• The SAPS held a special parade to welcome back Mr Bheki Cele as the Minister for Police. He had previously been the National Commissioner of the SAPS. Refer to article published on pp 44-45 of Servamus: April 2018.

    The SAPS held a special parade to welcome back Mr Bheki Cele as the Minister for Police. He had previously been the National Commissioner of the SAPS. Refer to article published on pp 44-45 of Servamus: April 2018.

  • The tragedy surrounding the murder of Jayde Panayiotou is discussed in this month’s crime series. Read about how Jayde’s murder was planned by her husband and the work done by the police investigators.

    The tragedy surrounding the murder of Jayde Panayiotou is discussed in this month’s crime series. Read about how Jayde’s murder was planned by her husband and the work done by the police investigators.

  • Following the Marikana tragedy in 2012, the Public Order Policing Units of the SAPS come under attack. A lot of work has been done ever since, including the launch of national reserve POP Units. We update you on the latest developments surrounding POP in Servamus: April 2018.

    Following the Marikana tragedy in 2012, the Public Order Policing Units of the SAPS come under attack. A lot of work has been done ever since, including the launch of national reserve POP Units. We update you on the latest developments surrounding POP in Servamus: April 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 - April 2018

When a disabled 52-year-old former soldier's wife died a couple of years ago, his 26-year-old brother-in-law moved into his house to take care of him.
By Kotie Geldenhuys
For many consumers, short-term insurance is a grudge expense, until that day when they are involved in a vehicle accident or they return home from work or holiday to find that they have been the victim of a burglary and they need to register a claim with their insurer.
By Annalise Kempen
There are no words to describe the shock when a man cold-bloodedly murders his wife, seemingly without motive.
By Kotie Geldenhuys
Many adults have fond memories of their grandparents - visiting them during holidays, being treated with sweets or sitting on their laps listening to numerous stories.
By Annalise Kempen

Pollex - April 2018

The word supra refers to "a person who eats human flesh". According to recent media reports, arrests have been made "for the crime of cannibalism" (Afrikaans: "kannibalisme") and that those persons will "appear in court on charges of cannibalism".
Read More - Per Mr Lucky Shange in a news item that appeared in News 24 dated 17 February 2018
According to the news item referred to supra, the 40-year-old Mr Lucky Shange was arrested in 1998.
According to all indications, South Africa has, or is heading for a water crisis. As far as the Cape Peninsula in the Western Cape is concerned, the crisis is already upon its inhabitants.

Letters - April 2018

The article “A walk down memory lane - Paying tribute to a dedicated war hero” that was published in Servamus: March 2018 on pp 76-77, refers.
Ever thought about the impact of parents’ jobs on their children? This poem, written by W/O Johan Coetzer’s daughter, Megan, says so much, especially when one realises that she was only 13 years old when she wrote it.
April 2018 Magazine Cover

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