• 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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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.

As a result of this crisis (and/or pending crisis in some areas), Pollex predicts that “new” laws - be it national, provincial or municipal by-laws* - regarding water-related issues, will escalate.

Pollex further predicts that the income from water supplies to the authorities, will decline which means that the authorities will have to look elsewhere to compensate for this deficiency. Accordingly, this compensation will most probably have to come from water-related fines (as have been implemented in Cape Town) and/or traffic fines, as well as the increase of tariffs in areas where the taps are still running.

As a result, Pollex appeals to all law enforcement agencies and its employees not to go overboard regarding both water- and traffic-related issues, by concentrating on (harmless) “soft targets” instead of concentration on (harmful) “hard targets”.

As far as water-related offences are concerned, see S v Mostert and Another 2010 (1) SACR 223 and 2010 (2) SA 586 (SCA) as discussed by Pollex in Servamus: August 2010. Also see “Water in the criminal law” in Ask Pollex in Servamus: April 2012.

This issue about water-related offences is not as straightforward as it appears. For example, in paragraph [24] of the Mostert judgment supra, the SCA states that “water flowing in a stream or river (of which the latter is a ‘water resource’ as envisaged by the National Water Act 36 of 1998) is NOT capable of being stolen and that 'theft of water' is NOT common law theft”.

On p491 of his Criminal Law, fifth edition as published by LexisNexis, the learned author Snyman holds the same view.

In the light of the preceding it is suggested that the same principle, namely that “theft of water” is not common law theft, apply likewise to tap and/or swimming pool water, bottled water and also water in some or other container.

According to the self-same para [24] of the Mostert judgment supra, the SCA states that for water-related offences, one has to look at statutory law (and not to the common law).

There are two national statutes that provide directly or indirectly for statutory water-related offences. (Please note that the emphasis added and words in square brackets are inserted by Pollex in respect of all references to legal provisions that follow.)

The first of the two national statutes is the Water Services Act 108 of 1997. Of importance is section 21 which provides as follows:

“21. Bylaws [note the spelling - no hyphen]*

(1) Every water services authority [namely a municipality - see word definition in section 1] must make bylaws* which contain conditions for the provision of water services [meaning water supply services and sanitation services - see word definition in section 1], and which must provide for at least -
(a) the standard of the services;

(b) the technical conditions of supply, including quality standards, units or 5 standards of measurement, the verification of meters, acceptable limits of error and procedures for the arbitration of disputes relating to the measurement of water services provided;

(c) the installation, alteration, operation, protection and inspection of water services works and consumer installations;

(d) the determination and structure of tariffs in accordance with section 10 [of Act 108 of 1997];

(e) the payment and collection of money due for the water services;

(f) the circumstances under which water services may be limited or discontinued and the procedure for such limitation or discontinuation; and

(g) the prevention of unlawful connections to water services works and the unlawful or wasteful use of water.”

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(The rest of this legal discussion is published in Servamus: April 2018. If you are interested in reading the rest, contact Servamus’s offices to enquire how – tel: (012) 345 4660/22 or send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it.)

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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