• Although our paths regularly cross with those of homeless people, we seldom think about them as potential vulnerable victims of serious crime. Read more about the in-depth article about how they are affected from p 44 in Servamus: February 2018.

    Although our paths regularly cross with those of homeless people, we seldom think about them as potential vulnerable victims of serious crime. Read more about the in-depth article about how they are affected from p 44 in Servamus: February 2018.

  • Ever thought about the fact that those who are falsely accused of crime are also victims? We explore the impact of these false allegations on these victims and look at the trauma of serving time when you are innocent in an article published from p 28 in Servamus: February 2018.

    Ever thought about the fact that those who are falsely accused of crime are also victims? We explore the impact of these false allegations on these victims and look at the trauma of serving time when you are innocent in an article published from p 28 in Servamus: February 2018.

  • Members of Flying Squads often arrive first at crime scenes to confront dangerous criminals. This month we pay tribute to the hardworking heroes of the Johannesburg Flying Squad and introduce their commander. Refer to the article from p 50 in Servamus: February 2018.

    Members of Flying Squads often arrive first at crime scenes to confront dangerous criminals. This month we pay tribute to the hardworking heroes of the Johannesburg Flying Squad and introduce their commander. Refer to the article from p 50 in Servamus: February 2018.

  • Many victims of crime choose not to report the incident to the police. We explore the reasons why; find out whether it is a situation unique to South Africa and look at the consequence of non-reporting of crime in an article published from p 10 in Servamus: February 2018.

    Many victims of crime choose not to report the incident to the police. We explore the reasons why; find out whether it is a situation unique to South Africa and look at the consequence of non-reporting of crime in an article published from p 10 in Servamus: February 2018.

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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 - February 2018

In high profile cases such as that of the Modimolle monster or Oscar Pistorius, the public heard, through the media, what impact the violent crime had on the victim and their families.
By Kotie Geldenhuys
People sleeping on sheets of cardboard under dirty old blankets on pavements or on dark park benches are a familiar sight when driving through the suburbs late at night.
By Kotie Geldenhuys
“You were wearing a low cut, short mini dress, what did you expect?” Those are often the first words a rape victim hears when she tells someone from whom she trusted to get support, after she was raped by a friend at a party.
By Kotie Geldenhuys
If you have been the victim of a property-related crime such as a housebreaking, stay in an urban area or have relatively easy access to a police station, chances are very good that you will report it to the police.
By Annalise Kempen

Pollex - February 2018

Read More - Solidarity [Trade Union] [on behalf of Sgt Armand] Gerber v SAPS and Others (C381/17) [2017] ZALCCT 36 (11 August 2017)*
This is a judgment of the Cape Town Labour Court which began when Sgt Gerber approached the court. Sgt Gerber suffers from post-traumatic stress disorder (PTSD) as a result of a traumatic event in the course of his duty as a member of the SAPS.
Towards the end of 2017, various news agencies reported a story about a female university student from the Eastern Cape who mistakenly received a payment of R14 million instead of R1400 from the National Student Financial Aid Scheme (NSFAS).
Read More - S V Byleveld 2017 (1) SACR 218 (NWM)
“252A. Authority to make use of traps and undercover operations and admissibility of evidence so obtained
Read More - S V Masoanganye and Others 2015 (2) SACR 577 (NWM)
Five accused persons were convicted and sentenced by a single judge before the High Court in Mahikeng in the North West Province on charges of theft, all in respect of amounts stolen from the Guardian Fund (Afrikaans: “Voogdyfonds”).
Read More - S V Ramoba 2017 (2) SACR353 (SCA)
The accused, who was 33 years of age at the time of sentencing before the regional court in Tzaneen in Limpopo, was convicted on 12 very serious charges whereupon he and his co-accused, were each sentenced to an effective term of 52 years’ incarceration.
These Regulations appear as Government Notice No R 1138, in Government Gazette No 41203 dated 27 October 2017 (“the ‘new’ Regulations”).

Letters - February 2018

A former police member, Lt-Col Mathews Leballo, has since his retirement not forsaken the needs of vulnerable groups.
The management and staff of Evaton SAPS got to celebrate Christmas on 20 December 2017 with Christmas Carols. The event was blessed by the Provincial Head Office Chaplain Rev Mudau.
A lot of crimes have been committed in 2017 and previously and some of these offenders are regretful of committing criminal acts.
Brig N G (Natty) Govender enlisted into the South African Police with the intention of becoming a motor technician.
According to an article published in the Sunday Times at the end of 2017, the SAPS has splashed out on what are believed the most expensive bulletproof vests in the world.
February 2018 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.