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Prepare for the Christmas break

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The year-end break is upon us, and we are even going to get an extra day of holiday.

You need to be ready for this time of year.

Firstly, your cleaner will be off for a few days’ well-earned rest.

What are you going to do about keeping your place clean, putting out rubbish bins and the like?

Will one of the owners or trustees help?

Many property owners are likely to be on holiday, which means many of the units will be standing empty for as long as a month.

What extra security are you putting into place?

At least you should have proper boundary security (electric fence/cameras) making sure that they are in full working order and that you have proper contact numbers to call out the security company if needed.

Your gate is actually the most vulnerable part of your building.

Not only do many owners and tenants simply allow people to tail gate or walk in, but if it breaks are you able to get hold of the repairman or his replacement if he is on leave too?

It would be a good idea to send around a newsletter to all owners and tenants to make them aware of these arrangements.

If you have a managing agent, what is their arrangement for afterhours emergency calls for burst pipes and blocked drains?

People who have empty homes while they are on holiday would be well advised to leave a contact number where they can be reached if something does go wrong.

Preferably, leave a spare key with a neighbour should it be necessary to go into the unit in case of burst pipes, or power failures, to clean up damage or repair something.

Each owner and tenant must make sure that their insurance is up to date before they leave, especially that their premiums have been paid.

Alarms should be tested with the armed response to ensure that they are working and make sure that the guards have your current phone number.

If you handle all these tasks properly you will be able to go away without worrying about what’s happening at home.

  • Mike Spencer is the founder of Platinum Global, a professional associated property valuer and consultant with work across the country as well as Eastern Europe and Australia. mike@platinumglobal.co.za

Free State road crash claims 13 lives

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At least 13 people have died following a motor vehicle accident on the N1 between the Verkeerdevlei Plaza and Winburg in the Free State province in the early hours of Monday.

In a statement, the provincial Department of Police, Roads and Transport said it is believed that around 03:25am a truck collided with a taxi on the N1, 17 kilometres before the Verkeerdevlei Plaza on the way to Winburg.

Thirteen people were declared dead on the scene, according to the department.

Two passengers were critically injured while one sustained minor injuries and they were taken to the Pelonomi Hospital in Bloemfontein.

The south-bound lane was immediately closed and traffic officials had to redirect traffic to avoid long waiting periods for motorists.

Transport MEC William Bulwane was quoted in the statement as saying it is a pity that the festive season has started on such a sad note in the Free State province.

He urged motorists to “drive with extra caution during this time of year since our roads are already extremely busy as we are approaching the peak of the festive season”.

Meanwhile, the SABC reports that the truck driver, aged 47, has been arrested.

Free State Emergency Medical Services spokesperson Sipho Towa told the news channel that the truck drove into the taxi.

The taxi driver is among the deceased. – Staff Reporter

Bloemfontein police probe cause of fire at China City Mall

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Bloemfontein police have opened an inquiry into the cause of the fire that broke out at Samson’s Building, popularly known as China City Mall, on Monday night.

No casualties have been reported but the fire is said to have caused extensive damage to the building which is situated at the corner of Charlotte Maxeke and Fitchardt streets in the city centre.

Police spokesperson for Mangaung Lieutenant Colonel Thabo Covane said in a statement police on patrol at about 7pm on Monday noticed smoke coming from the rooftop of the shopping complex and decided to investigate.

“The Fire Brigade . . . was called to the scene and arrived to fight the raging fire throughout the night,” said Covane.

“The extent of damage caused by the fire is still unknown. Forensic science laboratory fire investigators are expected to visit the scene to . . . determine the cause and extent of the fire damage,” he added.

City authorities say the fire was extinguished at about 12.40am.

Fire Services have advised those in nearby buildings not to open for business as there is still smoke coming from the razed mall as such smoke can be very harmful to people or destructive to property due to elemental chemical by-products. – Staff Reporter

Alleged tax-dodging pair released on bail

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Two businessmen from Gauteng were released on bail of R10 000 each, after they appeared in the Bloemfontein Magistrates Court facing 35 counts of tax fraud.

Khothatso Isaac Moletsane, 48, and Tumelo Peter Moletsane, 54, were charged together with their company, Mol Pro Consulting (Pty) Ltd, for allegedly defrauding the South African Revenue Services (SARS) of approximately R116.7 million by under-declaring the trading activities of their company.

According to the state, between December 2011 and May 2019, the two businessmen, who were the directors of Mol Pro Consulting, allegedly submitted nil returns to SARS on behalf of their company by misrepresenting their trading activities.

Between February 2014 and September 2016, they under-declared the value-added tax (VAT) income of the company when they allegedly submitted their company tax returns, prejudicing SARS of an amount of approximately R34.5 million.

Both the VAT and the company income tax were submitted through e-Filing.

The company had, however, done business with the municipalities and government departments and the money was deposited into the bank accounts of the company.

Between July 2017 and February 2019, they under-declared the trading activities of the company when they allegedly submitted VAT 201, and this prejudiced SARS of an amount of R7.7 million.

In 2018, they allegedly declared a nil return when they submitted the company’s income tax returns, whereas the company traded and received a total of R61.2 million and the income tax that was due to SARS was R17 million.

This was not paid because of the misrepresentation.

In February 2019, when they submitted the VAT returns for the company, they allegedly over-stated the input tax and prejudiced SARS of an amount of R33.7 million.

They allegedly under-declared the VAT income and income tax of their company and overstated the tax returns submitted to SARS with the intention of evading the payment of the VAT and the company’s income tax that was due and payable to SARS.

The total amount involved is R116.7 million, made up of R83 million of actual prejudice and R33.7 million of potential prejudice.

The case against the accused was postponed to 16 March 2023 for representations to the National Director of Public Prosecutions.

Cops sentenced for creating ‘safe passage’ for illegal immigrants from Lesotho

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Two former Free State policemen who created a safe passage for illegal immigrants from Lesotho to enter South Africa without proper documents, have been found guilty.

Phillip Molefi Mofokeng, 57, and Kgeola John Mofokeng, 41, were convicted and sentenced for corruption by the Bethlehem Magistrates Court on Wednesday.

“Their conviction originates from the incidents which took place in 2012 where two former police officials were allowing illegal immigrants from Lesotho without proper documents to enter the country, after charging each of them R150.

“The matter was then reported to the Hawks’ Serious Corruption Investigation team based in Bloemfontein for further investigation. They appeared in court on several occasions culminating in the recent conviction,” said Hawks spokesperson, Warrant Officer Fikiswa Matoti.

John Mofokeng was sentenced to a fine of R40 000 or six years in prison and Phillip Mofokeng R8 000 or five years in jail.

“Sentences are wholly suspended for five years and both accused were declared unfit to possess a firearm in terms of the Firearms Control Act,” Matoti said. – IOL

UFS renames infamous Reitz, four other residences at campus

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More than a decade after becoming the scene of an infamous video in which black workers were tormented by white students, Reitz is among the five residences that the University of the Free State (UFS) has renamed at its Bloemfontein campus.

It will now be known as Toa Mageuzi, a Kiswahili phrase meaning towards progression, evolution or transformation.

The UFS announced the name changes on Thursday,

Reitz became infamous in 2008 when white students – later known as the Reitz Four – plunged South African race relations into crisis after they made an “initiation” video which showed five black workers being forced to eat food that appeared to be soaked in urine at the hall of residence.

Although the UFS did not make any reference to the incident, it said the move to rename some of its buildings was necessary to “express the university’s commitment to courageously grapple with its shared past, present and future”.

The university said it was looking to become “an institution where its diverse people feel a sense of common purpose and where the symbols and spaces, systems and daily practices all reflect a commitment to openness and engagement”.

“It is in this context that the names and symbols of all 36 residences on the Bloemfontein campus have been reviewed to ensure that the institutional culture and spaces contribute to an inclusive sense of belonging,” UFS rector and vice-chancellor Professor Francis Petersen said, adding the process was started in 2021 through the university’s naming committee.

The institution said the changes were informed by its naming and renaming policy, which “recognises that the names bestowed on its assets must sustain a harmonious balance between descriptive functions, the university’s origins, the rich history and heritage of the UFS, and the constitutionally democratic society it is designed to serve”.

“The renaming process of the five residences included a variety of activities, all of which focused on building and implementing an engagement and consultation process with the various stakeholders and role player communities,” Petersen said.

The UFS said during the renaming process, an important approach was to balance the social justice and multilingual agenda of the university.

Therefore, the new names reflect not only some of the languages mainly spoken at the UFS – English, Sesotho, Afrikaans, and isiZulu – but also languages such as isiXhosa, Kiswahili and the use of a name that recognises the Khoisan heritage of the Free State.

Here are the name changes approved by the UFS council during its meeting on 25 November:

Residence Name New Name Meaning
Abraham Fischer Abraham Fischer-Boetapele In Sesotho, ‘Ntlo ya Boetapele’ means ‘The House of Leadership’
Kiepersol Imvelo-Yesizwe isiZulu, meaning ‘Building the Nation’
Reitz/Mia Casa Toa Mageuzi Kiswahili, meaning ‘Towards Progression/Evolution/Transformation’
President Steyn !ke e: /xarra //ke-President Steyn !Xam, meaning ‘Unity in Diversity’
Boomplaas Intsika-ye-Khaya isiXhosa, meaning ‘Heart/Pillar of the Home’

“The renaming process is an important milestone for the UFS as it symbolises and celebrates the courage and vision of the university community for its commitment to transformation and for participating in a process which aims at producing a names and symbols environment in which all can experience belonging,” Petersen said. – Staff Reporter

Ramaphosa’s future as SA president in doubt over ‘farmgate’ scandal

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President Cyril Ramaphosa’s future as South Africa’s leader is hanging in the balance after a report by an independent panel said he abused his position and may have broken the law in connection with a large sum of cash stolen from his game farm.

He is now facing a possible impeachment threat over the ‘farmgate’ scandal, with his party, the ANC, expected to meet this Friday to discuss the findings.

Ramaphosa has been accused of covering up the theft of about R60-million from his Phala Phala game farm in Limpopo in February 2020.

The issue only came to light in June this year when South Africa’s former spy chief, Arthur Fraser, walked into a police station and accused the president of money laundering, corruption and covering up a large theft of cash.

On the back of Fraser’s affidavit, a small opposition party, the African Transformation Movement, lodged a motion in Parliament asking to institute a so-called Section 89 inquiry into Ramaphosa’s fitness to stand office.

This prompted the speaker of Parliament to appoint a panel of experts to probe the issue.

The panel’s report, which came out on Wednesday, found that Ramaphosa abused his position and may have broken an anti-corruption law.

The president has denied any wrongdoing and has not been charged with any crimes.

He said the money was from selling buffalo and that only US$580 000 in cash was stolen.

The report however raises several uncomfortable questions for Ramaphosa – who came to power on the promise to fight corruption – including why he was stashing the cash inside a sofa and why the theft was not reported to the police.

The findings have led to calls for the president to resign.

His meeting with provincial lawmakers, planned for this Thursday, was postponed to give him time to study the report.

The scandal could be disastrous for his political future, with the findings coming at a time Ramaphosa is less than a month away from a party conference which will decide if he can run for a second term with the ANC in 2024. – Staff Reporter

Deputy minister reprimanded for receiving R170 000 from Free State asbestos scandal ‘kingpin’

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Parliament has reprimanded Deputy Minister in the Presidency Pinky Kekana for failing to declare the R170 000 she received from controversial businessman Edwin Sodi, who is at the centre of the Free State asbestos project scandal.

She was censured during the National Assembly’s plenary sitting on Wednesday.

This follows the adoption by the National Assembly of the report of its joint committee on ethics and members’ interests.

The committee’s report recommended that Kekana be reprimanded in the House after she was found to have breached the code which requires her to declare financial benefits to Parliament.

The deputy minister was investigated by the committee after she was implicated in the Zondo Commission report in relation to the Free State asbestos project.

In the audit of transactions, it was found that she had received two payments – one in 2015 and another in 2017.

“The Speaker of the National Assembly referred to the ethics committee to process a matter that concerned part 4, volume 2 of the Judicial Commission of Inquiry into State Capture Report, which focused on the Free State asbestos project and R1 billion housing project debacles,” a statement released by Parliament on Wednesday night said.

“The commission’s report highlighted that Ms Kekana received R170 000 from Blackhead Diamond Hill Joint Venture, through Mr Sodi, without clear evidence that she had provided any goods and/or services to justify the payment. Ms Kekana acknowledged that she did receive the money.”

Kekana asked the committee to keep confidential the reasons for receiving the money.

Sodi is facing charges in the asbestos matter alongside former Free State premier and suspended ANC secretary-general Ace Magahule.

The other accused in the case are Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Kgotso Manyeki, Sarah Mlamleli, Nozipho Molikoe, Albertus Venter, Moroadi Cholota and Margaret-Ann Deidericks.

They are facing charges of fraud, corruption, money laundering and contravention of the Public Finance Management Act.

The charges relate to a R255-million contract that was awarded by the Free State Department of Human Settlements to the Blackhead Diamond Hill Joint Venture to audit, assess and remove asbestos from houses in some of the province’s poorest areas, about six years ago. – Staff Reporter

Man serving life for raping toddler set free after trial record vanishes

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The Free State High Court has set free a man serving a life sentence for raping a three-year-old girl after a record of his trial proceedings could not be found.

Neo Dennis Mofokeng was jailed on 12 June 2012 after the Frankfort Regional Court found him guilty of molesting the toddler.

However, he lodged an appeal against both his conviction and sentence contending that the state had failed to prove its case beyond a reasonable doubt.

The appeal was set down for hearing on 14 November this year.

However, the High Court found itself in a predicament where it could not consider the appeal because the record of proceedings in the trial court was not available.

The only documents that were presented before the Bloemfontein-based court included a copy of the charge sheet and a copy of the medical report relating to the child complainant.

Documents concerning the collection of forensic evidence for DNA purposes and a victim impact report by a probation officer were also availed.

But the record of the proceedings itself, particularly of the evidence presented before conviction, was absent.

In an affidavit presented to the High Court, Petunia Esterhuizen, an administrative officer responsible for ensuring that transcripts and records are prepared and completed before an appeal is enrolled, stated that, in this case, the full transcripts could not be prepared because the recordings could not be traced.

She said they were probably destroyed in a fire at the Heilbron Magistrates Court on 16 February 2015.

The magistrate who presided over Mofokeng’s case has since retired and does not have his trial notes anymore.

The appellant’s legal representative at the trial and the prosecution were also unable to assist with any trial notes.

Unable to proceed with the appeal hearing due to the unavailability of the trial record, Judge Phillip Loubser was left with no choice but to uphold the appeal, thereby setting aside Mofokeng’s conviction and sentence.

“It appears from the authorities that in similar circumstances, where the records of proceedings were not available and could not be reconstructed, the appeals by those affected were upheld and the convictions and sentences set aside,” the judge said in his ruling handed down on 17 November.

“The position is therefore that the same route has to be followed in the instant appeal.”

The state agreed this was the only available option in the circumstances.

“However, it does not mean that the appellant will simply be entitled to an acquittal,” Judge Loubser said.

“Section 324 (c) of the Criminal Procedure Act  provides that whenever a conviction and sentence are set aside by the court of appeal on the ground that there has been any technical irregularity or defect in the procedure, proceedings in respect of the same offence to which the conviction and sentence referred, may again be instituted on the original charge, suitably amended where necessary, or upon any other charge as if the accused had not previously been arraigned, tried and convicted, provided that no judge or assessor before whom the original trial took place, shall take part in such proceedings.

“The absence of any record of proceedings qualifies as a technical irregularity or defect in the procedure. The provisions of Section 324 (c) are therefore applicable.”

The matter has therefore been referred to the Director of Public Prosecutions, Free State, for consideration in terms of Section 324(c) of the Criminal Procedure Act.

Judge Joseph Mhlambi concurred with the orders. – Staff Reporter

Zuma ordered back to jail after court rules his release was unlawful

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The Supreme Court of Appeal (SCA) in Bloemfontein has ruled that the decision to release former president Jacob Zuma on early medical parole was “unlawful” and that he should return to prison to finish his sentence for contempt of court.

Zuma was last year handed a 15-month prison term after he ignored a court order to testify at a government inquiry into widespread corruption during his time at the helm of the government.

However, he served only two months before he was in September last year released on parole for medical reasons that remain unclear.

But, in December, the High Court set aside the parole decision and ordered him to return to jail, prompting Zuma to appeal that ruling.

In a judgment handed down on Monday, the SCA ruled that Zuma’s release was unlawful.

“This court has now determined that Mr Zuma’s release on medical parole was unlawful,” the SCA said.

“In other words, Mr Zuma, in law, has not finished serving his sentence. He must return to the Escourt Correctional Centre to do so,” it added, referring to a jail northwest of the city of Durban.

The SCA took issue with a claim by the Department of Correctional Services that Zuma’s sentence had ended in October while the appeal was still being heard.

It also found that the decision by the former national commissioner of correctional services to grant Zuma medical parole against the advice of the Medical Parole Advisory Board, a specialist body, was unlawful.

“On any conceivable basis, the commissioner’s decision was unlawful and unconstitutional. The High Court was correct to set it aside,” the SCA said in its judgment. – Staff Reporter