While the Oscar Pistorius and Shrien Dewani trials received the most publicity from South African courts this year, the Daily News scans other court cases which were of interest in 2014. The selection was done from a KwaZulu-Natal perspective. Ismail Adam summarises
Field’s Hill crash
After emergency workers found 24 bodies in the carnage at the bottom of Field’s Hill in September 2013, truck driver Sanele May pleaded guilty to 24 counts of culpable homicide, charges of fraud, entering South Africa illegally, being in possession of a fake driving licence and operating a vehicle without a valid professional driving permit in November. He was sentenced to an effective eight years and 10 months in prison by Judge Kate Pillay. He faces the possibility of parole after serving six of them.
Brett Williams
They were in and out of the court corridors since the Sharks-Melbourne Rebels match in April 2013 when former Royal Marine, Brett Williams, was killed during a brawl outside King’s Park stadium. Last month, three of the four men accused of Williams’s murder were acquitted. Kyle Shepard, Andries van der Merwe and Dustin van Wyk were free to walk after a discharge by magistrate Trevor Levitt. However Blayne Shepard still has a charge of murder to answer to. He remains on trial and the trial should be finalised at some point next year. The dropping of the charges against three of the accused was a bitter pill to swallow for Williams’s fiancée, Louise Scott, who likened the acquitted to “gutless spoilt children”.
Axe killer
His crimes dated back to November 2010 when he held a woman captive for three days and raped her. He also went on a rampage during March 2011 axing four men to death, as well as the attempted murder of two others. On December 19 this year, “axe murderer” and former Blue Bulls rugby player, Phindile Joseph Ntshongwana, was sentenced to five terms of life imprisonment, two terms of four years for attempted murder, four years for kidnapping and two years for assault to do grievous bodily harm. Ntshongwana tried to play the mental illness card during the trial, but that could not spare him the remainder of his life behind bars.
Rajiv Narandas
The tables turned on Durban businessman, Rajiv Narandas in May after a six-year trial. On his day of judgment, a confident Narandas was left stunned when he was found guilty of the murder of Veenand Singh, in the parking lot of the Shoukara night club in Sandton on July 13, 2008. Narandas was sentenced to 18 years for the murder but has yet to spend a day in jail. He was granted leave to appeal against the conviction and punishment and was released on bail. His appeal is set down for early January.
Judge Patel
It was not a case of all is well that ends well for KwaZulu-Natal Judge President Chiman Patel. After being subjected to intense media coverage over a crimen injuria claim lodged against him, the charge was eventually withdrawn earlier this month. His counsel described the decision to prosecute him as “an improper motive to humiliate him and treat him like a common criminal” and said it had been a painful experience for Patel.
A clerk, Lindiwe Nxele, claimed that in October 2013, in a meeting in Patel’s chambers, she was called “nonsense, trash, rubbish and a useless person”.
Patel had strongly denied this and the matter was eventually dropped by the state. Patel was not pleased at having to face the charge and warned the state this was not the last it would hear of this.
He retired as of today.
No qualifications
Former Colonel Vincent Mdunge, the face of the SAPS in KwaZulu-Natal, had a massive fall from grace. He was found guilty of forgery last month in that he falsified his matric certificate.
He was also convicted on two counts of fraud in relation to the certificate – which included him receiving monies he was not entitled to after achieving the rank of warrant officer.
He was acquitted of a fraud charge in relation to him joining the police force on a fake matric certificate as the magistrate ruled Mdunge could have joined the SAPS as a special constable with a standard 8 (grade 10) pass which was the minimum requirement at the time. Mdunge has not been sentenced yet because of a dispute over the R874 901.31, which the state says he needs to pay back.
His pension fund of R4.2 million is being withheld by the state.
He is expected to be sentenced in February once agreement is reached on the sum he owes.
Homeless
It was a case of not every dog has its day when the owners of a 3-year-old Saint Bernard were denied leave to appeal a High Court decision for them to remove their dog from their home. The gentle giant, Theodore, was deemed too big for him to live in the plush Mount Edgecombe Country Club. He exceeded the estate’s size category for permissible dogs. The dog’s owner, Edward Abraham, fought an unsuccessful two-year battle with the estate’s body corporate and was left in despair when he lost an application to appeal last month. He likened his dog to his child.
One-arm rapist
He became known as the one-arm rapist and his reign of terror took place during 2008-2013. Serial rapist, Mhlonishwa Elias Mathebula, received a 315-year prison sentence in October for a series of rapes on the South Coast, mainly in uMzinto, Hibberdene, Dududu and Msinsi. He was sentenced to nine life terms and 90 years after pleading guilty in the Scottburgh Regional Court to 18 counts of rape. Mathebula was arrested and tracked down by the SAPS Port Shepstone tactical Response unit and the Port Shepstone Family Violence, Child Protection and Sexual Offences Unit.
Charmaine Naidoo
In February, Merebank woman Charmaine Naidoo’s body was found near Ezimbokodweni. She had been strangled and had several stab wounds. Naidoo was kidnapped and driven away in her vehicle after gunmen stormed her home. Her husband, Inderesan “Alvin” Maistry, and three other men were charged with her murder. One of them, Sifiso Joyisa, pleaded guilty and was sentenced to 40 years. In his plea he implicated Maistry as the mastermind behind the alleged hit. Maistry, Mandlenkosi Jobe and Bongani Manyathi are in Westville Prison. Indictments have been served on all three and their trial is due to start in the new year in the Durban High Court.
Jamie Naidoo
In November, community and social welfare organisations were outraged when a Chatsworth toddler, 3-year-old Jamie Faith Naidoo, was found dead at her home. Baby Jamie’s mother, Patricia Kershnee Ishwarlal, and grandmother, Salatchee Basarich, have been charged with her murder. Various media reports suggested the toddler had been a victim of substantial physical abuse and had died a brutal death. It also emerged the child had been living in shocking conditions. The poor treatment and details of the child’s death are set to emerge next year when the trial is expected to begin.
Burry Stander
Another notable trial still proceeding is that following the death of former South African Olympic cyclist, Burry Stander. He was killed in a crash with a taxi in January 2013 at Shelly Beach. The driver, Njabulo Nyawose faces a charge of culpable homicide or, alternatively, reckless and negligent driving.
Zuma’s builder
Thandeka Nene was arrested last month. She has been charged with 18 counts of fraud for her role in the extension of President Jacob Zuma’s Nkandla homestead. She is accused of winning government tenders to the value of R118m. The case is expected to proceed in the new year.
Tongaat Mall
The Tongaat Mall inquiry, not a court case but a Labour Department probe, is still proceeding with business tycoon, Jay Singh, under the spotlight.
Durban brothel
The trial of the alleged brothel doctor, Genchen Rugnath, and his wife, Ravina, is still proceeding in the Durban Regional Court. The couple face more than 150 charges including assault, rape, sexual exploitation of a child and racketeering. The state alleges they ran two brothels in the Durban CBD.
Mace killer
The trial of triple murder accused Mogamberry “Rajen” Kandasamy is set to proceed in the Durban High Court next year. Kandasamy was this year granted bail after being charged with the murder of his wife and their two children at their Chatsworth home in December 2013. He is alleged to have killed them with a gada (an Indian traditional mace).
