-year-old woman has been raped in her Esigodini home in Pietermaritzburg, KwaZulu-Natal police said on Wednesday.

The woman was resting in her bedroom on Monday when she was allegedly raped by an 18-year-old neighbour, Lieutenant Joey Jeevan said.

He and the woman's grandson had been watching television, but he disappeared when the 15-year-old went to make tea.

“It is alleged that he then went into his grandmother's bedroom and found the neighbour raping his grandmother,” Jeevan said. He called for help.

Neighbours assaulted the youth.

“During the assault, the suspect mentioned that he and the grandson previously raped the granny together,” said Jeevan.

Both were arrested and would appear soon in the Pietermaritzburg Magistrate's Court.

The youth was in a serious, but stable condition at a local hospital.

The woman was receiving counselling. - Sapa

Durban is locked in a dispute with the owners of the Suncoast casino over its plans to increase the size of its gaming floor.

Durban - The city is locked in a dispute with the owners of the Suncoast casino on Durban’s beachfront over its plans to increase the size of its gaming floor.

This emerged in an urgent application which came before Durban High Court Judge Themba Sishi earlier this month in which Tsogo Sun KwaZulu-Natal complained it could not take the city’s refusal of its plan on review to the high court.

This was because the law required that all internal appeal processes be exhausted beforehand and the National Building Regulations Review Board - which falls under the department of trade and industry - had still not heard its appeal, which had been lodged more than a year ago.

Tsogo Sun’s woes began early last year when it applied to the city to convert restaurant space into gaming and casino space.

The application was initially turned down because it did not include a “fire design” element. This was rectified but, at the end of February, the city again refused the application, this time citing the Integrated Development Plan drawn up in 2002 for the site, which only authorised 1 250 gaming positions.

In his affidavit before the court, Tsogo Sun’s director of legal services, Graham Tyrrell, said the next step was to appeal this to the building regulations review board, which it did in May last year.

By September both the company and the city had filed all papers and the matter was “ripe for hearing”.

But two hearings set down in November were postponed by the board.

And a third hearing, scheduled for January, was also cancelled because the contract of the chair of the board had expired.

Tyrrell said the board had said the hearing would resume “as soon as a new chairperson was appointed” and had forwarded to them an advertisement calling for nominations with a closing date of February 22.

“But since then no further communication was received. We sent a final letter in April, demanding that the hearing be heard by the end of that month, but received no response,” he said, describing it as “discourteous and constitutionally offensive conduct”.

“We have no idea whether the nomination or appointment of a chairperson did, in fact, proceed,” he said.

In the meantime, the company could not proceed with any review of the city’s refusal, or its expansion plans.

“We are losing significant revenue, we cannot appoint contractors and the costs of construction and refurbishment are escalating.

“For the board to dither and delay in this manner is not in anyone’s interest, including the public interest. It is a serious and ongoing violation of our right to administrative action... The facts show a pattern of flagrant disregard for its obligations.”

Tyrrell said “uncertainty” on this issue prejudiced investment in the province, slowed economic growth and harmed development.

“There exists a real risk that our shareholders and investors will relocate the funds earmarked for this project elsewhere with the concomitant loss to the economy of the city and the province,” he said.

An order was taken by consent, in which the board undertook to convene the hearing and to give its ruling “within a reasonable time period but no later than 30 days after the conclusion of the hearing”.

The Mercury

The Pietermaritzburg High Court has convicted a taxi driver of culpable homicide after the deaths of 15 passengers.

Durban - A taxi driver escaped being found guilty of murdering 15 of his passengers in the Pietermaritzburg High Court on Tuesday, but was instead convicted of culpable homicide for “gross negligence” in causing their deaths.

 Khululeka Bongani Gwala, 25, was also acquitted on four counts of attempted murder.

The charges arose from an accident in Dr Chota Motala Road in September 2011, when the taxi was on its way from Cramond, in the Midlands, to Pietermaritzburg.

Gwala crossed the solid barrier line and went on to the wrong side of the road when he knew it was unsafe. When he saw a truck coming towards him, he tried to avoid hitting it. The truck pushed the taxi backwards, off the road and down an embankment where the two vehicles came to a standstill.

Thirteen of the passengers died on impact. Two others died in hospital. Four were seriously injured.

Gwala maintained that the accident happened because the taxi’s brakes failed.

Acting Judge Piet Bezuidenhout rejected this. He said an expert witness testified that an inspection of the braking system indicated it had not failed.

Although the brake pads were “not the best”, they would have functioned properly had Gwala not been speeding.

“The vehicle was capable of stopping under normal driving.”

The braking system was fully operational. The judge said no criticism could be raised against the expert’s evidence and his opinion could be accepted.

The taxi owner, Nonhlanhla Mpulo, had testified that she bought the taxi, brand new, in 2007 and its holding capacity was 16, with the driver.

She had driven it herself the Sunday before the collision and the brakes had been fixed.

She added that Gwala was paid R100 a day. It was not a requirement that the taxi be full of passengers during each trip.

The judge said the evidence was that while other vehicles were in the slow-moving lanes, stuck in early morning traffic, Gwala crossed a double-barrier line at high speed, on a bend, and he could not see oncoming traffic.

“The evidence establishes he was driving recklessly, overtaking on double-barrier lines when it was unsafe to do so.”

There was also other evidence that throughout the journey, he had been driving recklessly and dangerously, disregarding traffic rules and not taking the safety of his passengers into consideration.

Judge Bezuidenhout said Gwala was not a good witness. He did not answer questions directly, or evaded questions.

Gwala, he said, had not reconciled himself with the possibility of his own death and those of his passengers.

“It can’t be found he had the necessary intent for a conviction on murder. The fact remains, he is grossly negligent.”

Sentencing is to take place on Thursday.

The Mercury