friday january 18 2013 news cop in supercar crash ‘a ......like banda’s are not unique. this...

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BRENDAN ROANE AND SHAUN SMILLIE [email protected] [email protected] I N THE HOURS before his death, Constable Goodman Lubisi appeared to be in a pensive mood. The chatty cop with the gold tooth was well liked in Sandton, said a friend. But last Wednesday afternoon, Lubisi, or Gift as he was known to his friends, wasn’t his usual talkative self. He was in his police uni- form, and his silence worried his friend. “I asked him if he was tired, and he replied ‘No, I’m not tired, I’m just thinking,’ “ said the friend, who did not want to be named because of fears that he will be harassed for speaking to the media. What the friend didn’t know was that Lubisi had been celebrating his 31st birth- day. And, just more than 12 hours later, the policeman would be dead. The cop died when the Audi R8 supercar he was driving in, crashed into a tree. Why the constable was in the car remains a mystery, as does why – so many hours after his friend had seen him – he was still in police uniform and presumably on duty. Lubisi was also remem- bered by his colleagues at a service on Tuesday. “He would always say ‘you guys are my friends, but if you break the law, I’ll put you in my African bangles’,” he said, adding that bangles was slang for handcuffs. “This was a joyride… and this other cop is trying to (save face),” the friend said. He was referring to the offi- cial police version of events alleging that police officers had found dagga in the Audi during a search and that the driver, Areff Haffejee, had sped off while Lubisi was still conducting the search. Police also said this had led to a high-speed chase for about 7km along Oxford and Rivonia roads. Perhaps, said the friend, the joyride had been a birth- day gift that went horribly wrong. On Tuesday, at a service, police officers from the Sand- ton police station honoured their fallen comrade. According to his obituary, Lubisi was born in Bushbuck- ridge in 1982. After matriculat- ing in 2000, he studied at Unisa. He joined the SAPS in 2008. “Goodman was the Sand- ton celeb. He knew everybody, from the good guys to the bad guys, but he wasn’t a bad guy,” said the friend. The friend dismissed claims that he might have planted dagga. He said he believed Lubisi would never frame someone for money. The friend also said the constable was not with his usual partner and that the officer in the police van that was following the Audi must explain what happened. Meanwhile, a source at the provincial investigative unit for Gauteng slammed reports that the police docket for the crash had gone missing, and said it had been handed over to the Independent Police Investigative Directorate. The Star FRIDAY JANUARY 18 2013 7 NEWS SHOP ONLINE at www.capeunionmart.co.za Stores Nationwide. Call 08600 34000 for more details. Products subject to availability. Sale specials limited to 5 units per item per customer. GPSs and tents limited to 1 per customer. All our products are covered by our famous 5-way guarantee ensuring that you get the best price and advice along with the fairest return and exchange policy. 6314CT E & OE Offers valid until 3 February 2013 while stocks last! Visit www.capeunionmart.co.za for SALE specials or visit a store near you. A LION that escaped from a private game reserve has been terrorising residents of Makhado (Louis Trichardt) in Limpopo for a week, police said yesterday. Police have been hunting for the animal, but so far have been chasing their tails. “We have been informed that a male lion escaped from Safari Lodge outside Makhado last week,” police spokesman Nechin- damatsi Marubeni said. “It was last sighted yester- day (Wednesday) and our search party has so far not managed to capture it.” Marubini described the lion as a “grown male with a big head”. He said: “Obviously the townspeople are scared, because they do not know when it might pounce.” He appealed to members of the public to imme- diately report any sighting of this king of the jungle. Limpopo is home to several private game reserves, but dan- gerous animals rarely break out. A large part of Kruger National Park, the country’s biggest game park, also strad- dles the province. – Sapa-AFP Escaped lion terrorising Makhado residents Understaffed school in row with department Free State ANC members to hold elections again CHESTER MAKANA A WAR of words is brewing between Noko Secondary School and the Limpopo Edu- cation Department because the school has been operat- ing without teachers for three major subjects. Parents and school teach- ers, including the principal Lesiba Gwangwa, were locked in a protracted meet- ing yesterday in the school at Pinky Sebotse village, out- side Polokwane. Parents want the princi- pal to stand down, saying he has failed the pupils. The school is operating with seven teachers for 76 pupils and does not have an agriculture and business studies teacher. The geogra- phy teacher had complained to parents of his workload. The school has seen a decline in its matric pass rate from 77 percent in 2010 to 28 percent last year. The decline in the pass rate has discouraged pupils, causing them to leave and join the better-performing neighbouring school. The low enrolment has prompted the department to consider closing the school. FREE State ANC members will get another chance to elect a new leadership next month, a provincial ANC official con- firmed yesterday. Free State ANC spokesman Oupa Khoabane said the provincial task team to oversee the elections met during the week and decided the provin- cial elective conference would be held on February 23. The one-day conference for the election of the new provin- cial executive committee (PEC) will be held in Parys. ANC secretary-general Gwede Mantashe announced the task team during a press briefing after a national execu- tive committee (NEC) meeting in Bloemfontein before the start of the Mangaung national elective conference last month. There are 11 women and nine men on the team, which includes Free State ANC chair- man Ace Magashule, who rep- resents the party’s NEC. It followed a successful court challenge by a group of six disgruntled Free State ANC members in the Constitutional Court on the legality of the provincial elective conference held in Parys in June last year. The court held that the Free State PEC elected last year was unlawful. – Sapa ANGELIQUE SERRAO [email protected] LAST week, two Sandton police officers pulled over a motorist, claimed she had drugs in her car and forced her to drive to an ATM to extort money from her. Just four days later, police officers from the same station were involved in a mysterious accident in an Audi R8 that saw the businessman driver and a police officer killed. Police claimed they had found dagga in the car when they pulled it over. Lieutenant-Colonel Lungelo Dlamini said the two constables implicated in the ATM incident, Linda Mlambo and Mahlang Shaku, appeared in the Randburg Magistrate’s Court on charges of corruption yesterday. Dlamini said it was alleged that on January 6, the two policemen pulled over a woman, and – similarly to the incident involving the Audi R8 – she was accused of having drugs in the car. The officers then took away her driving licence and forced her to drive to an ATM in Sunninghill Village. A source told The Star the woman was pregnant and CCTV footage caught the officers forcing the woman to draw the money. She withdrew R1 000. The men were arrested this week and Dlamini said they were released on R3 000 bail each and would appear in court again on February 20 . Officers in court over bribe claims CAROLYN RAPHAELY THE ASSAULT and torture of prisoners is part of a pervasive pattern in what appears to be a nationwide epidemic of warder-on-inmate violence. It is occurring in prisons from Mafikeng to Mangaung, from Diepkloof to Durban, from Port Elizabeth to Polls- moor and from Grootvlei to Groenpunt. Rooigrond prison inmate John Banda, for example, was shot by a warder with a rubber bullet inside a Mangaung prison cell in 2009 after return- ing from the exercise yard to find other inmates had set his cell alight. “The securities (sic) were shooting in the street (corri- dor). They locked eight of us in a cell. I tried to tell the warder* I wasn’t involved with the burning, but he wouldn’t listen and threw teargas under the door. “He put the nose of his gun through the peephole and shot me under my navel. Another warder* pushed me against the door frame and shocked me twice with a shield. “While I was lying on the floor, a secu- rity* beat me in the face with the back of his gun, assaulted and kicked me. Then they took us where the CCTV cameras can’t see you, tied our hands behind our backs, sprayed us with fire extinguishers and kicked us.” Banda was taken to the prison hospital and operated on before being locked in isola- tion cells for three days, with- out being charged with any offence. He has the medical records to prove that a bullet left “a 12cm-long tunnel” in his abdomen. In a country where torture is currently not a crime, stories like Banda’s are not unique. This culture of violence and impunity among prison offi- cials is exacerbated by the fact that the Correctional Services Act permits the use of restraint mechanisms such as electroni- cally activated stun belts, elec- tric shock shields, leg irons, belly chains and batons. In addition, the Correc- tional Matters Amendment Bill does not deal with a key aspect of detainees’ experience – the use of force by correctional officials or their training in the use of restraint equipment. The legislation permits the use of internationally con- demned equipment that can be employed deliberately to violate inmates’ rights. The infamous tonfas, don- key piel or baton, widely accepted as having a legitimate law enforcement function, can easily be abused in the absence of regulations governing its use. For example, when a blunt force soft-tissue head injury is recorded as the cause of death, it’s often consistent with baton abuse. “Warders regularly com- plain that they don’t feel confi- dent using batons because they’re not trained to distin- guish between minimum and maximum force,” noted Just Detention International’s Sasha Gear. Airport heist accused Uaka- rajee Maundu, 40, released on bail in May last year from Medium A’s awaiting-trial sec- tion of Johannesburg Prison, said: “Every day I saw warders beating up inmates for no apparent reason.” According to Sbu Mntambo, a former inmate of KwaZulu- Natal’s Eshowe Correctional Centre, the most common torture method was beating inmates under their feet with the tonfas. “Even so, the strip searches were the very worst thing that happened to me inside. The warders made us strip naked and lie on the wet concrete floor in a long chain. “You were forced to have someone’s head in your arse and your head in someone else’s arse. If you raised your head, they’d hit you with a tonfas.” Similar search methods employed during prisonwide mass assaults by warders using shock shields at Port Eliza- beth’s St Albans Prison resulted in former inmate Bradley McCallum success- fully prosecuting South Africa at the UN Human Rights Com- mittee in Geneva. “At Mangaung,” Banda recalls, “warders often called the special ‘securities’ who came with dogs, shock shields and guns. They made you take off your clothes and wet you – the shock is much more power- ful when you’re wet… They wore balaclavas so you couldn’t see their faces.” The Wits Justice Project (WJP) has received similar reports from prisons around the country. Raphaely is a member of the WJP, which investigates mis- carriages of justice. * Warders’ names are known to the WJP. ‘Assault, torture of inmates rife in prisons nationwide’ ‘Another warder shocked me twice with a shield’ Cop in supercar crash ‘a Sandton celebrity’ Colleague defends officer on allegations of planting dagga THE REMAINS: Police officers examine the wreckage of an Audi R8 that crashed into a tree last week, killing the driver and a policeman in Saxonwold, Joburg. PICTURE: DUMISANI DUBE The police have been chasing their tails so far

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Page 1: FRIDAY JANUARY 18 2013 NEWS Cop in supercar crash ‘a ......like Banda’s are not unique. This culture of violence and impunity among prison offi-cials is exacerbated by the fact

BRENDAN ROANE AND SHAUN [email protected]@inl.co.za

IN THE HOURS before hisdeath, Constable GoodmanLubisi appeared to be in a

pensive mood.The chatty cop with the

gold tooth was well liked inSandton, said a friend. Butlast Wednesday afternoon,Lubisi, or Gift as he wasknown to his friends, wasn’this usual talkative self.

He was in his police uni-form, and his silence worriedhis friend.

“I asked him if he wastired, and he replied ‘No, I’mnot tired, I’m just thinking,’ “said the friend, who did notwant to be named because offears that he will be harassedfor speaking to the media.

What the friend didn’tknow was that Lubisi hadbeen celebrating his 31st birth-day.

And, just more than 12hours later, the policemanwould be dead.

The cop died when the Audi

R8 supercar he was driving in,crashed into a tree.

Why the constable was inthe car remains a mystery, asdoes why – so many hoursafter his friend had seen him –he was still in police uniform

and presumably on duty. Lubisi was also remem-

bered by his colleagues at aservice on Tuesday.

“He would always say ‘youguys are my friends, but if youbreak the law, I’ll put you in

my African bangles’,” he said,adding that bangles was slangfor handcuffs.

“This was a joyride… andthis other cop is trying to (saveface),” the friend said.

He was referring to the offi-

cial police version of eventsalleging that police officershad found dagga in the Audiduring a search and that thedriver, Areff Haffejee, hadsped off while Lubisi was stillconducting the search.

Police also said this had ledto a high-speed chase for about7km along Oxford and Rivoniaroads.

Perhaps, said the friend,the joyride had been a birth-day gift that went horriblywrong.

On Tuesday, at a service,police officers from the Sand-ton police station honouredtheir fallen comrade.

According to his obituary,Lubisi was born in Bushbuck-ridge in 1982. After matriculat-ing in 2000, he studied atUnisa.

He joined the SAPS in 2008. “Goodman was the Sand-

ton celeb. He knew everybody,from the good guys to the badguys, but he wasn’t a bad guy,”said the friend.

The friend dismissedclaims that he might haveplanted dagga.

He said he believed Lubisiwould never frame someonefor money.

The friend also said theconstable was not with hisusual partner and that theofficer in the police van thatwas following the Audi mustexplain what happened.

Meanwhile, a source at theprovincial investigative unitfor Gauteng slammed reportsthat the police docket for thecrash had gone missing, andsaid it had been handed overto the Independent PoliceInvestigative Directorate.

The Star FRIDAY JANUARY 18 2013 7NEWS

SHOP ONLINE at www.capeunionmart.co.za Stores Nationwide. Call 08600 34000 for more details. Products subject to availability. Sale specials limited to 5 units per item per customer. GPSs and tents limited to 1 per customer. All our products are covered by our famous 5-way guarantee ensuring that you get the best price and advice along with the fairest return and exchange policy.6

31

4C

T E

& O

E Off ers valid until 3 February 2013 while stocks last! Visit www.capeunionmart.co.za for SALE specials or visit a store near you.

A LION that escaped from aprivate game reserve has beenterrorising residents ofMakhado (Louis Trichardt) inLimpopo for a week, police saidyesterday.

Police have been hunting forthe animal, but so far havebeen chasing theirtails.

“We have beeninformed that amale lion escapedfrom Safari Lodgeoutside Makhado last week,”police spokesman Nechin-damatsi Marubeni said.

“It was last sighted yester-day (Wednesday) and oursearch party has so far notmanaged to capture it.”

Marubini described the lionas a “grown male with a bighead”.

He said: “Obviously thetownspeople are scared,because they do not know whenit might pounce.”

He appealed to members ofthe public to imme-diately report anysighting of thisking of the jungle.

Limpopo ishome to several

private game reserves, but dan-gerous animals rarely breakout.

A large part of KrugerNational Park, the country’sbiggest game park, also strad-dles the province. – Sapa-AFP

Escaped lion terrorisingMakhado residents

Understaffed school inrow with department

Free State ANC membersto hold elections again

CHESTER MAKANA

A WAR of words is brewingbetween Noko SecondarySchool and the Limpopo Edu-cation Department becausethe school has been operat-ing without teachers forthree major subjects.

Parents and school teach-ers, including the principalLesiba Gwangwa, werelocked in a protracted meet-ing yesterday in the school atPinky Sebotse village, out-side Polokwane.

Parents want the princi-pal to stand down, saying hehas failed the pupils.

The school is operatingwith seven teachers for 76pupils and does not have anagriculture and businessstudies teacher. The geogra-phy teacher had complainedto parents of his workload.

The school has seen adecline in its matric passrate from 77 percent in 2010to 28 percent last year.

The decline in the passrate has discouraged pupils,causing them to leave andjoin the better-performingneighbouring school. Thelow enrolment has promptedthe department to considerclosing the school.

FREE State ANC members willget another chance to elect anew leadership next month,a provincial ANC official con-firmed yesterday.

Free State ANC spokesmanOupa Khoabane said theprovincial task team to overseethe elections met during theweek and decided the provin-cial elective conference wouldbe held on February 23.

The one-day conference forthe election of the new provin-cial executive committee (PEC)will be held in Parys.

ANC secretary-generalGwede Mantashe announcedthe task team during a pressbriefing after a national execu-

tive committee (NEC) meetingin Bloemfontein before thestart of the Mangaung nationalelective conference last month.

There are 11 women andnine men on the team, whichincludes Free State ANC chair-man Ace Magashule, who rep-resents the party’s NEC.

It followed a successfulcourt challenge by a group ofsix disgruntled Free State ANCmembers in the ConstitutionalCourt on the legality of theprovincial elective conferenceheld in Parys in June lastyear.

The court held that the FreeState PEC elected last year wasunlawful. – Sapa

ANGELIQUE [email protected]

LAST week, two Sandton policeofficers pulled over a motorist,claimed she had drugs in her carand forced her to drive to an ATMto extort money from her.

Just four days later, policeofficers from the same station

were involved in a mysteriousaccident in an Audi R8 that sawthe businessman driver and apolice officer killed.

Police claimed they had founddagga in the car when they

pulled it over. Lieutenant-Colonel Lungelo

Dlamini said the two constablesimplicated in the ATM incident,Linda Mlambo and MahlangShaku, appeared in the Randburg

Magistrate’s Court on charges ofcorruption yesterday.

Dlamini said it was alleged thaton January 6, the two policemenpulled over a woman, and –similarly to the incident involving

the Audi R8 – she was accused ofhaving drugs in the car.

The officers then took awayher driving licence and forced herto drive to an ATM in SunninghillVillage.

A source told The Star thewoman was pregnant and CCTVfootage caught the officers forcingthe woman to draw the money.She withdrew R1 000.

The men were arrested thisweek and Dlamini said they werereleased on R3 000 bail each andwould appear in court again onFebruary 20 .

Officers in court over bribe claims

CAROLYN RAPHAELY

THE ASSAULT and torture ofprisoners is part of a pervasivepattern in what appears to bea nationwide epidemic ofwarder-on-inmate violence.

It is occurring in prisonsfrom Mafikeng to Mangaung,from Diepkloof to Durban,from Port Elizabeth to Polls-moor and from Grootvlei toGroenpunt.

Rooigrond prison inmateJohn Banda, for example, wasshot by a warder with a rubberbullet inside a Mangaungprison cell in 2009 after return-ing from the exercise yard tofind other inmates had set hiscell alight.

“The securities (sic) wereshooting in the street (corri-dor). They locked eight of us ina cell. I tried to tell the warder*I wasn’t involved with theburning, but he wouldn’t listenand threw teargas under thedoor.

“He put the nose of his gunthrough the peephole and shotme under my navel. Anotherwarder* pushed me against thedoor frame and shocked metwice with a shield.

“While I was lying on thefloor, a secu-rity* beat me inthe face withthe back of hisgun, assaultedand kicked me.Then they tookus where the CCTV camerascan’t see you, tied our handsbehind our backs, sprayed uswith fire extinguishers andkicked us.”

Banda was taken to theprison hospital and operatedon before being locked in isola-tion cells for three days, with-out being charged with anyoffence. He has the medicalrecords to prove that a bulletleft “a 12cm-long tunnel” in hisabdomen.

In a country where tortureis currently not a crime, storieslike Banda’s are not unique.

This culture of violence andimpunity among prison offi-cials is exacerbated by the factthat the Correctional ServicesAct permits the use of restraintmechanisms such as electroni-cally activated stun belts, elec-tric shock shields, leg irons,belly chains and batons.

In addition, the Correc-tional Matters Amendment Billdoes not deal with a key aspectof detainees’ experience – theuse of force by correctionalofficials or their training in theuse of restraint equipment.

The legislation permits theuse of internationally con-demned equipment that canbe employed deliberately to

violate inmates’ rights.The infamous tonfas, don-

key piel or baton, widelyaccepted as having a legitimatelaw enforcement function, caneasily be abused in the absenceof regulations governing itsuse. For example, when a bluntforce soft-tissue head injury isrecorded as the cause of death,it’s often consistent with batonabuse.

“Warders regularly com-plain that they don’t feel confi-dent using batons becausethey’re not trained to distin-guish between minimum andmaximum force,” noted JustDetention International’sSasha Gear.

Airport heist accused Uaka-rajee Maundu, 40, released onbail in May last year fromMedium A’s awaiting-trial sec-tion of Johannesburg Prison,said: “Every day I saw wardersbeating up inmates for noapparent reason.”

According to Sbu Mntambo,a former inmate of KwaZulu-Natal’s Eshowe CorrectionalCentre, the most commontorture method was beatinginmates under their feet withthe tonfas.

“Even so, the strip searcheswere the veryworst thingthat happenedto me inside.The wardersmade us stripnaked and lie

on the wet concrete floor in along chain.

“You were forced to havesomeone’s head in your arseand your head in someoneelse’s arse. If you raised yourhead, they’d hit you with atonfas.”

Similar search methodsemployed during prisonwidemass assaults by warders usingshock shields at Port Eliza-beth’s St Albans Prisonresulted in former inmateBradley McCallum success-fully prosecuting South Africaat the UN Human Rights Com-mittee in Geneva.

“At Mangaung,” Bandarecalls, “warders often calledthe special ‘securities’ whocame with dogs, shock shieldsand guns. They made you takeoff your clothes and wet you –the shock is much more power-ful when you’re wet… Theywore balaclavas so you couldn’tsee their faces.”

The Wits Justice Project(WJP) has received similarreports from prisons aroundthe country.● Raphaely is a member of theWJP, which investigates mis-carriages of justice.

* Warders’ names areknown to the WJP.

‘Assault, torture of inmates rife inprisons nationwide’

‘Another wardershocked me twicewith a shield’

Cop in supercar crash ‘a Sandton celebrity’Colleaguedefends officeron allegations ofplanting dagga

THE REMAINS: Police officers examine the wreckage of an Audi R8 that crashed into a tree last week, killing thedriver and a policeman in Saxonwold, Joburg. PICTURE: DUMISANI DUBE

The police havebeen chasingtheir tails so far