Tuesday, 30 May 2000

'It's reasonable to flee SA over crime'

A Durban businessman has been granted a court order to move to Australia with his two young daughters, against their mother's wishes - because of crime and the threat of Aids in South Africa. In a ground-breaking judgment, the Durban High Court found civil engineer Richard David Jackson's reasons for wanting to emigrate with his children "reasonable and genuine". Jackson, chief executive of Afriscan, a civil engineering and property development firm, was granted an order by Judge Achmat Naiem Jappie to take daughters, Danice Skye, eight, and Tasya Erin, six, to Brisbane, where he is to take up permanent residence. The children's mother and Jackson's former wife, Deborah Gail Jackson, contested his application on the grounds that it would be detrimental to the girls for them to be separated from her. When they divorced in 1998, Richard Jackson was granted custody of the children and Deborah Jackson extensive access rights. While they were married, the couple decided to move with the girls to Australia and went on a reconnaissance trip there. Judge Jappie ruled that the overwhelming reasons for Jackson wanting to take the girls to Australia - including violent crime in South Africa, the need for good education and the HIV infection rate here, which would have a negative impact on their lives - were "reasonable and genuine". Jackson told the court that over the years, his friends and even his daughters had become victims of crime. He said that a defensive and constrained mode of life had been forced upon him and his family in South Africa. Denying he was a pessimist, Jackson said in an interview: "There is a possibility that this country could put itself right. But I don't see any sign that the crime rate will drop." He said he was saddened at having to leave, but with the influx of South Africans to Australia and with many of his friends already there, he was confident Australia would offer him comfort, security and a better life. "I want my children to have a lifestyle where they can play in the parks and go to the beaches. In Cowies Hill, where I live, my children are harassed to live indoors behind high security walls and gates. We are prisoners in our own homes." The court ruling also challenged the stereotypical notion that mothers were better caregivers. "He is a man of substance and is financially secure," said the judge. He also found that social workers' comments that a lengthy separation of the girls from their mother would be emotionally painful, appeared to be based largely on sympathy for Deborah Jackson. "In my view, much of their evidence has shown a bias in favour of the defendant rather than an objective assessment." The court ruling orders Jackson to pay for travel costs for his children should they visit their mother in South Africa. Deborah Jackson, unhappy about the decision, said her former husband's reasons were "not compelling", but "excuses to leave the country". "He is an extremely capable father. But I do not believe that the judge would have ruled in my favour if I was the custodian parent." In evidence, she said her children lived in an upper middle-class environment and steps were taken to ensure their safety. The exposure to crime risks was less significant than the "children being deprived of their mother, who always has and still does play a meaningful role in their lives". Richard Jackson's lawyers argued that people in affluent areas had become targets and to suggest that young children were not targets was "absurd".

'Rapist' falls ten floors to his death

An alleged rapist fell 10 floors to his death in Joubert Park, Johannesburg, on Saturday after he misjudged the distance between two buildings while trying to escape from the police. Inspector Willem de Villiers reported that police were chasing two men after they allegedly raped two women on the top of Rosedale Heights. "When the policemen identified themselves, the suspects jumped up and started fleeing. They fired two shots, warning the suspects to stop," said De Villiers on Sunday. One of the men jumped onto the roof of another building and escaped, but the second suspect fell 10 floors. - Sapa

Vigilantes terrorise rural residents

Nelspruit – Police are tracking down a vigilante group responsible for a string of mafia-like crimes in the tribal area of Msogwaba near Nelspruit. For months, the group has pretended to be a Community Policing Forum (CPF) and its members have beaten up people, broken into homes and reportedly stolen furniture. In the latest incident, five vigilantes shot one child in a leg and beat three others last weekend after accusing them of killing a man in a cemetery in Msogwaba two weeks ago and stealing his cellphone. They forced a confession from the children, aged 16, 17 and two aged 18, and took them to the Kanyamazane police station. The children were released on Wednesday because of lack of evidence and they laid charges of attempted murder and assault against their attackers. One vigilante, Thabo Mnisi, went on a local radio station and accused police of not doing their jobs properly. "Police have released people who are murderers, they don’t do their job properly and they don’t co-operate with us," he complained. Captain Phindi Maseko at Kanyamazane police station said on Monday there was no recognised Community Policing Forum in Msogwaba. "The only recognised CPF is in Kanyamazane and we don’t know these people," he said. He said one of the vigilantes was a former reserve constable who was fired because of misconduct and having a criminal record. Villagers in Msogwaba say they fear for their lives because vigilantes break into their houses and rob them. "Msogwaba is no longer safe, we lock our houses even during the day because we are afraid," said Mariah Mhlongo who recently reported a break-in to the police. She said vigilants broke her windows and door and stormed in, accusing her son of being a thief. "At first we thought they were a CPF because they wore uniforms similar to the police, but they are worse and evil," she said. She said the community first trusted them and thought they were helping with crime prevention. Maseko said a police meeting with the vigilantes was postponed on Wednesday because their chairperson did not arrive. "I don’t think they were telling the truth," said Maseko. "I think they became afraid because the real CPF was there to hear the story," he said. He said police were now searching for the five vigilantes who assaulted the four children. - African Eye News Service

Eight prisoners escape from E Cape cells

Eight awaiting-trial prisoners escaped from the Centani holding cells near Butterworth, in the Eastern Cape, on Saturday night after overpowering a guard, police reported on Sunday. Police spokeperson Captain Mzoli Kopolo said the prisoners overpowered the policeman when he entered the cells to give them water to flush blocked toilets. The prisoners took the policeman's service pistol and locked him in one of the cells. Kopolo said the men then entered the charge office where they opened the safe and took three R-5 rifles, three 9mm pistols and a .38 revolver. The men, who are facing murder, rape and assault charges, also stole a register book before fleeing. Kopolo said one of the suspects was rearrested on Sunday morning, while the others are still at large. - Sapa

Conman behind Mpuma note scandal nabbed

By Justin Arenstein The Israeli mastermind behind Mpumalanga's R1,3-billion promissory note scandal was arrested by a joint FBI-Interpol task force at his Las Vegas hideout in Nevada, United States, this week after a two-year manhunt. Moshe Regenstreich, who has claimed to be everything from an Israeli war hero to an international spy, will be extradited to Switzerland for trial after allegedly fleecing European businessmen of $10-million (about R720-million) in a series of illicit diamond deals. Regenstreich left Switzerland as "Moshe Regev" on Israeli passport number 5366439 in March 1995, but entered South Africa as Regenstreich on Israeli passport number 6650678 late in 1997 and eventually left on Lesotho passport number N006588 in August 1998. After he had been linked to the illegal trade in chemical weapons, including deadly mustard and sarin nerve gas, he was blacklisted by the United States congress and the state department in 1995 when his import-export company, Mainway, was linked to the sale of equipment, material, know-how and technology to Iran for the manufacture of chemical weapons. Swiss courts eventually placed a cash bounty on his head and issued an international warrant in January 1998. But Regenstreich had entered South Africa, where he cut deals with National Intelligence Agency (NIA) operatives, Mpumalanga's provincial government and even the justice department. He was also able to flee to New York at the height of the promissory note scandal in August 1998, after helping Alan Gray, the former Mpumalanga parks board chief, to secretly use 19 game parks as collateral for a series of illegal offshore loans. Faizel Abdul-Kader, South Africa's Interpol director, confirmed that Regenstreich had been on his international wanted list since early 1998, but said Interpol was not informed that he had entered South Africa. Regenstreich set up a financial brokerage, Fenetic Investments, in Sandton shortly after arriving in the country and rapidly bought a number of other shady foreign exchange brokerages. He hired two NIA operatives, Ian Langworthy and Pieter Louw, and according to their official reports used the companies as a front for money laundering and dealing in stolen share certificates. Regenstreich also used Fenetic to set up the R1,3-billion promissory note deal with Gray in 1998, promising massive offshore loans of up to R500-million each in return for a contract granting 19 game parks to Fenetic as "unequivocal" collateral. On a roll, Regenstreich set up a $115-million 12-ton gold deal and signed an offer to purchase one of Marino Chiavelli's former 30-room palaces in Hyde Park for $2,4-million. Media exposes of the illegal promissory note deal shattered his affluent lifestyle, however, leading to his eviction from the mansion, his arrest with Langworthy and Louw in a stolen share certificate scam, Reserve Bank raids on his Fenetic offices and a flurry of law suits. Regenstriech and Gregory Mbokomo, his Zambian financial director, were initially charged along with the NIA operatives after they were caught trying to convince Johannesburg-based BFS Capital to accept share certificates worth $14,3-million as surety in return for a $1,5-million loan. All charges were dropped in January, however, after the state said Regenstreich had co-operated and that the police had been unable to prove that he or Mbokomo were aware that the certificates were stolen. Langworthy insisted in NIA reports at the time of his arrest that Regenstreich was the key to the criminal underworld and had used Fenetic to illegally channel crime-syndicate money out of the country. The Reserve Bank eventually closed down Fenetic after confirming that it was engaging in international currency speculation without a forex licence. It declined to prosecute, despite being briefed on Regenstreich's role in the promissory note scam, the stolen share certificates and concerns by the International Banks of Southern Africa that he was the front for an Israeli crime syndicate that had cost local commercial banks millions. Regenstreich fled to the US, apparently using a Lesotho passport. Langworthy and Louw are meanwhile threatening to implicate their NIA handlers, as well as Bushie Engelbrecht, the head of crime intelligence when the share certificate scam goes to trial next month. Langworthy reported directly to Thabo Kubu, the head of the NIA's shadowy strategic projects unit, and tried to intimidate police into dropping charges by organising meetings between Kubu and investigating officers. The scheme backfired when Kubu eventually made a sworn statement to police insisting Langworthy had "gone overboard". Kubu was suspended from the NIA on unrelated charges shortly after the arrests and his unit dismantled following allegations of massive fraud, misuse of state resources and death threats against NIA operatives who complained about the unit's conduct.

More cops as W Cape bus violence escalates

Cape Town - More police resources are on the cards for the strife-torn townships of Cape Town to stop the conflict between taxi operators and the Golden Arrow bus company, Western Cape Safety and Security MEC Mark Wiley said on Monday. Speaking to the media at the GJ Jooste Hospital in Manenberg on the Cape Flats, where he visited commuters who were shot in the legs in Khayelitsha earlier in the day, he said he would hold talks with national police commissioner Jackie Selebi on Tuesday. Wiley said other issues which could be discussed were gangsterism and urban terror. Provincial police commissioner Lennit Max would also be present, along with Transport MEC Piet Meyer. Meanwhile, the violence against Golden Arrow bus drivers and commuters appeared to be on the increase. A Golden Arrow bus driver was killed when shots were fired at a bus in Delft on the Cape Flats shortly before 6am. A petrol bomb was lobbed into the cab of the bus, which was gutted. Golden Arrow identified the bus driver who died in Delft as Jacobus Swart, 50, of Firgrove. Fifteen minutes later five commuters were shot in their legs as they were waiting for transport in Khayelitsha. A sixth commuter, dodging bullets, was injured when he was hit by a car. A petrol bomb was thrown into the cab of a Golden Arrow bus at the corner of Vanguard and Oliver Tambo drives in Khayelitsha at 10.30am, but no-one was injured. The cab was gutted. Police said the bus had been parked at the side of the road while the driver went to fetch help to change a flat tyre. Western Cape Transport MEC Piet Meyer was in Pretoria on Monday but said through his spokesperson Danny Abrahams that he was "shocked to hear of the senseless barbaric" killing of another bus driver.

Two die in car crash while apparently fleeing police

Johannesburg - Two people died in a car accident on Sunday night while apparently fleeing from police in Orlando East, Soweto police reported on Monday. The two, a man and a woman, died when the white Opel Monza in which they were driving collided with a minibus at around 10.30pm, police spokesperson Captain Richard Luvhengo said in a statement. Four people in the minibus were slightly injured, and were admitted to Chris Hani Baragwanath Hospital. The couple were driving along Pela Street in Orlando West when they noticed a police roadblock ahead and made a u-turn. The police gave chase, and near the border of Orlando East and Diepkloof Zone 1, the Monza veered out of control and collided with a minibus. The Monza caught fire and burnt out. "During preliminary investigations the police discovered that the ignition of the Opel Monza had been tampered with and that the keys used to start the vehicle did not belong to the Monza," Luvhengo said. The vehicle was found to belong to a resident of Protea Glen, but had not been reported stolen. - Sapa

Former DJ dies in nightclub gun battle

Former Radio Metro DJ-turned-bouncer Ian Segola was shot dead in a fierce gunbattle at a popular nightclub in Sandton, Johannesburg when he tried to stop a gunman from entering the club. Pandemonium broke out at the Calabash nightclub at about 2.45am on Monday morning when bouncers ejected a patron who was trying to re-enter the club - filled at the time with about 100 patrons - with a firearm. Information pieced together from the accounts of workers at the club is that Segola, 38, drew his firearm when the attacker fired a shot into the air. The gunman pressed up against a wall at the entrance and aimed at Segola, who had ducked into a corner and fired several shots. Other bouncers apparently also began shooting. It is believed that 16 empty cartridges were picked up from the scene after the man who provoked the gunfire escaped in a BMW. Segola was hit under the eye and in the side by bullets from a 9mm pistol. He died at the scene as paramedics tried to resuscitate him. Police said two people were admitted to Sunninghill Hospital with bullet wounds. Segola's girlfriend, Violet Vassilatos - with whom he has a 5-year-old child - was being comforted by friends and neighbours last night.

Minibus occupants open fire, injuring 3

Three men are in a serious but stable condition in a Manenberg hospital after they were shot in the legs in Khayelitsha today. Velile Joyi, 55, Peter Mnwana, 54, and Silo Bhaliso, 50, of Khayelitsha were waiting on the Mewway bridge at 5.50am when the occupants of an unidentified minibus opened fire. Grimacing in pain and staring at his bloodied legs, Joyi said: "I heard three loud bangs and felt a burning sensation in my legs. "Mr Mnwana and Mr Bhaliso, who were standing next to me, fell over and screamed for help. "I realised we'd been shot and suddenly I could not stand upright anymore as my legs gave way and I fell to the ground." The ambulance arrived within minutes and took the three men to the GF Jooste Hospital, where they are being treated. Ward Sister Veronica Hlalatu said the men were shocked, but in a satisfactory condition in the trauma unit. Peninsula Taxi Violence Unit investigator, Lionel Cornellison, who visited the three men on Monday, appealed to people who witnessed the shooting to call him on 083 781 2811.