EFF wants Constitutional change, justice for Gardee
THE EFF is calling for a change in the Constitution which they claim favours perpetrators over victims, following the murder of Hillary Gardee, the daughter of former EFF secretary-general Godrich Gardee.
Three suspects who appeared at the Nelspruit Magistrate's Court in connection with the murder abandoned bail on Monday. They claimed to have been tortured in custody and demanded medical attention which the court granted.
The suspects, Sipho Mkhatshwa, Philemon Lukhele and Mduduzi Nkala will be back in court on June 9, 2022.
The body of Gardee, 28, who went missing on April 29, was recovered in a timber plantation just 40km outside Mbombela last week.
Accused number 2, Lukhele asked to send condolences to the Gardee family, claiming to know the family personally, saying he was innocent and his name would be cleared.
Speaking outside court on Monday, EFF national chairperson Veronica Mente told supporters that the suspects were facing six charges – conspiracy to murder, kidnapping, rape, hijacking, defeating the ends justice and possession of firearm. Mente said it was disturbing that Gardee's name was not mentioned but there were discussions about the well-being of the perpetrators.
“We have a problem here; we are all here for Gardee but there was nothing said about her today there is something wrong in this. The laws we have in South Africa is that it must be made sure that perpetrators are well, eating, (and) in good condition. What about the victims? They should be prioritised,” said Mente.
Mente said the Constitution must be changed. “If a person says they abandon bail, what does that say, doesn't that smell of guilt, how come you'd be afraid to come out?
“The second thing that was disturbing is that they demanded medical examination because they claimed they had been tortured. Gardee's aunt gave us an image showing the brutality on her body; there were even footprints of boots. The next thing such big men are scared of a small slap from the cells. So why must they go to the doctors while they showed no mercy to Gardee,” said Mente.
Lukhele is an ANC senior researcher in Mpumalanga Provincial Legislature's Chief Whip Fidel Mlambo's office.
“We got the information that Lukhele was arrested on Saturday morning. As an office we made our own investigations, it is true that he was arrested. We extend our sincere condolences to the family. Our organisation is against any act of violence against women and children… we are on the side of the victims,” said Mlambo.
The Gardee family, EFF leadership, supporters, gender activists, and members of the public who attended the court case had earlier called for the accused to be denied bail.
“A denial of bail will instil confidence in people who are abused in their homes. All people who are suffering abuse need to be taken into confidence and this is the opportunity for our judicial system to do that,” EFF national spokesperson Sinawo Thambo said.
“We are told that there are more suspects that are being investigated, people of interest and directly linked to the crime positively and we will await that work to continue to proceed. We don't want to enter the realm of engaging the social media reports about the names of the suspects,” he said.
The State applied for a postponement in order to conduct further investigations.
The prosecutor stated that the accused will be transferred to Nelspruit Prison during the period of the postponement to receive medical attention following their claims of torture
Gardee was buried on Saturday in a moving ceremony which was attended by the family, EFF, government officials including Police Minister Bheki Cele and dignitaries from across the continent.
A TOTAL of 35 magistrate's courts need to be repaired following the floods that recently ravaged parts of KwaZulu-Natal, according to Justice and Correctional Services Minister Ronald Lamola.
Some courts close early due to lack of water, and periodical courts operating in damaged mobile courts will be relocated to the main seats.
This emerged when Lamola responded to IFP MP Themba Msimang. He had wanted to know the extent of damage caused to public infrastructure by the recent flooding in KZN and the Eastern Cape.
Msimang also wanted to know the timeline for repairs and contingency plans to ensure that the work of the courts continued.
In his response, Lamola said the flooding had negatively affected the day-to-day operations of the courts due to damaged infrastructure. He said many courts had postponed matters on April 12.
“There was a very low attendance by officials as public transport was not available, and there was a precautionary warning that people should not access certain roads. Many courts postponed matters on that day.”
Lamola said court managers had reported that operations at most courts had resumed fully.
“A number of courts need to be repaired following the floods. Some park homes will need to be replaced due to severe damage, while new ones are required in some courts,” he said.
“The only courts forced to close early due to health and safety concerns are those courts that are still without water,” he added.
Lamola said that 35 courts were affected by the floods in KZN, with at least eight in Durban, four each in Harry Gwala, uMgungundlovu and iLembe districts, two each in uThukela, King Cetshwayo, uMkhanyakude and Umzinyathi districts, and seven in Ugu district.
The damage ranged from roof leakages and damaged ceilings to park homes, floors and carpets, windows, water and electricity supply, generators, cleaning drainage systems and access roads.
Lamola said repairs to the damaged magistrate's courts were ongoing.
“The Department of Public Works and Infrastructure is assisting government departments with the required assessments on the damages caused, and service providers have been appointed to attend to some critical areas.
“It is anticipated that all repairs to roofs will be finalised by May 31. Depending on the outcome of the completed assessments, some roofs might need to be replaced,” he said.
Where water was not available, the department had procured drinking water.
“Water tanks have been procured, and the municipality is assisting with water delivery. Some courts close early due to lack of water. Capacity is sourced from other regions to assist where possible,” he said.