Survived: Democratic-Alliance councillor Hennopspark, Johan Jansen 71, wife Anna-Marie 73 and granddaughter Joané le Roux, 12 attacked by three black males Oct 6 2014 http://rekordcenturion.co.za/28985/gewapende-boewe-beroof-da-raadslid-en-buurman/#at_pco=tcb-1.0&at_si=54356b2d54b0f282&at_ab=per-2&at_pos=5&at_tot=6
Oct 5 2014 - In broad daylight, the Jansen family was attacked by three armed black males in their Greenpark Complex home in Hennopspark. After they tied up the family they went next door and also attacked
neighbours Jan, 71 and Delicia 69 Marais.
Jansen het gesê dat hulle na die roof erg geskok was en dat veral sy kleindogter diep deur die voorval getref was en behandeling moes ontvang om te kan slaap.
”Dit was ‘n verskriklike ondervinding, Ons sukkel nog om dit te verwerk. ‘n Dag na die voorval het my vrou bewusteloos inmekaar gestort en ek kon tot gister nog nie helder oor enigiets dink nie. Ons ontvang nou sielkundige behandeling net om die ervaring te verwerk,” het Jansen gister, nog erg ontsteld, vertel.
Ten tye van die voorval was Jansen in sy studeerkamer met ‘n telefoonoproep besig.
”My vrou en kleindogter het inkopies gaan doen en teruggekom. Van my studeerkamer het ek hulle vlugtig gesien toe hulle inkom en die inkopies op die tafel neersit. Ek het omgedraai en voortgegaan met my telefoonoproep en nie gesien hoe die drie rowers inkom nie. My vrou was ook nie bewus dat sy en Joané agtervolg word nie,” het hy vertel.
Die drie rowers, almal sowat 25 jaar oud, was geklee in Gautrein-oorpakke. Hulle het in ‘n wit Ford Ranger-bakkie sonder nommerplate gery en het Donderdag 2 Oktober omstreeks 16:30 toegang tot die kompleks verkry deur ‘n inwoner wat tuisgekom het te agtervolg en by die hek in te glip.
Die drie rowers, elkeen met ‘n outomatiese pistool gewapen, het Anna-Marie Jansen en Joané in die sitkamer vasgetrek en ‘n pistool teen Anne-Marie se kop gehou. Jansen was nog met sy telefoongesprek besig en onbewus van die aanval op sy vrou en kleindogter in die aangrensende kamer. Die rowers het Anna-Marie en Joané gewaarsku om stil te bly en gedreig om Joané te verkrag indien hulle ‘n geluid sou maak. Van die sitkamer kon hulle hoor hoe Jansen met sy gesprek voortgaan.
”Toe ek die telefoon neersit het een van die rowers my studeerkamer binnegekom, die handwapen op my gerig en gesê dat hulle my vrou en kleindogter het en dat ek moet saamkom slaapkamer toe. In die slaapkamer het hulle my vrou gedwing om die kluis oop te sluit. Hulle het daarna ons almal met ons hande agter die rug met dasse vasgebind en kussingslope oor my vrou en kleindogter se koppe getrek. Die boewe het ons gedreig dat hulle ons sou skiet indien enigeen van ons hulle senuweeagtig maak.
Terwyl hulle besig was om ons te plunder, was een deurentyd op sy selfoon besig. Ek het die indruk gekry dat die persoon met wie hy in ‘n swart taal gepraat het, besig was om hom te vertel wat hy moet doen,” het Jansen vertel.
Die rowers het die egpaar se ringe, juweliersware, kontant, hekafstandbeheerders, sleutels, TV, skootrekenaar, ‘n .38 rewolwer en fotografiese toerusting geroof.
Onderwyl die gesin vasgebind in die slaapkamer gelê het, het die rowers na die huis van Jan en Delucia Marais gegaan. Hulle bakkie was in die parkeerterrein geparkeer en hulle het vroeer by Marais se vrou verby gestap op pad na die Jansens se huis.
Marais het gesê toe die rowers die motor geparkeer het, sy aangeneem het dat dit vir aflewering van iets was.
”My vrou het op daardie stadium op die stoep gesit. Hulle het vir my vrou gesê dat hulle werk soek. Hulle het om die huis geloop en ons was totaal onbewus dat hulle toe besig was om Johan en sy vrou te beroof.
Ek was besig om lappe te was buite die kombuisdeur. Ek het daarna ingegaan om badkamer toe te gaan. Die rowers het intussen toegang tot my huis gekry deur ‘n buitehekkie langs die motorhuis wat oop was. My vrou het intussen na die slaapkamer gegaan en oefeninge op die mat begin doen toe die rowers inkom. Toe ek uit die badkamer kom het ek my vasgeloop teen die rowers. Een van hulle het sy vuurwapen op my vrou gerig en haar beveel om te bly lê,” het hy vertel.
Hulle het Marais beveel om langs sy vrou te lê waarop hulle die egpaar se hande vasgebind het.
”Ek wou protesteer want ‘n mens is bang dat hulle jou dalk verwurg of in die gesig kan skop. Een het vir my gesê ‘don’t be silly,’ en ons het toe net stil gelê,” het Marais vertel.
Die rowers het die egpaar se trouringe, ‘n diamantring en ander juwele gevat.
”Hulle het ons daarna gedwing om die kluis oop te sluit waar hulle my .303 en .22 Brno Hornet, ‘n hout tydskrifrak en ons TV gevat het,’’ het Marais vertel.
Ná hulle die Marais-egpaar beroof het, het die rowers hul buit in hul voertuig gelaai. Joané wat die geluid van die dieselenjin gehoor het toe die rowers hul voertuig aanskakel, het haar een hand losgewikkel en daarna haarself losgebind om haar oupa en ouma te bevry. Hulle het onmiddellik die huisalarm gedruk en ADT van die roof in kennis gestel het.
‘’Toe ons uit die huis kom, moes ons hoor dat ons bure deur dieselfde mense beroof is. ADT en ‘n groot groep SAPD-lede moet geluk gewens word vir hul flink en deeglike optrede. Na ons eerste oproep was almal vinnig op die toneel. Die polisie van Wierdabrug se optrede was werklik professioneel en behulpsaam,” het Jansen gesê.
Niemand is nog in verband met die voorval in hegtenis geneem nie.
Photo: (Stefanie) Die DA-raadslid van Hennopspark, Johan Jansen (71), sy vrou Anna-Marie (73) en hul 12-jarige kleindogter Joané le Roux, is Donderdag helder oordag deur drie gewapende rowers in die Greenpark-kompleks in Hennopspark, aangeval, met die dood en verkragting gedreig en beroof. Die rowers het, terwyl die Jansen-egpaar nog met hande agter die rug vasgemaak en met kussingslope oor hulle koppe in die sitkamer gelê het, daarna na die aangrensende woning gegaan en die bejaarde Jan (71) en Delicia (69) Marais ook gedreig en beroof. Jansen het gesê dat hulle na die roof erg geskok was en dat veral sy kleindogter diep deur die voorval getref was en behandeling moes ontvang om te kan slaap. ”Dit was ‘n verskriklike ondervinding, Ons sukkel nog om dit te verwerk. ‘n Dag na die voorval het my vrou bewusteloos inmekaar gestort en ek kon tot gister nog nie helder oor enigiets dink nie. Ons ontvang nou sielkundige behandeling net om die ervaring te verwerk,” het Jansen gister, nog erg ontsteld, vertel. Ten tye van die voorval was Jansen in sy studeerkamer met ‘n telefoonoproep besig. ”My vrou en kleindogter het inkopies gaan doen en teruggekom. Van my studeerkamer het ek hulle vlugtig gesien toe hulle inkom en die inkopies op die tafel neersit. Ek het omgedraai en voortgegaan met my telefoonoproep en nie gesien hoe die drie rowers inkom nie. My vrou was ook nie bewus dat sy en Joané agtervolg word nie,” het hy vertel. Die drie rowers, almal sowat 25 jaar oud, was geklee in Gautrein-oorpakke. Hulle het in ‘n wit Ford Ranger-bakkie sonder nommerplate gery en het Donderdag 2 Oktober omstreeks 16:30 toegang tot die kompleks verkry deur ‘n inwoner wat tuisgekom het te agtervolg en by die hek in te glip. Die drie rowers, elkeen met ‘n outomatiese pistool gewapen, het Anna-Marie Jansen en Joané in die sitkamer vasgetrek en ‘n pistool teen Anne-Marie se kop gehou. Jansen was nog met sy telefoongesprek besig en onbewus van die aanval op sy vrou en kleindogter in die aangrensende kamer. Die rowers het Anna-Marie en Joané gewaarsku om stil te bly en gedreig om Joané te verkrag indien hulle ‘n geluid sou maak. Van die sitkamer kon hulle hoor hoe Jansen met sy gesprek voortgaan. ”Toe ek die telefoon neersit het een van die rowers my studeerkamer binnegekom, die handwapen op my gerig en gesê dat hulle my vrou en kleindogter het en dat ek moet saamkom slaapkamer toe. In die slaapkamer het hulle my vrou gedwing om die kluis oop te sluit. Hulle het daarna ons almal met ons hande agter die rug met dasse vasgebind en kussingslope oor my vrou en kleindogter se koppe getrek. Die boewe het ons gedreig dat hulle ons sou skiet indien enigeen van ons hulle senuweeagtig maak. Terwyl hulle besig was om ons te plunder, was een deurentyd op sy selfoon besig. Ek het die indruk gekry dat die persoon met wie hy in ‘n swart taal gepraat het, besig was om hom te vertel wat hy moet doen,” het Jansen vertel. Die rowers het die egpaar se ringe, juweliersware, kontant, hekafstandbeheerders, sleutels, TV, skootrekenaar, ‘n .38 rewolwer en fotografiese toerusting geroof. Onderwyl die gesin vasgebind in die slaapkamer gelê het, het die rowers na die huis van Jan en Delucia Marais gegaan. Hulle bakkie was in die parkeerterrein geparkeer en hulle het vroeer by Marais se vrou verby gestap op pad na die Jansens se huis. Marais het gesê toe die rowers die motor geparkeer het, sy aangeneem het dat dit vir aflewering van iets was. ”My vrou het op daardie stadium op die stoep gesit. Hulle het vir my vrou gesê dat hulle werk soek. Hulle het om die huis geloop en ons was totaal onbewus dat hulle toe besig was om Johan en sy vrou te beroof. Ek was besig om lappe te was buite die kombuisdeur. Ek het daarna ingegaan om badkamer toe te gaan. Die rowers het intussen toegang tot my huis gekry deur ‘n buitehekkie langs die motorhuis wat oop was. My vrou het intussen na die slaapkamer gegaan en oefeninge op die mat begin doen toe die rowers inkom. Toe ek uit die badkamer kom het ek my vasgeloop teen die rowers. Een van hulle het sy vuurwapen op my vrou gerig en haar beveel om te bly lê,” het hy vertel. Hulle het Marais beveel om langs sy vrou te lê waarop hulle die egpaar se hande vasgebind het. ”Ek wou protesteer want ‘n mens is bang dat hulle jou dalk verwurg of in die gesig kan skop. Een het vir my gesê ‘don’t be silly,’ en ons het toe net stil gelê,” het Marais vertel. Die rowers het die egpaar se trouringe, ‘n diamantring en ander juwele gevat. ”Hulle het ons daarna gedwing om die kluis oop te sluit waar hulle my .303 en .22 Brno Hornet, ‘n hout tydskrifrak en ons TV gevat het,’’ het Marais vertel. Ná hulle die Marais-egpaar beroof het, het die rowers hul buit in hul voertuig gelaai. Joané wat die geluid van die dieselenjin gehoor het toe die rowers hul voertuig aanskakel, het haar een hand losgewikkel en daarna haarself losgebind om haar oupa en ouma te bevry. Hulle het onmiddellik die huisalarm gedruk en ADT van die roof in kennis gestel het. ‘’Toe ons uit die huis kom, moes ons hoor dat ons bure deur dieselfde mense beroof is. ADT en ‘n groot groep SAPD-lede moet geluk gewens word vir hul flink en deeglike optrede. Na ons eerste oproep was almal vinnig op die toneel. Die polisie van Wierdabrug se optrede was werklik professioneel en behulpsaam,” het Jansen gesê. Niemand is nog in verband met die voorval in hegtenis geneem nie.
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Survived: Democratic-Alliance councillor Hennopspark Johan Jansen 71, wife Anna-Marie 73, granddaughter Joané le Roux 12 three black males sought by SAPS
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Two leading members of Democratic Alliance party attacked by 3 black males: one murdered, one survived
Two leading Democratic Alliance members attacked: one murdered: Ottosdal and one survived: Hennopspark
Murder: Ottoshoop NW: Democratic-Alliance party researcher Mrs Sherrill Bester was found bludgeoned to death on October 4 2014 by three black males. http://www.da.co.za statement Oct 6 2014
Survive attack: Hennopspark Survived: Democratic-Alliance councillor Johan Jansen 71, wife Anna-Marie 73, granddaughter Joané le Roux, 12 attacked by three black males Oct 2 2014
http://rekordcenturion.co.za/28985/gewapende-boewe-beroof-da-raadslid-en-buurman/#at_pco=tcb-1.0&at_si=54356b2d54b0f282&at_ab=per-2&at_pos=5&at_tot=6
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Murder: Morroco consul El Fatmi Noureddine murdered, Pretoria guest house, only cellphone missing
Moroccan consul El Fatmi Noureddine assassinated'in Pretoria: only cellphone 'missing' October 7 2014 reports HuffPostMaghreb in French-language paper:
http://www.huffpostmaghreb.com/2014/10/07/diplomate-marocain-pretor_n_5946096.html
Pretoria - Moroccan consul Fatmi Noureddine was murdered in the South African capital city of Pretoria. He was found dead in a pool of blood at his guesthouse, his embassy said Tuesday. Police are still investigating how and why Fatmi Noureddine was killed. An autopsy is being carried out. The Morroccan authorities through its Department of Foreign Affairs are assisting the SAPS in the investigation. “The police are very cautious,” a clearly distraught (unnamed) diplomatic colleague told AFP. “It has to be a robbery.” “He did not turn up for work at the normal time, which seemed strange because he was always on time. His phone was off.”(only his cellphone was 'missing' from his home. Nothing else of any value was 'robbed', yet the SA police and the media describe the mystery-murder as 'just another ordinary crime'.)
Colleagues went to Noureddine's guesthouse, on climbing the stairs to his residence and “found him in a pool of blood,” the official said. A cell phone was said to be missing from the scene, but it was not known if he had any money at home. NOTE- More than 90 people die in violence committed against them by others each day in South Africa. HOWEVER - the police lists "culpible homicides and murders" seperately in South Africa so usually the media only quotes the daily murder rate of 47 people a day which is at the top of their statistics-listings. But the culpible homicide rate - listed down below -- should be added to obtain the correct total for people who die violently each day. And since the SAPS claims that this is an 'ordinary burglary', SAPA-AFP also noted that ' 300,000 burglaries at residential and business properties were recorded in the SAPS data from the 2013/4 book year up to April 2014.
http://www.iol.co.za/news/crime-courts/moroccan-diplomat-murdered-in-pretoria-1.1761564#.VDRHs9-jn8s
http://www.huffpostmaghreb.com/2014/10/07/diplomate-marocain-pretor_n_5946096.html?utm_hp_ref=algeria
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CORRECTION: More than 90 people die in violence committed against them by others each day in South Africa, NOT '40 or so"... . The South African police however - very cleverly - is so politicised that it publishes the "culpible homicides and murders" seperately in its crime-categories. 'Murder' is listed way on top, easy for hasty journalists -- but 'culpible homicide' can only be found way down on the same crime-list if you take the trouble to take your eyes downwards, way down... Why do they list two seperate categories for identical crimes i.a. violence deaths committed by others? It's all about propaganda: the "murder"-category is listed high on the list and so that 47-daily murder rate is quoted in all the news media reports. Nobody bothers to cast their eye down the list, if they did they would discover, on line 21 or so, the other category for the same crime, 'culpible homicide'. When you add these two categories together, the daily 'murder and culpible homicide rate' in South Africa shows that 90 people a day on average are killed each DAY. Not '40 or so'. The difference between culpible homicide and murder often has more to do with the number of shots fired at a victim; and also: road-deaths through deliberate violent actions - i.e. when the drivers use their vehicles as murder-weapons - also are included in the culpible homicide rates. Thus the South African Police Service manages to hide the fact that more than 90 people die violently at the hands of others each day. As far as this specific incident is concerned, seeing as how nothing of any value is 'missing' from the guest-house crime scene except the diplomat's cellphone, one should not presume that this was any 'ordinary burglar', especially considering who Mr Nouredinne was: a Moroccan diplomat. Thus the comment that some 300,000 'burglaries' are committed in South Africa each day, is not appropriate in this case. But thanks for taking the time to at least look at the few top lines of the South African Police crime statistics, which date from March 2013 - March 2014 - making them very old indeed. People don't know what happened in their own neighbourhood yesterday and the South African Police Service has no intention of making their crime-stats any clearer. View them at your own risk at http://www.saps.gov.za. It will take you a while to find them but keep trying!
And since the SAPS claims that this is an 'ordinary burglary', SAPA-AFP also noted that ' 300,000 burglaries at residential and business properties were recorded in the SAPS data from the 2013/4 book year up to April 2014.
RE your story:
http://www.iol.co.za/news/crime-courts/moroccan-diplomat-murdered-in-pretoria-1.1761564#.VDRHs9-jn8s
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Survived: Van Deventer familys teen sons capture mouthy black gunman who leads police to three more colleagues
Haenerstburg, Georges valley, Limpopo - Four-member farm-attack syndicate captured on Georges' Valley farm Oct 7 2014: "The gunman pushed the barrel of the rifle into the face of farmer Lourens van
Deventer's face and said: 'I am trained'... report by journalist Bertus de Bruyn, 8 October 2014 - The gunman turned out to be a loudmouthed braggard who confessed that he had raped a woman, hijacked the daughter of a top police officer in the area, that he had also shot and injured a farm worker earlier in the day. The policeman's daughter drove in the direction of Georges Valley and then drove her vehicle off the road, locking the steering mechanism. The thug then fled in the direction of the Van Deventer farm where the teen sons Lourens and Coenraad managed to capture his gun, tie him to a pole and contacted the police. It turns out that the mouthy thug's bragging led to three more comrades-in-crime and the crime syndicate now has been firmly secured and will appear in court soon, the police confirmed.
"A syndicate was captured after the gutsy actions of two brothers, the police and Northern security company - which received an emergency call from the farm GV60 in the Georges' Valley. The police also were alerted when the two brothers, Lourens and Coenraad van Deventer, managed to tie up an armed black male and tie him to a pole. Their mom Estelle van Deventer, a teacher at the Ben Vorster Afrikaans High School, and her two sons were alone on the farm. Northern Security's armed reaction guard Marius Jacobs said the black farm-invader entered the Van Deventer homestead with a loaded shotgun. 'He pushed the barrel of the gun in Lourens' face and said: 'I am trained'. Coenraad tried to grab the gun and the three men got into a scuffle, during which two shots went off - one striking a call, and the other the roof. "The one shell travelled between Lourens and me, the Lord looked after us very well, " said mom Estelle. The two Afrikaner youths managed to disarm the thug, tied him to a pole, and called help. The cops arrived en-masse: at least ten vehicles showed up. "We are grateful that hte children were not injured, imagine what could have happened." The police handcuffed the gunman and when putting him into the van, told them 'arrogantly and without emotion' that he had shot a farm-worker in Agatha earlier in the day. "The farm worker's leg probably has to be amputated from the injury,' Jacobs said. The garrulous suspect also confessed that he had hijacked the sister of a police-colonel and ordered her to drive her vehicle to Haenerstburg. " Jacobs said: "She was very brave not to listen and instead drove in the direction of Geroges Valley and about 2km up the dirt road she ran the car off the road and the steering wheel locked automatically. The thug then fled in the direction of the van Deventer farm'.
The thug was very mouthy, and also said he had 'raped a woman in Agatha, broke into a house where he stole the shotgun, robbed a bakkie in Deer Park and carried out an armed robbery in Gyiani. Jacobs said that on Monday evening around 19h00 he got a call confirming that three of the mouthy thug's friends were arrested in DanVillage and that a shotgun was confiscated.
https://www.facebook.com/boerekrisisaksie/photos/a.178568022169751.48293.116298045063416/973974675962411/?type=1&theater
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Black male gang trafficking babies menacing white Afrikaner moms in public, demands they sell their babies - spate of reports
Spate of reports on facebook from Afrikaner women accosted by black "Nigerian" males menacing towards them and offering to buy their babies. (details follow with fB page grabs attached)
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THELMA BENADE was first person to write about the baby-purchasing offer at pick'n pay Middelburg and wrote it happened to her: (page grab attached)
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Similar attempts to 'buy'i.a. kidnap white babies were thwarted before and there's video evidence. See previous recorded incidents:
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Video: 4yo white twin actually kidnapped in trolley by black woman: mother Zindie Ribbink fights with black woman getting them back: Montana shopping Centre Pretoria: police refuse to investigating kidnapping 'because nothing happened'.
http://www.censorbugbear.org/farmitracker/reports/view/2482
PAGEGRABS FROM VIDEO URL:
https://www.facebook.com/photo.php?v=10152246870903932&set=vb.745413931&type=2&theater
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VIDEO ON CHILDREN'S FATHER MR DALE RIBBINK'S FACEBOOK PAGE:
https://www.facebook.com/photo.php?v=10152246870903932&set=vb.745413931&type=2&theater
9 July 2014: Mrs Zindie Ribbink was at a pharmacy with twins, a boy and a girl, 4 at the Zambezi Junction-shopping centre, Montana north of Pretoria, South Africa. The Caxton newspaper #RekordNoord reports that the children were in a cart and when she looked away while at the counter, the buggy with her kids was gone. A CCTV video shows a woman walking out with the two children in the cart from the pharmacy.
The irate mother chased after her and returns with the cart and the children. Ribbink said she had to fight with the woman to get her children back with the woman claiming she 'just wanted to look through the buggy'.The woman had walked into the pharmacy before Mrs Ribbink did together with another black person in a red tshirt who was making a call or taking a picture on his cellphone.The other person had looked at the children, possibly taking their picture, before walking out.Her husband Dale, an airline pilot, https://www.facebook.com/dale.ribbink/about placed the footage on Facebook. They placed a formal kidnapping ATTEMPT charge with the SAPS and handed in the video as evidence. -- NOTE: The South African Police Service (SAPS) claim they can't investigate because 'nothing happened'.
https://www.facebook.com/photo.php?v=10152246870903932&set=vb.745413931&type=2&theater
http://www.censorbugbear.org/farmitracker/reports/view/2482
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Afrikaans baby kidnap attempt by gardener thwarted by Bloemhof mom Dedre Burger:
December 2 2013 13h34am Mrs Dedre Burger of Bloemhof wrote: "We have just let our people go. I was in the bathroom and heard the gardener at the backdoor where we were going. I saw the gardener with our two-year-old baby in his arms walking out the garden gate. I stormed out and grabbed my son from his arms. He was still asleep. The gardener had walked in, grabbed our boy from the cot and walked out the front door while we were at the backdoor. We are in shock. The baby was not hurt, he was still asleep. https://www.facebook.com/pages/Boere-Krisis-Aksie-BKA/116298045063416?ref=ts
-- POSTED on
http://www.censorbugbear.org/farmitracker/reports/view/1942
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LATEST REPORTS ON FACEBOOK:
Stephanie Vouris, Oct 9 2014: "Morning, I just returned from the Department of Home Affairs, and here plays the very thing which HANLIE UYS
also wrote about in this morning's post: right in front of me in line, a young white woman with a little girl at her hand:
two black males look like 'negroes' (Nigerians) push into the line and ask the woman in English how much money she wants for her child.
I hit one of the pests against his head with my handbag and started screaming for the police and they ran away.
I am so very angry, this is not a fairytale facebook story, this is reality".
https://www.facebook.com/groups/107455052963/permalink/10152730712157964/
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A bit later she writes: " This old woman (referring to herself) just got calmed down and I acted very instinctively this morning, there wasn't time to think I just wanted to get the pest away. How dare they think that our children are for sale, filthy rubbish, we must start standing up and fighting back things cannot continue this way.'
https://www.facebook.com/stephanie.vouros?fref=nf
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October 82 014: Baby-purchasing offer from menacing black males, Pick 'n Pay supermarket Middelburg Mpumalanga
Reposted by Hanlie Uys: https://www.facebook.com/hanlie.uys?fref=nf However --Mrs Annatjie Duraan spoke directly to the mom who posted the warning.
URL: -https://www.facebook.com/annatjie.duraan?fref=ufi
THELMA BENADE was first person to write about the baby-purchasing offer at pick'n pay Middelburg and wrote it happened to her: (page grab)
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Survived: Elderly, disabled Afrikaner couple, 79 and 74, attacked by 3 black males who destroyed their walkers:
Johnny Botha posts on his facebook page:
On Saturday at 20:15, three armed men threw a flower pot through my in-laws lounge window and robbed them. My father-in-law (79) right leg was amputated years ago and walks with a walker. My mother-in-law (74) can only walk with a walker.
The robbers hit Grandma and threw her to the ground and also threw grandpa down and demanded the safe keys. My brother, son and nephew were also in the apartment, adjacent to the house. They heard a noise and rushed in to fall prey to the robbers as well. They were kicked, beaten and held at gunpoint. They also broke grandma’s walker.
They stole jewelry, Tv, cash, grandfather’s .22 rifle (over 150 years old), ammunition and other smaller stuff.
It was discovered later that the gate was lifted off the rails to gain entry.
We are grateful that Aunty and Uncle were not serious hurt and that Loekie, Danie and Juandre were there in their darkest hour. Grandfather receives a pittance of the stripped Railway Pension fund and its medical benefits were exhausted earlier in the year.
The barbarians will one day be held accountable for their brutality
Drie gewapende swart barbare het Saterdagaand om 20:15 'n blompot deur die sitkamerruit van my skoonouers se huis in Horison, Rdpt gegooi en hulle beroof. My skoonvader (79) se regterbeen is jare gelede geamputeer en hy kan slegs met 'n loopraam oor die wegkom. Skoonmoeder (74) kan ook slegs met 'n loopraam loop.
Die barbare het ouma geslaan en op die grond neergegooi, oupa ook neergegooi en die kluissleutel geëis. My swaer, seun en sy neef, was ook in die woonstel, aangrensend tot die huis, en het die geraas gehoor en vorentoe gestorm, net om ook die prooi van die rowers te word. Hulle is geskop, geslaan en met vuurwapens aangehou terwyl die ander die huis gestroop het. Hulle het ook ouma se loopraam in stukkies getrap.
Die booswigte het met juwelliersware, TV, kontant, oupa se .22 geweer (ouer as 150 jr) ammunisie en ander kleiner goed weggekom. Daar is later vasgestel dat die skuifhek van die spoor gelig is om toegang tot die erf te verkry.
Ons is dankbaar dat oumie en oupie nie te ernstig beseer is nie en dat Loekie, Danie en Juandré daar was in hul donkerste uur. Oupa ontvang 'n hongerloon van die gestroopte Spoorweg Pensioenfonds en al sy mediese voordele is reeds vroeg in die jaar uitgeput.
Die barbare sal eendag moet verantwoording doen vir hul onmenslikheid.
https://www.facebook.com/johnny.botha1/posts/964993150194565
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Murder: Alan Roberts, elderly Afrikaner man shot dead in Welkom driveway
Elderly Afrikaner man Alan Roberts: gunned down in his driveway with 5 bullets on Oct 8 - but the dead man was only noticed at 9am october 9: Boere Krisis Aksie: Oct 9 2014: Gisteraand in Welkom is oom Robbie (Alan Roberts) in sy oprit doodgeskiet vir sy ou BMW voertuig. Hy is 5 keer geskiet en niemand het dit gehoor nie. Sy lyk is eers 9 uur vanoggend opgemerk.
(Earlier report: Sunette Bridges)
October 9 2014: Last night Robbie was shot in his driveway for his old BMW, in Welkom. He was shot 5 times and no one heard it. His body was only discovered at 9am this morning
↧
Trial: Anne-marie van Zyl 32, stabbed 13 times, killed by angry ex-employee Clement Ramawele: testimony Randburg trial
Story by Jana van der Merwe, Photo Mary Ann Palmer: Friday 10 October 2014. Kempton Park mom Anne-Marie van Zyl 's admitted killer Clement Ramawele
claimed in testimony to High Court judge Solly Sithole in Randburg that he
was angry when he arrived at his former employer's office, Trio Data Business Risk Consultants on Saturday 8 March 2014 and
'wanted to confront anyone there'.
He was angry because, he claimed, the company denied he worked there when businesses asked for a reference.
He claimed being 'surprised when he met Mrs Van Zyl at the business - 'he didn't have a good relationship with Mrs Van Zyl but
got along with other workers', who was his maanger.
"I asked her nicely why she denied to people that I worked there. She replied 'this does not give you a reason to be here'.
He said she insulted him as 'she started speaking in Afrikaans and called me a kaffir and said I had to leave'.
So he grabbed a kitchen knife and stabbed her to death.
However his testimony does not match the earlier testimony by her nine-year-old daughter - who was present.
She said that Marawele 'attacked my mom at once as he walked in, strangling and kicking her before stabbing herwith a knife
he had taken from his jacket-pocket.'
The little girl also testified that she jumped on Ramawele's back in an effort to get him to stop stabbing her mom.
Her five-year-old sister also was present.
Ramaphele denied in cross-questioning that he even saw the children there and denied the girl's version of events.
He also denied that his handwriting was on a threatening note at the crime scene, addressed to the victim.
This denial was in response to forensic evidence by a police expert who made a definite link to the note and his handwriting in other
documents.
The trial continues: http://www.netwerk24.com/nuus/2014-10-10-doodgesteek-n-sy-k-woord-s?vc=9fbed11162e48cb71379f3253e86974e
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Murder, Robin Kirchoff, 36 Eldoraigne member of Christian group, murdered, nothing robbed
Murder: Robin Kirchoff, 36, Eldoraigne member of a Christian fraternity, found murdered on back of bakkie: nothing robbed
http://www.pressreader.com/south-africa/pretoria-news/textview
Robin Kirchhoff, a resident of Eldoraigne and a member of a Christian fraternity, was last seen when he took his sister to Lanseria Airport on Wednesday morning.
Family spokesman Riaan Moolman, said the family started worrying when Kirchhoff did not return home.
“He did not come back. We opened a missing person’s case at Wierdabrug police station that afternoon. When he didn’t arrive that evening, we started searching for him at hospitals and mortuaries and asked the community for assistance,” Moolman said.
Robin Kerchhoff 46 was found with severe assault wounds on Schuverberg Road in Erasmus in a bushy area by a security company.
http://rekordcenturion.co.za/29231/man-found-murdered-on-the-back-of-his-bakkie/
Erasmia police Constable Tumisang Moloto said they had found the bakkie, a gold Ford Bantam, parked in the bushes with the doors open.
“The man was declared dead on the scene by paramedics. The deceased had visible injuries and bruises on the upper body. No one has been arrested and a murder case was opened,” he said.
Moolman described Kerchhoff as a humble and sincere man.
“He was extremely humble, sincere, soft spoken and always willing to give advice. He and his wife were both born on 30 August, at the same hospital and were married on their birthday. She is not taking this well. As the family, we appeal to the community to come forward with any information,” he said.
Moolman said anyone who could assist should contact the investigating officer, Warrant Officer Nkuna on 082-461-6419.
http://rekordcenturion.co.za/29231/man-found-murdered-on-the-back-of-his-bakkie/
http://www.pressreader.com/south-africa/pretoria-news/textview
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↧
September 2014 hatemurders of whites by black-racists in South Africa
Murder Monday 29 Sept 2014 at 00h10am Apie van der Walt 62, was watching TV at home Enkeldoringdraai, Arboretum, Richards' Bay. He was shot dead by an unknown black male who fired one shot when Mr van der Walt pulled back the drape to look out the window. He died shortly thereafter in hospital. Nothing was robbed.
https://www.facebook.com/permalink.php?story_fbid=738349992900604&id=625786784156926
Murder Sept 24 2014: Lynette Pamela Lavender, 60, hacked to death in her bed, Rust de Winter smallholding Limpopo: Puzzling: 4 black male suspects arrested in black township north of Pretoria 95km away. Her car was confiscated. Yet although they had enough time as their victim lived alone, nothing of value appeared to be stolen from her homestead. http://maroelamedia.co.za/blog/nuus/suid-afrika/vier-vas-vir-rust-de-winter-moord/
----
Afrikaner pensioner Tjaart Booysens. Barkley Road, Dunnottar: shot dead by two black males on September 19. 29 September 2014 http://www.censorbugbear.org/farmitracker/reports/view/2715
QUESTION AROUND MURDER: Unknown white person murdered in Muldersdrift Sept 20 2014: awaiting details of names etc. (could be Virgil Pappas which already was listed earlier) - http://roodepoortnorthsider.co.za/179636/muldersdrift-residents-put-their-foot-down-as-crime-spikes/
==============================
Summary thus far: "These are the names of the South African farmers murdered in September 2014, and September is not even over yet. None of these even made mainstream media, it has all been covered up. The truth is being hidden," writes Sunette Bridges, listing the following murders she had reported to her by local residents. (we are awaiting confirmation of some of the murders below from the SAPS. Sept 28 2014:)
•Nico Lens (56) Paulpietersburg – Shot dead.
•Marsha Lens (53) Paulpietersburg – Shot dead.
•Nelmarnie Coetzee (55) Bloemfontein – Raped and tortured to death.
•Erns Boller (74) Meerensee – Tortured and set alight
•Lilo Boller (86) Meerensee - Tortured and set alight.
•Nicolene Hamman (34) Harding – Tortured and set alight.
•Kerridge Singleton (64) Meerensee – Stabbed to death.
•Les Snyman (58) Knysna – Murdered.
•Elderly Man (86) Pinetown – Shot dead.
•John de Lange (53) George – Stabbed to death.
•Cornelius Oosthuizen (47) George – Stabbed to death.
•Dries Lombard (64) Amanzimtoti – Stabbed to death.
•Mr. De Freitas (88) Linmeyer – Bludgeoned to death.
•Shaun Pienaar (25) Johannesburg – Shot dead.
•Helmut Wohlfarter (73) Bonnievale – Hacked to death.
•Kobus Scholtz () Stella – Bludgeoned to death.
•Ron Wiggett (76) Great Brak – Stabbed to death.
•Sarel Janse van Rensburg (76) Tonteldoos – Tortured to death.
•Tjaart Booyens (76) Dunnottar – Shot dead.
•Rose Howard (86) Craighall Park – Raped and murdered.
•Virgil Pappas (45) Muldersdrift – Shot dead.
•Vicky le Roux (17) Algoa Park – Shot dead"
https://www.facebook.com/groups/111574382205718/permalink/894507313912417/
Murder: Afrikaans teen Victoria le Roux 17, shot dead while standing behind garage door at pub: struck by bullet during gunfight between two gang-members
http://www.censorbugbear.org/farmitracker/reports/view/2695
Murder: unarmed Pierre Brydges, 47, Bellefield Avenue, Mondeor: Mon Sept 24 2014: shot dead by one of four black gunmen who walked into their yard and shot the unarmed man dead while having a braai with his family.
http://www.saps.gov.za
Murder: Unnamed Craighall Park Johannesburg woman, 89, possible raped, murdered: 'burglars' crash her old white bakkie, no mention of anything 'burgled' from her home.
http://rosebankkillarneygazette.co.za/144407/graighall-park-woman-raped-killed-burglars/
Murder: Tjaart Booyens, 76, Afrikaner resident of Dunnottar, dies of gunshot wound from 2 black gunmen, in three attacks on same street: one black resident also shot in the head: his condition is not known as yet. Three attacks around 20pm on 19 September 2014 against Afrikaner families in same street in Dunnottar by two black gunmen attacking three homes, shooting at people indiscrimately...
https://www.facebook.com/boerekrisisaksie/posts/961991503827395
Murder: Unnamed Bloemfontein woman 26 killed with headshot while fleeing from black-male militia gang terrorising people returning from song festival on Meades Road and N8 highway: friend 44 critical: https://www.facebook.com/photo.php?fbid=554754784671253&set=a.107737062706363.16434.100004102094863&type=1&theater¬if_t=lik
Murder: September 11 2014 Mr Helmut Wohlfarter 74 of Bonnievale Western Cape, was found critically injured, slashed with a machete on 4 September 2014 by a neighbour. He died on 11 September 2014 in coma at the Tygerberg Hospital in Parow. We have no indications from the SA Police Service that anyone was arrested, nor whether the murder is being investigated. Page grab from Boere Krisis Aksie:
Murder: Afrikaner farm manager Sarel Janse van Rensburg, 75, two black males shot him through the head after they tied him up and tortured him: http://www.beeld.com/nuus/2014-09-19-gemartel-voor-moord
Murder: White English/Afrikaans speaking resident of Meerensee, Richards Bay KZN Mr Kerridge Singleton 64, found tied up, stabbed to death: 2 bm suspects arrested: http://zululandobserver.co.za/46774/missing-man-found-dead/ https://www.facebook.com/kerridge.singleton?fref=ts http://zululandobserver.co.za/47754/update-police-arrest-singleton-murder-suspects/
Murder: English-speaking retired Queens College Athlone teacher Ron Wiggett 76 stabbed to death: September 14 2014 in his home at The Island, Great Brakrivier, Mosselbay - http://www.algoafm.co.za/articles.aspx?mid=1&id=33
Murder: Afrikaner Andries Lombard 64 stabbed to death on Beach Road, Amanzimtoti https://www.facebook.com/boerekrisisaksie/photos/a.178568022169751.48293.116298045063416/956905314336014/?type=1&theater
Double-murders: Sept 6 2014 Swiss yachtsman Ernst Boller 74 and German wife Lilo 86 torched to death in Meerensee, South Africa home: SAPS seeking black male attackers who stole gun: car is missing. http://zululandobserver.co.za/46588/couple-burns-death-meerensee-house/
Double-murders: Sept 4 2014 Luneburg, KZN : Afriforum Ian Cameron reports: Nico and Mercia Lens were shot dead with headshots, on their farm near Luneburg in KZN, http://www.afriforum.co.za
====================
-- Cameron also wrote: "Between 1990-2013, there were 1,544 people killed in farm attacks - an average of 70 per year, one every 5.2 days.
(page grabs attached).
Previous lists:
--------------
"Between 1990-2013, there were 1,544 white people killed in farm attacks by black-racists: an average of 70 per year, one every 5.2 days. @Afriforum #IanCameron Sept42014 (pagegrab) http://www.afriforum.co.za
-----------------------------
July and August 2014 murders of whites by blacks in South Africa with excessive violence and torture: http://www.censorbugbear.org/farmitracker/reports/view/2475
---------------------------
Links to 2014 murder lists of whites slaughtered by blacks:
http://www.censorbugbear.org/farmitracker/reports/view/2490
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October 2014 murders of whites, South Africa
Murder: Motiveless hatecrime: Robin Kirchoff, 36, Eldoraigne member of a Christian fraternity, found mutilated, murdered on back of bakkie after he was reported missing, nothing was robbed
http://www.pressreader.com/south-africa/pretoria-news/textview
Murder: elderly Afrikaner named Alan Roberts shot dead with five bullets in driveway of Welkom home, only noticed next morning 9am http://www.censorbugbear.org/farmitracker/reports/view/2745
Murder: Morocco's consul in Pretoria, El Fatmi Noureddine, murdered in Pretoria: only his cellphone was 'missing', all other valuables inside guest house left untouched: October 7 2014 http://www.huffpostmaghreb.com/2014/10/07/diplomate-marocain-pretor_n_5946096.html
Murder:Democratic-Alliance party researcher in North West legislature, Mrs Sherrill Bester was found bludgeoned to death on October 4 2014 by three black males. http://www.da.co.za statement Oct 6 2014
Murder: Parkview radiologist Jennifer Butters, 55, murdered at home in fierce struggle: nothing robbed Oct 3 2014 http://www.facebook.com/boerekrisisaksie
Murder: Rape-murder victim Mrs Rose Dowdle 86 leaves behind 30 feral cats at her smallholding: Call Sandton SPCA 0114447730 of you are interested in adopting some:
http://www.censorbugbear.org/farmitracker/reports/view/2727
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Murder: trial of two blacks Middelburg Nov 4: torture-murder of farm mgr Sarel Janse van Rensburg 75
The two black male suspects arrested for the torture-murder of Mr Sarel Janse van Rensburg have decided not to apply for bail on their court appearance Oct 1 2014 in Middelburg before magistrate Kotze: the case was postponed to November 4 2014 for 'further investigation' and they remain in police-custody pending further investigations. Tonteldoos farm foreman Sarel Janse van Rensburg was found gruesomely tortured and murdered on 18 September 2014: when the family accosted the two arrested men and asked them why, they replied "sorry it was an accident...'
Tobie van der Bergh of the Middelburg Observer writes on 29 Sept 2014 that "farmers are expected to attend the court appearance on Wednesday Sept 30 in large numbers. Two arrested
black males, Papiko Mokwena and Eric Mtombeni, are being charged with murdering farm-foreman Sarel Janse van Rensburg, 75 on the farm Tonteldoos (Froggy Pond Farm).
The Observer spoke with the family of the murdered, elderly Afrikaner. They pointed out that this was 'no accident' as is being alleged by the accused.
"He was murdered 'very cruelly': shot, his head smashed to a pulp, his face bashed in with an iron pipe... Oom Sarel was mutilated'.
His niece Gloudien Thomas said 'I spoke to the murder-suspects, repeatedly asking: Why, why, why?
er parents, Johan and Gloudien Janse van Rensburg were als murdered in 2012 on their farm near Baltimore in a similar fashion: he was shot dead from a short distance and her mother seriously injured. She died 15 days later;
There are many haunting questions which the family struggles with. "I went to the farm at once to support the family - because my parents were murdered just as cruelly two years ago,' she said.
Ms Thomas said Mr Janse van Rensburg had told the farm-workers that morning that he 'was quickly going home to drink coffee. The indications were that he turned on the kettle and that his killers had followed him into the homestead. "They tried breaking in earlier but the burglar bars were too strong.
So they just ambushed him, walked into the house behind him. Ms Thomas said she 'went to look in the eyes of the suspects and kept asking them: "why, why, why?' They simply replied: 'sorry it was an accident'.
His niece: "This was no accident, this was a heartless and very cruel murder in which he was horribly mutilated by repeated blows and a shot through the head.'
Other family members who were murdered by black males were:
- Douw van Tonder, 24, 'they cut his throat as if he was a sheep", he was murdered in October 2002 on their farm near Ellisras.
Douw's wife Alicia was 'slapped around' but her life was saved by her sister, Mari-Helene van Staden, who managed to flee, climbing across razor-fencing to seek help from neighbouring farmers - and when the killers heard the cars they fled.
The Van Tonder couple had been married for only five months.
-- Her father's and Sarel's brother Gert also died 'under mysterious circumstances in an old-age home whichhas never been fully investigated: "He was assaulted'.
She asked: "How many times must a family go through this? We just don't understand this'.
http://mobserver.co.za/19032/aangeval/
===================
PIC: THE TREASURED FAMILY PORTRAIT: : Front ltr: Claudia Van Wyk (daughter); murder victim Janse van Rensburg, daughter-in-law Hanlie Janse van Rensburg:
middle Westley J van Rensburg (grandson) Rear ltr: Son-in-law Frik van Wyk, Blumcke J van Rensburg (granddaughter) Luke Steyn (grandson).
Steyn and Charl J van Rensburg (sons) and and Steyn en Charl J van Rensburg (sons); Doreen J van Rensburg (daughter-in-law).
=======================
Papiki Mokwena and Eric Mtombeni in Middelburg court for murdering foreman Sarel Janse van Rensburg on farm Tonteldoos 18September2014
These two dumb-stared males appeared in the Middelburg court and of course both are so poor that they need to apply for legal aid funds from the State
Public prosecutor Riaan Louwrens opposed bail and their case was postponed to a date next week for the formal bail application.
It was found that Mr Janse van Rensburg had been extensively tortured with a 'knife' while he was tied up - and then was killed with a head-shot just after 10am Thursday-morning 18 September 2014.
It was initially believed that he had dead from being stabbed but it was also established that he was shot in the head.
Local community volunteers and police helped trap and arrest these males.
One of the volunteers who was present at the arrest, Barries Labuschagne, said the men showed the police where they had hidden the stolen firearms and a few stolen goods
belonging to Mr Janse van Rensburg. The SAPS also suspects that they were involved in other violent crimes in the area.
Tortured while tied up: then shot dead: widower Farm manager Sarel Janse van Rensburg, 75, farm Froggy Pond, Tonteldoos outside Dullstroom, Limpopo Sept 18 2014
( Beeld daily Afrikaans paper reports that the farm manager's brother Johan, 77 and his sister in law Gloudien 62, were also murdered two years ago in June 202 on their farm near Baltimore. )
The farm manager is the fifth farm murder in Limpopo since July 2014.
The murdered man's daughter Claudine van Wyk said her father was stabbed with a knife in his chest - and then he was shot dead with a bullet into his head.
"He would have celebrated his 76th birthday in November,' his daughter told Beeld.
She said the police had to restrain her from seeing her dad when she rushed to the farm: 'his head is one big mess', she said.
SAPS colonel Ronél Otto said Mr Janse van Rensburg was working on the farm at 11am by himself.
Two black males showed up asking for jobs and water.
The widower went into the house to fetch water and was attacked inside the homestead, where he lived alone.
Afriforum spokesman Ian Cameron said 'our information is that Mr Janse van Rensburg was first beaten with a steel bar before he was tied up
with his own shoe-laces. "When he was tied up, they stabbed him in the chest with a knife - and then shot him dead by firing a bullet through his head.'
Their only loot was a tin with cash and some portable household goods.
The farm workers came across his body - workers and neighbours all reported that they had seen two black men run away through the fields.
The police were called and the two males, 21 and 25, were arrested with the money-tin in their possession.
One man was recently released on bail for an earlier house-robbery said Otto.
http://www.beeld.com/nuus/2014-09-19-gemartel-voor-moord
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DOUBLE MURDERS OF GLOUDINE AND JOHAN JANSE VAN RENSBURG:
Murders of Johan and Gloudien Janse van Rensburg: the 'white English-speaking media's viewpoint towards the murders of Afrikaners on farms in 2012: to this writer, it was all about 'race'... he didn't see the inhumanity behind these murders of Afrikaans-speaking whites at all - he instead focused on the community starting a creche for white children 'only'...
Farmers' Weekly June 26 2012 SHAWN CHRISTIE WROTE IN A COMMENTARY 'on being white"--
: "Two very different farmer reactions to recent episodes of farm violence"
Tuesday, June 26, 2012 "The farmers formed a band with the shocking name of "Plaasmoord"...
"A few months ago while bumming around North West I stumbled upon a Pieter Koen gig in a district of game ranches called Koedoesrand.
It was nothing more, nothing less than a farmer’s hall in the bushveld somewhere between Swaartwater and Alldays, and it was an all-white affair – a radio message earlier in the day had made that clear.
Everyone was in high spirits. Before I had finished my first brandy and Coke one of the district’s moving spirits pointed out some saplings and explained that several father-and-son teams had spent a day
planting trees – an exercise intended to instil and entrench the determination to stay put on the land no matter what the future brought.
This same individual enthusiastically showed me the kindergarten the community had built for working mothers. I said something like “It’s good to see farmers appreciating the life-pressures of female farm
labourers.” But I had misunderstood – the kindergarten was for white children only. The blacks, said the pillar of the community, could not afford the fees.
I believe most of those gathered in the Voortrekker Saal held similar views on racial integration, but towards the end of the night I met Wilhelm Coetsee and Gideon Swart, two self-confessed dwarstrekkers,
who had formed a band and given it the shocking name Plaasmoord in order to talk to their community about racism as a contributing factor to farm violence.
It was heartening to know that they were tolerated and to think that their soulful music, so far removed from the ‘Meisie-meisie’ garbage blaring from the hall, was possibly touching hearts and minds in the
isolated and racially-divided district. At this point Koedoesrand had not experienced a violent farm attack for years, a blessing the head of the farm watch put down to the fact that there were no urban
settlements nearby and very few roads on which to make a getaway.
JOHAN AND GLOUDINE (JANSE) VAN RENSBURG SHOT ON FARM NEAR TOLWE: and WILLIE AND SINA BOSHOFF BRUTALLY ATTACKED ON THEIR FARM IN BESTERS, KZN:
Tragedy struck last week, however, when Johan and Gloudine van Rensburg were shot on their farm near Tolwe. Johan was killed, Gloudine is still fighting for her life. I do not yet know the specifics of the
case but, having just returned from Besters in KwaZulu-Natal where, in the same week, Willie and Sina Boshoff were brutally attacked on their farm by soccer-boot wearing youths, I’m struck by obvious
differences in the way the two farming communities (and their representative organisations) have reacted.
Of course there are limits to the comparison because NOBODY DIED IN BESTERS last week. On the other hand, there’s every suggestion that the Boshoffs’ attackers meant to kill, and that Willie’s life – he
was being choked – was saved by a heroic shoulder charge from 76-year-old Sina.
The attackers stole four firearms and then – disturbingly, because it suggests advance knowledge of the way in which farmers react to distress calls – lay in wait at the gate with the stolen rifle. Needless to
say the whole experience left the Besters farming community very shaken.
NO REPORTS ABOUT FARM ATTACKS DATED 2012?
Google Willie and Sina Boshoff and a few articles about a farm attack come up, but look at the dates and you’ll see these are from 2009. There are no reports whatsoever dated 2012. The Boshoffs have been
attacked twice on their farm, but only the first attack was reported. The recent attack, which was far more serious, was deliberately kept from the media.
JOHAN AND GLOUDINE JANSE VAN RENSBURG'S double farm murders: dramatic headlines..
Now Google Johan and Gloudine van Rensburg and you’ll be faced by a page of dramatic headlines, like ‘I’ll f*cking shoot them, says son’, and ‘Do farmers have to prepare for war?’ This last bit of JINGOISM
was actually the header of a statement put out by Transvaal Agricultural Union of South Africa's deputy president and Safety Committee chairperson Henry Geldenhuys on Thursday last week (21 June). It was,
to my mind, a rather shameless, ill-advised bit of politicking.
Geldenhuys essentially linked the farm murder to ANCYL deputy president Ronald Lamola’s comments of the day before, to the effect that Africans need an act as forceful as war to get land back from white
land owners. Lamola’s comments were disgracefully reckless, but Geldenhuys’ emotional riposte is almost as disturbing, because it demonstrates no understanding whatsoever of the very complicated (and
precarious) context in which the ANCYL is currently walking and talking, having had its head literally chopped off by the party’s senior leadership in the run up to the all-important Mangaung conference.
The youth league is on the ropes, and it’s clearly decided it’s best fight-back option is to appeal to popular disgruntlement while at the same time stoking the coals under big-ticket political issues like land
reform. If political dynamics were ocean currents, this fight between the current ruling elite and the country’s narrowly nationalistic youth would be the Agulhas – huge and very difficult to navigate, especially
for minority groups in their little boats.
Rattling sabres as the boat proceeds to pitch and toss on these waves seems utterly pointless to me, and quite possibly a dangerous distraction from the real work at hand. Then again, is the Besters
approach any better? As a journalist I feel compelled to say no, because the country desperately needs to study and talk about issues as complicated and painful as farm violence if we’re ever to come up with
solutions. Instead of linking one family’s tragedy to a politician’s rhetoric, we ought to be seeking to understand the specifics of instances of all forms of farm violence, be it black on white, white on black, or
black on black.
The Besters attack, for example, is potentially an entry point for a fascinating investigation into the impact of land reform on rural security. Besters is the site of one of the country’s major land reform
projects. Academics and policy advisors have analysed the transfer model for years, but nobody can really tell you whether the changes in the district’s social dynamics have given rise to violent crime, or
whether, in fact, the more equitable distribution of land has eased tensions.
But can the media be relied upon for the depth of analysis that’s needed? Farm attacks tend to be reported in sensationalist language on front pages, because they speak to the darkest imaginings of South
Africa’s nervous middle-classes and therefore sell papers.
The Boshoff family, having been through both an attack (and the experience of being reported on) before, chose not to go through that process again. It’s also the policy of the Besters Farmers Association
(BFA) to be circumspect in general when talking to the media, because the experience of being a land reform test case has repeatedly brought journalists into the area.
Journalists who, claim the BFA’s leaders, do more harm than good by failing to get to grips with the area’s complicated and precarious social ecology. They feel their problems won’t be solved in the media,
but rather by the brokering of effective partnerships between commercial and emerging farmers, and between all farmers and the police and other provincial service providers.
Which strategy serves farmers better, the cover of silence or the howl of rage? I’ve made my bias fairly obvious, but in the coming week I’m hoping to put this question to Rory Pilisoff, author of The
Unbearable Whiteness of Being, which explores how the communication strategies of Zimbabwe’s commercial farmers changed over a 40-year period, and whether these strategies ultimately served the farmers
or contributed to their downfall. "
I WONDER HOW SHAWN CHRISTIE, THE PERSON WHO WROTE THE ABOVE DRIVEL NOW RESPONDS TO THE ONGOING GENOCIDE OF WHITE FARMERS, INCLUDING ENGLISH-SPEAKERS, TODAY?
The COUPLE's daughter who had to struggle with the double-murders of her parents, on September 18 2014 was confronted with the cruel torture-murder of the beloved 79-year-old uncle who had become like a second father to her:
Middelburg farm-manager Sarel Janse van Rensburg, was so extensively tortured before they executed him with a bullet in his brain, that his face was onrecognisably smashed to a pulp. "They mutilated him, said his heart-broken niece to the Middelburg Observer. When the two 'suspects' were brought in by the farm-watch who had captured them, she asked them repeatedly: 'Why". The two thugs replied: 'sorry, it was an accident'.
http://www.censorbugbear.org/farmitracker/reports/view/2676
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Hatemurders against whites in South Africa by black-racists in 2014 thus far, and in 2013
Names of white South Africans murdered by armed black males from October 1 2013 to September 30 2014. http://www.censorbugbear.org/farmitracker/reports/view/2713
Hatecrimes against Afrikaners and white English-speaking South Africans by blacks in 2014 and 2013 thus far:
Maps http://www.censorbugbear.org/farmitracker/reports/view/2618
September 2014:
http://www.censorbugbear.org/farmitracker/reports/view/2633
August and July 2014
http://www.censorbugbear.org/farmitracker/reports/view/2475
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January 2014:
http://www.censorbugbear.org/farmitracker/reports/view/2036
February 2014:
http://www.censorbugbear.org/farmitracker/reports/view/2113
March 2014:
http:www.censorbugbear.orgfarmitracker/reports/view/2210
April 2014:
http://www.censorbugbear.org/farmitracker/reports/view/2289
May and June 2014:
http://www.censorbugbear.org/farmitracker/reports/view/2348
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SA President Zuma Sings Kill the Boer: the song which two South African high courts ruled were genocidal calls for the annihilation of the Afrikaner/Boer whites in South Africa.
https://www.youtube.com/watch?v=6fzRSE_p1Ys
Year 2013:
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Farm murders 1994 to 2014: Analysis by Transvaal Agricultural Union of South Africa submitted to Human Rights hearings 16 Sept 2014
Farm murders: Analysis submitted to GenocideWatch.Net by the Transvaal Agricltural Union of South Africa:
By Chris van Zyl 16 September 2014
-- In submission to the South African Human Rights hearings on the security problems on farms, TAU-SA chairman Chris van Zyl said violence used is often massively disproportional to alleged “motive” of attack
Introduction
Violent crimes against farm dwellers, and in particular such crimes committed against farmers and their families, is a relative recent phenomena since unionisation in 1910.
Prior to 1986, very little recorded evidence of noteworthy occurrence of violent crimes on farms and agricultural smallholdings exists.
The prominence thereof, is obvious since the middle eighties and continues to this day.
The content of this submission is based on the following:
-- Professional experiences as a SADF / SANDF member 1966 – 2002. The following appointments in particular demanded a direct involvement in Rural Safety:
- Senior Staff Officer Command Communication, Eastern Transvaal Command, 1 January 1987 – 31 December 1992.
-- General officer Commanding Western Province Command, 1 February 1997 – 18 November 1999, General Officer Commanding Regional Joint Task Force West, 20 November 1999 – 31 July 2003.
-- In both the capacities the undersigned acted first as co-chairperson of the Western Cape Provincial Operational Coordinating Committee and for the latter part as GOC RJTF West, not only as co-chairperson for the Western Cape POCOC, but also for the Northern Cape POCOC.
-- Experience as senior management member of TAU SA, specialising in Rural Safety, August 2003 to date. In this capacity the undersigned represented TAU SA on the National Priority Committee for Rural Safety.
AIM:
This submission aims to highlight violent crimes against farm dwellers, also referred to as “Farm Attacks” and to offer evidence which will illuminate the development thereof to the present day.
"The occurrence of violent crime against farm dwellers rose to levels causing concern in the latter half of the eighties. At that stage the liberation struggle in the Republic of South Africa (mounted by the current African National Congress' militia-operatives Umkhonto We Sizwe (spear of the nation) well within the country’s borders, followed a pattern similar to what was experienced in the erstwhile Rhodesia and SWA / Namibia where very little, if any, distinction between military targets and so-called “soft targets” (civilians) was made.
-- Whereas attacks by insurgents armed with small arms occurred, the indiscriminate use of land mines on dirt roads frequented by farmers also became evident claiming the lives of innocent farm workers. In fact, the first victim who died as a result of a land mine explosion, was Jas Balie (25), a black tractor driver who was killed on 27 November 1985, one day after the first landmine exploded in South Africa on 26 November 1985 during which Edward Meluba who was a passenger in the vehicle, died a few days later.
-- In tracing evidential indicators as to what triggered and elevated farmers to the level where they were regarded as "legitimate targets", two specific broadcasts by Radio Freedom dated respectively 26 February 1986 and 28 October 1986 were traced. These stated:
-- “Umkhonto we Sizwe is a revolutionary army and it is not about to embark on mayhem against whites, civilians, against children, but we are going to step up our attacks against enemy personnel. We are referring to the members of the police forces, to the members of the SADF, to those in the administration terrorising and harassing our people, to those farmers and other people who are part of the defence force of our country, of the military, para-military and reserves.”
“… farmers were not simply being targeted for their involvement in SADF structures but for racial and ideological reasons as well”.
(James Myburgh, Politicsweb, 20 September 2011)
RESPONSE BY (ANC-) GOVERNMENT AFTER 1994
The unabated and escalating violence against farm dwellers continued beyond 1994 and available statistics indicate that there was a steady increase in both attacks and fatalities. This unacceptable state of affairs resulted in an urgent request by the then South African Agricultural Union in 1997 that government should address the situation as a matter of urgency.
In October 1997, a comprehensive Rural Safety Strategy was jointly produced by the SA Police Service and the SA National Defence Force. This strategy utilised the resources of both departments, supported by the capabilities and capacities of other stake holders which were jointly integrated in joint operational structures which were responsible for the planning and execution of operations. The capacity available in the Commando system of the SANDF, augmented by SAPS resources, was primarily utilised to create a nation-wide presence in rural areas. The mere fact that Commando members were predominantly local residents who knew the area and who served on a voluntary basis without expecting compensation, was a huge advantage.
The late President Mandela convened a national summit in October 1998 during which the issue of rural safety in general, but the occurrence of violent crimes against farm dwellers in particular, was discussed. This impetus impacted positively on the execution of the Rural Safety Strategy which was already in operation and resulted in the refinement of the system.
In the period immediately following the summit, it became apparent that the continuation of the problem necessitated the establishment of a National Priority Committee for Rural Safety. Both the SAPS and the SANDF were represented on this committee by senior officials whilst organised agriculture was also co-opted and thereafter regularly attended Priority Committee meetings.
In April 2001, President Mbeki appointed a Committee of Inquiry, chaired by Advocate C.F. du Plessis and consisting of seven academics and researchers, to investigate farm attacks. Before the report was made public on 31 July 2003, President Mbeki announced the closing down of the Commandos on 14 February 2003.
The President’s announcement indicated furthermore that a new SAPS Sector Policing system would seamlessly be introduced to ensure the continuation of service delivery. Much emphasis was placed on the recruitment of sufficient reservists to replace the loss of human resources which was previously available from the ranks of the Commandos.
The findings of the Committee of Inquiry into Farm Attacks were made public on 31 July 2003.
MBEKI'S WITHDRAWEL OF COMMANDOS REMOVED VALUABLE KNOW-HOW AND EXPERIENCE:
As a result of President Mbeki’s announcement, the military withdrew in a phased process from the internal security situation and in time the SAPS also took over the border protection duties of the SANDF. Whereas the Sector Policing system was well designed and implemented in an increasing number of metropolitan, peri-urban- and rural areas, to date the effective implementation thereof in agricultural areas leaves much to be desired. During this process, valuable know-how and experience was lost with the disbandment of the commando system, as these persons in general did not continue serving under the SAPS command system by becoming reservists, due to the procedural requirements to be integrated into the SAPS. Very little progress was made with the recruitment of reservists which gradually led to a loss of interest.
DEFINITION OF A “FARM ATTACK”
For the purposes of this submission, the definition as utilised by the 2001 Committee of Inquiry into Farm Attacks, as well as the updated definition approved by the National priority Committee on Rural Safety is used for statistical purposes. The 2001 definition is:
-- “Attacks on farms and smallholdings refer to acts aimed at the person of residents, workers and visitors to farms and smallholdings, whether with the intent to murder, rape, rob or inflict bodily harm. In addition, all actions aimed at disrupting farming activities as a commercial concern, whether for motives related to ideology, labour disputes, land issues, revenge, grievances, racist concerns or intimidation, should be included. Cases related to domestic violence, drunkenness, or resulting from commonplace social interaction between people are excluded from this definition”
The later definition is:
“Acts of violence against farms and smallholdings are those acts aimed at any person or persons living on, working at or visiting farms or smallholdings with the intent to either murder, rape, rob or otherwise inflict bodily harm or to intimidate.
For statistical purposes the following crimes are listed as specific acts which constitute violence against farms and smallholdings:
Direct acts against the person / victim(s)
Murder
Attempted murder
Rape
Assault GBH
Robbery
Armed robbery (including vehicle hijackings)
Indirect acts
Intimidation
Arson
Malicious damage to property
EXCLUDED: CASES RELATED TO DOMESTIC VIOLENCE, DRUNKENNESS, COMMONPLACE SOCIAL INTERACTION:
The monitoring of these acts of violence resulted from discussions between Government and Organised Agriculture and the recognition by Government that this type of violence poses a specific crime threat which requires specific attention.Cases related to domestic violence, drunkenness or commonplace social interaction between people on farms and smallholdings are excluded from this definition. (Such cases have to be attended to by the police as part of normal policing).
It is important to determine as accurately as possible the motive behind these acts of violence. Special attention should be paid to determine whether those are aimed at disrupting the commercial activities on a farm or smallholding for purposes related to political, ideological or racist considerations, or whether labour and land disputes, revenge or any other reason are involved.
Note: In the absence of formal definitions of what constitutes a “farm” and what a “smallholding”, the so-called Thursday Committee (a sub-committee of the Priority Committee on Rural Safety which meets on Thursdays to evaluate all reports of violence against farms and smallholdings) is totally dependent on the information provided by the Provincial, area and station offices to determine whether the premises on which a (violent) act was perpetrated are to be classified as either a farm or a smallholding. This distinction is also necessary for the separation of statistics pertaining to acts of violence against farms and smallholdings.”These definitions are applied as the standard to determine what qualifies as a ‘farm attack” as reflected within the TAU SA data-base and what is to be excluded.
TAU SA STATISTICAL DATA 1990 – 2014
The TAU SA data base was established after statistics specifically pertaining to farm attacks in the SAPS National Commissioner’s annual report, was omitted in 2006 / 2007 and thereafter. TAU SA is dependent on the reports from its structures in the various provinces, media reports as well as other data bases in the social media to compile its own statistics. The publication of the book “Land of Sorrows” in 2011 was also jointly utilised by TAU SA and Solidarity to invite the public to report cases of farm attacks not reflected in the publication.
-- New cases of confirmed incidents were included in a second edition published in 2012. Whilst it is acknowledged that not all cases of violent crimes on farms are included, the cases reflected therein represent a conservative confirmed record of crimes meeting the definition and subsequently confirmed. It is also submitted that the number of non-fatal attacks in particular, should be regarded as extremely conservative because not all cases of attempted murder, assault to do grievous bodily harm, rape and common assault are reported in the media unless the injuries were considered to be extremely serious or the victim was a well-known personality.
-- A total of 1734 murders and 3341 attacks since January 1990 to 15 September 2014 are reflected in the TAU SA data-base. It should also be noted that after a peak in reported murders during 2004 (115) the situation has stabilised at a still-unacceptable level of an average of 62 murders annually.
-- The statistical record for Farm Attacks from January 1990 to 15 September 2014 is reflected in Appendix A.
ANALYSIS OF VICTIMS
The requirement to determine the status and occupation of victims led TAU SA to undertake an analysis of those murdered. Considering the apparent perception that TAU SA is primarily interested in the lot of victims from European (white) origin, the broad classification of “race” was included to enable a proper interpretation of the results.
The analysis of murdered victims is reflected in Appendix B.
Based on this analysis and other available statistics, Dr Johan Burger from the Institute for Security Studies concluded the following comparative ratios based on the universal practice to base such ratios on the 100,000 base line for 2012 / 2013:
National murder average in the general population 31,1
SAPS members murdered: 54,0
Farmers murdered: 132,8
PRIME TARGET AREAS
Based on the available statistics, the priority target areas are the following:
Gauteng – Murders 382 / Attacks 698 / Total 1080
Mpumalanga Province – Murders 239 / Attacks 646 / Total 885
Northwest Province – Murders 251 / Attacks 573 / Total 824
Limpopo – Murders 184 / Attacks 391 / Total 575
It is equally noticeable that in comparison the high levels of violent crime on farms and agricultural smallholdings in the Northern provinces, the situation in the Western- and Northern Cape Provinces is comparatively less violent. It is equally noticeable that in the targeted provinces, a comparison between the occurrences of farm attacks over a three year period reflects a pattern which may indicate that as wide a geographical area as possible is evidently covered in order to deliberately create a perception within the farming community that a much bigger target area is threatened. An example of this is reflected in a map plot of Gauteng Province indicating the incidents (attacks and murders) of the last three years in Appendix C.
-- It is equally noticeable that farming areas where an effective safety- and security capability exists either in the form of a security company or a farm watch, are avoided by criminals and the prevalence of violent crime is noticeably lower compared to other areas.
POORLY REPORTED CRIMES
A number of other crimes committed on farms and agricultural small holdings relevant to the current situation are vastly underreported primarily because such complaints are not regarded as serious by the SAPS. These include the following:
-- Arson (even though it is included in the current definition and causes extremely serious and wide-spread danger to life and damage to livestock, crops and property)
-- Malicious Damage to Property
-- Illegal hunting.
-- Stray dogs.
The fact that these issues, which could be underlying causes for conflict which may result in more serious consequences, are often either ignored, rejected or underestimated by the authorities (including the police) as to the damage which could be caused by unanticipated outcomes. It has repeatedly been stated that the inhuman or harsh treatment of farm workers could well be the cause of retribution against the farmer. This motive has not been validated and therefore demands due consideration and correction.
RESPONSE TO SPECIFIC ISSUES RAISED BY THE HRC
“What is your experience in relation to violence committed against farm owners as well as against farm workers?”
-- The TAU SA analysis of its database confirms that irrespective of race in comparison to farmers, far fewer number of farm workers are victims of violent crimes. What also needs to be recorded is the abnormal high level of brutality during attacks, which is a major concern.
-- Repeated accusations in the past forthcoming from ministerial level as well as from state departments, made mention of a variety of crimes ranging from murder to illegal evictions committed against farm workers. Despite repeated efforts to substantiate such accusations, very little factual confirmation was forthcoming. Instead this propaganda uses isolated cases to deliberately create the perception that such practices are widespread.
-- “Would you estimate that a large number of violent incidents are racially motivated, or criminally motivated, or both?” -- Very little, if any, evidence exists of whites being the perpetrators of farm attacks.
-- In the same breath, the vast majority of victims are white whilst the overwhelming number of those committing the crimes are black. The obvious racial composition of the two groups conveys a message in itself, which leaves very little space for other arguments other than in the case of farm attacks that racial bias (which could be interpreted as hatred) is prevalent.
HATESPEECH
"This is furthermore supported by reported racist utterances by the criminals addressing their victims as “white pig”, “white bitch” and “dog”, etc.
It needs to be pointed out, however, that in the Summary of the Report, the Committee of Inquiry found that the degree of violence and cruelty present during farm attacks was exceedingly high and most state advocates attributed this extreme violence to racial hatred. There is no recent evidence contradicting this finding. (Page 428)
-- The level of physical abuse (including confirmed cases of deliberate torture) counters the popular statement that the motive for the crime is common assault, robbery or theft. In most cases, there is little resemblance of an acceptable relationship between the level of violence used against the victims and the superficial motive for the crime. A formal request to the National Priority Committee on Rural Safety to include the possibility of “muti” or the role of “traditional healers” (which played a role in the Marikana incident) in the investigation of serious violent crime produced no results other than an uncomfortable silence after the request was tabled.
-- A case in point is the recent murder of Mr and Mrs Lens on 2 September 2014 of the farm Elim in the Groenvlei district. Both unarmed victims were killed “execution style” by being shot in the back of the head at close range. A summarised report of the incident (Groenvlei CAS 2/09/2014) is attached as Appendix D. What is disturbing is the fact that the late Mr Lens had formally reported a threat by a farm dweller to kill him during an earlier altercation to the police -- but no action whatsoever was taken. (Should it be required, an affidavit of an eye-witness on the scene shortly after the crime was committed, can be obtained and submitted.) Similar detail is available in the book “Land of Sorrows” – a copy of which could be provided on request.
-- It cannot be argued that the perceived motives for violent crimes on farms and smallholdings are not related to the robbery / theft of firearms, cash or other valuables, but irrespective of the application of the 2011 Rural Safety Strategy and the (theoretical) priority thereof, little seems to have changed and the level of brutal assault and murder remains at the post 2004 average. At the same time, the number of farmers is declining.
-- The extreme level of unemployment causes the unemployed to regard the farm dweller as an easy target due to remoteness and distance from immediate support in the case of being attacked.
-- NOTE THAT during the duration of the 2010 Soccer World Cup a dramatic drop in violent crimes on farms and smallholdings were recorded and not a single murder took place during the six week period before and after the event. No sooner had the last foreign visitors left, when the familiar pattern of farm attacks resumed.
“What is your experience relating to living conditions and labour practices employed on farms?” -- Within the ranks of organised agriculture, the conformation with legal requirements pertaining to labour and providing proper housing, is generally accepted and applied. A recent statement by the Department of Labour confirmed that the vast majority of (of the estimated 15,000 white) commercial farmers comply with the letter of the law. It should be borne in mind that no standard exists to define “proper housing” on farms. Such structures are constructed at the cost to the farmer. In this regard the cumulative implications of ESTA, and the fact that many farm dwellers are in fact no longer in the employ of the farmer, but remain "entitled" to the houses which were occupied during their service. Additional houses therefore require to be constructed when new workers are employed.
-- The agricultural sector is currently the only sector of the national economy where continued security of tenure is legally enforced. Not only does this create strained relations between the landowner and people not in his employ, but it gradually erodes the property to which he is entitled.
-- Compared to other job seekers and employees, farm workers are far better off than many people doomed to a sub-standard RDP house far removed from the workplace which in itself creates additional expenditure in the form of transport costs.
-- “In your experience, do private security firms adhere to constitutional principles in effecting their mandate?” With the exception of large commercial agricultural enterprises who can afford the services of security companies, the vast majority of farmers in rural areas are unable to do so. This is primarily due to the fact that the time and distance factor in outlying areas in relation to the potential number of clients considerably adds to the cost of service when compared to the same in high density urban areas. This situation is exacerbated due to the significant number of absent- and part-time farmers who have little concern for the safety and well-being of the wider community within which their properties are located.
There are however a number of companies active in providing safety and security services to the farming community. Such enterprises are legally bound to be accredited to PSIRA and as such subject to regular inspections and control measures. In this regard they have no option than to be legally compliant.
“In your experience, has the service delivery offered by the South African Police Service improved since the last hearing was held by the Commission in 2008?”
Based on the continued levels of violent crime as reflected in the database of TAU SA, the nett effect of service delivery has not improved. In this regard the question whether SAPS members at station level realise that violent crimes on farms (irrespective of who the victims might be) should be treated as a priority, could well be raised. Too many reports are forthcoming of SAPS members either being unwilling to register complaints or to respond to such complaints within an acceptable time and manner.
Furthermore it seems as if too many priority crimes (rural safety, rhino poaching, precious metals, non-ferrous metals, ATM bombings, cash in transit, elections, etc.) and insufficient resources to address the challenges and obligations result in no priority being treated like a priority.
Delays experienced with the SAPS Reservist Policy contributed to the creation of a void which had a detrimental effect on rural safety (and probably on other areas of policing as well). The lack of funds results in a shortage of critical equipment such as firearms, radios, bullet proof vests, handcuffs, torches, etc. as well as functional training in disciplines required within the rural safety environment. The latter applies in particular to the protection of crime scenes before forensic evidence has been collected.
A major communication challenge exists between farmers and SAPS members unable to communicate effectively and clearly (especially in emergencies) with each other when they are both used to mother tongues not understood by the other. The assumption that all are fluent in a common language is removed from reality. No progress in this regard has been made.
Rather than regarding Farm Watches as beneficial to the maintenance of law and order, especially as far as farm safety is concerned, there is a perceived and unnecessary suspicion amongst some officials which prevents co-operation, creates friction and thus neutralises efficiency.
A belief exists within the farming community that pre-emptive action based on crime intelligence, which could have prevented murder and serious injury, does not exist, irrespective of the community’s willingness to report situations which could escalate to violent crime. In fact, it is seriously questioned whether the police are capable of generating timely intelligence aimed at crime prevention in all aspects related to crime on farms.
The original focus of prioritising and preventing farm attacks was lost within the wider spectrum of “rural crime” occurring within the bigger rural community and which could include many transgressions of the law not specifically contained in the initial and subsequent definition of a “farm attack”. Resources, already unable to cope with policing the rural area at large is therefore further watered down having to attend to social crimes which are not regarded as having “priority” status.
The distance from the nearest SAPS station in rural areas to the scene of the incident, is generally significant and is a major constraint to react to a reported incidence. Furthermore, poor maintenance of gravel roads, affects the time to respond as well as availability of serviceable vehicles.
“What strategies could be implemented to improve the effectiveness of rural safety plans and overall sector policing strategies?”
Clear and unambiguous political condemnation of farm attacks by the President and cabinet ministers, in the same vein as similar condemnations of SAPS members murdered in the execution of their duties is urgently and consistently required. Their obvious silence in this regard could be interpreted as non-verbal approval thereof thus resulting in a continuation of murder and mutilation. In the minds of some, the 1986 declaration of farmers as “legitimate targets” may still be in force.
The protection of isolated and vulnerable farmers and farm dwellers and the rural economy in general should be regarded as a national- and strategic imperative to ensure food security.
In essence the recognition of farm related violent crimes and the application of deliberate actions as contained in the Rural Safety Strategy will go a long way to improve the current situation.
The current situation could be improved by the following additional considerations:
Redefining the issue of “Rural Safety” to ensure alignment with the original intention of focusing on farm attacks and agriculture-related crime.
Ensuring that sufficient resources (both of the human and logistical kind) are allocated to servicing the core of the priority.
A higher degree of sensitivity regarding the “land issue” which is causing tremendous uncertainty in certain quarters is required. Irrespective of formal policy developments, ideological utterances from political and extra-parliamentary groups which implies totally unacceptable repercussions perceptually based on restitution, security of tenure, etc. could create an explosive situation should land- and farm occupations and threats against legal land- and property owners materialise in the absence of statutory protection of law-abiding citizens.
The introduction of a decentralised crime intelligence capability to service and support the Rural Crime functionaries.
Closer cooperation between the SAPS, security companies, organised agriculture and farm watches.
Greater emphasis on the combatting of so-called less serious crimes such as arson, malicious damage to property, trespassing and illegal hunting whilst at the same time being supportive of landowners protecting their property and livelihood against these crimes.
The necessity to rely on security measures specifically catering for isolated and vulnerable people beyond the rapid response of the nearest police presence, require due consideration of the possibility to subsidise the acquisitioning of related alarm- and security systems as well as appropriate firearms suitable for self-defence against criminals often armed with semi-automatic weapons.
Whilst this input is provided from an agriculture perspective, the need for public policing of both formal- and informal settlements in rural areas should also be emphasized. In many cases criminally orientated and unemployed persons create a potential criminal presence which could spill over to farms and agricultural holdings.
Increased visibility of crime prevention authorities through all hours of the day. This necessitates that arrangements and structures to be in place to allow local inhabitants to participate in these actions thus enhancing capacity.
At national level, government needs to ensure policies are in place to allow society, which includes the agricultural sector, to flourish economically thus creating an environment for increased employment.
CLOSING COMMENTS
Option within the farming community that they continue to be regarded as “legitimate targets” undeserving of due consideration and proper
The silence of official sources of public standing and the half-hearted implementation of the Rural Safety Strategy reinforces the perceprotection. In doing so, the “Us” and “Them” attitude resulting from the liberation struggle is still prevalent. Not a single denouncement from a national ministerial level can be recalled. Surely, 20 years down the line after the 1994 watershed, the critically important role of the farming community in the South African economy deserves unqualified support.
The question may well be posed – If we accept that the 2003 Report on this matter, augmented by the 2008 Progress Report made sufficient provision for the combatting of farm attacks, and had the 2003 Report of the Committee of Inquiry into Farm Attacks been properly implemented, how many lives and suffering might have been saved? What we fail to address, we fail to solve and improve.
CHRIS VAN ZYL, MAJ GEN (RET)
ASSISTANT GENERAL MANAGER: POLICY LIAISON, TAU SA
Issued by TAU SA, September 16 2014
Copyright 2014 TAU SA
Featured Image: Two of Babanto Chauke’s fellow farm workers allegedly beat him to death with oranges in South Africa. Copyright 2014, Heinrich van den Berg/Getty Images/Gallo Images
http://genocidewatch.net/2014/09/18/farm-murders-tau-sas-analysis/
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Human Rights Violations: refusal to advance SAPS lt-col Renate Barnard to superintendent post because she is white, 'is not unconstitutional' rules Equality Court, sets aside previous ruling
Constitution of South Africa does not protect white South African police officers. In the case in the Equality Court on behalf of the SA PoliceService against Afrikaner Captain Renate Barnard: the Equality court has ruled the previously proven racial-discrimination by the police 's refusing to advance her in her job only because she is white, was 'not discriminatory"
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CONSTITUTIONAL COURT OF SOUTH AFRICA Read entire case: http://www.saflii.org/za/cases/ZACC/2014/23.html
Case CCT 01/14 In the matter between SOUTH AFRICAN POLICE SERVICE -- Applicant
and Solidarity Trade Union movement obo Renate M BARNARD, respondent
and POLICE AND PRISONS CIVIL RIGHTS UNION Amicus Curiae
Neutral citation: South African Police Service v Solidarity obo Barnard [2014] ZACC 23 http://www.saflii.org/cgi-bin/LawCite?cit=%5b2014%5d%20ZACC%2023
Coram: Moseneke ACJ, Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Khampepe J, Madlanga J, Majiedt AJ, Van der Westhuizen J and Zondo J
Heard on: 20 March 2014 Decided on: 2 September 2014
Summary: Section 9 of the Constitution — equality — unfair discrimination — restitutionary measures
Employment Equity Act 55 of 1998 — section 6 — unfair discrimination — affirmative action measures http://www.saflii.org/za/legis/consol_act/eea1998240/
Employment Equity Act 55 of 1998 — section 15 — affirmative action measures — designated employer
South African Police Service Employment Equity Plan — numerical targets — white designated race groups -
South African Police Service National Instruction 1 of 2004 — National Commissioner vested with discretion to fill vacancy to advance representivity and enhance service delivery
ORDER
On appeal from the Supreme Court of Appeal (hearing an appeal from the Labour Appeal Court, Johannesburg):
1. Leave to appeal is granted.
2. Condonation for the late filing of written argument is granted.
3. Leave to supplement the record is granted.
4. The appeal against the decision of the Supreme Court of Appeal is upheld.
5. The order of the Supreme Court of Appeal is set aside.
6. The order of the Labour Appeal Court is upheld subject to paragraph 7 of this order.
7. There is no order as to costs in the Labour Court, the Labour Appeal Court, the Supreme Court of Appeal and in this Court.
JUDGMENT
MOSENEKE ACJ (Skweyiya ADCJ, Dambuza AJ, Jafta J, Khampepe J, Madlanga J and Zondo J concurring):
Introduction
[1] This case brings to the fore difficult, if not emotive, questions of equality, race and equity at the workplace. The issues surface in an application, by the South African Police Service (Police Service), for leave to appeal against an order of the Supreme Court of Appeal.[1] That Court set aside the order of the Labour Appeal Court[2] and concluded that the decision of the National Commissioner of the Police Service (National Commissioner) not to promote an employee of the Police Service, Captain Renate M Barnard (Ms Barnard), unfairly discriminated against her on the ground of race contrary to section 9(3) of the Constitution and section 6(1) of the Employment Equity Act[3] (Act). The core issue in that and this Court remains unchanged. Did the National Commissioner’s decision unfairly discriminate against the respondent?
[2] Ms Barnard is a member of a registered trade union, Solidarity, which has represented her throughout the litigation. She and her trade union oppose the application and urge the Court to dismiss the appeal. She has since been promoted to the rank of Lieutenant-Colonel in the National Inspectorate Division of the Police Service. If she were to succeed, she would not seek to be appointed to the position she sought earlier but an order for compensation permitted by the Act.[4]
[3] This Court has admitted the Police and Prisons Civil Rights Union as a friend of the court (amicus curiae). It operates as a trade union in the Police Service, the Correctional Service and the traffic departments. The amicus curiae and the South African Police Organisation are members of and parties to the safety and security sectoral bargaining council[5] (bargaining council). The Police Service Employment Equity Plan which sits at the hub of this dispute was negotiated and adopted by the same bargaining council.
Initial issues
[4] Before I narrate the facts, let me dispose of three preliminary matters. None should detain us. Leave to appeal should be granted. We are seized with a dispute over pressing constitutional concerns of equality and non-discrimination – matters of considerable personal and public importance. Moreover, the divergent reasoning and outcomes of the two appellate courts impel us to resolve the dispute.
[5] We have to decide whether the applicant and the amicus curiae may supplement the truncated record filed in this Court. It is in the interest of a proper adjudication of this dispute that the record be supplemented. The record is minimal and contains neither new nor disputed matter. It is drawn from the full record that served before the preceding courts. No prejudice has been claimed or suffered by any party. Also, the added record is helpful because it provides insights into the submissions before us. Third, we condone the late filing of the applicant’s written argument. It was one day late and the delay is adequately explained. Neither the Court nor parties has been prejudiced by the delay.
Background
[6] The material facts to the dispute are uncontested. They have been usefully rehearsed in three preceding judgments.[6] I restate no more than what is necessary to reach the contested legal matters.
[7] During September 2005, the National Commissioner advertised a promotion position for the rank of superintendent.[7] The post was numbered 6903 and located within the National Evaluation Service Division which has since been renamed the National Inspectorate. The post related to “evaluating and investigating priority and ordinary complaints nationally”[8] to improve the service delivery of the Police Service to the public. Although the National Commissioner was entitled to do so, the advertisement did not reserve the vacancy for a designated group.[9] Ms Barnard together with six other applicants responded to the advert.
[8] On 3 November 2005, the applicants were interviewed by a racially diverse panel of six senior police officials. The panel included two superintendents and was regarded as well placed to appreciate the demands of the post. Ms Barnard earned 86.67% which was the highest score amongst the applicants interviewed. The panel recommended her as the number one candidate for the position from a shortlist of four. The only Black male candidate to make the shortlist had scored 17.5% less than Ms Barnard. The panel took the view that he could not be appointed without compromising service delivery.
[9] On 9 November 2005, the panel convened a meeting with Divisional Commissioner Rasegatla to discuss its recommendation.[10] During the course of the discussion the Divisional Commissioner bemoaned the insufficient directives on how to balance employment equity against the obligation of efficient service delivery. He remarked that Black men and women were under-represented in the division concerned and that if any of the first three recommended candidates were appointed, the problem would be exacerbated. He declined to support the recommendation. He decided that the vacancy should remain unfilled for reasons of employment equity. Post 6903 was withdrawn. In the interim, Superintendent Prinsloo, a white man, was laterally transferred to fill the vacancy within the division.
[10] A little past six months, on 11 May 2006, a similar level 9 vacancy, now described as post 4701, was advertised. It too was not reserved for designated groups. Ms Barnard applied again. Three weeks prior to the interviews a letter was addressed to all Deputy National, Provincial and Divisional Commissioners. The letter advised that when making their recommendations, the interviewing panels had to recommend personnel who would enhance service delivery of the Police Service.
[11] Ms Barnard, along with seven other candidates, was shortlisted and interviewed on 26 June 2006. The candidates included four African men; one African woman; one Coloured man and one White man. The panel was made up of senior police officials with diverse racial extraction. Ms Barnard obtained the highest score and the panel recommended her as the most suitable candidate for the position. Captain Mogadima (Mr Mogadima), an African man, was the second recommended candidate. He scored 7.33% lower than Ms Barnard.
[12] The interviewing panel recognised that Ms Barnard’s appointment would not enhance representivity on salary level 9 but would not aggravate the racial representivity of the division either as she was already a part of the division. They reasoned that appointing her on salary level 9 would create a vacancy in level 8 which would be filled in accordance with the representivity requirements. The interviewing panel observed that the difference in the scores between Ms Barnard and the second candidate, Mr Mogadima, was small but she was the best candidate. During the interview, she displayed a distinct brand of passion and enthusiasm vital to the service-delivery needs of the Police Service.
[13] On 30 June 2006, the interviewing panel met with Divisional Commissioner Rasegatla to present its recommendation. He agreed with the panel that Ms Barnard be promoted. He was of the opinion that not promoting Ms Barnard after two rounds of applications would foster the wrong impression. He was also convinced that her appointment would advance service delivery within the Police Service. On 10 July 2006, the Divisional Commissioner addressed a letter to the National Commissioner recommending that Ms Barnard be promoted to post 4701. In relevant part the letter read:
“The candidate is recommended as the panel’s first choice candidate for the post. She has proven competence and extensive experience at National level in the core functions of the post and was rated the highest by the promotion panel.”
[14] On 20 July 2006 the Provincial and Divisional Commissioners met and discussed recommendations for promotions to various posts including post 4701. The following day, the recommendations were presented to the National Commissioner for his consideration. At the meeting, the National Commissioner consulted with the Deputy National Commissioners and the Divisional Commissioner of personnel services and thereafter made a decision. Despite the recommendation before him, he declined to appoint Ms Barnard or Mr Mogadima to the advertised post. He took the view that the first choice of the interviewing panel did not address the requirement of representivity and, since the post was not critical to service delivery, it should be withdrawn and re-advertised during the second phase of the year.
[15] On 27 July 2006, the National Commissioner reiterated his views in a letter. The letter stated:
“Your recommendations do not address representivity and the posts are not critical and the non-filling of the posts will not affect service delivery. The posts should be re-advertised during the phase 2-2006/7 promotion process, during which process you should attempt to address representivity.”
The post was indeed re-advertised as post 5101 but eventually withdrawn. Ms Barnard did not apply again.
[16] Ms Barnard was aggrieved by the National Commissioner’s decision not to appoint her to post 4701. She filed a complaint following the grievance procedure of the Police Service. She requested that her promotion be made effective backwards to 1 December 2005. The Police Service responded with a letter to her in which the reasons for the National Commissioner’s decision not to appoint her were set out. In relevant part the letter read:
http://www.saflii.org/za/cases/ZACC/2014/23.html
http://www.censorbugbear.org/farmitracker/reports/view/1890
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Capt Renate Barnard wins race-discrimination lawsuit vs SAPS:
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Read judgment from SA Supreme Court of Appeal: http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=467312&sn=Marketingweb+detail&pid=90389
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Capt Renate Barnard wins race-discrimination lawsuit vs SAPS: Supreme Court of Appeal: http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=467312&sn=Marketingweb+detail&pid=90389
http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=467312&sn=Marketingweb+detail&pid=90389
IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT
CASE NO: 165/13
Reportable In the matter between:
SOLIDARITY 0B0 MRS R M BARNARD - Appellant
and
SOUTH AFRICAN POLICE SERVICE - Respondent
and
VERENIGING VAN REGSLUIVIR AFRIKAANS - Amicus Curiae
Neutral Citatlon: Solidarity obo Barnard v SAPS (165/2013) [2013] ZASCA 177 (28 November 2013).
Coram: NAVSA ADP, PONNAN, TSHIQI & THERON JJA & ZONDI AJA
Heard: 6 November 2013 Delivered: 28 November 2013
Summary: Employment Equity Act 55 of 1998 - Employment Equity Plan devised in terms thereof - white female police captain not appointed as Superintendent despite being evaluated as best candidate - competing African male candidates not appointed - sought to be justified by National Commissioner of Police on the basis that there was no discrimination because competing candidates had not been appointed and that the appointment of a white female would affect representivity and militate against employment equity - also contended that post not 'critical' - held that there had been discrimination on the basis of race - that the SAPS had not discharged the onus of showing that the discrimination was fair - that classifying the position as not being 'critical' was contrived - that the Employment Equity Plan could not be mechanically and rigidly applied - not an absolute bar to appointment of the complainant - discussion of the difficulties attendant upon transformi ng soclety.
ORDER
On appeal from: The Labour Appeal Court, Johannesburg sitting as court of appeal (Mlambo JP (Davis and Jappie JJA, concurring).
The following order is made:
1. The appeal is upheld with costs including the costs of two counsel.
2. The order of the Labour Appeal Court is set aside and substituted as follows: 'The appeal is dismissed with costs.'
JUDGMENT
Navsa ADP, (Ponnan, Tshiqi & Theron JJA and Zondi AJA concurring):
(1) This appeal, which deals with the application of the Employment Equity Act 55 of 1998 (EEA) and an Employment Equity Plan (EEP) devised in terms thereof, is a peculiarly South African tale. lt demonstrates the difficulties we face in forging a future in which everyone ultimately will have a place in the sun. In our journey towards that end we have in juxtaposition those who were previously denied opportunities and those who had them. In redressing the skewed Situation created by our racist past. and to recalibrate and achieve a balanced society, there has to be an accommodation and a scrupulous adherence to fairness. lt is that exercise that has as a consequence difficult. awkward and even acrimonious moments for those who find themselves in contestation and for society as a whole. Sometimes we get it right and sometimes we get it wrong. We are, of course, dealing with the legacy of an institutionalised racially divisive past, the effect of which continues to haunt us as a nation recently come to democratic values. Put simply, we are experiencing nationhood's growing pains.
[2) The appeal concerns the grievance of an erstwhile police captain, who twice applied unsuccessfully for a promotion to the position of Superintendent in a specialised unit of the respondent, the South African Police Service (SAPS). lt is the second rejection that is the subject of the present appeal. Her grievance is that despite it being admitted that she was the best candidate for the position she was denied the promotion solely because she was white and that such conduct on the part of her employer, the SAPS, constituted unfair discrimination. The question is whether that claim is justified. The background is set out hereafter.
[3] The appellant is Solidarity, a registered trade union, representing the interests of Renate Mariette Barnard (Barnard), who at the material times to the dispute was a police captain.
This court granted an application admitting the Vereniging van Regslui vir Afrikaans asamicus curiae. The amicus presented written and oral argument in support of Solidarity's case.
[4] At the time of the hearing of the appeal Barnard was a Lieutenant-Colonel in the SAPS. The promotion position that Barnard applied for, which is at the centre of this dispute, no longer exists and consequently her claim in the Labour Court, the Labour Appeal Court (LAC) and before us was limited to compensation in the form of the difference in remuneration that she would have received had she been appointed to the position.
[5] Barnard joined the police force in 1989. Her father had been a policeman and as a child her only career ambition had been to be a policewoman. She worked her way through the ranks and it appears that her single-mindedness and talents saw her rise rapidly. From 1996 to 2004 she was the branch commander at Hartebeespoort Dam Detective Services where she was ultimately responsible for the investigation of all crimes in that particular station area. She was promoted to the rank of captain in 1997. Due to a restructuring she was transferred to a bigger division, namely Brits Detective Services, where she served as a section commander.
(6] Nine months thereafter Barnard was transferred to the complaints investigations division at head office, which at that stage was called National Evaluation Services (NES). Thal displacement is called a lateral transfer, which meant that she remained on the rank of captain.
[7] In her testimony in the Labour Court, Barnard explained what the NES entailed. lt dealt with complaints by the public and by public office bearers concerning the broad spectrum of police services. NES staff scrutinised newspapers for negative publicity. The majority of complaints were about inadequate investigations but they also included corruption and poor police behaviour. Barnard was sometimes required to accompany evaluation teams when they paid visits to specialised units such as the Family and Child Sexual Offences unit. She had done a special course and had served as a family and child sexual offences investigating officer for quite some time and her expertise in that regard was called upon from time to time. Her duties at NES required extensive interaction with members of the public. She testified that complaints come from a variety of sources including the offices of the President, the Minister of Police, the National Commissioner of the SAPS (the National Commissioner) as well as from the public. She was of the view that her extensive experience as an operational officer ensured that she was well-placed to understand the dynamics of daily life in the SAPS, and her placement at head office made her aware that sometimes perspectives differed.
[8] During September 2005, whilst Barnard was at the NES, a new position of Superintendent was advertised by the National Commissioner, promotion ostensibly acting in terms of his powers set out in s 207 of the Constitution and ss 20 and 27 of the South African Police Service Act 68 of 1995 (the SAPS Act). The specific job description was to 'evaluate and investigate priority and ordinary complaints nationally'. lt was described as post 6903. In her statement of case in the Labour Court, Barnard took the view that the National Commissioner, in advertising the post, must have perceived the need to create a new post of Superintendent within the NES 'aimed inter alia at ensuring the optimal utilisation of human, logistical and financial resources allocated to the post'. She went on to state: 'The position was furthermore created in order to ensure and improve service delivery by the Respondent to the public'. Those assertions were uncontested.
9) Barnard's application to be appointed to post 6903 and its outcome is the prelude to the dispute that gave rise to the litigation culminating in the present appeal. Barnard's case is an unfair discrimination case based on the application of the EEA. In essence, it is an equality driven complaint. Section 6 of the EEA prohibits unfair discrimination on listed grounds, as does s 9 of the Constitution, the whole of which reads as follows:
-- '(1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
-- (2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
-- (3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race. gender, sex, pregnancy, marital status, ethnic or social origin, colour. sexual orientation, age, disability, religion. conscience, belief, culture. language and birth.
-- (4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
--- (5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.'
[10] In Minister of Finance & another v Van Heerden 2004 (6) SA 121 (CC) the Constitutional Court, in dealing with the approach to be taken in relation to claims of unfair discrimination based on the equality clause in the Constitution, not unlike complaints in relation to the application of the EEA, pointed out that the achievement of equality goes to the bedrock of our constitutional architecture. Moseneke J explains why the achievement of equality preoccupies our constitutional thinking. Redress and restoration are the driving force behind the positive duty to take steps to promote equality. lt is necessary to quote at some length from that decision:
--- '[23] For good reason, the achievement of equality preoccupies our constitutional thinking. When our Constitution took root a decade ago our society was deeply divided, vastly unequal and uncaring of human worth. Many of these stark social and economic disparities will persist for long to come. In effect the commitment of the Prearnble is to restore and protect the equal worth of everyone; to heal the divisions of the past and to establish a caring and socially just society. In explicit terms, the Constitution commits our society to "improve the quality of life of all citizens and free the potential of each person".
-- [24) Our supreme law says more about equality than do comparable constitutions. Like other constitutions. it confers the right to equal protection and benefit of the law and the right to non discrimination. But it also imposes a positive duty on all organs of state to protect and promote the achievement of equality - a duty which binds the judiciary too.
-- [25] Of course, democratic values and fundamental human rights espoused by our Constitution are foundational. But just as crucial is the commitment to strive for a society based on social justice. In this way. our Constitution heralds not only equal protection of the law and non-discrimination but also the start of a credible and abiding process of reparation for past exclusion, dispossession, and indignity within the discipline of our constitutional framework.
-- [26] The jurisprudence of this Court makes plain that the proper reach of the equality right must be determined by reference to our history and the underlying values of the Constitution. As we have seen a major constitutional object is the creation of a non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights. From there emerges a conception of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact.'
[11) In order for the reader to follow and appreciate the remainder of the narrative it is necessary, at this stage, to deal with:
-- (a) material provisions of the EEA,
-- (b) relevant parts of the EEP, and
-- (c) applicable sections of a National lnstruction (1/2004) issued by the National Commissioner in terms of s 25 of the SAPS Act. 1
[12] The EEA's purpose is spelt out in s 2: 'The purpose of this Act is to achieve equity in the workplace by -
-- (a) promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and
-- (b} implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure their equitable representation in all occupational categories and levels in the workforce.'
That purpose is given effect to inter alia through the provisions quoted in the following paragraphs.
-- [13] Section 5 of the EEA obliges employers to take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice. Section 6(1) emphatically prohibits unfair discrimination:
'(1) · No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth.'
However, s 6(2) recognises that:
'(2) lt is not unfair discrimination to-
(a) take affirmative action measures consistent with the purpose of this Act; or
(b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a job.'
Designated groups'' is defined as meaning 'black people, women and people with disabilities'.
[14] Section 11 of the EEA is important in determining the outcome of this appeal. lt provides:
'Whenever unfair discrimination is alleged in terms of this Act, the employer against whom the allegation is made must establish that it is fair.'
(15] Affirmative Action measures are dealt with in section 15(1) of the EEA:
'(1) Affirmative action measures are measures designed to ensure that suitably qualified people from designated groups have equal employment opportunities and are equitably represented in all occupational categories and levels in the workforce of a designated employer.'
[16] Section 15(3) reads as follows:
'(3) The measures referred to in subsection (2)(d) include preferential treatment and numerical goals, but exclude quotas.'(My emphasis)
(17] Section 20 of the EEA obliges a designated employer,2 such as the SAPS, to prepare and implement an employment equity plan 'which will achieve reasonable progress towards employment equity in that employer's workforce'. Such a plan must state the objectives to be achieved for each year; the affirmative action measures to be implemented as required by s 15(2); and, where underrepresentation has been identified, the numerical goals to achieve equitable representation of suitably qualified people from designated groups within occupational categories and levels in the workforce. The plan must set out a timetable within which equitable representation is to be achieved and the strategies to that end. Sections 20(2)(d)-(i) provide:
'(d) the timetable for each year of the plan for the achievement of goals and objectives other than numerical goals;
(e) the duration of the plan, which may not be shorter than one year or longer than five years;
(f) the procedures that will be used to monitor and evaluate the implementation of the plan and whether reasonable progress is being made towards implementing employment equity:
(g) the intemal procedures to resolve any dispute about the interpretation of implementation of the plan;
(h) the persons in the workforce, including senior managers, responsible for monitoring and implementing the plan; and
(i) any other prescribed matter.'
Under s 1 of the EEA, 'black people' is defined as 'a generic term which means Africans, Coloureds and Indians'. For purposes of representivity it appears, from the purpose and provisions of the Act, that the distinctive population groups are considered in relation to each other and in relation to white persons.
[18] The SAPS adopted and applies an EEP. The foreword to the plan was written by the then Minister for Safety and Security. The following part is significant:
'Whereas the focus of employment equity is on black people, women and persons with disabilities, no employment policy or practice will be established as an absolute barrier to prospective or continued employment or advancement of persons not from designated groups.'
[19) The executive summary of the SAPS' Employment Equity Plan reads as follows:
'The subsequent Employment Equity Plan of the South African Police Service has been developed. lt further commits itself to the implementation of affirmative action measures to ensure that suitably qualified persons from designated groups are equally represented in all occupational categories and levels in the workforce. The tone and ethos are set to identify and eliminate the artificial employment barriers which adversely affect people from designated groups. The transformation process will help to expedite the promotion of diversity and the successful implementation of the Employment Equity Plan based on equal dignity and respect for all, and ensuring reasonable accommodation available for people with disabilities. Effective procedures have been implemented to monitor and evaluate reasonable progress towards Employment Equity in every sphere of employment in the South African Police Service with the objective of achieving service delivery improvement which permeates across all sectors of Human Resource practices.'
[20) The EEP had set itself the goal of achieving employment equity targets agreed upon by the year 2004.3 lt is to be noted that the EEP was devised with due regard to the different 'business units' into which the SAPS is divided. The EEP records that the National Commissioner is responsible for championing its implementation and is the ultimate authority for its overall management.
[21] The National lnstruction (1/2004) referred to earlier, in dealing with the advertising of vacancies identified for promotion purposes, states that the National Commissioner may reserve any vacant post advertised for promotion purposes, on the basis of:
'(a) the employment equity and the strategic objectives of the Service;
(b) a prevailing lack of representivity that cannot be expected to be addressed through normal promotion processes;
(c) a lack of applications received from candidates whose promotion or appointment would enhance representivity; or
(d) applications received from candidates whose promotion or appointment would promote representivity, indicate that they require further development to make them suitably qualified to fill the higher posts.'
[22] The National lnstruction sets out, in some detail, the '[g]eneric functions of evaluation panels (whether interviews are conducted or not)'. The material part is set out hereafter:
'(2) A panel must, in considering the applications for promotion, promote equal opportunities. fair treatment, employment equity and advance service delivery by the Service.'
[23] Simply pul, the EEA was designed to assist in the national struggle to achieve an egalitarian society by putting in place measures to overcome historical obstacles and disadvantages and providing equal opportunities for all. The most virulent opponents of such measures will be hard put to argue against its noble purpose. Likewise, the most ardent supporters of such measures, 1 venture, would find it difficult to argue with any conviction that the end result envisaged at the beginning of this paragraph can be obtained by the mechanical application of formulae and numerical targets. Such an exercise would in any event fall foul of s 15(3) of the EEA, which prohibits quotas. The balance to be achieved in our path to a noble end is what this case is all about.
[24] I return to deal with the facts of the case. lt is significant that in advertising post 6903 the National Commissioner had not reserved the vacancy for a 'designated group' as defined in the EEA. For present purposes it is not necessary to take a view on whether such a reservation, without more, is legitimate. lt is necessary to record that, in this appeal, the validity of the SAPS' EEP is uncontested.
[25) In response to post 6903 being advertised, Barnard and six other applicants, four black and two white persons, applied to be appointed. On 3 November 2005 all the applicants were interviewed. Six people constituted the interview panel which was racially diverse. lt was made up of senior police officers, including two Superintendents, presumably because they would best understand the nature and demands of the post being applied for. Barnard received an average score of 86.67 per cent which was the highest by far.
[26) The interview panel recommended four candidates for appointment in the following order of preference:
'(i) Capt RM Barnard;
(ii) Capt JF Oschmann;
(iii) Capt Aschendorf;
(iv) Capt Shibambu."
The expressions 'interviewing panel' and 'evaluation panel' are used interchangeably.
[27) There was a 17.5 per cent difference between Barnard and Capt Shibambu. In its recommendation the interviewing panel considered that gap to be too great to warrant recommending Captain Shibambu as a first choice candidate as it would compromise service delivery. The panel took the view that Barnard's appointment would not aggravate the current lack of racial representivity at the Superintendent level, which in levels of rank in the police hierarchy is level nine, because the representivity of the NES as a whole would not be affected as Barnard, if appointed, would remain part of it.
[28] On 9 November 2005 the panel had a meeting with Divisional Commissioner Rasegatla to discuss its recommendation. This occurred in accordance with the National lnstruction. The Divisional Commissioner was clearly troubled that the SAPS' directives were not adequate in advising how employment equity was to be weighed against the obligation within the public service to provide efficient services. In current jargon the concern expressed by Commissioner Rasegatla involves 'service delivery'. This concern is reflected in the minutes of that meeting. The meeting wrestled with the problem experienced in the NES, namely the under-representivity of African males and females. Commissioner Rasegatla noted that appointing any one of the first three recommended candidates would aggravate the situation. He decided that the post should remain 'unfilled' for employment equity reasons. Post 6903 was ultimately withdrawn. lt is plain that Barnard's race was the reason she was not appointed to post 6903.
[29] lt is necessary to record that three months after post 6903 was withdrawn, a white male Superintendent was 'laterally' transferred to the NES presumably to fill-in.
[30] During May 2006 the same vacancy now called post 4701 was advertised as a 'non-designated' post and Barnard once again applied for the position. She was shortlisted and interviewed on 26 June 2006, this time with seven other candidates, four African males, one African female, one Coloured male and one White male. The interviewing panel which once again was racially diverse consisted of senior police officers:
'Asst Comm AJ Burger Chairperson
Dir Molaba Member
Dir Rossouw Member
Dir Mamogale Member
Snr Supt Netsera Member
SPO A Smith Secretary
$/Supt Janker Asst Secretary .'
[31) Three weeks before the interview, in a letter dated 7 June 2006, addressed to all Provincial Commissioners, Divisional Commissioners and Deputy National Commissioners, the Deputy National Commissioner clearly stated that interviewing panels should focus, inter alia, on the appointment of personnel who would enhance service delivery.
[32) The panel recommended for appointment (one of) three candidates in the following order of preference:
(i) Barnard (with an assessment Score of 85.33 %);
(ii) Capt Mogadima (with an assessment score of 78%);
(iii) Capt Ledwaba (with an assessment score of 74%).
Barnard's score was 7,33 per cent more than Capt Mogadima, the second choice candidate.
[33] The interviewing panel's considerations were as follows:
'The appointment of Captain Barnard will not enhance representivity on salary level 9 but it will not aggravate the current Divisional Representivity figures as she is already part thereof. Appointing the candidate on salary level 9 will however enhance representivity on salary level 8 in respect of the over-representation of white females on that level. lrrespective of the difference in percentage between the first and second choice candidates, Capt Barnard was the only candidate that during the interview displayed an unique blend of passion and enthusiasm to deal with members of the community that are unsatisfied with the services rendered by the South African Police Service. During the interview. she also displayed a high level of commitment towards the SAPS and an eagemess to contribute towards enhanced service delivery.'(My emphasis)
[34] lt is necessary to record that, after post 4701 was advertised, the SAPS issued guidelines for equity targets for the 2006/2007 financial year which were said to be in line with the EEP. lt was agreed between the parties that the table set out hereafter correctly sets out the SAPS employment equity targets and the race and gender representivity levels at levels nine and ten:
TABLE
The table illustrates that, at level nine, white females were over represented by five employees. By contrast African males were under represented by eiqht, African females under represented by three, and Coloured males and the disabled were each under represented by one. Consequently, the suggested allocation of the positions at levels nine and ten was one to be allocated to an African male. African males were the most under represented category.
[35] On 30 June 2006 a meeting was once again held between the interviewing panel and Divisional Commissioner Rasegatla. This time he supported Barnard's appointment. His motivation, as recorded in the minutes, is set out hereafter:
'[F]ailing to recognize and appoint this candidate would really send a wrang signal to the candidate. Appointments and promotions are also made to address service delivery, and if the candidate in two years constantly applies for the post and is constantly rated and recommended as the best candidate, it clearly indicates that she is the best candidate for promotion. Other candidates who would have improved representivity within the Division had approximately one year to improve on themselves to compete with the recommended candidate. However, she still beat them.
The panel strongly believed that in the interest of service delivery, and having denied this candidate the opportunity for promotion during the previous promotion phase, that the candidate should be appointed as recommended by the respective promotion panel.'
[36] Rasegatla's written recommendation dated 1O July 2006 to the National Commissioner that Barnard be appointed to post 4701 read as follows:
'The candidate is recommended as the panel's first choice candidate for the post. She has proven competence and extensive experience at National level in the CORE functions of the post and was rated the highest by the promotion panel. She obtained an average rating of 85.33% whereas the second choice candidate, obtained a rating of 78%. The appointment of the candidate will not enhance representivity on salary level nine but it will not aggravate the current Divisional Representivity figures as she is already part thereof. Appointing the candidate on salary level nine will however create an opportunity to enhance representivity on salary level eight in respect of the overall representation of white females on that level.
The same post was advertised during 2005 (Phase 2/2005/6) but not filled due to representivity. Capt. Barnard was rated in first position in the previous promotion phase and was recommended by the promotion panel and is again rated first by the promotion panel during the current promotion phase.
In terms of the provision of par 13(3) of National lnstruction 1/2004 she was not promoted during the previous promotion phase despite the fact that she was the best candidate. As a result, the post was withdrawn and was re..advertised during the current promotion phase. During the current promotion phase she was again among the shortlisted candidates and was, once again rated the best candidate.
Failure to recognize and appoint this candidate would really send a wrong signal to the candidate. Appoi ntments and promotions are also made to address service delivery, and if the candidate in two years constantly applies for the post and is constantly rated and recommended as the best candidate, it clearly indicates that she is the best candidate for promotion.
Other candidates who would have improved representivity within the Division had approximately one year to improve on themselves to compete with the recommended candidate. However, she still beat them.
National Evaluation Service strongly believes that in the interest of service delivery, and having denied this candidate the opportunity for promotion during the previous promotion phase, that the candidate should be appointed as recommended by the panel.'
[37] On 20 July 2006 a meeting was held between Provincial Commissioners and Divisional Commissioners to discuss the recommendations for the promotional posts, including post 4701. In respect of post 4701 the following is recorded:
'The Division: National Evaluation Services, explained why representivity could not be achieved. The chairperson responded that candidates with potential should also be considered - the posts are not critical/scarce skills.
The chairperson concluded the meeting by saying that the recommendations will be presented to the National Commissioner for consideration.
[38] Despite the recommendations, the National Commissioner did not approve the appointment of any of the recommended candidates. In a letter dated 27 July 2006 signed on behalf of the National Commissioner, Divisional Commissioner Rasegatla's recommendation was responded to. The following are the material parts of that letter:
'2. After due consideration of your recommendations, the National Commissioner has decided not to approve your recommendations, for posts 4702/4701/4710 due to the following reasons:
* your recommendations do not address representivity; and
* the posts are not critical and the non-filling of the posts will not affect service delivery. The posts should be re-advertised during the phase 2-200617 promotion process, during which process you should attempt to address representivity.'
[39] lt is to be noted that even though the post for which Barnard applied has now been withdrawn due to restructuring, that post was in fact re-advertised after she had been rejected for appointment to post 4701.
[40] Now doubly aggrieved, Barnard filed a complaint in terms of the SAPS' grievance procedure. 1 consider it necessary to reproduce the written reply to her grievance in full:
'2. The National Commissioner has decided not to approve the recommendation for post 4701 due to the following reasons:
- the recommendation did not address representivity; and
- the post is not critical and the non-filling of the post will not affect service delivery.
3. The National Commissioner further directed that the post should be re-advertised during the next promotion process, during which process it should be attempted to address representivity.
4. Although the officer formed part of the relevant Business Uni!, representivity should be achieved at all levels.
5. With reference to the referral to the lateral placement of a white male at the division. it has to be mentioned that lateral placements are not handled in terms of the prescripts of National lnstruction 1/2004 an Promotions.
6. The officer's attention is also drawn to the fact that in terms of National lnstruction 1 of 2004 (Promotions), the National Commissioner is not obliged to fill an advertised post.
7. lt has to be mentioned that the relevant post was re-advertised in the phase 2-2006/7 (post 5101) promotion process, but the post was withdrawn and it was indicated that the filling of the post will be dealt with once the restructuring of the Division has been finalized. This decision further confirms the decision that the post is not a critical post and that the non-filling of the post will not affect service delivery.
8. The status quo with regard to the position of the officer is maintained.
9. Please inform the officer accordingly.'
The letter was signed by JJ van Rooyen, Director Section Head: Promotions and Awards.
[41] Barnard referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) which remained unresolved. The dispute was then adjudicated in the Labour Court (Pretorius AJ). In the view of the Labour Court, an EEP must be applied fairly with due regard to the affected individual's constitutional right to equality and representivity must be weighed against that right. Pretorius AJ stated that the right to dignity of affected individuals is also implicated. He reasoned that it was not
appropriate to apply, without more. numerical goals set out in the EEP. Such an approach. he said, was too rigid. At para 25.4 of his judgment the following is stated:
'Where a post cannot be filled by an applicant from an under-represented category because a suitable candidate from that category cannot be found, promotion to that post should not ordinarily and in the absence of a clear and satisfactory explanation be denied to a suitable candidate from another group.'
[42] In the three subsequent paragraphs Pretorius AJ stated:
'[25.6] There must be a rational connection between the pro11isions of the Employment Equity Plan and the measures adopted to implement the pro11isions of that plan.
[25.7) In appropriate circumstances at least, the efficient operation of the Public Service or what is termed "service delivery" is a relevant factor to be taken into account in the implementation of an employment equity plan.
[26] The Respondent bears the onus to show that the unfair discrimination alleged by the Applicant is fair. This means that the Respondent must allege sufficient e11idence to show, on a balance of probabilities. that its decision was fair. In order to do so the Respondent should place before the court sufficient evidence to enable it to understand this reasoning behind and justification for its decision so that the court is in a position properly to decide the matter.'
[43] Based on the facts that the National Commissioner has the power to make appointments of the kind in question, and the recommendations do not necessarily bind him or her, the Labour Court had regard to what it considered to be scant evidence on the reasoning and justification for the National Commissioner's decision.
[44) In this regard, it is to be noted that the only witness who testified in support of the SAPS' case in the Labour Court was Senior Superintendent Johannes Ramathoka. lt is not an exaggeration to say that the nature of his evidence was peculiar. He had no first-hand knowledge of the case or of the various documents such as the EEP and the National lnstruction which were put before him. He thus merely confirmed and sought to explain their contents, and often appropriated to himself the right to interpret those documents. He explained the representivity table for levels nine and ten. He was presented with the minutes of the meetings referred to earlier in this judgment and their contents were read to him. lt is difficult to discern the purpose of leading the evidence in this manner. Much of his evidence was plainly inadmissible. And that which was admissible carried little, if any, evidential weight. What is clear is that apart from the cryptic statement in the letter signed on behalf of the National Commissioner and the minutes of the meeting at which he was present which mirrored that statement, we have no insight into the National Commissioner's reasoning and for his failure to respond fully to the motivation by the interviewing panel and Divisional Commissioner Rasegatla. Barnard was the only witness who testified in support of her case.
[45) Pretorius AJ stated that in the absence of a fully reasoned decision it was safe to assume that the National Commissioner did not regard the African candidates that were recommended as suitable. He found that the SAPS had failed to discharge the onus of showing that the National Commissioner's decision not to appoint Barnard was fair. He considered that he had the power to make an order promoting Barnard to the post of Superintendent and did so with effect from 27 July 2006.
[46) Aggrieved by that decision, the SAPS appealed to the Labour Appeal Court (Mlambo JP, Davis and Jappie JJA concurring). That court held unanimously that no discrimination had occurred because no appointment had been made. The Labour Appeal Court (the LAC) went on to state that it was a misconception to 'render the implementation of restitutionary measures subject to the right of an individual's right to equality'. The LAC took the view that, without restitutionary measures 'the achievement of equitable treatment will continue to elude us as a society'. Mlambo JP held that the Labour Court had erred in treating the implementation of restitutionary measures as subject to the individual conception of a right to equality. Thal approach, so he reasoned, 'promotes the interests of persons from non-designated categories to continue enjoying an unfair advantage which they had enjoyed under apartheid. Treating restitutionary measures in this manner is surely bound to stifle legitimate constitutional objectives and result in the perpetuation of inequitable representation in the workplace'.
[47] The LAC found that the EEP bound all of the SAPS' employees. lt concluded:
'The application of such plans therefore cannot be relegated as suggested by the Labour Court.' In dealing with Barnard's claim of discrimination the LAG stated:
'[W]hen one talks of discrimination, that is one is in fact, alleging that a differentiation of some sorts between and/amongst people has taken place. On the facts of the case before us. there is no evidence of such differentiation. We are here dealing with a matter where no action by way of appointment took place, meaning that no overt differentiation occurred.'
Having already held that there had been no discrimination, the LAC, after considering the SAPS' quest for representivity, contradictorily said the following:
'Discriminating against Barnard in the circumstances of this case was clearly justifiable.'
(48] Mlambo JP stated that it could not be argued that the EEP sought the appointment of only black employees irrespective of other criteria. He noted that one of the criteria in the EEP is suitability and went on to state:
'That to me suggests that should a black candidate be unsuitable that candidate will not be appointed. This is also defined in National lnstruction 1. Clearly, as was aptly argued by counsel for the amicus, the Employment Equity Plan does not sanction mediocrity or incompetence.
Manifestly this was not the case with the two black candidates in this case.'
[49] The LAC held that the Labour Court's conclusion that the failure to appoint Barnard compromised service delivery was unfounded. In this regard Mlambo JP stated that since the National Commissioner is the accounting officer for the SAPS, he is the only person answerable for service delivery. In this regard the court concluded as follows:
'lt is not open to a court to dictate to the National Commissioner that he is compromising service delivery and should fill a post.'
In the result, the LAC upheld the appeal by the SAPS and set aside the Labour Court's order, substituting it with an order dismissing the application. Thal decision is before us with the leave of this court.
[50) 1 tum to consider the correctness of the LAC's decision. The starting point for enquiries of the kind under consideration is to determine whether the conduct complained of constitutes discrimination and, if so, to proceed to determine whether it is unfair. 4 When a measure is challenged as violating the Constitution's equality clause, its defender could meet the claim by showing that it was adopted to promote the achievement of equality as contemplated by s 9(2), and was designed to protect and advance persons disadvantaged by prior unfair discrimination. 5 Similarly, as stated above, s 11 of the EEA provides that whenever unfair discrimination is alleged, the employer against whom the allegations is made must establish that it is fair.
[51] In my view, the LAC's conclusion that Barnard was not discriminated against - contradicted in a later paragraph of its judgment - because the vacancy had not been filled, is flawed. In Gordon v Departmant of Health: KwaZulu-Natal [2008) 11 BLLR 1023 (SCA) Mlambo JA, as he then was, in considering the position where a black candidate was appointed ahead of a white candidate recommended by a selection panel, stated that: 'lt can hardly be contested that the appellant was discriminated against on the basis of his colour and race'. In that case the appeal was upheld on the basis that the Department of Health had no policy or plan in place for the implementation of affirmative action measures and that consequently the discrimination complained of was unfair. In the present case Mlambo JP took the view that the application of the EEA was justification for Barnard's non-appointment.
[52] lf a senior African female or male police officer had all of Barnard's skills and had achieved the same interviewing score, that person would most surely have been appointed to post 4701. lt can 'hardly be contested' that in the present case Barnard was not appointed because she was a white female. In Gordon the appellant's grievance, like Barnard's, was that he had not been appointed when he should have been. The LAC, in my view, erred in holding that the fact that no appointment had been made meant that there had been no discrimination.
(53) Of Course, if the National Commissioner had appointed one of the African male candidates who had also been interviewed and explained that, although the latter's interview score was lower than Barnard's, he was nevertheless suitable for the job and that he approved the appointment as an affirmative action measure, and assuming further that the explanation was borne out by the objective facts, the SAPS would have established that the discrimination complained of was fair and the present debate might well not have ensued.
(54) In Van Heerden, Moseneke J reminded us that it is 'incumbent on courts to scrutinise in each equality claim the Situation of the complainants in society; their history and vulnerability; the history, nature and purpose of the discriminatory practice and whether it ameliorates or adds to group disadvantage in real life context, in order to determine its fairness or otherwise in the light of the values of our Constitution. In the assessment of fairness or otherwise a flexible but "situation sensitive" approach is indispensable because of shifting patterns of hurtful discrimination and stereotypical response in our evolving democratic society'. 8 (My emphasis.)
[55] Having determined that there was discrimination based on a specified ground, namely race, it is necessary to tum to the next question; whether the SAPS has established that the discrimination was fair. In this regard, the Constitutional Court in Harksen stated the following:
'The test of unfairness focuses primarily on the impact of the discrimination on the complainant and others in his or her situation.'
Although that case dealt with direct reliance on the equality clause in the Interim Constitution, the same test, in my view, would apply in relation to reliance on s 6 read with s 11 of the EEA.
(56] lt will be recalled that the justification on behalf of the National Commissioner for Barnard's non-appointment was scant. The first reason provided to Barnard and the recommendation panel was that her appointment to the post would not address representivity. Second it was stated that the posts were not 'critical' and that the non-filling of the posts would not affect service delivery.
[57] Dealing with transformation which encompasses the notion of representivity is not easy. In Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs & others 2004 (4) SA 490 (CC) paras 75 - 76 the Constitutional Court said the following:
'The commitment to achieving equality and remedying the consequences of past discrimination is immediately apparent in s 9(2) of the Constitution. That provision makes it clear that under our Constitution "[e]quality includes the full and equal enjoyment of all rights and freedoms". And more importantly for present purposes, it permits "legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination". These measures may be taken "[t]o promote the achievement of equality'.
But transformation is a process. There are profound difficulties that will be confronted in giving effect to the constitutional commitment of achieving equality. We must not underestimate them. The measures that bring about transformation will inevitably affect some members of the society adversely, particularly those coming from the previously advantaged communities. lt may well be that other considerations may have to yield in favour of achieving the goal we fashioned for ourselves in the Constitution. What is required, though, is that the process of transformation must be carried out in accordance with the Constitution.'
[58) To determine whether the discrimination was fair, the facts in this case require closer and scrupulous scrutiny. Regrettably, this is not an exercise that the LAG embarked on. This appeal tums on the facts and it would be presumptuous to assert and foolish to assume that this decision will be a Merlin-like incantation to address the varied cases likely to come before Courts in relation to the application of the EEA. In Van Heerden, as stated above, the assessment of fairness is said to require a flexible but 'Situation sensitive' approach.
(59) In making the assessment it should be borne in mind that Barnard herself was part of a designated group, namely, she was female. One cannot ignore that she had previously applied for the same position and not only was she not appointed on the basis of representivity but a white male was moved laterally to fill-in, and the position was re-advertised. Since race representivity within Organs of state is graphically obviously apparent, one could rightfully question how appointing somebody temporarily from a non-designated group promotes the employment equity cause and the image presented to the public and the SAPS itself.
[60) lt is safe to assume that the interviewing panels are constituted to serve a purpose. They are a management tool, comprised in the present case of senior police officers to be of assistance to the National Commissioner when he makes a final decision on whether to fill a vacancy. Thus, one can conclude that even though he is not bound by a panel's evaluation and recommendation, the National Commissioner must at the very least give consideration to and engage with what is put before him by them.
He discounts relevant and material factors at his peril, rendering him liable to legal challenge.
[61] Requiring the input and intervention of a Divisional Commissioner is another useful management tool and is sound policy. lt ensures that the person who holds the highest authority in that division and who must be taken to understand the dynamics and needs within his or her geographical area of jurisdiction and within the management structures of the SAPS provides his or her insights to enable the National Commissioner to arrive at a just decision in terms of the EEA and the EEP. As with the input from the interviewing panel it can hardly be argued that the Divisional Commissioner's views are without value.
[62] lt is necessary to consider a little more closely the interviewing panel's motivation for its recommendation, as set out in para 33. lt contains more than the fact of Barnard's superior score which was close to ten per cent more than her nearest rival, which motivated the recommendation. lt was also that she 'was the only candidate that during the interview displayed an unique blend of passion and enthusiasm to deal with members of the community that are unsatisfied with the services rendered by the South African Police Service'. Clearly the paner, which included three senior black police officers, saw that quality as distinctive and one that would enhance the services rendered by the SAPS. Having regard to Barnard's evidence concerning the nature of the job she was then performing at the NES as a captain, it appears not only that the NES served an essential function within the SAPS, but that the distinctive quality referred to above would be a commendable advantage in the more senior managerial position that she had applied for. Further, the panel saw fit to note as another distinctive feature, Barnard's high level of commitment toward the SAPS and her eagerness to contribute toward enhanced service delivery. Under cross-examination she was placed in the unenviable position of having to answer questions about whether her rivals for the position did not have the same attributes. What is abundantly clear is that the panel saw these as distinctive characteristics.
[63) Equally important is Commissioner Rasegatla's written recommendation, referred to in para 36 to the National Commissioner, which contained a motivation with factors beyond those stated by the evaluation panel. He took into account that she had already once before been overlooked in relation to post 6903, despite being the 'best candidate'. He considered it important that upon her second interview she was yet again rated the 'best candidate'. His concern, understandable because of his rank and managerial position, that the wrong signal would be sent to Barnard is not one that can lightly be discounted. Human resource management both in the private and public sector must be concerned about morale and cohesion within a workforce. Commissioner Rasegatla noted that competing candidates had had a year within which to meet the standard set by Barnard. but failed to seize the opportunity. Significantly, in the last sentence of his recommendation he speaks on behalf of the NES. That sentence bears repeating:
'National Evaluation Service strongly believes that in the interest of service delivery, and having denied this candidate the opportunity for promotion during the previous promotion phase, that the candidate should be appointed as recommended by the panel.'
(64) Counsel on behalf of the SAPS urged us to consider that representivity at level nine was the crucial factor and that any beneficial effect in relation to the lower level which might result because of Barnard's promotion to Superintendent should be discounted. lt will be recalled that both the interviewing panel and Commissioner Rasegatla took the view that, in the event that Barnard was promoted to Superintendent within the NES, it would free up her position at the lower level (level eight) and present an opportunity to enhance representivity within the NES at that level. Thal idea is not entirely without merit. Barnard's promotion might thus very well have had the indirect effect of advancing the employment equity cause.
[65] lf representivity was the genuine driver behind the National Commissioner's refusal to appoint Barnard and if he thought that either of her two rivals were deserving of appointment, the compelling conclusion is that he would have appointed one of them. In terms of the National lnstruction, as stated earlier, the National Commissioner may reserve a position to meet employment equity needs and the strategic objectives of the SAPS. lf representation was the genuine concern, one would have expected that he would at the very least have considered that option.
[66] The Labour Court appears to have been justified in holding, as it did in para 34 of its judgment, that 'it is reasonable to assume that [the National Commissioner] at least did not regard the other black candidates who were recommended as suitable'. Pretorius AJ went on to say that whatever the witnesses may have said is of lesser importance because they did not make the decision.
[67] Having regard to the importance of the issue, and considering that his decision not to make a senior appointment was being impugned, one would have expected the National Commissioner to have provided assistance to the Labour Court in relation to his motivation and reasoning beyond the cryptic note signed on his behalf. There is no explanation provided for his failure to tender any other evidence in this regard. The effect is that there is no indication that he grappled with all of the issues raised by the recommendation panel and Commissioner Rasegatla. On the contrary. the indications are that he did not engage with what his own management team had put before him.
[68] The National Commissioner's decision not to make the appointment was also defended on the basis that the EEP would be violated if he had appointed Barnard. lt was submitted that the representivity imbalance at level nine would be even more negatively impacted. lt is important to note that the EEP, in its foreword, states that the focus of employment equity is on black people, women and persons with disabilities. In the executive summary referred to above, it is envisaged that 'suitably qualified persons from designated groups are equally represented in all occupational categories and levels'. Against the statutory background and the policy documents as well as the EEP it was never contended, nor could it be, that numerical targets and representivity are absolute criteria for appointment. Adopting that attitude would tum numerical targets into quotas which are prohibited in terms of the EEA. The LAC, in my view, erred in holding out the EEP as an absolute legal barrier to Barnard's appointment. The EEP's foreword makes it clear that whilst the focus is on employment equity, no employment policy or practise will be established as an absolute barrier to the appointment of suitably qualified persons from non-designated groups.
[69] lt was also sought to justify the National Commissioner's non-appointment of Barnard on the basis that the post was not 'critical' and that therefore not filling it was justified. lt is important to note that nowhere in any legislation relating to any post in the SAPS can the term 'critical' be found. lt was agreed between the parties that there is no legal foundation for that categorisation. 1 tum to deal with the constitutional and statutory provisions that do apply to public administration, organs of state and appointments within the SAPS.
[70] The principles that apply to administration in every sphere of government, organs of state and public enterprises are set out in s 195(1) of the Constitution, which states:
'(1) Public administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles:
(a) A high standard of professional ethics must be promoted and maintained.
(b) Efficient, economic and effective use of resources musts be promoted.
(c) Public administration must be development-oriented.
(d) Services must be provided impartially, fairly, equitably and without bias.
(e) People's needs must be responded to, and the public must be encouraged to participate in policy-making.
(f) Public administration must be accountable.
(g) Transparency must be fostered by providing the public with timely, accessible and accurate information.
(h) Good human-resource management and carreer-development practices, to maximise human potential, must be cultivated.
(i) Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness. and the need to redress the imbalances of the past to achieve broad representation.'
[71] Section 205(2) and s 205(3) of the Constitution deal with the establishment of the SAPS and set out its objects:
'(2) National legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces.
(3) The objects of the police service are to prevent. combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.'
(72] The SAPS Act is the envisaged national legislation. lt is the National Commissioner who exercises control and manages the SAPS in accordance with the provisions of ss 205 and 207 of the Constitution and in terms of s 11 of the SAPS Act. lt is common cause that, in terms of the Act and the National lnstruction, it is the National Commissioner who is responsible for appointments of the kind under consideration. The Constitution and the SAPS Act envisage a professional, efficient police force that makes effective use of resources. Representivity is enjoined. lmportantly s 11(2)(a) requires the National Commissioner to develop a plan before the end of each financial year, setting out the priorities and objectives of policing for the following financial year. Section 11(2)(b) requires him to determine the fixed establishment of the SAPS and the grading of posts. Section 11(2)(c) obliges him to determine the distribution of the numerical strength of the SAPS after consultation with the board, and finally on this aspect. s 11(2)(d) requires the National Commissioner to organise or reorganise the SAPS at national level into various components, units or groups. The board referred to in s 11( 2)(c) is a Board of Commissioners consisting of National and Provincial Commissioners presided over by the National Commissioner, the function of which is to promote co-operation in the SAPS.
[73] Having regard to the constitutional principles that underpin public administration and organs of state, and the provisions of the SAPS Act referred to in the preceding paragraph, it can hardly be contended that a senior position such as the one under discussion was not given serious consideration when it was created and advertised. Put simply, it must have been thought by all concerned that it was necessary in furtherance of the SAPS' mission of providing a professional and efficient police service. As stated above, Barnard's assertions in this regard in her statement of case in the Labour Court were uncontested. These considerations have to be weighed alongside Barnard's description of the importance of her job within the NES, including the role that it plays in the SAPS meeting its mission as well as the importance of a managerial position within that division. Against that background and in the absence of a reasoned motivation by the National Commissioner, one is left with the distinct impression that the explanation that the post was not filled because it was not 'critical' was contrived. This is all the more evident if one considers that after the first rejection, a senior Superintendent was moved laterally to fill-in temporarily. Moreover, the post was advertised on no less than three occasions, lending a lie to the assertion that it was not 'critical'.
[74] The LAC adopted the attitude that it is for the National Commissioner alone to determine whether service delivery would be affected by a post not being filled. In my view, that conclusion cannot be reached without closer scrutiny of the applicable constitutional and statutory provisions and the facts set out in the preceding paragraph. In this regard too, the LAC erred.
[75] In relation to the assertion on behalf of Barnard that the failure to appoint her would impact on service delivery, the following part of the heads of argument on behalf of the SAPS, bears repeating:
'Given the paucity of evidence in this respect, it cannot be argued that the failure to appoint Mrs Barnard prejudiced the interests of the SAPS.·
[76] Given that it bare the onus, the paucity of evidence is not a virtue for the SAPS. The evidence referred to in preceding paragraphs militates against the SAPS' case (and the National Commissioner does not assist their cause by not providing any evidence in explanation or rebuttal) and the conclusions by the LAC. The National Commissioner would have done well to remind himself that the National lnstruction issued by him and which has the force of law, admonishes evaluation panels, not only to take into account the promotion of equal opportunities and employment equity but also to have regard to whether the promotion would advance service delivery. The letter referred to in para 30 above, sent to all Provincial Commissioners, Divisional Commissioners and Deputy National Commissioners urged the interviewing panel to focus on the appointment of persons who would enhance service delivery. Failure to appoint Barnard to a position which, in terms of the regulatory constitutional and statutory framework must have been necessary leads ineluctably to the conclusion that service delivery must have been affected.
[77] Further, the negative impact of a double rejection on dubious grounds on a loyal and dedicated servant of the SAPS, such as Barnard, cannot, as identified by Commissioner Rasegatla, be overlooked. On this aspect we are dealing with the impact on both the aggrieved individual and an the SAPS. lf we are to build a cohesive society with cohesive components within the state structure, we have to be 'situation sensitive'.
(78) Whilst it is true that in terms of the National lnstruction the National Commissioner is not obliged to fill a vacancy, the most obvious instance being where there is no suitable person capable of fulfilling the requirements of the position, it does not follow that where the only suitable person is from a non-designated group in relation to representivity, that person should not be appointed. The foreword to the EEP makes that clear. This is particularly so where there is no rational or proffered explanation, or none proffered at all.
(79) No doubt many South Africans will agree that those previously advantaged might in appropriate circumstances have to forego employment opportunities in favour of employment equity. In the present case, having regard to all the circumstances and bearing in mind the onus that rests on the SAPS, and for all the reasons set out earlier, it cannot in my view be concluded that it has been established by the SAPS that the discrimination complained of was fair. In the result the decision by the LAC, for which there is no factual foundation given the dearth of evidence to which 1 have alluded, cannot stand.
(80) As stated earlier, the facts in this case determine the outcome. In striving to achieve an egalitarian society and in addressing employment equity whilst maintaining fairness as a Standard and meeting the country's needs there can be no victors nor should there be persons considered to be vanquished. Dealing with race classifications, as is necessary under the EEA, feels almost like a throw back to the grand apartheid design. lf we are to achieve success as a nation, each of us has to bear in mind that wherever we are located, particularly those of us who have crossed over from the previous oppressive era into our present democratic order. it will take a continuous and earnest commitment to forging a future that is colour blind. This necessarily includes serious and sustained efforts to overcome the prejudices that inevitably attach to us because of our programming, relative to the segregated societies from which we emerged, in order to build a cohesive and potentially glorious rainbow nation. For now, ironically, in order to redress past imbalances with affirmative action measures, race has to be taken into account. We should do so fairly and without losing focus and reminding ourselves that the ultimate objective is to ensure a fully inclusive society - one compliant with all facets of our constitutional project.
(81] lt was agreed that in the event of Barnard being successful, compensation would necessarily be the difference between what she would have earned as a Superintendent and what she continued to earn as a captain, but limited to a two year period. That is the effect of the order by the Labour Court. Although counsel on behalf of the SAPS suggested that it was the upper limit and that it was perhaps too generous, he could not, in principle, object to such an order. The following order is made:
1. The appeal is upheld with costs including the costs of two counsel.
2. The order of the Labour Appeal Court is set aside and substituted as follows: 'The appeal is dismissed with costs.'
MS NAVSA
ACTING DEPUTY PRESIDENT
APPEARANCES:
FOR APPELLANT: Adv. MSM Brassey S.C. (with him M.J. Engelbrecht)
lnstructed by: Serfontein Viljoen & Swart, Pretoria Vermaak & Dennis, Bloemfontein
FOR RESPONDENT: Adv. N Cassim S.C (with him T Ngcukaitobi)
Instructed by
The State Attorney, Johannesburg The State Atttorney, Bloemfontein
FOR AMICUS: Adv. JJ Malan
lnstructed by Kriek Wassenaar & Venter lnc., Pretoria Rosendorff Reitz Barry. Bloemfontein
Footnote:
1 Section 25 of the SAPS Act provides:
'(1) The National Commissioner may issue national orders and instructions regarding all matters which
(a) fall within his or her responsibility in terms of the Constitution or this Act:
(b) are necessary or expedient to ensure the maintenance of an impartial, accountable, transparent and efficient police service; or
(c) are necessary or expedient to provide for the establishment and maintenance of uniform standards of policing at all levels required by law.
(2) National orders and instructions issued under subsection (1) shall be known and issued as National Orders and lnstructions and shall be applicable to all members.
(3) The National Commissioner may issue different National Orders and lnstructions in respect of different categories of members.'
2 'Designated employer means:
'(a) a person who employs 50 or more employees;
(b) a person who employs fewer than 50 employees but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of the Schedule 4 of this Act.
(c) a municipality, as referred to in Chapter 7 ot the Constitution;
(d) an organ of state as defined in section 239 of the Constitution, but excluding local spheres of government. the National Defence Force, the National lntelligence Agency and the South African Secret Service; and
(e) an employer bound by collective agreement in tenns of section 23 or 31 ot the Labour Relations Act,which appoints it as a designated employer in terms of this Act, to the extent provided for in the agreement. ·
3 See para 14 of the Employment Equity Plan. lt appears that the targets were not met.
4 Harksen v Lane NO 1998 (1) SA 300 (CC) paras 43-46. Section 6 of the EEA mirrors the prohibition against discrimination on listed grounds set out in s 9(3) of the Constitution and adds HIV Status as an additional ground. Section 9(5) of the Constitution provides:
"(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair."
5 See Minister of Finance & another v van Heerdan 2004 (6) SA 121 (CC) para 37.
6 Paragraph 27.
Transcribed from an imperfect PDF. As such there will be errors in the text.
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Why are whites not committing serious crimes? Question by Free State High Court judge
A Free State high court judge has dismissed suggestions that poverty is the reason behind some of the crimes in the country and questioned why whites were not committing serious crimes.
"What worries me is, why are whites not doing it? Why are blacks mostly incriminated in serious crimes," asked Judge Mojalefa Rampai at a public function.
"People then look back and blame poverty. Raping an old woman. where does poverty come into the equation?": - Mogomotsi Selebi, SOWETAN.
http://www.sowetanlive.co.za/news/2014/10/04/poverty-no-excuse-for-crime---judge-worried-that-blacks-are-committing-serious-offences
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Survived: four people shot and injured by unknown shottist who in turn was shot and arrested by off-duty police reservist
The Alberton music festival "Deep in the Woods' featured only white artists. Thus there may be 'racist reasons'for the shooting attack targeting music-festival goers in Alberton on October 3 2014. Four people were reportedly injured (see page grab) and an off-duty police reservist shot and injured the gunman and arrested him. No details were provided of the gunman nor the victims. News.24.com
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Rich white job-creators are fleeing South Africa like tsunami - and taking billions of Rands with them...
Rich White South Africans emigrate in hordes because they have lost faith in the country's economy. And they are taking billions of Rands with them... reports Pieter-Louis Myburgh 5 October 2014 in Rapport.co.za. The country's 'archaic' foreign exchange control system which is supposed to stop the outflow of large amounts of cash, is a big reason. Rapport spoke to three financial practitioners who are helping people arrange their financial affairs when they emigrate of want to invest their money abroad.
All three confirmed that an increasing number of 'wealthy and highly-educated South Africans are taking their skills and money overseas." The rush started after South African internet billionaire and space-traveller Mark Shuttleworth (left) won a historic victory against the South African Reserve Bank - which was ordered to refund Shuttleworth's R250million which he was forced to pay them against his protests in 2001 to try and preserve his fortune of R4billion to a foreign country. Shuttleworth announced that he would invest this money in a Trust fund to assist other South Africans fight the South African government about such constitutional matters in the law courts. "Billions upon billions of Rands are currently flooding from South Africa together with emigrating wealthy South Africans, ' said Michael Honiball of the legal firm Webber Wentzel's tax division. The exact amount of cash tsunami-ing out of South Africa is unknown and the Reserve Bank refused to tell, quoting article 33 of the SA Reserve Bank Act, wrote its spokesman Hlengani Mathebula in his email reaction to Rapport. .
http://www.rapport.co.za article 5 October 2014 By Pieter-Louis Myburgh
Ryk Suid-Afrikaners emigreer in hul hordes omdat hulle vertroue in die land se ekonomie verloor het.
Voorts is Suid-Afrika se “argaïese” valutabeheerstelsel, wat veronderstel is om te verhinder dat te veel geld die land verlaat, ’n groot rede vir dié valuta-uittog.
Rapport het met drie finansiële praktisyns gepraat wat mense met hul geldsake help wanneer hulle emigreer of geld in die buiteland wil belê.
Al drie sê al hoe meer welvarende en hoogs opgeleide Suid-Afrikaners neem hul geld en vaardighede na die buiteland.
Dit kom nadat die Suid-Afrikaanse internet-miljardêr en ruimtereisiger Mark Shuttleworth die afgelope week ’n geskiedkundige sege teen die Suid-Afrikaanse Reserwebank in die appèlhof behaal het.
Die bank is beveel om die R250 miljoen wat Shuttleworth in 2001 onder protes moes betaal om sy fortuin van meer as R4 miljard na die buiteland te skuif, aan hom terug te betaal.
Shuttleworth het aangekondig hy gaan die geld in ’n trust belê om ander Suid-Afrikaners by te staan wat die regering oor grondwetlike kwessies in die howe wil pak.
“Miljarde der miljarde rande verlaat tans die land saam met welvarende Suid-Afrikaners wat emigreer,” sê Michael Honiball van die regsfirma Webber Wentzel se belastingafdeling.
Die presiese bedrae wat die land verlaat, is onbekend en die Reserwebank wou nie dié besonderhede aan Rapport beskikbaar stel nie.
“Kragtens art. 33 van die Suid-Afrikaanse Reserwebank-wet kan die Reserwebank nie hierdie inligting deel nie,” het Hlengani Mathebula, die bank se woordvoerder, in sy reaksie per e-pos geskryf.
Honiball sê dit is baie kommerwekkend om te sien in watter getalle welvarende Suid-Afrikaners die land verlaat.
http://www.rapport.co.za article 5 October 2014 By Pieter-Louis Myburgh
“Dit is mense wat werk hier skep, ons het hulle nodig. Maar die wurggreep van (ekonomiese) regulasies waarmee ons hier moet worstel, dwing hulle om oorsee te gaan sake doen,” sê Honiball.
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Survived: Groblersdal Afrikaner dairy farmer Jaco van Wyk and three black workers injured by ten black gunmen: Tesner van Wyk 10 pleads 'please sir there is no money'
Groblersdal farmer shot and injured, three workers seriously injured by some ten black gunmen in farm attack Oct 1 2013: the ten-year-old son pleads with black gunman after the man had fired a shot into his father's leg: 'please sir, there is no money...' And indeed they did not find any, reports Jana Boshoff journalist at the Middelburg Observer.
(Dutch report on Twitter: Afrikaner joch pleit bij rover nadat zijn vader was geschoten: 'alstublieft meneer er is geen geld'... pic.twitter.com/Ko5kIveaKg
DUTCH REPORT FOLLOWs:
Antoinette Schoeman met jongste zoontje Tristan, 2: het jochie pleitte bij de 'woedende' gewapende zwarte man die zijn vader had geschoten: "Please sir, there is no money"...
“Weet jy hoe voel dit as hulle jou tweejarige kind aan sy been gryp waar hy lê en slaap en dreig om hom te skiet, of hulle vat jou 10-jarige seun uit die kamer uit met ‘n pistool teen sy kop en jy wag vir die skoot? Jou keel trek toe, jou hart gaan staan, jy haal nie asem nie. Ek wens dit vir niemand toe nie.
” Antoinette en die paartjie se jongste seuntjie Tristan.
Antoinette Human vertel van die gebeure wat hom op die plaas Welgevonden afgespeel het Woensdagnag. Gebeure wat jy nie in jou wildste nagmerrie kan opdroom nie.
Sy het haar jongste Tristen (2) teen 19:30 gaan neerlê en saam met haar oudste, Tesner (10), voor die televisie gewag vir hul pa, Jaco van Wyk, om van die melkstal af te kom vir aandete. Toe die deur oopgaan was dit nie mnr. Van Wyk wat ingestap het nie.
Drie mans het haar in Engels beveel om stil te bly. Hulle het dadelik aangedring op geld.
Kort op hul hakke het ‘n reeds beseerde mnr. Van Wyk ingekom. Hy was vasgebind en het ‘n kopwond gehad waar hulle hom met ‘n geweerkolf geslaan het.
Die drietal is na die hoofslaapkamer gevat, waar die mans aanhou vra het vir geld. Me Human het vir hulle die kluis, wat leeg was, oopgesluit.
“Hulle het heeltyd aanhou vra waar die geld is en gesê dat hulle informasie het dat daar ‘n klein kluisie in die huis is waarin daar baie geld is.”
Daar was minstens agt rowers betrokke, almal was gewapen en niemand het hul gesigte verberg nie. Een van die mans was veral senuagtig en het heeltyd gedreig dat hy iemand gaan skiet.
Die paartjie se oudste seun Tesner en sy pa Jaco van Wyk.
Die paartjie se oudste seun Tesner en sy pa Jaco van Wyk.
Hy het die slapende Tristen aan die been gegryp en geskree: “I am going to shoot your son! Where is the money?”
Me. Human sê dat sy teen die bed vasgedruk en vasgebind is. Die man het geweier dat sy haar kind vertroos. ‘n Ander rower het haar kind aan haar gegee en sag gefluister: “Keep your son quiet or they are going to shoot him.”
Buiten vir die drie wat by hulle in die kamer was, het daar nog rowers met hul ses werkers ingekom. Die tiental is almal in die kamer aangehou. Die aggressiewe rower het weereens geskree oor die geld en toe vir mnr. Van Wyk in die been geskiet. Kort daarna het hy nog ‘n skoot afgetrek, hierdie keer is ‘n werker in die boud en bo-been gewond.
Hy het die familie se pleidooie dat daar nie geld in die huis is nie geïgnoreer en hom toegespits op Tesner. Hy het hom uit die kamer gevat en beveel dat hy vir hom al die kamers wys.
Me. Human sê dat sy haar kind hoor pleit het: “Please sir, there is no money.”
“Jy weet nie of jy jou kind weer gaan sien nie. Jy lê daar en bid…wag vir die skoot.”
Sy het intussen daarin geslaag om haar jongste weer aan die slaap te sus. Me Human sê dat die rowers baie goeie inligting oor hul doen en late gehad het. Hulle het geweet hoeveel keer per week die melklorrie kom melk haal en ook van haar winkel in Saaiplaas en hul aflewerings in Groblersdal. Verduidelikings dat die geld elektronies oorgeplaas word, wou hulle nie hoor nie.
Die rowers het in hul soektog ingeboude kaste uit die mure geruk. Hulle het ook by die dak ingeklim en stukke van die plafon uitgeruk, opsoek na die kluis.
Toe hulle besef dat daar nie geld is nie, het hulle teruggekom vir me. Human se juwele en ook die groep se selfone gesteel. Hulle is vort met een van die voertuie se sleutel asook die hek se afstandbeheer.
Nadat die groep vir lank stil gelê het, het Tesner daarin geslaag om sy pa se knipmes uit sy sak te haal en homself los te sny. Toe almal los is, het me. Human met haar twee kinders na die buurman, Pieter Prinsloo, gevlug vir hulp.
Boere uit die omgewing het daarna blitsvinnig reageer en hul na die toneel gehaas.
Drie van die ses werkers wat saam met die gesin aagehou is, is ernstig beseer. Hulle is herhaaldelik met ysterpype oor die kop geslaan in ‘n poging om inligting te kry en een van hulle het sy bewussyn in die kamer verloor.
“Daai werkers het hul eie lewe in gevaar gestel om ons gesin te beskerm,” sê me. Human.
Hulle is na die Groblersdal Hospitaal gehaas terwyl mnr. Van Wyk na Midmed is vir behandeling. Hy is Donderdagoggend ontslaan en was met tye van die onderhoud reeds besig om te melk.
Die polisie se forensiese eenheid was nog besig om leidrade in te samel teen druktyd.
Woensdag, 1 October 2014: Toen drie gewapende zwarte mannen de zitkamer van het gezin-Human binnenstormden, sleepten zij de vader, agrariër Jaco Van Wyk, gekneveld en bloedend van een hoofdwond, mee naar binnen. Zij hadden de melkboer met een geweerkolf geslagen terwijl hij aan het melken was.
De moeder Antoinette Human had net haar tweejarige zoontje Tristen in zijn bedje gelegd en lag op de zitbank met haar andere zoon Tesner 10, TV te kijken terwijl zij wachtten op de terugkeer van Jaco van Wijk. Maar toen de deur opengang was het niet de melkboer die binnenkwam, maar drie zwarte mannen met vuurwapens die onmiddellijk hun geweren op de moeder en het kind richtten en in Engels snauwden dat zij geld wilden hebben. Zij sleepten Jaco van Wijk mee naar binnen: hij was gekneveld en bloedde van een hoofdwond, door een van de mannen toegediend met een geweerkolf. Het blanke echtpaar en het jochie werden gedwongen om naar de slaapkamer gaan waar Mevrouw Human de kluis ontsloot: die echter leeg was. "De mannen drongen steeds op geld aan en dat ze 'wisten dat er nog een kleine kluis zou zijn waarin veel geld zou zitten,' vertelde Mw Human aan Middelburg Observer joernalist Jana Boshoff. Er waren minstens acht zwaargewapende mannen waarvan vooral één erg nerveus was. Zij deden geen moeite om hun gezichten te verbergen en de nerveuze man dreigde steeds met zijn vuurwapen, snauwde dat hij 'iemand zou gaan schieten'.
Hij greep kleine Tristan aan een beentje en schreeuwde in Engels: "Ik ga je zoontje schieten. Waar is het geld?" Mevrouw Human werden op het bed neergedrukt en vastgebonden en de man weigerde haar verzoek om haar bange kinderen te mogen troosten
Een andere gewapende man fluisterde aan Mw Human dat zij haar zoontje stil moest houden want zij zouden hem gaan schieten. Buiten de drie mannen in de slaapkamer kwamen er nog zes arbeiders binnen met nog meer mannen met wapens. De tien slachtoffers werden allen samen in de slaapkamer aangehouden terwijl de 'aggrieve rover' aanhoudend schreeuwde dat hij geld wilde hebben. Hij schoot de melkboer in een been, en kort daarna vuurde nog een schot in het bovenbeen van een van de arbeiders. De man weigerde om naar de pleidooien van het agrariërs gezin te luisteren en concentreerde zijn woede op de tienjarige Tesner - hij sleepte het jochie de kamer uit en eiste dat het kind alle kamers aan hem zou laten zien. Mw Human hoorde haar kind pleiten: "Alstublieft meneer, er is geen geld.' "Je weet niet of je jouw kind weer levend zal zien. Je ligt daar te bidden en je wacht op het schot', vertelde de moeder. Zij was erin geslaagd om haar tweejarige kind weer in slaap te sussen. Zij zag ook dat de bende heel goede inlichting hadden over al het doen en laten van het gezin, en ook kennis hadden hoe dikwijls de melkauto de melk kwam opladen, zij wisten dat zij een winkel beheerde in Saaiplaas en dat zij hun afleveringen in Groblersdal deden. Mw Human vertelde dat haar pogingen om uit te leggen dat al de betalingen electronisch werden gedaan, op dovemans oren viel. De mannen met de vuurwapens doorzochten het hele huis en scheurden zelfs het plafond stuk in hun zoektocht. Toen ze beseften dat er echt geen geld was, kwamen ze terug om de kunstjuwelen van Mw Human te stelen en om alle mobieltjes van alle slachtoffers weg te halen. De grote groep mannen namen de sleutels van de voertuigen op de boerderij mee en het afstandbeheerapparaat van het electronische hek rondom de woning op de boerderij. De tien slachtoffers bleven geruime tijd doodstel om te luisteren of de aanvallers weer terug zouden komen. Intussen was het jochie Tesner in de weer om met het knipzak van zijn vader zichzelf los te snijden van zijn boeien en daarna iederee
http://mobserver.co.za/19175/seuntjie-pleit-by-rower/
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Murder: Mrs Sherrill Bester, bludgeoned to death by 3 black males, Ottoshoop home: researcher for Democratic Alliance party
Murder: Democratic-Alliance party researcher Mrs Sherrill Bester was found bludgeoned to death on October 4 2014 by three black males, the Democratic Alliance said in a statement on October 6 2014. Mrs Bester did research for the party at the North West legislature. http://www.da.co.za statement Oct 6 2014
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SABC- Democratic Alliance party statement: A 50-year-old Democratic Alliance (DA) researcher was found dead in her home in Ottoshoop, North West, at the weekend.
Three (black males: confirmed by SAPS) allegedly entered Sherril Bester's home and attacked her with a blunt object on Saturday night, Sergeant Kelebogile Moleko said on Monday.
"She was found with marks on her head and neck and was also believed to have been strangled." Bester had friends visiting at her home earlier on Saturday but was alone at the time of the attack.
"After her friends left, the three people entered her home and attacked her," said Moleko.
They allegedly loaded some of Bester's clothes and food onto the back of her bakkie and fled the scene. Police then received a report that the bakkie had crashed into a gate in a nearby township. It was found abandoned with Bester's food and clothes still inside.
"After further investigation, we found that the bakkie belonged to the woman and when we went to her home we found her dead," said Moleko.
No arrests had been made.The DA said Bester was their researcher in the North West provincial legislature.
"Sherril was a loyal and trustworthy employee in the DA's legislature office for most of the past 10 years, during which she reported almost daily on incidents like the one that cost her life," DA provincial leader Chris Hattingh said.
http://www.da.co.za statement Oct 6 2014
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