• Teenagers and alcohol don’t mix. What are parents’ responsibilities to ensure that their children don’t abuse alcohol? We give a variety of tips in our Community Safety feature in the June 2017 issue of Servamus.

  • Tennis star Bob Hewitt found guilty 30 years after committing sexual abuse against those he coached. Read the details about what had happened in the Crime Series published in the June 2017 issue of Servamus.

  • Sexting – the exchange of sexual messages or images – is a reality in schools. Teachers and learners are perpetrators and it is important to know about the dangers. Read our article in the June 2017 issue of Servamus.

  • Teenage alcohol abuse combined with sexting can have devastating & deadly consequences. Parents need to get involved to prevent their children from becoming victims. Read our article in the June 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was released on R500 bail, whereafter the matter was postponed from time to time until the charge was eventually withdrawn.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 - June 2017

In April 2013, a 17-year-old girl named Rehtaeh Parsons, was removed from life support and subsequently died.
By Kotie Geldenhuys
"Can you crawl through my window? I will do whatever you want. I want it to be first-class. First-class hotel, champagne and good sex."
By Kotie Geldenhuys
It is night-time in the city. Flashing neon lights and soft streetlamps create shadowy images across the pavement.
By Kotie Geldenhuys
In May 2017, the story broke that a young 22-year-old water polo teacher at Parktown Boys High had been accused of sexually grooming and assaulting more than 20 schoolboys, aged between 15 and 16 years, at this top school in Johannesburg.
By Kotie Geldenhuys

Pollex - Jun 2017

Read More - Gareth Prince, Jonathan David Rubin, Jeremy David Acton and Others v Minister of Justice and Constitutional Development, National Director of Public Prosecutions (NDPP) and Others, unreported case no 8760/2013 dated 31 March 2017, Western Cape High Court (WCC)
This is the much-publicised case regarding an application by the three applicants supra, before a full bench of three judges of the High Court in Cape Town ("the court"), for a declaration that certain legislative provisions that prohibit the use, possession, purchase and cultivation for personal or communal consumption of cannabis (also referred to as "dagga" and/or "marijuana"), are invalid.
Read More - S V [Bob] Hewitt 2017 (1) SACR 309 (SCA)
This is the much-publicised case of the retired, world-renowned champion tennis player and instructor/coach, Bob Hewitt, who was convicted by the High Court in Pretoria on two counts of rape* and one count of indecent assault*.
Read More – Burford v Minister of Police, unreported case no CA 128/2015 dated 10 November 2015 (ECG)
Background Section 50 (1)(a),(b),(c) and (d)(i) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

Letters - Jun 2017

I am a retired member of the SAPS and I collect all kinds of SAPS memorabilia from the inception of the South African Police in 1913 right to the present.
I am a retired member of the South African Police Service (SAPS) and I would like to purchase a blue leather uniform jacket as worn by SAPS members.
On 21 April 2017, police colleagues of D/W/O Petrus Oelofse attended his farewell function, which was hosted by the Jeffreys Bay Stock Theft Unit.
June 2017 Magazine Cover

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