Latest news with #Wessels
The Citizen
14-05-2025
- The Citizen
Bail application for Shute shooter continues
The bail application hearing for Martin Wessels entered its third day at the Ladysmith Magistrate's Court today (May 14). State prosecutor Ms Khumalo made a surprise application for the magistrate to recuse herself from the case, claiming bias. Khumalo argued that Wessels was being treated like a privileged accused, as he was allowed to testify in both English and Afrikaans. She also raised concerns about the affidavit presented by defence attorney Justin Heunis, stating that he had translated it himself into English. Heunis countered that the affidavit had indeed been translated into English and handed to the prosecutor, and that the translation was for her own benefit. Heunis further argued that the magistrate had not yet made any decisions that would indicate bias, and therefore there were no grounds for recusal. After hearing arguments from both sides, the magistrate refused the application for recusal, allowing the case to proceed. With the recusal application dismissed, the court heard testimony from investigating officer Mr Mabaso. He provided background information on the deceased, Anton Lombard, describing him as a father of two young children, aged 11 and 13, whom he supported despite not living with their mother. Lombard was employed as a manager at Sentracor. Mabaso then outlined the state's reasons for opposing bail, citing four key concerns. He argued that Wessels was a flight risk, that his life would be at risk if he were released into the public, and that the public would also be at risk. Additionally, Mabaso claimed that Wessels might interfere with witnesses and that his history showed a disregard for the law. Also read: Shute shooter to remain in police custody Also read: Shute shooter appears in Ladysmith Magistrate's Court today The bail application hearing will continue tomorrow, with the court expected to hear further arguments from both the defence and the state. Wessels remains in custody. Please follow us on our YouTube channel and do not be shy; please subscribe and comment as well. Click to receive news links via WhatsApp. Or for the latest news, visit our webpage or follow us on Facebook and Twitter. Join us there! At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
Daily Maverick
08-05-2025
- Daily Maverick
Stellenbosch renter exploits legal system: A cautionary tale for landlords in South Africa
The Western Cape Division of the High Court and the Stellenbosch Regional Court have ordered a wayward Stellenbosch tenant to pay overdue rent to the value of almost R1-million to two landlords. Although his possessions were to be auctioned to pay off the debt, the landlords have yet to see the money owed to them. South Africa's rental housing landscape is at a crossroads. The country's legal framework — anchored by the Rental Housing Act — was crafted to shield vulnerable tenants from exploitation and arbitrary eviction, a constitutional imperative in a society still grappling with deep inequalities. Yet, as property owners in Stellenbosch and beyond are discovering, the pendulum may have swung too far, exposing landlords to a new set of risks. The rent-avoidance kingpin The case of Kevin Brown has become a cautionary tale in Stellenbosch following several rulings in the Stellenbosch Regional Court and the Western Cape Division of the High Court. Brown has reportedly exploited legal loopholes, moving from house to house, making only minimal rental payments and staying months and, in at least one case, several years without much consequence. A tenant from hell Pieter Wessels, one of four trustees of the PD Wessels Trust, which owns a Stellenbosch property, told Daily Maverick of the harrowing experience which saw his family home commandeered by Brown, far beyond the parameters of the agreed short-term lease. Brown initially responded to a Property24 listing for a six-week rental (19 July 2024 to 31 August 2024). Brown was unable to pay the full rent (R50,000 a month) up front and was only able to move in on 20 July once he had made payment. Since he only occupied the property for 13 days in July, his rent for that month was prorated to R20,967. Brown moved in with his four children after the rent was paid — albeit by a third party, which Wessels later clocked as an 'early red flag'. Brown later sought to extend the lease until November. Wessels agreed — but only if Brown paid R150,000 up front by August 2024 to cover September, October, and November. He didn't pay, so the lease ended on 31 August. Despite this, Brown continued to occupy the property without permission. Wessels stated that Brown used the Prevention of Illegal Eviction from an Unlawful Occupation of Land Act (PIE Act) to delay eviction proceedings, a tactic Wessels claims Brown has employed with other landlords. 'Kevin managed to stay in our property for seven-and-a-half months, paying for only two months,' Wessels said, detailing a financial haemorrhage compounded by cancelled bookings and court costs. The court found Brown had been unlawfully occupying the property, and ordered that he be evicted with effect from 28 February 2025. In the interim period between November and 28 February, the landlords (Wessels and other trustees) were ordered to return the Wi-Fi router and other items that they had removed from the property. The items, which had been included as part of the rental lease, had been confiscated by Wessels in frustration after Brown defaulted on rent payments. Brown was ordered to immediately pay R50,000 in rent once this was done. Brown was also ordered to cover 50% of the applicants' legal costs, rising to 100% if he breached the order. According to South African law, landlords cannot simply change locks or forcibly remove tenants; any eviction must go through a formal process, with proper notice and, if necessary, tribunal or court intervention. This process, while vital for protecting the truly vulnerable, can be weaponised by bad-faith actors, leaving landlords with mounting losses and little immediate recourse. However, this case was far from isolated. 'I wasn't the first one to get caught by Kevin,' Wessels emphasised, a claim corroborated by Daily Maverick's investigation. 'Man about town' façade Contact with Brown's previous landlord reveals a recurring pattern of occupation and legal evasion. Linda Schaefer, the owner of another Stellenbosch property Brown occupied shortly before moving to Wessels' property, described a four-year ordeal marked by similar tactics. Schaefer rented her property to Brown from 2020 to 2024 for R40,000 a month, during which he paid on time just nine times in 44 months. 'Most payments were late — a week, a month, even six weeks,' she told Daily Maverick. She took legal action against him three times, which eventually culminated in a 2024 eviction. She described Brown's modus operandi: leveraging delays in court processes while maintaining a façade of affluence. 'If you see him walking down the street in Stellenbosch Central… very well dressed in expensive label brand clothing, and he's the man about town,' Schaefer said. She said that when she confronted him, Brown dismissed her concerns, saying: 'What's your problem? You live in a house worth millions and drive a fancy car; why are you crying that I don't pay rent?' However, the financial fallout extended well beyond unpaid rent. As months of late or missed payments accumulated, another crisis quietly mounted: municipal service bills. Despite lease agreements making Brown responsible for utilities, the municipality couldn't transfer the account into the tenant's name because the property belonged to Schaefer. This meant that when Brown failed to pay for water, electricity, and rates, the arrears accrued in Shaefer's name. 'My good credit record was on the line, so I had to go see the municipality's legal department,' she told Daily Maverick. Desperate to force Brown's hand, she eventually stopped paying municipal bills altogether. Her hope was that by blocking the property's electricity meter — preventing Brown from buying prepaid power — he would be compelled to settle the outstanding amounts. Yet, even these extreme measures failed to yield results. Disappointed in the system, Schaefer complained that 'the law is not on the side of property owners'. According to Schaefer, Brown was recommended by the Anna Basson rental agency in Stellenbosch, and she expressed disappointment with the company for failing to conduct a proper background check. Deon Carstens, the managing director at Anna Basson Properties, said they conducted a Tenant Profile Network (TPN) credit check, and Brown's father had signed a suretyship (a guarantee where one party takes on the debt or obligations of another if they default) for the 2020 to 2021 lease. 'Self-employment carries risk, but we mitigated this with a guarantor (Brown's father),' said Carstens. Brown's employment details are unconfirmed — court documents list him as a business owner/landscaper. The suretyship covered defaults during the lease term, though Carstens acknowledged Brown's father only stepped in 'on one or two occasions'. Management of the lease was later transferred to Schaefer at her request. Carstens added that he was unaware of Brown's history pre-lease, but noted 'social media posts' about the case. Brown's rebuttal In response to Daily Maverick queries, Brown said he was offered a rental for the PD Wessels' trust property until 30 November, with emails confirming the arrangement. Brown attributes the conflict, besides the non-payment of rent, to Wessels' removal of items listed in the Property24 advert — including furniture, Wi-Fi routers, and pool equipment — which he says breached a court order requiring their return before Brown paid the outstanding rent. 'His lawyers' fees are self-inflicted,' Brown said, adding that he reported Wessels' attorneys to the Legal Practice Council for 'improper conduct'. 'The bottom line is (Wessels) was just being greedy as he refused to simply let me pay a monthly rental… his implication that I was trying to take advantage of the Prevention of Illegal Eviction (PIE) Act is completely unfounded,' Brown said. System manipulation While Brown maintains his innocence, his version directly conflicts with multiple accounts from landlords and personal associates. Sarah Schneider, Brown's ex-wife of 16 years, told Daily Maverick she witnessed Brown repeatedly fail to pay rent, as well as their children's school fees. She described patterns of abusive behaviour that, according to her, were consistent with the disputes Brown had with landlords, including unpaid financial obligations, disregard for court orders and withholding her belongings after taking them without permission. Landlords' frustration mounts Brown exemplifies the concerns raised by Wessels and Schaefer about the imbalance between tenant and landlord rights. Property owners argue that the current system, while well intentioned, is out of step with on-the-ground realities. They face: Lengthy delays in regaining possession of their properties. Legal costs that often outweigh the arrears owed. Difficulty screening tenants due to privacy protections and limited access to reliable rental histories. What this means for you For landlords, the case is a stark reminder that tenant screening should be less 'trust fall' and more 'CSI: credit check'. Verify financial stability as if your property depends on it (because it does), and draft lease agreements tighter than a Stellenbosch wine cork. Otherwise, South Africa's tenant protections might just turn your guest suite into a semi-permanent Airbnb — minus the five-star reviews. For tenants, the message is clear: the law is your safety net, not a trampoline. Bouncing on its goodwill risks turning your landlord into a reluctant long-term roommate. Play fair, pay promptly, and remember: the best tenant-landlord relationships end with keys returned, rather than court orders. Guidance for landlords and tenants Against this backdrop, the Western Cape Department of Infrastructure's responses to questions posed to the Rental Housing Tribunal offer critical guidance for landlords and tenants navigating South Africa's fraught rental market: Prevention: Landlords are urged to use rental screening agencies such as the TPN to verify a tenant's rental history, payment behaviour, and references before signing a lease. Comprehensive screening helps identify red flags — such as fraudulent references or payment defaults — and acts as a frontline defence against scams. PIE Act: The tribunal combats systemic misuse of the Rental Housing Act through proactive enforcement of court rulings, targeted education campaigns, and a streamlined complaints system. 'Unfair practices' — including unlawful evictions, illegal lockouts, and utility disconnections — are strictly defined and enforced to protect both landlords and legitimate tenants. Dispute resolution: Mediation remains central to the tribunal's process, with cases resolved through hearings or virtual sessions after investigations. Where mediation fails, rulings are issued and enforced as court orders, providing a legally binding resolution pathway without prohibitive costs. Balancing rights: The Rental Housing Act 50 of 1999 underpins the tribunal's mandate to balance landlord and tenant rights, ensuring fair access to housing while safeguarding income streams. Services are free, accessible, and designed to resolve most disputes within 90 days — a critical safeguard in a market increasingly strained by fraud and legal exploitation. DM
The Citizen
08-05-2025
- The Citizen
Language hiccup at bail application for Shute shooter
Ladysmith KZN: A sombre Martin Wessels, the 43-year-old man accused of shooting Anton Lombard, sat in a packed courtroom today (May 8) as witness statements were read out in his formal bail application. Wessels has been in police custody since the shooting on April 16, having made his first court appearance on April 17. Court proceedings were halted early on, after the prosecution objected to the case being heard in Afrikaans. The case resumed after a short delay and the main proceedings continued in English, with some witness affidavits and Martin Wessels' evidence still being presented in Afrikaans. A translator was made available to translate the evidence into English. Also read: Shute shooter appears in Ladysmith court today The court case carried on throughout the day, with video evidence being presented by the defence showing the timeline of events that took place on the evening of the shooting. The crux of the evidence presented by the defence was that Lombard attacked Wessels in the parking lot. Wessels believed that Lombard was armed with a knife and intended to kill him. In the scuffle that ensued out in the parking area, Wessels claimed his gun accidentally went off. The bail application was adjourned until tomorrow (May 9), when it will continue. Please follow us on our YouTube channel and do not be shy; please subscribe and comment as well. Click to receive news links via WhatsApp. Or for the latest news, visit our webpage or follow us on Facebook and Twitter. Join us there! At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Citizen
08-05-2025
- Sport
- The Citizen
‘Jan-Hendrik Wessels must be Springboks' next hooker'
He's big and physical, like Bismarck du Plessis and Malcolm Marx, said former national team scrum coach Matthew Proudfoot. Is Jan-Hendrik Wessels South African rugby's next great hooker? According to former Springbok scrum coach and Scotland prop Matt Proudfoot, the 23-year-old utility front-row man from the Bulls should be groomed to wear the Springbok No 2 jumper in future. Wessels has long been considered something of a rugby prodigy, mainly because of his size and speed, and the fact he can play prop and hooker, and Proudfoot says he's the man to take over from Bongi Mbonambi and Malcolm Marx when the two Springbok double World Cup winners eventually call it quits. Mbonambi is already 34 while Marx is 30. At the last World Cup in France, the Springboks backed flanker Deon Fourie as their third-choice hooker, with Marco van Staden, also a flanker, as a backup. Other players to have been given a go at hooker at international level in recent times include Johan Grobbelaar, Joseph Dweba and Andre-Hugo Venter. 'Big and physical' Wessels, too, won a first Springbok cap last season and while comfortable in the No 1 jersey, Proudfoot says the Bulls man's future is at hooker. 'I've been asked before, and I'd play him at hooker,' Proudfoot, who's worked with the Boks and England forwards in recent times, told SportsBoom. 'If you look at Bismarck du Plessis and Malcolm Marx, South Africa's always done well with big, physical hookers. 'With Bongi Mbonambi nearing retirement, no one is really putting up their hand yet. We have enough good props. I'd prepare Wessels as a hooker.' Also able to play loosehead prop The Bulls man delivered arguably the best performance of his senior career recently when he helped his team beat Glasgow Warriors at Scotstoun in a URC match at the end of April. Afterwards teammates referred to him as a new Os du Randt, the former Springbok World Cup-winning loosehead prop from 1995 and 2007. Bulls boss Jake White also said: 'I don't want to single out any player but he epitomised for me how we can do back-to-back efforts because that is what he did today and his back-to-back efforts were outstanding.' The good news is Wessels is equally happy at loosehead prop and with Steven Kitshoff being forced into retirement because of injury, the Boks will be looking for new No 1s to back up the likes of Ox Nche and Gerhard Steenekamp. The Bulls are back in action in the URC this weekend, with Cardiff visiting Loftus on Saturday at 4pm.
The South African
26-04-2025
- Sport
- The South African
Rising Springbok star nicknamed Os du Randt
Powerhouse Bulls front rower Jan-Hendrik Wessels is certainly not unfamiliar to the Springbok set up, having already featured in three Tests last year, but every sign now points towards many more internationals ahead. The powerful prop – who can also play hooker – recently caught the eye once again as the Bulls claimed a comfortable win over Bayonne to progress to the Challenge Cup last eight, while on Friday night he delivered a stunning Man of the Match performance against Glasgow in the URC. Weighing in at around 120kg, while standing over 1.90m tall, Wessels continues to make a massive impression with his mobility and work rate. Following the retirement of Steven Kitshoff, there may be some sense in Wessels beginning to focus more on the loosehead position, but then the Springbok coaches may also see great value in his potential to serve as a successor to Bongi Mbonambi and Malcolm Marx. Either way, there is every indication that the Springboks will be able to deploy a weapon of mass destruction in Wessels, who is a breakthrough star on the rise. 'He's just been nicknamed Os du Randt,' Bulls Jake White said at the post-match press conference, referencing Wessels' similarities to the legendary former two-time World Cup winner. 'I don't know what the reason is but it's reminiscent of the days when I was lucky enough to coach Os. 'Jan-Hendrik was a lock at school and then a prop at school, then he was a hooker and then he adapted to become a prop again. It just makes our squad so much stronger. He epitomised our back-to-back efforts [against Munster and Glasgow] because his back-to-back efforts were outstanding.' TBC: vs Barbarians, TBC, TBC5 July: vs Italy, Loftus Versfeld, Pretoria12 July: vs Italy, Nelson Mandela Bay Stadium, Gqeberha19 July: vs Georgia, Mbombela Stadium, Nelspruit16 August: vs Australia, Ellis Park, Johannesburg23 August: vs Australia, DHL Stadium, Cape Town6 September: vs New Zealand, Auckland13 September: vs New Zealand, Wellington27 September: vs Argentina, Kings Park, Durban4 October: vs Argentina, London1 November: vs Wales, Cardiff8 November: vs France, Paris15 November: vs Italy, Turin22 November: vs Ireland, Dublin *SA Rugby are working on adding two more Tests for the Springboks, likely to be against Japan and Portugal
