• Each year we pay tribute to the heroes in blue who have paid the highest price. This year was no exception. We tell you a short story about each of these latest heroes – refer to our article published from p 32 in the October 2017 issue of Servamus.

    Each year we pay tribute to the heroes in blue who have paid the highest price. This year was no exception. We tell you a short story about each of these latest heroes – refer to our article published from p 32 in the October 2017 issue of Servamus.

  • The weather has caused havoc in large parts of the world in recent times – resulting a huge loss of lives. Ever thought about how you would react during a disaster? Read our article published from p 14 in the October 2017 issue of Servamus.

    The weather has caused havoc in large parts of the world in recent times – resulting a huge loss of lives. Ever thought about how you would react during a disaster? Read our article published from p 14 in the October 2017 issue of Servamus.

  • When a disaster strikes, the affected community is dependent on men and women who are willing to leave everything at home to search for survivors and treat the injured. Such are the men and women from Rescue SA – we tell you more about these heroes in our article published from p 22 in the October 2017 issue of Servamus.

    When a disaster strikes, the affected community is dependent on men and women who are willing to leave everything at home to search for survivors and treat the injured. Such are the men and women from Rescue SA – we tell you more about these heroes in our article published from p 22 in the October 2017 issue of Servamus.

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Sisonke Macakathi v Minister of Police unreported case No 1352/2012 dated 7 October 2015 (ECG)

Mr Macakathi (the plaintiff [Afrikaans: “eiser”]) was a taxi driver in the vicinity of Grahamstown in the Eastern Cape Province. The taxi he used belonged to his employer, Mr Khanya.

On 15 December 2009, Macakathi was stopped on the N2 by Inspector Richard van der Merwe, an employee of the provincial transport department. Van der Merwe found that the licence disc on the taxi was false in that it was not an original disc and that it reflected a false expiry date, to obscure the fact that it had in fact expired. Van der Merwe then arrested Macakathi without a warrant on a charge of fraud and summoned the SAPS. Macakathi told Van der Merwe that the taxi belonged to Khanya and that he (Macakathi) had never licensed the taxi and that he never had sight of the licence documents.

Const Bongisani Mhlaba arrived at the scene whereupon Macakathi was taken to the police station. The police checked the taxi and found that it was not a stolen vehicle and that it belonged to Khanya. On 17 December 2009, Macakathi appeared before the Grahamstown magistrates’ court whereupon he was remanded in custody to 23 December 2009 for a bail application. On the latter date, Macakathi was released on R500 bail, whereafter the matter was postponed from time to time until the charge was eventually withdrawn.

Not satisfied with this state of affairs, Macakathi instituted a civil action before the High Court in Grahamstown against the Minister of Police for damages arising from this alleged unlawful arrest and detention. Bear in mind that Const Mhlaba maintained that he, and not Van der Merwe, had arrested Macakathi. According to paragraph [9] of the court's judgment, it accepted that Mhlaba had in fact, formally arrested Macakathi without a warrant.

In court, Const Mhlaba conceded that there was a possibility that someone other than Macakathi had committed the fraud. According to Mhlaba, he did not act on that possibility because Macakathi lived far away and it would not be easy to make contact with the owner of the taxi, namely Mr Khanya.

In considering the matter before it, the court, as usual, referred to previous, similar court decisions for possible guidance. In this regard the court, inter alia, referred to Minister of Safety and Security v Tyokwana 2015 (1) SACR 597 (SCA) (see Pollex in Servamus: December 2015), and Woji v Minister of Police 2015 (1) SACR 409 (SCA) (see Pollex in Servamus: June 2015).

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[This is only an extract of an article that was published in Pollex in the April 2017 issue of Servamus. Please contact our offices at tel: (012) 345 4622/60 or send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. to enquiry how to obtain the rest of the article.]

 

Servamus - October 2017

Whenever a disaster strikes, such as the fires that resulted in massive destruction in Knysna during June 2017, an earthquake in Italy or a tsunami in Japan, thousands of people need help.
By Kotie Geldenhuys
June 2017: Knysna and its surrounding areas - devastating fires. August 2017: Houston, Texas - extreme floods.
By Annalise Kempen
On 11 March 2011 at 14:46, an 8.9-magnitude earthquake, so powerful that it shifted the earth on its axis by 10 cm, struck Japan.
By Kotie Geldenhuys
"In many countries, climate change is magnifying risks and increasing the cost of disasters, a trend seen in South Africa given the current drought, the severe weather events and flooding experienced each year."
By Kotie Geldenhuys

Pollex - October 2017

There are two recent reported cases regarding all the dos and the don'ts regarding extradition (Afrikaans: "uitlewering").
Read More - S V Sebofi 2015 (2) SACR 179 (GJ)
Mr Sebofi (the accused) was convicted on two counts of rape by the regional court in Roodepoort (the trial court), and sentenced to life incarceration.
Read More - Chala and Others v Director of Public Prosecutions (DPP), KwaZulu-Natal and Another 2015 (2) SACR 283 (KZP)
The proviso (Afrikaans: “voorbehoud”) to section 93ter(1) of the Magistrates’ Court Act 32 of 1944 provides as follows:
Read More - S V Tladi and Others 2016 (1) SACR 424 (GP)
The three accused persons in this case were each convicted in the regional court (“the trial court”) on one count of kidnapping and one count of rape.
Read More - S V Masoka and Another 2015 (2) SACR 268 (ECP)
Two accused persons were standing trial before the magistrates’ court in Humansdorp in the Eastern Cape on a charge of robbery.

Letters - October 2017

Hierdie jaar het vir ons twee broers met baie nuwe uitdagings begin. Ons het in Januarie ons 50ste verjaarsdag in Namibië gaan vier en as ons gedink het dat dit die hoogtepunt was, lê daar toe ‘n baie groter uitdaging op ons pad.
Between 14 and 18 August 2017, members of Westville SAPS competed in the KZN Rock and Surf angling competition held near the Wild Coast bridge, Port Edward.
It saddens me that every year South African Police Service members continue to succumb to the brutal onslaught on their lives.
October 2017 Magazine Cover

Servamus' Mission

Servamus is a community-based safety and security magazine for both members of the community as well as safety and security practitioners with the aim of increasing knowledge and sharing information, dedicated to improving their expertise, professionalism and service delivery standards. It promotes sound crime management practices, freedom of speech, education, training, information sharing and a networking platform.