Kuruman Chronicle Newspaper

05/12/2023

Two sentenced for trading in protected species

Springbok - Benedict Beukes (28), and Quinton Steenkamp (30) have been sentenced by the Springbok Regional Court to 8 years direct imprisonment of which 2 years were suspended after they were convicted of Contravening Section 50 of the Northern Cape Nature Conservation Act 9 of 2009. The two years were suspended for 5 years on the condition that the accused were not convicted of contravening Section 50 of the Northern Cape Nature Conservation Act 9 of 2009(NCNCA 9 of 2009) within the period of Suspension.
On 01 December 2020 Member of the South African Police Service, Captain Karel Du Toit Commander of the Springbok Stock Theft and Endangered Species Unit received a message from a person who identified himself as Quinten. It was clear from the message that Quinten wanted to sell protected plants and he even sent pictures of plants in nature as well as plants already harvested. On 03 December 2020 application was made for a Section 252A operation and on 4 December 2020 Authority to conduct such operation was granted.
The accused continued to inform Captain Du Toit of the type of protected plants he has, and they agreed on the amount that would be paid per plant. An agreement was reached for the deal and an arrangement was made that the deal would take place on 20 December 2020, 40 kilometres from Springbok on the N7 National Road. An operational team was put together and was agent was activated to conduct the deal. On 20 December 2020, the two accused were picked up by the agent in Spoegrivier where they reside. They had the plants in their possession, and it was placed in the Bakkie. They drove along the N7 en route to Springbok. As per the arrangement, the agent stopped the bakkie along the way indicating that he was going to fetch the money. He locked the doors of the bakkie with both the accused inside, where both accused were arrested and charged with contravening section 50 of the NCNCA 9 of 2009. Due to overwhelming evidence against the accused, On 22 February 2022, both accused pleaded guilty to dealing in Protected plant species namely 900 Conophytum pellucidum worth R13 500,00 and 2464 Conophytum Pagea worth R86 240,00 and they were subsequently convicted as charged.
In aggravation of sentence, Regional Court Prosecutor Basil K**k led evidence by calling Captain Karel Du Toit and Pieter Van Wyk to testify. Captain Du Toit was able to provide statistics as to the alarming rate at which these types of crimes are increasing. He further testified that the poaching of the plants is mainly for the overseas market where possessing these plants is seen as a symbol of success. He further testified that the main culprits were usually people from China and other international places. However, after successfully apprehending those culprits, they started to use local people like the 2 accused to poach the plants. He further highlighted the fact that it is extremely difficult to catch these poachers as they work in very sophisticated syndicates. Emphasis was also led, that the local people are easily drawn into these networks because of poverty and unemployment. It was also mentioned that the government has embarked on numerous campaigns to sensitise the communities about these crimes so that they can abstain from committing them.
During his evidence in chief, Pieter van Wyk who works at the Richtersveld National Park and is also an expert in the field of plants, testified as to the effect that the poaching of plants has on our ecosystem. He highlighted the fact the poaching of large quantities of these protected plants may lead to the extinction thereof. He also testified that the poachers do not only poach the plants, but in the process of doing that they destroy the environment in itself and that it effectively has a chain reaction. Mention was further made that even if the plants are confiscated by the police as in this case, it is not guaranteed that all of them will or can be successfully rehabilitated. Explanation was also given as to how the value of the plants is determined.
In sentencing, Regional Court Prosecutor K**k argued that the seriousness of these offences can be seen in the fact that Section 50 of the Northern Cape Nature Conservation Act 9 0f 2009 (NCNCA 9 of 2009) was promulgated to try and curb the prevalence of these offences. The act provides for a sentence of a fine or not more than 10 years imprisonment or both a fine and imprisonment if convicted of these offences. Emphasis was laid on the fact that if these plants become extinct, what will be left as heritage to our children? Submissions were made that the poachers show no regard to nature, because they are only fueled by greed, and therefore our court should show no mercy to them.
On 20 April 2023, the prosecutor Mr K**k was caught by surprise, when the magistrate indicated that the plants the accused were convicted of dealing in, were not named in the list of plants contained in the NCNCA 9 of 2009. The state recalled Pieter van Wyk, to testify to that as much aspect. Pieter van Wyk explained that the Conophytum plants fall under a family called Aizoaceae, which is contained in the act, the Regional Court Mbalo still maintained that there is a lacuna in the legislation. She therefore entered a plea of not guilty in terms of Section 113 of the Criminal Procedure Act 51 of 1977. The prosecutor, Mr K**k asked the magistrate for full reasons for her decision as he intended to take the matter on appeal. On 20 May 2022, the magistrate gave her reasons, and the accused was found not guilty and discharged.
K**k aggrieved by the decision of the magistrate contacted the office of the DPP in the Northern Cape and explained the situation to them. Steps were immediately taken to take the matter on appeal. In the meantime, all the matters where Conophytum plants were involved were temporarily withdrawn in the fear that they may suffer the same fate. Subsequently, the matter was taken on appeal.
In a scathing judgment delivered on 9 June 2023, the High Court found that there was no basis for the magistrate to alter the plea. The court ordered that the appeal succeeds and that the decision of the magistrate to discharge and acquit both accused in terms of section 174 of the Criminal Procedure Act 51 of 1977 is set aside and that the matter be remitted to the magistrate who was directed to reopen the trial proceedings against both accused and to proceed with the further hearing thereof.
The accused were subsequently sentenced to 8 years imprisonment of which 2 years were suspended on condition that the accused is not convicted of contravening the provisions of Section 50 of the Northern Cape Nature Conservation Act 9 of 2009 within the period of suspension. Both accused were also declared unfit to possess fi****ms. [email protected]

22/11/2023

High court orders SARS to pay withheld public servants their 2.3% salary increase
Tshwane - The Public Servants Association (PSA), representing more than 5 200 employees of the South African Revenue Service (SARS), recorded a significant legal triumph as the Pretoria High Court ruled in favour of the PSA in the case against SARS.
The PSA initiated legal action after SARS failed to fully implement a three-year multi-term salary agreement in 2021. In a landmark decision handed down on 22 November 2023, the High Court affirmed the validity of the collective agreement and mandated that SARS must implement the 2.3%-salary increase with retrospective effect from 1 April 2021. The ruling underscores the Court's commitment to upholding the terms of employment agreements and ensuring fair treatment of public-sector employees. The High Court also ordered SARS to pay the PSA’s legal fees in this regard.
The PSA views this ruling as a resounding victory for the Union’s members and a reinforcement of the principle that contractual commitments must be honoured consistently. The PSA remains steadfast in its dedication to advocate for the rights and interests of its members, fostering a fair and equitable work environment.
The PSA calls on the Commissioner of SARS to implement the 2.3%-salary shortfall without any further delays and not to waste taxpayers’ money any further by lodging a review application. In another move, The Public Servants Association (PSA) condemns the unilateral decision by the Government Employees Medical Scheme (GEMS), to increase its medical-aid fees for 2024 by 9.5%.
GEMS was approved by Cabinet in 2002 and registered on 1 January 2005 to provide healthcare needs for qualifying public servants. Its mandate was to create affordable and accessible medical services and products for public servants. GEMS currently serves more than 760 000 main members and two million beneficiaries.
This sharp increase will worsen public servants’ financial conditions, with most of them not being able to afford the exorbitant medical fees charged by GEMS. The fee increase is above the salary increase received by public servants in 2023. The PSA vehemently objected to the decision and raised frustration with the unreasonable increase at the Joint Working Committee meeting of the Public Service Coordinating Bargaining Council (PSCBC). The PSA urged GEMS to request its board to reconsider this increase. The PSA further advised GEMS to consider using reserve savings obtained during the COVID-19 pandemic period to provide relief for vulnerable members.
The PSA will call an urgent meeting of the PSCBC to further engage on this matter. The PSA believes that PSCBC Resolution 1/2006, which established GEMS, must be reviewed. Proposed amendments to the said collective agreement will be tabled to allow unions more powers to influence decisions on future fee increases. The PSA will further advance a proposal to increase the number of medical schemes under the collective agreement. There should be competition amongst various medical schemes to provide affordable and accessible medical-aid products for public servants. The medical-aid scheme for public servants should not be monopolised going forward. [email protected].

22/11/2023

John Fikile Block placed on parole

Upington - The Department of Correctional Services (DCS) confirmed the parole placement for John Fikile Block, effective from today.
Block was sentenced to 15 years’ imprisonment for corruption and money laundering on December 6, 2016.
The department said the parole placement decision was taken by the Correctional Supervision and Parole Board (CSPB), following Section 73 of the Correctional Services Act.
Block is a former Northern Cape ANC chairperson.
Two weeks ago there were rumours that Block would be released. However, the DCS dismissed the rumours.
Offender Rehabilitation Path played an important role when the inmate’s suitability for parole placement was being considered by the CSPB.
“Block was an active inmate, having participated in a number of correctional programmes, and went on to obtain a diploma in business management. Reports by the specialists are part of the material submitted to the CSPB as they provide details in terms of the inmate’s readiness for social reintegration,” said DCS spokesperson Singabakho Nxumalo.
He said Block benefited from the special remission of sentences of 2019, 2020 and 2023, thus bringing forward his minimum detention period to September 13, 2023.
Nxumalo said this also took into consideration the special remission of sentence for meritorious service as per Section 80 of the Correctional Services Act.
“Block will complete the remainder of the sentence in the system of community corrections and will be subjected to supervision in compliance with parole conditions until his sentence expires on June 26, 2029,” said Nxumalo.
Meanwhile Block, a former MEC of transport, roads and public works in the Northern Cape, made a brief appearance before Kimberley Magistrate’s Court on October 9 with his co-accused, the former head of the department, Patience Mercia Mokhali, and Babereki Consulting Engineers CC and company director Tshegolekae Motaung.
The accused are facing several charges which include fraud, money laundering, corruption, and contravention of the Engineering Professions Act. The matter relates to the Kimberley New Mental Hospital case.
It is alleged that, in 2003, Babereki Consulting Engineers CC was fraudulently awarded a tender as a structural and civil engineer as well as a project manager within the mental health hospital construction project.
It is also alleged that the accused, as the political head, and Mokhali appointed Babereki Consulting Engineers CC, whose director is Motaung, even though the company did not meet the requirements.
The amount involved is about R51 million.
At their appearance, Block, who is accused number two in this matter, indicated to the court that he would be applying for Legal Aid representation. Accused one, Mokhali, and Motaung informed the court that they would be represented by a new legal firm in future.
The matter was postponed to February 8, 2024, to allow Block, who was committed in custody at the Upington Correctional Centre, to apply for legal aid. [email protected]

13/07/2023

Keystone Medical Group rolls out ‘Screen Her Save Her’ mobile mammography screening unit in three locations
12 July 2023: The incidence rate of breast cancer among South African women currently accounts for over 23% of all cancer cases. But, as evidence suggests, much of the pain, suffering and loss of life associated with this debilitating disease, can be prevented through early detection. In a bid to make breast cancer screening accessible to more of our country’s women, Keystone Medical Group has partnered with NGO, SCREEN HER SAVE HER to bring a mobile screening unit to three outlying areas.
Commenting on this is Rosa-Marie Cox-Cronje, Director of Screen Her Save Her, who explains that: “Statistics collated by the South African government suggests that about 90% of breast cancer patients survive many years after diagnosis when the cancer is detected during its early stages. By taking a proactive stance in the fight against breast cancer, we can greatly reduce the related treatment burden and most importantly, save lives.
With the mobile mammography screening unit, we aim to provide women with a safe, out of hospital environment for reliable screening. As in previous years, we will be targeting women who typically need to travel long distances to access this level of screening.”
Mammograms and breast ultrasounds are painless examinations that take around 30 minutes to complete. These measures, supplemented by regular self-examinations, have been found to drastically increase the likelihood of detecting breast cancer in its earlier stages and initiating the appropriate treatment.
As Cox-Cronje concludes: “Initiatives that support women in accessing the right amount and level of medical care, as a way of avoiding the devastating impact of breast cancer, are an integral step towards building a healthier nation. We look forward to welcoming women within the three areas and providing them with the insight and guidance they need to live long, fulfilled lives.”
The mobile breast screening unit will be located at the following destinations:
• Kathu until 21 July 2023
• Upington form 24 July to 4 August 2023
• Langebaan form 7 to 16 August 2023
Screenings will be made available to both public patients and those with medical aid policies. A limited number of screenings for women who cannot afford the cost involved, will be offered by SCREEN HER SAVE HER, on a first-come, first-served basis.
Appointments can be pre-booked online via this link: https://calendly.com/ks-med or via the telephone line: 087 055 0587 (option 5).

12/07/2023

12/07/2023

Chaos in various municipalities undermines service delivery
The ANC and several opposition parties appear to be planning to work together to introduce measures to reduce the chaos in local government. However, these are changes that may work for the insiders — those who have political power. And this would be at the expense of voters. But there is now one example, in eThekwini, where residents may have some power over their council during a possible window of local government reform.
On Sunday, 9 July, the ANC’s national executive committee reported back on its discussions about trying to improve governance in local councils. This is after the chaos in several metros, with Joburg having nine mayors in eight years, a mayoral merry-go-round in Tshwane, and huge issues in Nelson Mandela Bay.
The party is also preparing to meet opposition parties at an event in the Western Cape next month.
The ANC’s measures have all been proposed in one form or another in the recent past.
They include imposing a threshold that would allow parties to be represented in a council (or even a legislature or Parliament in the future) only if they win more than 1% of the vote; allowing only a certain number of confidence motions a year, and changing the law to prevent a new mayor from unilaterally changing policies without public consultation.
As has been pointed out previously, every measure has consequences.
Cogta minister Thembi Nkadimeng told SAfm on 10 July that if a 1% threshold was imposed, it would reduce the number of parties represented in eThekwini from around 25 to just seven. In Joburg, it would go from nearly 30 parties to fewer than 10.
This, she suggests, would make it much easier to govern.
This is true. But it would only make it easier to govern for those who stand to win from this. And all the parties involved in making such a law would stand to benefit as they are the more established parties.
Also, as Prof Steven Friedman pointed out on Monday morning, it is “an attempt to fix political problems by tweaking the law… by taking democratic choices away from people”.
More bluntly, he suggests that this is also parties “electing mayors and then wanting to remove them”.
This is, of course, a reminder that while the ANC may be proposing a threshold now, it is only because the ANC voted for Kabelo Gwamanda that he is currently the mayor of Joburg. His party, Al Jama-ah, won 0.95% of the vote in that council in 2021.
While it may be tempting to reduce the number of parties in a council, Friedman’s point must be correct. It must be less than democratic to do this. And in the end, the established political parties should not be able to implement this without some form of consultation.
Another proposal, to limit the number of confidence motions in mayors every year, also has consequences. As previously noted, it would mean a person could be elected mayor, evidence of their wrongdoing could emerge, and it could be impossible to remove them. Or the coalition they lead could collapse, and it could be impossible for her to govern. And this situation could then not be resolved for nearly a full calendar year.
Another proposal which could get broad support from the established parties is to extend the amount of time parties have to form an administration.
Currently, it is only 14 days. But once the election results have been properly counted and everyone has assessed their situation that usually means there are only a few days for people to properly negotiate.
In the past, this has led to a frenzy of activity behind closed doors.
But, as Friedman and others have pointed out, while it is probably correct to give more time to parties to form a coalition, there would also need to be agreement on what would happen in the council during this period.
Who would govern? It is unlikely that most parties would agree to the previous incumbent remaining in the administration, particularly as it would lead to situations where those in office could be negotiating with a party that has won more votes than them, and could then be accused of abusing their power of incumbency in those talks.
It is also unlikely that parties would tolerate a situation where a city manager or other official could be in charge.
First, it would be undemocratic to have someone who is not elected in charge of a city. For the parties, with their much narrower agenda, they would be unwilling to give up power to an official, even if it was only for a short period.
And, considering how inherently political the appointment of a city manager could be, parties may not trust a person in that position appointed by another party.
While it is not certain how these negotiations will proceed, an important window for local government reform may be now open. And that could lead to calls for other changes, such as a discussion about whether mayors should be directly elected.
It is likely that the established parties will resist that, and that the real scope for reform is quite limited. And that limit is imposed, really, by the parties with political power at this moment.
However, some residents may still be able to reach through this window and force some change.
In eThekwini, the Westville Residents Association (WRA) has said its members will refuse to pay their rates because they were not consulted about recently imposed increases. Technically, this is probably illegal. Residents are not allowed to withhold rates, particularly for the services they consume, such as water and electricity.
However, the chair of the WRA, Asad Gaff, suggests that, in the real world, his members may have some power in this situation.
Normally, the first response of a council to a ratepayers’ boycott would be to cut off their electricity. But, many customers have become used to living without electricity, and many now have other sources of power.
To cut off water is much harder than cutting off electricity, as it is considered a constitutional right.
Also, Gaff believes that eThekwini is now so short of cash that it cannot survive a month without the rates paid by his members. This provides a fascinating moment where some residents could use this power to extract concessions from a council.
Of course, it can be highly problematic: it could mean that the Padel-ing classes can extract more from a council than the poor. Which could force a council to treat its richer residents better than its poorer ones.
But the people who do this could also, perhaps, use their financial muscle to force a council to govern better. In other words, they could make a council manage its money more effectively.
All of this suggests that this is a moment in which the way our councils are managed could be about to change significantly.
But this will probably benefit the political parties who have power now, unless there is enough activism from residents, ratepayers and activists to ensure voters are properly heard in these changes.

28/06/2023

Financially-strangled SANDF to change uniform
The South African National Defence Force (SANDF) is in financial trouble with ageing hardware, weaponry and uniforms. But even though South African soldiers’ gear is overdue for an upgrade, eyebrows are sure to be raised at the proposed price tag: almost R55, 000 per soldier for the new kit.
Appearing before Parliament on 7 June 2023, Major-General Sean Stratford gave MPs an update on a project which has been in planning for the past few years: the upgrade of South Africa’s military uniform.
But although the plan to procure fresh army uniforms is not news, the proposed price tag very much is.
Stratford told MPs that the projected “costing for full roll-out” would amount to almost R3.5-billion. His presentation specified that there are currently 55,173 soldiers to be clothed, including reserves, which means that the cost of the new uniforms per soldier works out to close to R55, 000 per person.
The roll-out of the new uniforms is only projected for the fourth quarter of the 2025/2026 financial year.
The Department of Defence and the SANDF did not respond to repeated requests for comment over a two-day period this week.
In Stratford’s parliamentary presentation, he laid out some of the problems with the existing SANDF kit. Of particular concern are the current soldiers’ boots, which are presenting challenges, including poor waterproofing, “hardening of the leather when dried after getting wet”, and failed stitching, meaning that the heels easily detach from the soles.
Then there is also the problem that the “wearing of the boots for extended periods results in fatigue of the feet”.
Stratford acknowledged in his presentation that multiple items of the old uniform were still available for use, including 31,000 pairs of trousers and 34,669 short-sleeved shirts. These items were procured before 2012, however, and are “either too small or too big”.
In June 2021, when news of the planned uniform upgrade appears to have been first reported, one of the other issues attributed to the old uniform was that its fit was not “female-body-profile friendly”.
At the time, newspapers reported that the military uniform improvement project was aimed at “restoring the dignity of the army to its rightful glory”.
The biggest reason for the wardrobe redo, however, seems to be that of civilian impersonators.
SANDF camouflage, Stratford’s presentation records, has been “exploited by the citizens of South Africa using it as a fashion cloth in their clothing designs, thus tarnishing the image of the SA Army”.
It adds that “the camouflage uniform has recently become a commodity amongst hunters and military collectors as it became available for sale on eBay, an online commercial platform”.
As a result, the CSIR was called in seemingly to help develop a new SANDF camouflage pattern, as well as to resolve the old uniform problems.

Stratford told Parliament that the new kit needed to be:
Able to provide protection against battlefield threats;
Lightweight;
Able to stand the test of time;
Able to maintain its shape without the need to be ironed;
Of colour which does not fade;
Able to withstand degradation when stored for many years;
Made of material and dyes which are readily available;
Repairable; and
Affordable.

It is possible that the proposed new uniform meets all of these criteria except the last one.
The DA spokesperson on defence, Kobus Marais, told said this week that the R55, 000 price tag per soldier was a big concern, and one that he has raised.
“It obviously doesn’t make any sense to pay R55K, and I’ve challenged them. They admitted it seems high and they’ll come back on that,” Marais said.
The African Defence Review’s Darren Olivier stresses, however, that the need for a new uniform is not imaginary.
“I do believe that a new textile and new boots were long overdue. The original Soldier 2000 kit was designed in the 1990s and has not been optimal in the conditions in which SANDF troops operate, particularly the harsh conditions in the DRC and Mozambique.
“There are issues with weight and movement restriction after getting waterlogged, too much time to dry compared with newer textiles, and fading and other premature wearing out of items,” Olivier told Daily Maverick.
Olivier points out that one soldier has multiple items of clothing making up one uniform: 1x bush jacket, 2x long-sleeved shirts, 2x short-sleeve shirts, 2x long pants, 1x cap, and 1x bush hat. This is together with a cold-weather coat and rain suit — though these are issued “sparingly”, Olivier says — and two pairs of boots.
“However, the quoted total cost is still surprisingly high, and given how much this will cost and how much uncertainty remains, it definitely deserves closer scrutiny. At the very least, I would hope that Parliament’s Defence Committee requests a full breakdown,” Olivier said.
It is difficult to directly compare the costs of clothing soldiers internationally, and Olivier notes that very big armies — like that of the US — are able to benefit from “huge economies of scale when procuring items”.
But from the available information, it still appears that a price tag of R55, 000 per soldier is extraordinarily high.
The US Government Accountability Office reported in 2021 that the cost of US Army uniforms was between $1,600 and $2,400: between R29, 600 and R45, 000 at today’s rand/dollar exchange rate.

In 2014, the British Ministry of Defence replied to a request for information on uniform procurement by stating that it had spent £15-million on 1.2 million combat garments — which works out to an astonishing £12.50 (about R295) per garment. It is, however, unclear how many garments each soldier would require. That figure also did not take into account the cost of boots, which were priced separately at roughly £25 each (almost R600).
Olivier says it is certainly possible to procure much cheaper camouflage uniforms.
“If you’re willing to go for a standard pattern and low-quality textiles, it cost the US approximately R1, 500 for the camouflage tops and pants it bought for Afghan National Army soldiers. However, skimping too much on such a critical piece of a soldier’s kit has its own cost in reduced combat effectiveness and morale.”
In the case of the SANDF, this volume of expenditure is certain to be questioned, given the parlous state of the army’s finances in general. Years of overspending on salaries means that there is precious little money available for the maintenance of essential mission equipment.
As many have pointed out, there is a dark irony in the fact that the SANDF’s already inadequate budget continues to be slashed — while soldiers are increasingly required for significant domestic deployments, such as guarding power stations and peacekeeping in areas with high levels of gang activity.
As Daily Maverick reported in August 2021, soldiers deployed to KwaZulu-Natal and Gauteng following the so-called Zuma riots were on the verge of abandoning their posts due to sheer hunger after not receiving adequate food rations for weeks. [email protected]

16/11/2022

06/11/2022

Storms damages a school

Brandvlei - The Brandvlei Primary School was hit by a severe thunderstorm which ripped through the town yesterday afternoon and caused extensive damage to the school. Our infrastructure team is on site to assess the damage to the school building.
At this stage we are aware of six (6) classrooms which are affected, where the roof were ripped off the school building. The Department will provide immediate assistance to the school in order for learners to complete the school academic year.
This is an unfortunate incident and we are grateful that it occurred after school hours, as educators and learners could’ve suffered severe injuries or even fatalities. The Department will await the assessment report from our Infrastructure Unit to determine the way forward. [email protected]