• Bullying is a serious issue in schools. We remind about the relevant legislation and definitions in the first of three articles about dealing with school bullies. Read this article in the December 2017 issue of Servamus.

    Bullying is a serious issue in schools. We remind about the relevant legislation and definitions in the first of three articles about dealing with school bullies. Read this article in the December 2017 issue of Servamus.

  • The SAPS is adamant that they want to deal with police members who lead double lives and are susceptible to corrupt activities. All SAPS employees should read this article in the December 2017 issue of Servamus about what it being done to root out corruption.

    The SAPS is adamant that they want to deal with police members who lead double lives and are susceptible to corrupt activities. All SAPS employees should read this article in the December 2017 issue of Servamus about what it being done to root out corruption.

  • Are you a sucker for #FakeNews? We share valuable tips how to distinguish between the good, the bad and the ugly in the December 2017 issue of Servamus.

    Are you a sucker for #FakeNews? We share valuable tips how to distinguish between the good, the bad and the ugly in the December 2017 issue of Servamus.

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- S V Phillips 2017 (1) SACR 373 (SCA)

Background
Section 4(1) of the Prevention and Combating of Corrupt Activities Act 12 of 2004 (hereinafter referred to as Act 12 of 2004) provides as follows:
“4. Offences in respect of corrupt activities relating to public officers
(1) Any -
(a) public officer who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of him-/herself or for the benefit of another person; or
(b) person who, directly or indirectly, gives or agrees or offers to give any gratification to a public officer, whether for the benefit of that public officer or for the benefit of another person, in order to act, personally or by influencing another person so to act, in a manner -

(i) that amounts to the -
(aa) illegal, dishonest, unauthorised, incomplete, or biased; or
(bb) misuse or selling of information or material acquired in the course of the, exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;
(ii) that amounts to -
(aa) the abuse of a position of authority;
(bb) a breach of trust; or
(cc) the violation of a legal duty or a set of rules;
(iii) designed to achieve an unjustified result; or
(iv) that amounts to any other unauthorised or improper inducement to do or not to do anything, is guilty of the offence of corrupt activities relating to public officers.”
(Emphasis added by Pollex.)

Section 4(1) supra, must, of course, be read with certain word definitions, inter alia, “public officer” (in Afrikaans text: “openbare beampte”) and “gratification” (in Afrikaans text: “beloning”), as they appear in section 1 of Act 12 of 2004.

“‘Public officer’ means any person who is a member, an officer, an employee or a servant of a public body, and includes -
(a) any person in the public service contemplated in section 8 (1) of the Public Service Act, 1994 (Proclamation 103 of 1994);
(b) any person receiving any remuneration from public funds; or
(c) where the public body is a corporation, the person who is incorporated as such, but does not include any -
(a) member of the legislative authority;
(b) judicial officer; or
(c) member of the prosecuting authority.”

“‘Gratification’, includes -
(a) money, whether in cash or otherwise;
(b) any donation, gift, loan, fee, reward, valuable security, property or interest in property of any description, whether movable or immovable, or any other similar advantage;
(c) the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage;..

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[This is only an extract of a discussion published in the Pollex Legal Column from p 60 in Servamus: December 2017. Contact Servamus’s offices to request the rest of this article by sending an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or by phoning (012) 345 4660/22.]

Servamus - December 2017

A Free State farmer responded to an OLX advert from someone selling animal feed. "I wanted to buy cattle feed, so I deposited the R21 000 immediately after I verified the seller's banking details," he said.
By Kotie Geldenhuys
During mid-October 2017, social media was awash with the news that approximately 30 million South Africans' personal information had been hacked.
By Annalise Kempen
There is no positive light in which to paint the latest crime statistics released by the Minister of Police, Fikile Mbalula, on 24 October 2017.
By Annalise Kempen
Ben is a 14-year-old teenage boy who comes across the online game the Blue Whale. While playing this game, he has to complete one challenge after another.
By Kotie Geldenhuys

Pollex - December 2017

Years ago, when General Motors “was still a sergeant”, the police’s motto was “Servamus et Servimus”, meaning “we protect and we serve”.
Read More - S V Phillips 2017 (1) SACR 373 (SCA)
Background Section 4(1) of the Prevention and Combating of Corrupt Activities Act 12 of 2004 (hereinafter referred to as Act 12 of 2004) provides as follows:
Read More - S V Setlholo 2017 (1) SACR 544 (NCK)
In this case the accused was, at the time of committing the two offences concerned, a constable in the SAPS.

Letters - December 2017

While participating in the SAPS National Half-marathon held in Rustenburg during October 2017, I decided that I wanted to run all the marathon races in the Bay during 2018.
On Wednesday 1 November 2017, at approximately 10:00, Capt B R Simpson and Const T E Ntuli from the FLASH Unit at SAPS Emanguzi were travelling along the R22 main road (Engozeni area) towards the Farazela Port of Entry at the Mozambican border.
South African communities are faced with various crimes and it has been a challenge to every citizen to play a role in bringing all perpetrators to justice by working hand-in-hand with the South African Police Service.
Members of the social crime prevention office of Emanguzi SAPS have been working hard to bring awareness to the local communities in an effort to protect the most vulnerable and youngest members in our communities.
December 2017 Magazine Cover

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