• The reality of prisons for many inmates is far from hoping to be rehabilitated. Instead, the reality is one of trying to protect oneself from the violence perpetrated on the inside. Read our article about the shocking reality of prison violence in the August 2017 issue of Servamus.

    The reality of prisons for many inmates is far from hoping to be rehabilitated. Instead, the reality is one of trying to protect oneself from the violence perpetrated on the inside. Read our article about the shocking reality of prison violence in the August 2017 issue of Servamus.

  • Some people seem to choose a life of violent crime. We ask whether it is due to an antisocial personality disorder or genes or whether other factors are at play. Read this interesting article in the August 2017 issue of Servamus.

    Some people seem to choose a life of violent crime. We ask whether it is due to an antisocial personality disorder or genes or whether other factors are at play. Read this interesting article in the August 2017 issue of Servamus.

  • Commercial crime is often regarded as “not so serious”. We prove the opposite in an article featured in the August 2017 issue of Servamus by giving a South African perspective to this very serious crime and the impact it has on the community and economy.

    Commercial crime is often regarded as “not so serious”. We prove the opposite in an article featured in the August 2017 issue of Servamus by giving a South African perspective to this very serious crime and the impact it has on the community and economy.

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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 - August 2017

Asanda Baninzi and Wox Mthuthuzeli Nombewu hijacked a sergeant based at the Langebaan Airforce Base and his girlfriend, then drove them to the Mawumawu area in Nyanga.
By Kotie Geldenhuys
Who will be the next National Commissioner of the SAPS? That is the question on many concerned South Africans' lips - especially those of police members, researchers and the SAPS's partners in the fight against crime.
By Annalise Kempen
Normal, healthy people seldom dream about death. They do not see crime scenes and dead people when they close their eyes.
By Kotie Geldenhuys
For a period of 11 years the serial rapist and murderer, Jimmy Maketta, terrorised communities in the Philippi area near Cape Town.
By Kotie Geldenhuys

Pollex - August 2017

Read More - S v Parkins 2017 (1) SACR 235 (WCC)
Bradley Parkins (“the accused”) was convicted in the regional court sitting at Wynberg in the Cape Peninsula (“the trial court”) on the following six charges:
Read More - S v Mabitle 2017 (1) SACR 325 (NWM) and S v Monye and Another 2017 (1) SACR 329 (SCA)
In Ask Pollex in Servamus: August 2015, Pollex referred to a number of reported cases in respect of “contract killings”.
Read More In Servamus: June 2017, Pollex discussed the case of S v Hewitt 2017 (1) SACR 309 (SCA) (“the Hewitt case”). (The case involved the retired, world-renowned champion tennis player and instructor, Bob Hewitt.)
The Hewitt case was about three female complainants of whom two were raped and one was sexually assaulted (this offence was known as indecent assault at the time).
This month sees the last of our series of unlawful arrest and detention cases.

Letters - August 2017

Read More - An update (Servamus: December 2016
The telephone rings sharply in the charge office of Kliptown Police Station. The sergeant on duty looks up at the old clock hanging above the fireplace.
From 13 to 16 June 2017, members of the South African Police Service embarked on a trip to Mossel Bay for the Inter Provincial Soccer Championship, which was held at the D'Almeida sports ground.
Fathers’ Day was celebrated this year on 18 June, and I decided to run a special project under Social Crime Prevention for the fathers at Westville SAPS, with the wonderful support of some very gracious sponsors.
August 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.