7/23/2019 Tortured and shocked - Prisoners awaiting trial sue police minister_Carolyn Raphaely.pdf

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2 NEWS MONDAY APRIL 15 2013 The Star

ANGELIQUE SERRAO

angelique.serrao@inl.co.za

A MAN whose identity was

stolen has faced a bureaucraticbanking nightmare trying tofix the fallout from the fraud.

Dumisani Gumede wasinformed in 2008 that his iden-tity had been stolen and per-

sonal loans had been taken outat Nedbank using his ID

number.After an investigation, Ned-

bank cleared him of the fraud.

He received a letter to thateffect and was told his namewould be cleared.

A few months later Gumedefound out the property he wasrenting in Fishers Hill,

Ekurhuleni, had been repos-sessed by Absa bank and wasup for auction.

He wanted to bid for thepropertyand applied for a loan,only to discover he had been

blacklisted by Nedbankbecause of the identity theft.

Gumede has spent years try-

ing to fix the error and get ahome loan approved, withoutsuccess.

After numerous meetingswith Nedbank his credit profile

was cleared of the judgmentagainst him.

But as a result of the

process he no longer has acredit profile, making it impos-sible for him to get a loan from

any bank.Gumede said he was told at

a meeting with Nedbank that

he should hire a lawyer to try tosort out the issue.

Meanwhile, two auctions for

the property he was living inwere put on hold to allow himto get a loan.

Through his lawyers, he haddocumented numerous meet-ings with Nedbank. He had

even had a complaint sent tothe banking ombudsman.Despite this, Gumede has still

not been able to sort out themess.

Now, the house has beensold because the sheriff wouldno longer wait.

Gumede said he was told byone banking consultant at Ned-bank that his ID number was

put into their computer systemas a fraudulent one and therewas no way to clear this.

They told me that whenthey type the ID number intotheir computers, it is immedi-

ately rejected, Gumede said.He said this meant it was

impossible for him to be

granted a loan at the bank andwhen he applied to otherbanks, he was rejected because

of his blank credit history.Every time I go to Nedbank

and try to reapply for a loan,they keep on telling me to fill innew application forms and give

them banking statements,Gumede said.

I am promised this will be

fixed and then everything goessilent and I have to go throughthe whole process again.

Gumede said he had beenreferred to numerous consult-ants over the years and every-

one promised him they wouldsort out the situation, withoutresults.

There have been so manybroken promises I have spentR100 000 on lawyers trying to

sort this out.He said he didnt know

where he would live once theproperty in Fishers Hill wastransferred to the new owner.

Nedbank spokesmanThembi Malabi confirmed thatGumede had applied for a home

loan and the property was soldto a third party because hecould not secure one.

Malabi said the bank hadprovided Gumede with a lettersaying he had an adverse list-

ing because of identity theftand he should produce this cor-respondence when applying for

a loan with other banks.Regrettably, the bank is not

in a position to lend to Mr

Gumede at this stage due to hiscredit profile, Malabi said.

CAROLYN RAPHAELY

FOUR Grootvlei awaiting-

trial prison inmates and twoof their co-accused released

on bail last month are suing Min-

ister of Police Nathi Mthethwa fordamages relating to brutalapartheid-era interrogation and

torture tactics allegedly employedby Bloemfonteins OrganisedCrime Unit (OCU).

Charges include being hungupside down in broad daylightfrom a first-floor balcony of the

Bloemfontein Tourist Centre(BTC), electric shock torture, suf-

focation with pepper-spray filledplastic bags, head-bashing,assaults and beatings.

The Wits Justice Project (WJP)is in possession of medical reportsdocumenting injuries caused by

torture and other evidence corrob-orating William Dube, LuckyMametsa, Mzwandile Khani,

David Seleke, Davies Musimekeand Sifiso Celes allegations. Thealleged torture took place after the

mens arrest on armed robbery

and burglary charges in May 2010.Dube describedbeing cuffed to

a chair in an unmarked suite ofthe tourism centre offices, wiresattached to his penis, and shocked.

It was very, very painful. Ieven wet myself They coveredmy head with a plastic bag, filled

it with pepper spray and sealed itwith duct tape.

Dube said he agreed to a confes-

sion while held by two organisedcrime unit members by the anklesin broad daylight o ver a balcony.

Khani said he was assaultedand beaten at his home by OCUmembers when arrested. Two

weeks later he was taken to thecentre for a second round andshocked repeatedly for almost four

hours in front of a woman officer.There were nine or 10 police-

men watching, and kicking me.

One of them opened my legs andkicked me in my private parts. Iwas screaming so lo udly, they

forced a dirty cloth in my mouth.Khanis Grootvlei hospital

records confirm a clot-like sub-

stance in the penile shaft as aresult of being assaulted by policeofficers.

OCUs attempts to elicit a con-

fession from Mametsa allegedlyincluded repeated head-bashing.

After three days in Grootvlei

hospital, he said, I was sneez-ing blood with green stuff withrotten things in it. Pieces of bone

were coming out of my nose.After being told by Grootvleis

doctor there was nothing wrong

with him, dentist Dr Tapan Sew-barun diagnosed a broken zygo-matic bone and head fracture. He

referred Mametsa to Pelonomi Hos-pital where, Mametsa said, a scanand X-ray showed a head fracture.

After these records disappeared,Mametsa was again told there wasnothing wrong with him.

Dube, Khani and Mametsa laid

charges against the OCU and War-rant Officer Jan Basson at Bloem-spruit Police Station in May 2010.

The case was transferred to Kag-isanong but therehave been no fur-

ther develop-ments.

Seleke said he

was shocked withsomething like a cow-prod that theboere use for animals when

arrested at his house. Thoughcameras recorded the assaults, hesaid the monitor and footage were

confiscated by police.After laying assault chargesagainst Basson at Park Road

Police Station, Seleke lodged a

complaint with the IndependentComplaints Directorate (ICD), nowIndependent Police Investigative

Directorate.He was told his

statement had dis-

appeared; only anempty policedocket remained.

Months later,Seleke was assaulted by Basson inGrootvleis reception area in front

of his co-accused and DCS offi-cials. A probe was done but theoutcome is unknown.

Musimeke and Cele said theysuffered similarly at the centre.Mthethwas spokesman Zweli

Mnisi referred the WJP to Free

Sate Provincial Head: CorporateCommunication Brigadier BillyJones for comment. We are aware

that such allegations are beinginvestigated by the IndependentPolice Investigative Directorate.

Their office is the mandated entitythat would be in a position to pro-vide you with comment on their

investigations. I cannot commentas the investigations are independ-ent from the SAPS.

This office can only confirmthat the mentioned accused whoare making these allegations are

currently facing serious charges,namely two of armed robbery andone of burglary at business prem-

ises. The accused were arrested inthe act at the business premise

where the burglary took place.The trial involving these accusedare (sic) continuing in court on

Monday.The crimes are alleged to have

taken place between April and

May 2010.

Raphaely is a member of the WitsJustice Project that investigates mis-

carriages of justice, located in Witsjournalism department. The WJP isin possession of the names of other

members of the Organised CrimeUnit implicated in these allegations.See Page 13

Tortured and shocked: Prisonersawaiting trial sue police minister Suspended from balcony Electric wires attached to penis Pepper sprayed Suffocated

CLEMENT MANYATHELA

SCORES of placard-waving domestic workers

and their supporters from around Gautengchanted and marched in front of the Departmentof Labour in Pretoria on Saturday, calling for

decent work.The workers, some in aprons and maids uni-

forms, were pushing for the government to ratify

the International Labour Organisation Conven-tion No 189 for domestic workers. The convention,adopted by the organisation in June 2011, lays

down basic rights and principles, and requiresstates to take a series of measures with a view tomaking decent work a reality for domestic work-

ers.But the government has not for mally made a

commitment to implement all the obligationsstipulated in the convention.

In accepting the memorandum presented by

the workers, the Department of Labours chiefdirector of labour relations, ThembinkosiMkalipi, said the convention had already been

approved by the cabinet and debated and voted onby the National Assembly.

The matter is now with the National Council

of Provinces and we dont know when they willbe done, seeing that Parliament is in recess,Mkalipi said.

Some of the issues stipulated include unfairdismissal, rape by employers, a living wage ofR3 000 to R4000 a month, health and safety and

retirement or provident funds.

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Read these stories, and more, intodays edition: NEWS: Public Protector to beasked to probe non-availability ofpresidential handbook Revisiting Makhandas escapefrom Robben Island VERVE: Five ways to think moreclearly SPORT: NFD promotion fightsimmers

AFRICA EDITION

The Star subscribes to the South African Press Code that prescribes newsthat is truthful,accurate,fair and balanced.If we dont live up to the Code,please contact the Press Ombudsman at 011 484 3612/8,fax:0114843619Website:www.presscouncil.org.za

Mpofu out of hospitalLAWYER Dali Mpofu was released from hospitalyesterday after receiving treatment for woundssuffered when he was stabbed and robbed. I havebeen released and I am fine, said Mpofu. Mpofu,who is representing miners involved in last years police

shootings in Marikana, North West, was attackedwhile walking on a beach in East London on Thursday. Sapa

Traffic offenders arrestedAT LEAST 18 motorists have been arrested forallegedly speeding and drunk driving, the Joburgmetro police said yesterday.Five were caught forspeeding and two for drunken-driving offences alongChris Hani Road in Soweto on Saturday night, saidspokesman Chief Superintendent Wayne Minnaar. Sapa

Man held for fatal shootingA 23-YEAR-OLD man has been arrested for the fatalshooting of another man in Dutywa, nearButterworth, Eastern Cape police said yesterday.Captain Jackson Manatha said Nceba Mntumni waskilled at Sheshegu Location, Dutywa, on Saturday. Hisalleged killer was arrested later that day. The motivefor the killing was unknown. Sapa

Hawks raid municipal officesTHE HAWKShave seized computers and cellphonesowned by the Cederberg municipality in the WesternCape as part of their investigations into corruption,

police said yesterday. Yes we conducted a search-and-seizure operation on Friday,as part of aninvestigation into the municipality in Clanwilliam,said spokesman Captain Paul Ramaloko. Sapa

Arrest made in Gasa murderA 25-YEAR-OLD man suspected of murdering Durbanbusinessman Nhlanhla Gasa was arrested in Groutville,on the KwaZulu-Natal north coast, on Saturday, policesaid. Police followed up leads and they were led to aparticular house that the man was believed to berenting, Lieutenant-Colonel Vincent Mdunge said.Gasas body was found floating in the Tugela Riverfour weeks ago. Sapa

Kimberley smash claims twoTWO PEOPLE died and four were injured when twocars collided just outside Kimberley yesterday, saidparamedics. The head-on collision took place on theR31 about 15km outside Kimberley. A 25-year-old wascritically injured and another woman, aged 50, was ina serious condition, said Netcare 911 spokeswomanSanti Steinmann. Sapa

Author Magubane, 83, diesACADEMIC, author and anti-apartheid activist

Professor Bernard Magubane died at the age of 83 onFriday night, his family said yesterday. Magubane, 83,who spent a large part of his life living outside SouthAfrica, was born in Estcourt and studied at theUniversity of KwaZulu-Natal, before earning a PhD inanthropology from the University of California. Besidespublishing articles and books, Magubane was an ANCactivist who, at one stage, lived with former ANCpresident Oliver Tambo. Kevin Lancaster and Sapa

90% of police havedriving licencesLOUISE FLANAGAN

louise.flanagan@inl.co.za

GAUTENG police have redone the maths,

finding that more than 90percent of officershave driving licences.

Provincial police spokesman Brigadier

Neville Malila said 91.47percent hada validdriving licence.

This followed reports a week ago, based

on Community Safety MEC Faith Maz-ibukos reply in the provincial legislature to

questions from the DA, that fewer than40 percent of operational police officers hadlicences.

Malila said that at March 15, 30 163 of the32 977 operational members in Gauteng hada licence. This had been clarified in a meet-

ing with Mazibuko, he said.The question from the legislature

requested the number of officials with a

valid drivers licence, said Malila.The discrepancy might have been cre-

ated as a result of temporary licences and

expired and renewed licences which werenot captured and classified as valid driverslicences as requested as per legislature ques-

tion.

Domestic workersmarch for rights

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SHOCKER: Awaiting-trial prisoners are suing the police minister for alleged brutality including shocks and head-bashing.

EXCLUSIVE

Rian Ramdin, whom police arrest at a club inBoksburg, is shot and killed after he jumped out ofthe police vehicle and ran away.Police claim Ramdinignored warning shots,but Joburg Sergeant RaymondLe Roux is arrested and found guilty of culpablehomicide last month.

The Marikana miners strike is the deadliestshow of lethal force by police since the end ofapartheid.Thirty-four strikers are killed whenpolice fire on them while trying to control a groupof men gathered on a hill.

Taxi driver Mido Macia is filmed being handcuffedto a police van and dragged along the street. He isfound dead in custody hours later.Nine police officer sare suspended and charged.

FEBRUARY 26, 2013

AUGUST 16, 2012

FEBRUARY 16, 2013

TIMELINE

Andries Tatane diesduring a service deliv-ery protest in Ficksburgafter police shoot himwith rubber bullets.Video footage of theincident shows himwith a bloody torso,stumbling weaklybefore a group ofarmed officers.Se ven police officers chargedwith his murder were acquitted last month.

APRIL 13, 2011

A cop grabs a court interpreter in Setlopo Village,Mafikeng, by the neck and drag him alongside apolice vehicle after the interpreter gave a boy adviceon how to deal with police brutality. The victimsuffers injuries to his feet and the accused officer isarrested.

MARCH 7, 2013

IN CRISIS: In 2008DumisaneGumede wasinformed hisidentity had beenstolen. Despitehis effortsNedbank has notfixed theproblem. Nowhes lost thechance to buy ahome becausethe banks refuseto grant him aloan.

PICTURE:MATTHEWS BALOYI

Identity theftplunges man intobanking nightmare

Constable Lawrence Motsaathebe is accused ofshooting and wounding a woman outside her house.According to the victim, Motsaathebe pulled up to herwhile she was chatting with a friend, ordered her toget into his car and shot her in the stomach when sherefused.The cop faces a charge of attempted murder.

MARCH 17, 2013