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The big court cases that made headlines in the Lowveld #poachingsyndicates

It has been an eventful year in the courts, with some major cases being under judicial scrutiny in order to obtain justice for the victims of violent crimes, which is at an all-time high in the province. This is a snapshot of some of the significant cases that our Lowveld criminal justice system had to contend with. #poachingsyndicates

Golf Club Victim dies in Johannesburg 

A 38-year-old Zander Kotze was left in coma after an alleged altercation at Mbombela Golf Club on July 7.
He was treated in the intensive care unit, as confirmed by Mediclinic Nelspruit’s spokesman, Robyn Baard, until he was moved to a Gauteng medical facility on August 12, for specialised treatment.
The comatose assault victim died at 04:00 on August 17, at Clayton House Hospital in Johannesburg.
Morné van Rooyen, who was initially arrested for attempted murder, first appeared in the Nelspruit District Court on July 12 where he was granted bail of R2 500.
Nelspruit police spokesman Capt Zandile Gwaqa subsequently confirmed that a charge of murder will be investigated after Kotze’s untimely death.
Brig Leonard Hlathi, the provincial spokesman for the police, indicated that, “the autopsy results have been received, but the contents thereof cannot be communicated due to it being an active case”.
The matter was transferred to regional court, as per the Director of Public Prosecution’s (DPP) decision on representations made to it. Magistrate Boitumelo Mosadi remanded the case until January 15, 2020, for determination of trial date.

Annatjie Myburgh trial

Just over three years since the kidnapping from her home in Rocky Drift and murder of Annatjie Myburgh, on June 15, 2016, Selby John Mabila (33) and Paul Mathebula (32) were found guilty in the Mpumalanga Division of the High Court on July 4, 2019 and the matter was remanded until August 16 for sentencing.
The Lowveld community was overcome with sorrow at the news of Annatjie Myburgh’s passing after a four-day ordeal during June 2016 led authorities to Myburgh’s lifeless body, close to a gravel road near the Kruger National Park’s Numbi gate.
The police and security officials located a woman through trustworthy informants, who the two convicted killers had allegedly visited with Myburgh’s hijacked Pajero.
Information was exchanged between the woman and the police on the whereabouts of the first suspect, Mabila, who was arrested in the Mahushu informal settlement where he had apparently been drinking. The second suspect was arrested at his hideout in Cunningmore near Bushbuckridge.
Their nightmare began when Wendell Myburgh Sr was informed that Annatjie had not arrived for work. J&M Security officials were notified and after arriving at the Myburgh’s residence, feared the worst when they found knives at the gate and her glasses nearby.
Judge Annemarie van der Merwe concluded that the convicted murderers had shown no remorse about their involvement in crimes committed against Myburgh and handed down two life sentences to the accused.

Annatjie Myburgh and her daughter.

The illegal firearms arsenal of Bruce Whitehead-King

Bruce Whitehead-King was arrested after he had been found in possession of a large number of firearms and ammunition on his Uitkyk farm on September 18.
The case was remanded until February 27, 2020, for further investigation by the state.
Whitehead-King was released on R10 000 bail on October 2, on condition that he report to the Mbombela SAPS three times a week. His bail was extended last week Tuesday on the same conditions.
Brig Leonard Hlathi, the provincial spokesman for SAPS, previously stated that a total of 121 guns and more than 12 712 rounds of ammunition were discovered at the suspect’s home in a large freight container.
The weapons were allegedly not correctly licensed and stored on his property. The weapons included assault rifles, hunting rifles, an assortment of handguns, ammunition stored in military-style munition crates and “a handful” of antique or collectible firearms, according to sources close to the investigation, some of which purportedly had dealer tags on.
Hlathi confirmed that the police acted promptly on an anonymous tip-off, which was the result of an investigation in collaboration with Bossies Community Justice.

The Lily and Barbrook Mines saga continues

Siyakhula Sonke Empowerment Corporation (SCC) and its subsidiary Flaming Silver (FS) attempted to enforce a sales of shares agreement entered into between FS and Vantage Gold SA (VGSA) during November 2017.
The Sales of Shares Agreement between the VGSA and FS was declared unenforceable by acting judge Hendrik Roelofse on July 17, in favour of VGSA.
FS brought an appeal application to the full bench of the Mpumalanga Division of the High Court which was dismissed with costs on August 6, in favour of VGSA.
Arqomanzi, created by the amalgamation of SSC and Taung Gold, fought back with an application in the Mpumalanga Division of the High Court on November 11, in which Arqomanzi was declared a substantial creditor of Vantage Goldfields (VGO) by order of court.
The application sought to declare that Standard Bank had validly ceded all the loan claims of VGSA to Arqomanzi, in the amount of R389 million. The court however did not declare the amount claimed.
The business rescue practitioners, namely Robert Charles Devereux and Daniel Terblanche, were further ordered to consult with VGO, Barbrook Mines and Makonjwaan Imperial Mining Company (MIMCO), as well as the affected stakeholders to propose amendments to the companies’ business rescue plans.
Lily and Barbrook mines were placed under business rescue after Lily Mine collapsed in February 2016. Mining operations ceased and MIMCO, a subsidiary of Vantage Goldfields, was unable to pay its debts.
VGSA is also facing pending litigation in the Supreme Court of Appeal (SCA). FS petitioned the court on the basis that Roelofse erred in his judgement.
VGO CEO, Mike McChesney has already indicated that they are appealing the case in which Arqomanzi was declared an independent creditor and still await a court date to be allocated.

Vantage Gold CEO, Mike McChesney.

Hit-and-run case of Niemann postponed for further investigation

Johan Louwrens (23) claimed the life of local businesswoman, Letisia Niemann (38) more than two months ago in an alleged hit-and-run accident, on September 28.
During Niemann’s walk home from a local pub with her husband, Eben (44), Louwrens allegedly struck her with his bakkie and sped off.
The incident took place close to Mustangs in Loco Street at around 23:00. Martin Jeffrey from Emer-G-Med treated her on the scene and transported her to Kiaat Private Hospital, where she died hours later.
Louwrens handed himself over and was arrested on September 30 and was released on R1 500 bail on October 9.
According to Capt Zandile Gqawa, the Nelspruit police spokesman, the police were investigating a case of culpable homicide.
Louwrens briefly appeared in the Nelspruit magistrate’s court on November 29 and the matter was remanded until 27 January 2020, for further investigation.

The Mark Norris tragedy

The man, who was initially not linked to the killing of Luke Von Johnston (66) and John Ntimane (73), committed suicide on October 2.
Mark Norris (41) stood accused of shooting Luke Von Johnston and John Ntimane in cold blood during an incident at Boondock Farm on October 24, 2017.
The NPA spokesman, Monica Nyuswa at the time stated that, “there was not enough admissible evidence on the docket to warrant the matter to be enrolled.”
The docket was however returned to the police for further investigation and for the Director of Public Prosecutions’ (DPP) for a decision.
Mark Norris’ trial began in the High Court sitting at the Barberton Magistrate’s Court on April 15, after a summons was issued for his appearance.
The matter was scheduled to proceed on trial for November 4, when in a tragic turn of events Norris succumbed to the pressure and shot himself and his 72-year-old mother, Silvia Norris. She was shot in the back of her head in front of the door to her bedroom.
The police spokesman, Brig Leonard Hlathi, said a preliminary investigation indicated that the firearm belonged to Norris’ wife, as his licensed firearm was in the police’s possession pending trial.
Police investigation continues into the Mark Norris murder-suicide, with an inquest docket opened by the authorities. “The judicial inquiry into his suicide is still in the process of being finalized,” Nyuswa confirmed.

The big trials that Lowvelders can look forward to for 2020

The indiscriminately kind and loving Liesl Nel’s murder trial 

Liesl Nel’s (41) body was discovered on February 16, 2018, in a ditch outside a property on the eastern side of the Uitkyk Road. She had been house-sitting while the owners were away.
The man accused of murdering Nel, Nicholas Magagula, appeared in court on February 20, 2018. Magagula (38) applied for R1 500 bail, but was remanded in custody due to the state opposing it.
According to Capt Dawie Pretorius, the SAPS spokesman, the suspect worked as a gardener on the property where Nel was killed.
W/O Jerry Mamba, recounted how the victim’s body had been discovered in a drain.
The accused appeared briefly in court on November 21 and Magagula was remanded in custody until February 10, 2020 for the trial to continue.

ALSO READ: Liesl Nel a wonderful soul murdered

Poaching Kingpin “Big Joe’s” trial will start #poachingsyndicates

Joseph Nyalunga’s, better known as Big Joe, court proceedings will carry on between 4-8 May 2020, but the date is yet to be confirmed.
Alleged rhino poaching honchos, Petros Sidney Mabuza and Joseph Nyalunga, have a long history of run-ins with the law. Dubbed “Mr Big” and “Big Joe”, several cases and investigations related to poaching and theft have been opened against them.
Nyalunga, a former policeman, was first arrested in December 2011, after the police confiscated items that were allegedly obtained through illegal proceeds gained from rhino poaching. These items were supposedly worth more than R8 million. He was released on bail of R30 000 in March 2013. Since then the case has been postponed numerous times.
A major operation by various members of law enforcement led to the re-arrest of the two poaching kingpins again on September 18, 2018.
Petros Sidney Mabuza was recently back in the White River Magistrate’s Court on July 5, for two cases in which he is accused of, among other things, theft and trading of rhino horn.
According to NPA spokesman, Monica Nuyiswa, the case has been transferred to the Mpumalanga Division of the High Court for a trial scheduled to start in mid-2020.

ALSO READ: POACHING SYNDICATES Big Joe and Mr Big’s run-ins with the law

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