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Cape Town – The possibility of Henri van Breda fabricating that he passed out for two hours and 40 minutes cannot be ruled out, his defence’s second expert witness testified in the Western Cape High Court on Monday.
Neurosurgeon Dr Michael du Trevou, during cross examination by prosecutor Susan Galloway, said it was impossible to exclude malingering.
He also conceded that losing consciousness for two hours and 40 minutes, and recovering on one’s own, was unlikely but that a post-traumatic amnesiac period was possible.
AS IT HAPPENED: Consciousness, movement of Rudi #VanBreda possible after attack – neurosurgeon tells court
Photos of Van Breda after the 2015 attack on his family were also analysed. Du Trevou pointed out his black eye and some bruising under both his eyes.
The injuries were not severe, he said, but brain injury could be without bruising and may not translate to head injuries.
Traumatic brain injuries
In his report, Du Trevou said all retrograde and post-traumatic amnesia was a gesture of traumatic brain injuries, including concussion.
This could last minutes to days, he explained, depending on the severity of the impact.
Normal activity is possible, but the person may have no recollection of these activities, and the loss of memory is usually permanent.
Du Trevou found that a loss of consciousness lasting two hours and 40 minutes after a head injury was an indication of a mild to moderately severe traumatic brain injury.
“It is not possible to determine, ex-post facto, whether the accused had lost consciousness or whether he merely lost recall of the incident,” he said in his report.
“The mere fact that no evidence of a prior injury is visible on the MRI scans does not exclude the possibility that he had lost consciousness or recall of the events subsequent to hitting his head.”
Van Breda, 22, pleaded not guilty to axing his parents and brother to death, seriously injuring his sister Marli and defeating the ends of justice.
He alleged that an intruder wearing a balaclava, gloves and dark clothes was behind the attack, and that he had heard other voices of people speaking Afrikaans in their home in the De Zalze Estate in Stellenbosch in January 2015.
Live stream: Watch day 50 of the Van Breda murder trial
Van Breda claimed that, after a fight with the axe-wielding intruder who was also armed with a knife, the man had fled down the stairs and that he threw the axe at the attacker.
He ostensibly fell down the stairs in the process.
Van Breda claimed to have reached for his phone, which was in his pocket, and tried to call for help, but did not have numbers for emergency services. His girlfriend did not answer when he called her.
While making his way upstairs, he Googled emergency services. On his way up, he saw Rudi and Marli moving. Teresa was not moving.
Lying on the stairs
He later woke up lying on the stairs. He was not sure how long he had been there for, but it has since been confirmed to be two hours and 40 minutes.
The neurosurgeon said passing out for this period was consistent with mild head injury.
Du Trevou’s findings were based in part on Van Breda’s plea explanation, which was not evidence before court. Van Breda has not testified.
Judge Siraj Desai pointed out it would be seen as hearsay evidence.
Du Trevou had never examined or met Van Breda, and was asked to “comment blindly”, as Galloway put it.
Loss of consciousness
He explained that among the causes of loss of consciousness were medical conditions, drug use, certain medications and alcohol use.
Advocate Pieter Botha, for the defence, pointed out that Van Breda’s blood had tested “clean” that night.
Du Trevou said a vasovagal attack – when one faints because the body overreacts to certain triggers, such as the sight of blood or extreme emotional distress – was also possible. The person however, feels better once horizontal, Du Trevou explained, except if Van Breda possibly fell and bumped his head.
Dr Michelle Van Zyl from Vergelegen Mediclinic saw Henri twice on January 27, 2015 – when he asked for one of his stab wounds to be examined for possible stitches.
He was accompanied by police who informed her he was a suspect in a murder investigation.
During his first visit, Henri’s emotional status was noted as confident, not emotional, and she detected a slight smell of alcohol on his breath, she had testified.
Galloway pointed out that Van Zyl had said during their first meeting they “had a nice conversation”, and that she had treated his wound with clips.
There was no indication of head injury, she recalled.
Du Trevou said it was common that an injured person appeared normal.
The trial resumes on Tuesday when a new witness will be called.
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JOHANNESBURG – Democratic Alliance (DA) leader, Mmusi Maimane, said on Monday that government could not afford to “throw billions” of rand at the loss-making national carrier, South African Airways (SAA), while four children a day die of starvation in the country.
“Why keep subsidising the comparatively wealthy who can afford to fly, at the expense of the very poor and the unemployed? Why do we have to keep saving SAA? No one in government can answer this. We are propping up the failing SAA because it’s just another great place for cadres and cronies to make lots of money,” Maimane said.
“On Thursday, the Deputy President said that SAA is a ‘national asset’. I would have thought a businessman like Cyril would know the difference between an asset and a liability. Calling SAA a national asset is not a good enough answer. Our parastatals have become massive ATMs from which the leeches who feast on our precious resources suck money every month. That’s why we keep being forced to bail out SAA.”
Maimane was speaking at a billboard launch at Park Station, Johannesburg, which highlights the airline’s financial losses. He said that the airline had received R35-billion in bailouts and government guarantees since 1999.
Maimane said this took place while 4,900 children under the age of five had died over the past three years in South Africa due to severe malnutrition, as confirmed by the Department of Health earlier this year.
Finance Minister Malusi Gigaba will on Wednesday address concerns about the lawfulness of the bailout given to SAA at the end of September when he delivers his medium-term budget policy statement.
Last month, Gigaba dipped into the National Revenue Fund to give SAA R3-billion to prevent it defaulting on its loan from Citibank. He had given it a R2.2-billion bailout in June, bringing the SAA bailout for the year to R5.2-billion.
Maimane said that judging by Gigaba’s track record in all the Cabinet positions he has held so far, he was not holding his breath that the budget will serve South Africa’s poor.
Maimane said SAA must be placed into business rescue until it had stabilised, and then it must be dismantled and sold.
“The vast sums of money we will save can be ploughed straight back into any number of programmes that directly benefit the poor,” Maimane said.
“We won’t be the first country to give up its national airline, and we certainly won’t be the last either. Life will carry on after SAA, but only with more money for the poor and less for the corrupt.”
African News Agency
DURBAN – Three people have shot and wounded at Umlazi’s notorious Glebelands Hostel, police said on Monday.
The shootings occurred on Friday at about 10pm, just hours after the Moerane Commission announced it had been granted an extension to investigate political killings in the province.
Commission witnesses have testified that many of the killings at the hostel were politically motivated.
Lieutenant Colonel Thulani Zwane said: “They sustained shot wounds and were taken to hospital for medical attention. The motive is unknown. Charges of attempted murder were opened at Umlazi Police Station for investigation”.
READ: Police arrest high-ranking politician with unlicensed firearm
The hostel, south of Durban, has been the object of intense scrutiny throughout the commission.
Testifying on behalf of the KZN African National Congress Chairman Sihle Zikalala on Friday called the protracted violence at Glebelands “a sore point” for the ruling party.
The commission was supposed to wrap-up last week, but it sought and was granted an extension by KZN Premier Willies Mchunu until March 2018.
Mchunu established the commission last year, with the intention of investigating political killings and other political violence since 2011. It held its first public hearing on 20 March.
African News Agency
JOHANNESBURG – With his first mid-term budget policy statement due on Wednesday, Malusi Gigaba is battling to generate market confidence with state-capture allegations clouding President Jacob Zuma’s administration.
There’s a great deal hanging on South Africa’s 2017 medium term budget policy statement. Three factors are at play: there is political turmoil around the governing African National Congress, the country’s economy is performing poorly and this is the first budgetary statement from Gigaba.
What keeps you up at night in relation to this medium term budget?
The single most worrying factor is the lack of economic growth South Africa faces. Growth has slowed down significantly in recent years and the economy flirted with recession after shrinking during the last quarter of last year and the first quarter of this year. The economy did bounce back into positive growth during the second quarter but the outlook remains unimpressive. Only 0.5% growth is expected for 2017 and less than 2% over the medium term.
Owing to this lack of growth, unemployment is on the increase – it now stands at a staggering 27% – while government revenue is under pressure. It also implies that the government’s burden on the economy (for instance total government debt as percentage of gross domestic product, orDebt/GDP ratio) will increase.
Government’s debt to GDP ratio is currently budgeted to level out around 50%. This is to be welcomed because any increase in the ratio increases the interest burden.
But if slow growth and revenue shortfalls persist, government debt will increase. The debt to GDP ratio will be on its way to 65% of GDP in the medium term.
And should the combination of low growth and growing government expenditure continue after the period of this medium term statement (2017/18 – 2020/21), the debt/GDP ratio might be on its way to 100%. This projection really stresses one of the most worrying factors that has to be addressed in this statement: Limiting the level of government debt before it reaches this level.
In other countries where this level has been exceeded, severe adjustments had to be forced on their economies. Take the Irish Republic case. Remuneration levels and employment numbers in the civil service had to be cut dramatically to deal with the Irish government debt crisis.
There is a new finance minister in place and he comes with shifting political dynamics. How do you rate him and what do you expect from him?
It is difficult to rate the new minster, given that he’s only been in the job since April and the fact that he has not yet tabled his first budgetary statement. The only statement against which his performance can really be assessed is the 14-point plan he announced in July 2017.
We’ll be watching the medium term statement for his report back on progress in implementing it.
But Gigaba comes with worrying political dynamics, including accusations that he is party to corruption.
And its difficult to separate him from the history of bad policy options of the African National Congress which has delivered the prevailing lacklustre economic performance. The fiscal crisis facing South Africa is a direct result of these policies.
How significant is the medium term budget policy statement?
It’s very important as it provides an overview of government’s plans for expenditure and for raising revenue over the next three years. A three year view is significant because it provides insight into planned government expenditure and indicates expected tax increases that South African taxpayers have to face. It also informs decisions of the credit rating agencies about South Africa’s fiscal stability.
The statement forms the basis of the annual budget of government revenue and expenditure that is tabled in Parliament in February each year.
The statement is the first formal opportunity after the tabling of the annual budget where the government reports on the actual performance of revenue raised in comparison to budgeted revenue and of actual expenditure in comparison to budgeted expenditure.
This reporting by government gives an early indication of expectations for the main budget in February. For instance, if government revenue is underperforming, the expectation is that taxes will be increased the following February. Indeed a tax increase might materialise in this medium term statement.
What in you view will be key focus areas in this medium term statement?
As South Africa’s economic growth is currently lower than the forecast used for the 2017/18 fiscal year, tax collection has come under pressure. A revenue shortfall is expected for this fiscal year. The medium term statement is when the size of the shortfall will be formally disclosed.
Given expectations of a substantial shortfall, South Africans should brace themselves for substantial tax increases in the main budget in February 2018. The fiscal crisis might even be so serious that the government might decide to divert from previous practice and announce tax increases in this medium term statement.
Like any other government in the world, it raises revenue through taxes and use this revenue to fund its expenditure. If expenditure exceeds revenue, the difference must be borrowed, which adds to the level of government debt, or expenditure must be cut.
One of the biggest budgetary headaches is the ailing state owned enterprises. What should be done?
Government is really throwing good money after bad by using public money to bailout ailing state owned enterprises. I have said a long time ago that South African Airways should simply be given away. This is a much cheaper option for the taxpayer instead of never ending bailouts. The South African government should reassess its holding of state owned enterprises and close, sell or give away those that are no longer financially viable. Such action will remove a large financial burden on the South African taxpayer.
Jannie Rossouw, Head of School of Economic & Business Sciences, University of the Witwatersrand
This article was originally published on The Conversation. Read the original article.
DURBAN – KwaZulu-Natal’s public works department has hit back at media reports that R32-million has been “splurged” on premier Willies Mchunu’s official Parkside residence in Pietermaritzburg.
“Contrary to the recent media reports of the so-called ‘splurge of R32-million’ at the premier’s Parkside official residence, thus far only R821,000 has been spent on the renovations,” public works spokesperson Kiru Naidoo said in a statement.
No other tenders had been advertised or awarded so far for the completion of the project, he said.
Following a reply to a question in the legislature on Wednesday, the Democratic Alliance’s Sizwe Mchunu said the renovations were unnecessary and the cost was “staggering”.
Costs included renovating the swimming pool surrounding area, including the paving and braai area, to the value of R1,010,000; upgrading three bathrooms at a cost of R540,000, and repairs to electrical light fittings to the value of R180,000.
The 3.1832 hectare Parkside residence is 137 years old and comprises a main house, two conference facilities, staff quarters, and office facilities. It is one of KwaZulu-Natal’s numerous protected structures based on heritage value. Any alterations need to pass through the Amafa Heritage Council which administers alterations.
This had had a “significant cost implication” on renovations, according to Naidu.
“The projected costs for the renovations of the Parkside residence are spread over a period of seven years and are in line with stipulations of Amafa Heritage Council regarding buildings that are over 60 years of age,” he said.
Parkside was intended for use as an official residence by the premier when necessary and for hosting guests and dignitaries, and as a conference facility for press conferences and official meetings.
“The premier has his personal home in Durban where he resides,” said Naidu.
“In all the projects undertaken so far in this facility, including the upgrade and refurbishment of the three bathrooms, a competitive bidding process was fully followed.”
Parkside was a unique facility worth preserving for use and posterity.
“As always, this is subject to affordability and prioritisation. It is precisely because we have many competing priorities that the programme is not final,” Naidu said.
The R32-million master plan included upgrades of external water reticulation and groundworks; repairs, upgrade, and resurfacing the road network for about 1.8km within the complex; upgrades of two existing conference centres; replacement of the precast concrete boundary wall including security installations; alterations and additions to convert the existing outbuilding into protectors’ accommodation to improve security measures.
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African News Agency
Production experts in the TV industry could not believe their eyes when they saw an advert posted online for a senior position.
Looking to hire a commissioning editor in Johannesburg at an annual salary of R800 000, the ad read: “Please note: We are specifically looking for a white, English-speaking commissioning editor as this role is for someone who will produce soapies and programmes in this specific demographic.”
Alerting City Press about the patently racist ad, one source – who does not wish to be named for fear of jeopardising their employment prospects – applied for the position and engaged with the recruitment agency, Kandhi Consulting.
The position, they were told, was for M-Net.
“They were specific about the TV station being M-Net, the kind of contracts M-Net offers, the psychometric tests that it does, etcetera.”
M-Net has distanced itself from the ad, saying it was not authorised and that the work had been subcontracted by its agency to another recruitment outfit without the company’s knowledge.
Yolisa Phahle, the chief executive of M-Net, said the station was “appalled” by the “racist, unlawful and disgraceful advert, which would be contrary to our recruitment policy, our values, the Constitution and other legislation”.
She sent City Press the extensive role profile that had been submitted to the original recruitment agency. It made no mention of demographic requirements.
Another TV executive, who also wished to remain nameless, could not contain their disbelief when shown the ad. “There are lots of excellent black commissioning editors who handle work in other demographics. Since when can a black person not make TV for white audiences? White people make TV for black audiences right across the film and TV industries. This is just racist.”
Kandhi Consulting staff were, at first, happy to speak to City Press over the phone. They confirmed the authenticity of the ad and that it was for a position at M-Net.
However, they referred us to their more senior associates, Ambit Recruitment.
Ambit’s Caren Doyle denied any involvement in the ad: “I confirm that this was not something that M-Net or Ambit was aware of, and we do not condone it either. The consultants in question had, at the time, just started working with Ambit Recruitment and posted this ad in their own capacity.
“It was a very unfortunate oversight, which should not have happened. This is in no way a reflection of our clients’ policies, nor that of Ambit Recruitment,” Doyle protested.
M-Net’s Phahle said the company had established that, “without our knowledge, our recruitment agency subcontracted another agency to advertise the commissioning editor vacancy”.
“Our proposed advert, sent to our recruitment agency for this vacancy, made no reference to the race of the applicant. Our recruitment agency has advised us that it did not mandate the subcontracted agency to word the advert in this racist manner.”
Phahle said attempts to reach the subcontracted agency by telephone had not been successful by yesterday.
“We view this in the most serious light and are investigating the matter. We will take appropriate and firm action, including of a disciplinary nature, should we find that anyone on our behalf was involved in the production of this abhorrent ad,” she said, adding that the station produced “shows that reflect our country’s diverse cultures and languages”.
Blade Nzimande describes his axing from the higher education ministry as a deliberate move by the president to credit others for possible no-fee hikes.
South African Communist Party (SACP) boss Blade Nzimande, now the former minister of higher education, knew that his days in Cabinet were numbered when President Jacob Zuma, in a deliberate move, withheld the long-awaited Fees Commission report from him – even after Nzimande made attempts to request it.
Nzimande made this startling revelation in an exclusive interview with City Press yesterday in Pietermaritzburg, KwaZulu-Natal, adding that he had felt relieved on receiving Zuma’s call on Tuesday.
“I thought that it would be obvious that he will call me and say: ‘Here is the report. What are your views on it before I respond?’ The president never gave me the report. I don’t know about it,” he said.
The report was commissioned by the president last year to look into the feasibility of free higher education, with retired Judge John Heher serving as commission chair. It was presented to Zuma at the end of August.
As the year has drawn closer to final exams, students have called on Zuma to release the report, while universities have made their intentions known to hike fees in 2018.
“For me it was very strange that, as I was minister of higher education and training, the president did not share the report with me. I did enquire, though not directly with him.
“But when he didn’t share the report, that is when I knew that he was going to fire me anytime.”
Nzimande said his axing was a clear indication that it was engineered to ensure that someone else, not him, would take the limelight.
“All I know is that I became aware, and that is all I can say on this. I knew that I could not be given an opportunity to be the minister who decisively responds to the issue of #FeesMustFall. I was aware that credit was not to be given to me. Credit was going to be given to someone else.”
Recalling the moment Zuma informed him that the sword had finally fallen on his head, Nzimande said the president offered no explanation as to why he was losing his job. Nzimande never asked why, as he already knew the answer.
While he insisted that losing his Cabinet post was “water under the bridge”, the SACP general secretary did not hold back in pointing out that Zuma had become so desperate, he was using his prerogative to ram through whatever plan he had up his sleeve. “His actions are those of a desperate man. Let me not speculate on why, but it is clear that some of his actions are very desperate.”
Zuma has unleashed a monster
Nzimande said he was looking forward to a new task – that of going to the trenches to work for his party.
But one thing is certain: Zuma has unleashed a monster in the form of a fuming SACP, which is already doing the groundwork to contest the Metsimaholo municipal by-elections in the Free State on November 29 – a move that could further weaken the ANC.
The biggest dent for the governing party could come in the 2019 national elections, where it may face off against the party that was once its closest ally, as the SACP contemplates effecting a split.
So far, Nzimande insists that he has no intention of giving up his position as an MP in parliament. He will stay on as a backbencher for now, as resolved by his party.
“We shouldn’t look down on backbenchers’ work. They work tirelessly. Those backbenchers have minimal resources.
“It’s not like one is looking down on that, but it’s up to the communist party how it thinks I should be deployed.”
Regarding his future in the ANC, Nzimande admitted that the national executive committee (NEC) had been rendered useless. “From where we stand as the SACP, the NEC is paralysed from the top.”
Nzimande expressed his commitment to taking up the tasks of the SACP with renewed vigour, saying the country desperately needed this.
When asked if he would be willing to return to the NEC, regardless of who won in December, Nzimande said: “That is a very difficult question to answer … My own view is that, given the challenges that we have, I would like to spend more time in the SACP. The party has challenges.
“Increasing numbers of people have huge expectations of us as the SACP. We need more energy to be put into the SACP.
“Ideally, that would be my preference … Sometimes you feel that it is a waste of oxygen even to be sitting on the NEC of the ANC because of this paralysis.”
Nzimande’s name appears as an NEC member only on the slate of presidential hopeful Cyril Ramaphosa.
Nzimande, who proved instrumental in ensuring the emergence of Zuma back in 2007, said a worrying trend had presented itself whereby ANC leaders tossed aside the SACP once they became established.
“We cannot continuously be backing individuals and then, when it suits them, they turn against us. That is not an alliance; it is not good for the revolution.
“But also, the ANC has to look within itself. Why is it that every time there is a transition to a new leader, the communist party becomes the scapegoat?”
Nzimande denied that he and Zuma were ever close friends.
“Him, me, initially Zwelinzima Vavi and comrade Sdumo Dlamini, and so on, when there were issues we would quickly meet and say: ‘How do we solve that?’
“I wouldn’t describe that as friendship, but it was a good working relationship.”
The SACP boss said the cracks in the wall appeared in 2015 at the onset of the Fees Must Fall protests. Nzimande discovered that he had no support in government and was left to fend for himself.
Asked if his relationship with Zuma could be mended, Nzimande said, given that the president was on his way out, he found no need to obsess over mending broken fences, reiterating that Zuma continued to be the proverbial albatross around the ANC’s neck. “The ANC itself is aware that one of the biggest problems it is facing is with its president.”
Amid mounting calls for Zuma to have his day in court and possibly face jail time, Nzimande said: “I have no wish for anyone to go to jail. But people who have committed wrongs must face the music through due process.”
PRETORIA – The City of Tshwane Municipality officials on Friday cycled around town as an initiative to promote an environmentally-friendly mode of transport.
The cycling is part of the Green Mobility Fridays initiative aimed at building awareness that cycling can also assist in decongesting traffic.
#GreenMobilityFriday #CarFreeDay highlights before the ride begun. pic.twitter.com/Jakto51F51
— City of Tshwane (@CityTshwane) October 20, 2017
The cyclists went on a 5km route starting their journey at the Tshwane House at 7am. They cycled up to Sisulu Street and went right into Visagie Street and then right into Paul Kruger Street, through Church Square, and finally right into Madiba Street.
The awarness aims to encourage motorists to be less dependent on their cars and to use public transport like the Tshwane Bus Service, A Re Yeng, Metrorail, Gautrain and taxis.
“This initiative is all about stepping out of our comfort zone and get into our buses and taxis and on bicycles or do a bit of footwork on both Fridays.
One understands that using public transport might not be as enjoyable as commuting in your own vehicle, but it does ease congestion, reduces emissions and gives you plenty of quality time to get to know your neighbours or people working around your workplace,” said Tshwane’s MMC for Roads and Transport, Sheila-Lynn Senkubuge.
As part of the awareness, the municipality created a car-free zone in Hatfield by closing Burnett Street between Festival and Grosvenor Street from 5am until 5.30pm.
“The Tshwane Green Ride goes beyond the riding of bicycles, as it connects communities that historically were spatially and socially divided and thus serves as a social connector. It is also of great significance to educate our communities about the considerable economic, social and environmental benefits of clean mobility.
This is the reason we want to urge members of the public to join and support these Transport Month activities wherever they are in the city,” said Senkubuge.
African News Agency
Johannesburg – Government has expressed shock and sadness following the death of Joe Maila, Health Minister Aaron Motsoaledi’s spokesperson.
“Joe practised his craft with passion and this trait saw him grow from strength to strength as he served across various government departments over the years,” said Minister of Communications Mmamoloko Kubayi-Ngubane, on behalf of government communicators.
Maila apparently accidentally shot himself at a shooting range in Silverton in Pretoria, police said.
“In his daily work, he always viewed the media as a partner to address the health challenges we face as a country.
“He contributed to creating an informed citizenry as he communicated government’s health policies and programmes to the public,” Kubayi-Ngubane said.
She said Maila upheld the principles and ethics of the communication profession.
Inquest docket opened
Gauteng police spokesperson Lungelo Dlamini said: “A 48-year-old male shot himself at a shooting range in Silverton at around 18:00 on Thursday.”
Dlamini said the circumstances surrounding the incident would be part of an inquest.
An inquest docket has been opened.
The minister said in a statement on Friday afternoon that it was with a “profound sense of sadness” that he made the announcement about Maila’s death.
“He passed yesterday evening. The circumstances surrounding his death are not yet known to the ministry. Joe Maila is survived by his wife and two children,” Motsoaledi said in a statement.
“I appeal to the media and members of the community to allow the family space to deal with his death. Details of his memorial and funeral services will be announced as soon as we receive information from the family.”