Newcastle Advertiser journalist attacked on Valentine’s Day

Her bloodcurdling screams did nothing to help Newcastle Advertiser’s digital manager as she was assaulted and robbed on Valentine’s Day.

Elize van Tonder’s harrowing night began with a plea for help from a concerned community member, who reported a noise disturbance to this newspaper, from a residence in the CBD.

“I arrived at the scene with my husband, and took out my camera to record from across the street,” Elize explained. “It seemed like the noise was coming from the residence, where it appeared that members were having a prayer meeting.

“A few men, who were sitting outside the residence, asked me why I was taking photos. “They then attempted to grab my camera.”

Screaming and trying to ward off the attack, Elize’s attempt to escape yielded little more than further aggression.

“A few of the men blocked my husband from coming to help me, and they continued trying to prise the camera out of my hands. “In refusing to let go, the violence escalated to the point where the skin was torn off my fingers.”

Visibly shaken and traumatised, Elize managed to place calls for help to the Newcastle SAPS and the Advertiser team, who arrived within minutes of each other.

After identifying themselves to police officers, the Advertiser team formed a ring around Elize as the situation rapidly deteriorated.

Demands for the camera’s return were met with derision from the alleged congregation members, who claimed they were not afraid of the police.

Eventually, the camera was returned, but only after the police officers stood witness to damning footage of the assault being deleted.

An attack on a journalist, or an attack on freedom of the press?

According to Elize, who recorded the entire assault, being forced to delete the footage was a violation she will not soon forget.

“How could the police allow evidence of a crime to be deleted in front of them?” she asked.

This question was also posed to Brigadier Bhekani Buthelezi of Newcastle SAPS, who has since personally vowed to investigate the matter.

“I will check with the officers who responded that night and investigate,” he promised. “I am very sorry about what happened. An internal investigation (Standing Order 101) will be opened, and all witness statements will be taken.”Newcastle SAPS

Agreeing the actions of the officers was not commendable, Brigadier Buthelezi nonetheless vowed to ensure justice would be served.

A much more serious crime

Letting agent and administrator of the property where the assault took place, Mohamed Seedat of Remax Properties, said the residence was leased late last year to a Pastor who wanted the property for his private residence.

“He also advised me that he would be holding counselling sessions and small prayer groups from time to time. We received a petition from community members in the area about the sound level,” confirmed Mr Seedat, who also arrived to help defuse the situation on the night.

“I’m glad I was there to control the situation, and make sure everyone was fine and no further incidents took place.”

“In a meeting regarding the disturbances, the Pastor said he would be conducting services daily but only on a Wednesday and Sunday between 6pm and 8pm would they be using the loud speaker.” Mr Seedat strongly advised the tenants to erect a sign with the service times, and stick to these.

The petition

The Advertiser has managed to obtain a copy of the petition, which was signed by more than 20 people in the area. It reads:

“Sir, As you are the owner of the above mentioned property, we, the undersigned, employ you to take the necessary steps regarding the serious problem of noise emanating from an open roofed lean-to on the premises. This happens almost every night, almost every morning during weekdays and especially on Sundays. We feel that a religious gathering  with shouting of the speaker as well as the congregation, and the use of loud speakers (and on Sundays loud instruments)  does not belong in an area where there are businesses, professional offices, medical emergency services as well as blocks of flats and dwelling houses.”

Adding to that, one of the complainants said the ‘congregation’ was “unbearable, aggressive and noisy”. The complainant, whose name is known to this publication, said she hoped the assembly would soon cease to operate from the area.

“Their actions are spiritually upsetting. I am not surprised at what happened to your journalist; I know what their members are capable of,” she said.

The lacklustre response

Contacted telephonically for comment, the tenant (who is also the Pastor) denied knowledge of the incident, despite speaking to members of the Advertiser at the scene.

“I’m sorry but nobody was attacked and no camera was stolen,” he said. “That’s a make-up story. I have nothing to say.”

The Pastor refused to say more, saying he was not ‘permitted’ to do so, and demanding a face to face meeting in order to comment.

“I don’t know who I’m talking to. For you to call on this line with these make-up stories… no.”

The Pastor was informed that his comment would be used, as he was given the opportunity to respond, and promptly threatened to sue this publication.

Zoning and the bylaws

Portfolio Councillor of Human Settlements, Development and Planning, Matthew Shunmugam, referred questions relating to the zoning of property to encompass areas of public assembly, to SED of Planning, Nokuthula Thusi.

“This issue is one we struggle with,” he said. “People cannot trade illegally. There are policies and regulations that need to be implemented, as set down in the Planning and Development Act. The difficulty with enforcement lies with outside influences.”

The SED explains SED Thusi responded by con- firming her department had indeed received complaints.

“Kindly take note that the department received complaints previously about the church established without permission of Council on the above mentioned premises. Officials of this department met with the owner at which it was agreed that an application to establish permitted uses would be sub- mitted to Council for consideration,” she said. However, no such application has since been received. “Moreover, this department met specifically with the representatives of the Church on Monday this week and were made aware of the transgression.”

The representatives of the church appeared surprised by the sentiments expressed by the municipality and acceded that the owner did not divulge such detail to them as tenants and has been collecting rental since the time the church occupied the premises.

“With such non-cooperation from the owner, the municipality has issued a notice of transgression to the owner of the premises since the entire development (ambulance services, residential and church) established from the premises is non-compliant with the town planning scheme.The municipality has instituted legal proceedings against the owner,” she concluded.

New information

Mr Seedat, administrator of the property in question, confirmed receipt of a municipal notice on Wednesday, February 18.

The notice included the following:

“You are also instructed to cease with immediate effect any activities of the church until such time as the above has been resolved.” “Failure to comply with this Notice, legal action will be taken against you in terms of the Kwazulu-Natal Planning and Development Act, Act No. 06 of 2008, to ensure compliance for which legal costs will be for your account.”

Mr Seedat confirmed his lawyers would give the tenants an ultimatum to revert to using the property as a proper residence, and not to have public gatherings.

Failure to comply would result in immediate eviction. “

Before the Pastor moved in, I paid for the services of a professional (in May 2014) to apply for the relevant rezoning and relaxations, for commercial use. To date, the procedures are still being followed.”

Mr Seedat also confirmed no legal action had been instituted against the owners of the property.