• Have you ever taught about your car’s safety when you are involved in a vehicle crash? Will you and your loved ones be protected in as far as it is possible? Refer to the article published on pp 14 -16 in Servamus: January 2020 to determine the NCAP safety rating of many cars on SA’s roads.

    Have you ever taught about your car’s safety when you are involved in a vehicle crash? Will you and your loved ones be protected in as far as it is possible? Refer to the article published on pp 14 -16 in Servamus: January 2020 to determine the NCAP safety rating of many cars on SA’s roads.

  • We all have a responsibility to create a safer world for our children – that includes on our roads. Sadly, vehicle crashes are some of the leading causes for child deaths. Walk This Way is a ChildSafe intervention project that aims to address child pedestrian safety – refer to the article in Servamus: January 2020 on pp 34-35 giving more details.

    We all have a responsibility to create a safer world for our children – that includes on our roads. Sadly, vehicle crashes are some of the leading causes for child deaths. Walk This Way is a ChildSafe intervention project that aims to address child pedestrian safety – refer to the article in Servamus: January 2020 on pp 34-35 giving more details.

  • Many people opt to go on a boat cruise for a holiday. Yet, there are many aspects that can affect the passengers and crew’s safety necessitating such cruise liners to have adequately trained security personnel. Refer to the article in Servamus: January 2020 on pp 30-32 about what is done to mitigate treats to such cruise liners.

    Many people opt to go on a boat cruise for a holiday. Yet, there are many aspects that can affect the passengers and crew’s safety necessitating such cruise liners to have adequately trained security personnel. Refer to the article in Servamus: January 2020 on pp 30-32 about what is done to mitigate treats to such cruise liners.

  • 1
  • 2
  • 3
  • 4

Corruption and/or allegations of corruption, is currently strongly in the news. Accordingly, readers of this column should take note of the three issues referred to infra.

  1. Corrupt policemen and corrupt public prosecutor - Famanda v State (930/2017) [2018] ZASCA (28 September 2018) (SCA)

Introduction
Section 9(1)(a) of the Prevention and Combating of Corrupt Activities Act 12 of 2004 (hereinafter referred to as the “Corruption Act”) provides as follows:

“9. Offences in respect of corrupt activities relating to members of prosecuting authority
(1) Any -

(a) member of the prosecuting authority 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;

is guilty of the offence of corrupt activities relating to members of the prosecuting authority;

(b) …

(2) …”

Section 4(1)(a) of the Corruption Act 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;

(b) …

is guilty of the offence of corrupt activities relating to public officers.

(2) …”

Section 4 must of course be read with the definition of “public officer” (in Afrikaans text: “openbare beampte”) as it appears in section 1 of the Corruption Act. This definition provides, inter alia, that a “public officer” means any person who is an employee of a “public body”. “Public body”, inter alia means “any department of State or administration in the national or provincial sphere of government or any municipality in the local sphere of government”. This, inter alia, includes members of the SAPS, but expressly excludes members of the prosecuting authority.

Furthermore, both sections 4 and 9 supra must be read with the definition of the (rather lengthy) word “gratification” (in Afrikaans text: “beloning”). The word “gratification” is so wide that it includes “anything from money to a bottle of brandy to a holiday in Mauritius to sex”.

Section 51(2)(a)(i) of the Criminal Law Amendment Act 105 of 1997 (hereinafter referred to as the “Minimum Sentences Act”) provides as follows:

“51. Discretionary minimum sentences for certain serious offences

(1) …

(2) Notwithstanding any other law but subject to subsections (3) and (6) [of this section 51], a regional court or a High Court shall sentence a person who has been convicted of an offence referred to in -

(a) Part II of Schedule 2, in the case of -

(i) a first offender, to imprisonment [incarceration] for a

period not less than 15 years;

(ii) and (iii)…

(b) and (c)…

(3) to (8)…”

The relevant portion of Part II of Schedule 2 referred to in section 51(2)(a) of the Minimum Sentences Act supra, provides that -

“Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or an offence in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corruption Activities Act 12 of 2004 -

(a) involving amounts of more than R500 000;

(b) involving amounts of more than R100 000, if it is proved that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common conspiracy; or

(c) if it is proved that the offence was committed by any law enforcement officer -

(i) involving amounts of more than R10 000; or

(ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common conspiracy”.

(Emphasis added by Pollex.)

Section 51(8) of the Minimum Sentences Act provides as follows:

“51. Discretionary minimum sentences for certain serious offences

(8) For the purposes of this section and Schedule 2, ‘law enforcement officer’ includes -

(a) a member of the National Intelligence Agency or the South African Secret Service referred to in section 3 of the Intelligence Services Act, 2002; and

(b) a correctional official of the Department of Correctional Services or a person authorised under the Correctional Services Act, 1998.”

****************************

[This is only an extract of a legal discussion on corruption. If you are interested in reading the rest of this Famanda case, contact Servamus’s offices at 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. to find out how.]

0
0
0
s2sdefault
powered by social2s

Servamus - January 2020

It is just after 05:00 in a cold, windy and rainy Cape Town when the packed train pulls onto platform three.
By Kotie Geldenhuys
One of the very sad consequences of every holiday season is the high number of vehicle crashes happening on our roads - not only resulting in people losing loved ones, but also leaving many drivers and passengers seriously injured or even disabled.
By Annalise Kempen
A lot is being said and written about vehicle fitness and road-worthiness, but what about your own fitness to drive a vehicle?
By Annalise Kempen
In South Africa, fatalities due to vehicle crashes are a major contributor to unnatural deaths impacting negatively on our economic development and growth.
By Kotie Geldenhuys

Pollex - January 2020

Read More - S V Nkosinathi Gama Review No: R40/2019 dated 19 July 2019 (FB)*; S V Bam 2019(2) SACR 662 (FB)*; and S V Phuzi 2019(2) SACR 648 (FB)*
Section 59 of the National Road Traffic Act 93 of 1996 (“the NRTA”) provides as follows:
Read More – Moyo and Another V Minister of Police and Others; Sonti and Another V Minister of Police and Others (CCT 174/18; CCT 178/18) [2019] ZACC 40 (22 October 2019) (CC)
Introduction Certain provisions of the Intimidation Act 72 of 1982 were recently referred to our Constitutional Court (“the Concourt”) in order to challenge their constitutionality.

Letters - January 2020

We salute Brig Mauritz "Happy" Schutte who was born on 4 September 1951, but was called for higher duties to be with his Lord and Saviour, our God Almighty on 9 October 2019, succumbing to the illness of cancer.
There is talk of forcing pension onto members at the age of 55, with no talk of any adjustments for the Public Service Act employees who can still build pension up to the age of 65.
January 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.