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IOL News
a day ago
- Business
- IOL News
Court orders RAF to honour R1. 4 million payment to undocumented Malawian immigrant injured in car crash
The Western Cape High Court has dismissed an application by the Road Accident Fund (RAF) to rescind a judgment mandating the payment of over R1.4 million to a Malawian man who has been in the country illegally. Image: Pexels The Western Cape High Court has dismissed an application by the Road Accident Fund (RAF) to rescind a judgment mandating a payment of over R1.4 million to an undocumented Malawian man. Charles Jeka Chipofya has been living in the country since 1994 and has been married to a South African woman since 2008. They have two children. Despite his long-term residence, his attempts to obtain citizenship through marriage were thwarted due to evident abuse of the system by some African nationals. The Road Accident Fund found itself at the centre of controversy after Chipofya was involved in a severe car accident in Plettenberg Bay in September 2016. He filed a claim with the RAF, culminating in a proposed settlement of over R1.4 million in November 2022. In January 2023, a draft order was presented to the court on mutual consent between the parties, and RAF was ordered to pay Chipofya over R1.4 million. However, two years later, RAF reneged and wanted the court to rescind the order claiming that when it was made, it was unaware that Chipofya was an illegal immigrant. RAF said that when Chipofya submitted a copy of a passport, it referred to him as Charles Chipeta and not as Charles Jeka Chipofya, and this was suspicious. In response to this suspicion, RAF investigated to ascertain the circumstances surrounding his dual identity and it came to light that Chipofya owns two passports, one naming him as Charles Jeka Chipofya and the other as Charles Chipeta. RAF stated that when Chipofya was confronted about having two passports, he tried to attribute the discrepancy to a data capture error. However, in RAF's view, his explanation was unlikely, as it is improbable that such an error could occur. Subsequent to that, RAF said investigations revealed that one of the passports did not exist at the time of the accident. Additionally, the movement system record revealed that the visa on the other passport expired in December 2012. Moreover, there were no records showing that Chipofya left the country using the old passport or that he entered the country with a new passport after December 2012. In RAF's view, this could imply that Chipofya was either not present in the country on the date of the accident or was potentially in the country illegally. RAF argued that the order was erroneously granted and had the court been made aware that Chipofya was an illegal immigrant, the court would not have granted the order. Furthermore, RAF contended that the Immigration Act prohibits illegal immigrants from being in the country and extending claims of damages to illegal immigrants will create an enormous burden on the State. In response, Chipofya's legal representative argued that RAF had prior knowledge of his nationality and legal status before reaching a settlement agreement. Moreover, it was argued that Chipofya never misrepresented his status in the country and the settlement agreement was not based on the assumed existence of his legal status in the country. Judge James Dumisani Lekhuleni who presided over the matter, sided with Chipofya, and noted RAF had reduced the claim amount specifically because Chipofya was an illegal immigrant at the time of the offer, a fact that had been openly discussed during negotiations. "This conclusion is fortified by the fact that RAF's legal representatives advised Chipofya's attorneys that his claim would be reduced because he was an illegal immigrant. This averment was not disputed by the RAF or RAF's counsel," he said. In addition, he said Chipofya's medical reports and some of his documents, showed that he didn't have a valid visa and despite this, RAF settled his claim and consented to have the draft order endorsed in court. Regarding the different names, the judge said Chipofya provided a plausible explanation regarding the names and when RAF made the offer, it was aware of the discrepancies. Judge Lekhuleni emphasised that RAF is legally bound under the RAF Act to provide compensation for losses arising from road accidents, asserting that the Act does not discriminate based on a claimant's immigration status. "In my opinion, the current legislative framework of the RAF Act does not support the fund's position to exclude illegal immigrants from the application of RAF. "Eligibility for the RAF fund is not contingent upon a person's legal status within this country. An individual's legal standing does not influence their eligibility for RAF benefits. Simply put, it is not the person's immigration status in the country that makes a person legible to the RAF benefits," he said. RAF's application was dismissed. [email protected] IOL News Get your news on the go, click here to join the IOL News WhatsApp channel.
Eyewitness News
2 days ago
- Business
- Eyewitness News
Gauteng govt increases total projected revenue to R172bn in revised budget
JOHANNESBURG - The Gauteng government has revised its budget, increasing its total projected revenue to R172 billion for the current financial the previous fiscal period, the province underspent by R1.8 public outcry, a portion of these unspent funds has been rolled over into the current financial MEC Lebogang Maile re-tabled the budget on Tuesday to reflect these adjustments to the province's annual financial the R1.8 billion unspent in the financial year that ended in March, R1.4 billion came from the provincial equitable share, with the remainder from conditional this amount, R886 million has been returned to the province's budget and reallocated to the relevant province has faced criticism for underspending its budget while service delivery in some areas remains gave himself a proverbial tap on the shoulder for ensuring that the unspent funds were rolled over."These additional resources were made possible through the provincial allocation of unspent funds, but we have also overcollected." The money will be reallocated to six provincial departments.
IOL News
3 days ago
- Business
- IOL News
AngloGold Ashanti agrees to sell Mineração Serra Grande mine to Aura Minerals for R1. 4bn
AngloGold Ashanti has entered into an agreement to sell its Mineração Serra Grande mine (MSG) in Goiás, Brazil, to Aura Minerals. AngloGold Ashanti has entered into an agreement to sell its Mineração Serra Grande mine (MSG) in Goiás, Brazil, to Aura Minerals. The transaction involves the sale of Mineração Serra Grande, which owns MSG, to a Brazilian affiliate of Aura for a cash payment of $76 million (R1.4 billion) at closing, subject to working capital adjustments, and deferred payments equivalent to a 3% net smelter returns royalty on MSG's current Mineral Resource, including Mineral Reserves, paid quarterly in cash. MSG, one of AngloGold Ashanti's smaller and higher-cost operations, has focused recently on stabilising operations, including the near-complete decommissioning of its legacy tailings storage facility. 'This sale sharpens our focus on capital allocation, operating efficiencies, and portfolio optimization,' said AngloGold Ashanti CEO Alberto Calderon. 'We've ensured MSG and its team join a responsible operator in Aura, benefiting all stakeholders.' The transaction excludes certain subsidiaries holding non-mining assets, such as properties, which will remain with AngloGold Ashanti through a pre-closing spin-off. The deal is subject to conditions, including Brazilian anti-trust approval, completion of the tailings facility decommissioning, the subsidiaries' transfer, and no material adverse events. Closing is expected in quarter three 2025. About MSG Located 5km from Crixás in Goiás, MSG comprises three underground mines, an open pit, and a 1.5 million tonnes annual capacity metallurgical plant. As of December 31, 2024, MSG's Mineral Resources include 1.08 million ounces (Moz) (Measured & Indicated) at 3.14 g/t and 1.41 Moz (Inferred) at 3.39 g/t, with Proven & Probable Reserves of 0.37 Moz at 2.72 g/t. In 2024, MSG produced 80 koz of gold (2023: 86 koz). About Aura Aura, incorporated in the British Virgin Islands and listed on the Toronto and Brazil Stock Exchanges, operates five mines across the Americas, including three gold mines in Brazil, a copper-gold-silver mine in Mexico, and a gold mine in Honduras, alongside development projects in Brazil and Guatemala. BUSINESS REPORT
IOL News
4 days ago
- General
- IOL News
One year on: Tongaat community are still picking up the pieces
Saloshna Govender's home was destroyed during the tornado. She is yet to start rebuilding. Image: Sibonelo Ngcobo/Independent Newspapers NEARLY a year after a devastating tornado struck Tongaat, residents share their ongoing struggles to rebuild their homes and lives. On June 3, 2024, the tornado left thousands of residents displaced, 12 people dead and hundreds of homes destroyed. Last week, the POST visited some of the affected areas, where the clean-up and repair of roofs, windows, boundary walls, and other infrastructure is ongoing. Some of the homes were extensively damaged, with only the structures still remaining Several homes were extensively damaged with only some of its structures remaining. Image: Sibonelo Ngcobo/Independent Newspapers Saloshna Govender, 43, of Naidoo Road, said she, her husband and their two children were renting while they tried to rebuild their house. 'It has been a long and incredibly difficult road. The unpredictable weather with the rain, and our work commitments have delayed our progress. Our house has been underpinned, and we are working with a structural engineer. While plans have been drawn up, everything is moving slowly.' Govender said the estimated damage to her property was around R1.4 million. 'To make things worse, looters arrived soon after, stealing what little was left. In addition, the eThekwini Municipality sent a team to assess the damage shortly after the tornado, but nothing ever came from it. While we do have insurance, the process has been frustratingly slow. However, we are grateful to the people who offered emotional support and kindness in the tornado aftermath.' Govender said surviving the tornado was both a miracle and a traumatic experience. 'In the immediate aftermath, I felt an overwhelming sense of relief that my family and I were alive but that relief quickly gave way to shock and grief as we stepped outside and saw the devastation. Everything we had built, collected, and cherished was gone in an instant. It felt like our lives had been stripped bare. 'I struggled with disbelief and sorrow. But I also had a deep sense of gratitude. It's hard to describe what it feels like to lose everything, yet still hold onto what truly matters, each other. In the days that followed, we faced uncertainty, but also discovered a quiet strength that came from surviving together,' she said. Govender added that she missed her home. 'I lived in Naidoo Road for 40 years. It is the place that I grew up and later where we raised our family. Our home was more than just walls and a roof. It was filled with memories, comfort, and security. We are doing our best to restore what was lost. While the road to rebuilding is long, we continue forward with hope and faith.' Ramasamy Pillay outside his home in Rama Road, which he and his wife, Yogie Naidoo, are renovating. Image: Sibonelo Ngcobo/Independent Newspapers Yogie Naidoo, 58, of Rama Road in Sandfields, said the trauma of the tornado remained. 'It still feels like just yesterday that I was about to get carried away into the sky. I remember being pulled by this strong wind, as my roof was blown away and windows were breaking. If my husband did not shield me, I probably would not be alive today.' Naidoo said the damage to her home and belongings was extensive. 'The walls of our garage collapsed, and my car was completely damaged. We also could not live in the house, which led to looting of whatever belongings we had. This included the donations we received such as a wheelbarrow and a gas cylinder.' Naidoo said the estimated damages amounted to about R1m. 'Thankfully, we had insurance which aided us in repairing what we could, such as the roof and windows. But we still had to use funds from our pockets to replace everything that was destroyed inside the home. In addition, we were only able to move back into our home in February.' Prabitha Ramlukan suffered injuries to her face after her bedroom window shattered during the tornado. Her home's roof was also torn off. Image: Nadia Khan Prabitha Ramlukan, 58, of Sandfields Road in Sandfields, said she was still picking up the pieces. She also suffered severe injuries to her forehead and left eye after the tornado hit her home, shattered her bedroom window and tore off her roof. 'I am grateful for the sponsors that helped to replace the roof and windows. It has not been easy trying to rebuild, especially when you don't have the finances. But my son and I are slowly fixing and replacing what we can in our home.' Ramlukan's home now. Image: Sibonelo Ngcobo/Independent Newspapers Ramlukan said she still experienced 'shivers' when there were heavy winds or rains. 'It takes me back to that day when I had to hold onto my headboard so I wouldn't get blown away. I also still feel the pain from my injury.' Some of the damages inside the home of Annie Lahldas after the tornado. Image: Supplied Annie Lahldas, 70, of Breeze Place in Fairbreeze, said she was still trying to rebuild her home. She said the estimated damages to her property was over R1m and she was under-insured. 'I had to prioritise what needed to be repaired first, which was the boundary walls that had collapsed and allowed for theft from my property. I also had to replace the roof, doors and windows for our safety. However, as a pensioner, it is hard to do more. Sadly, I did not receive any other financial assistance, especially from the government, which would help me do more repairs.' Melanie Maistry outside her home which is still being repaired. Image: Sibonelo Ngcobo/Independent Newspapers Melanie Maistry, 46, of Naidoo Road, said repairs to her home were ongoing because she did not have insurance at the time of the disaster. 'This is my family home which I had just spent R80 000 to renovate. We had just moved back into the home when the tornado hit. However, I did not know the home insurance lapsed.' Maistry said there was extensive damage to the roof, door and windows. 'In addition, our driveway gate was damaged. It has been challenging over the past few months as we try to complete the repairs. We have only just finished painting the roof. There is still a lot more work to be done, but it will take time.' Maistry said there was still a need for financial support to be provided to residents. 'Sadly, a year later and many residents have not started rebuilding their lives due to not having had insurance or being underpaid for the damages. They are now forced to rent, some even far away. 'In addition, large sums of money was donated towards the tornado relief efforts. Where are those funds? If there is any money available, then it should be used to help those who are still struggling. It is only fair,' she said.
Eyewitness News
27-05-2025
- Eyewitness News
Almots 16,000 people nabbed for various crimes countrywide, reveals SAPS
JOHANNESBURG - Almost 16,000 people have been arrested for various crimes countrywide in a week. The South African police revealed in a statement that its operations have led to the incarceration of more than 200 rape suspects. The South African Police Service (SAPS) says the highest rates of KwaZulu natal has the highest number of suspects nabbed for rape which is more than a quarter of the total 255. Police spokesperson Amanda van Wyk says they have also managed to stop a drug trafficker. 'Also, on Friday, 23 May 2025, a 39-year-old Brazilian national was arrested at OR Tambo International Airport after arriving from São Paulo. The suspect was in transit to Benin when police intercepted him during a search. Cocaine valued at approximately R1.4 million was found wrapped around his legs.'
