• Each year we pay tribute to the heroes in blue who have paid the highest price. This year was no exception. We tell you a short story about each of these latest heroes – refer to our article published from p 32 in the October 2017 issue of Servamus.

    Each year we pay tribute to the heroes in blue who have paid the highest price. This year was no exception. We tell you a short story about each of these latest heroes – refer to our article published from p 32 in the October 2017 issue of Servamus.

  • The weather has caused havoc in large parts of the world in recent times – resulting a huge loss of lives. Ever thought about how you would react during a disaster? Read our article published from p 14 in the October 2017 issue of Servamus.

    The weather has caused havoc in large parts of the world in recent times – resulting a huge loss of lives. Ever thought about how you would react during a disaster? Read our article published from p 14 in the October 2017 issue of Servamus.

  • When a disaster strikes, the affected community is dependent on men and women who are willing to leave everything at home to search for survivors and treat the injured. Such are the men and women from Rescue SA – we tell you more about these heroes in our article published from p 22 in the October 2017 issue of Servamus.

    When a disaster strikes, the affected community is dependent on men and women who are willing to leave everything at home to search for survivors and treat the injured. Such are the men and women from Rescue SA – we tell you more about these heroes in our article published from p 22 in the October 2017 issue of Servamus.

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Flimsy grounds proferred for reasonable suspicion, are insufficient for arrest without a warrant - Mkwanazi and three others V Minister of Police, unreported case no EL 259/2016 and ECD 759/2016 dated 17 January 2017 Eastern Cape High Court, East London Local Court (ECELLC)

Mr Mkwanazi and three other men (hereinafter referred to as plaintiffs [Afrikaans: “eisers”]) instituted civil action for damages against the Minister of Police before the Eastern Cape High Court, East London Local Court, as a result of their alleged unlawful arrest and detention.

 

Introduction
At the beginning of this (civil) trial, the court commenced its judgment by making the following remarks in paragraph [1] –

“[1] A peace officer’s job is not an easy one at the best of times. In the course of their duties they are regularly placed in situations where they are called upon to weigh up their statutory duty to enforce the law against the constitutionally entrenched rights of suspects. And these are more often than not snap decisions, taken on the spur of the moment and without the benefit of legal counsel. When the lawfulness of arrests is challenged by disgruntled suspects, the conduct of peace officers are critically picked apart by lawyers and pronounced upon by judicial officers. And in the sterile environment of a Court of Law their best intentions count for nought since their actions are considered objectively and measured against the exacting standards of the mythical ‘reasonable man’”*. (Emphasis added by Pollex.)

According to the court, this is exactly the invidious position in which W/O Eugene Chipps, a sector manager for Community Policing in the Beacon Bay area (near East London), found himself on Wednesday 9 December 2015. On the basis of information that W/O Chipps received through the WhatsApp chat group of a neighbourhood watch, he arrested the four plaintiffs without a warrant at about 09:00 that morning.

 

Discussion

According to W/O Chipps, a message was posted around 08:00 on 9 December 2015 on the Beacon Bay Neighbourhood Crime Prevention Forum’s WhatsApp group, to the effect that there had been a housebreaking incident at Hawks Head Drive, Beacon Bay, and that a maroon Toyota Camry sedan was seen driving around in the area.

At the time it was a matter of public record that housebreakings in the area were rampant, and that police investigations seldom resulted in the arrests of suspects. According to the court, one can therefore understand W/O Chipps’s excitement and the over-exuberant (enthusiastic) manner in which he pursued investigation into what he considered to have been a “hot lead”.

Since, in W/O Chipps’s experience, housebreakings were rife in areas where building construction was taking place, he asked a local contractor whether or not he recognised the maroon Toyota Camry. The contractor’s reply was in the affirmative, and he said that it belonged to the first plaintiff, Mr Mkwanazi, who was also involved in various sub-contracts in the Beacon Bay area.

To cut a long story short, the first and second plaintiffs were soon thereafter arrested by W/O Chipps. Five of the first plaintiff’s other employees, including the third and fourth plaintiffs, were arrested about 30 minutes later. All four plaintiffs were taken to Fleet Street Police Station in East London where they were incarcerated until the following Monday 14 December 2015 (which was apparently the first court day after the expiry of the specified 48 hours)*. All four of the plaintiffs were released at approximately 10:00 that Monday morning without appearing in court, after the charges against all four of the plaintiffs had been provisionally withdrawn.

Not satisfied with this turn of events, all four plaintiffs instituted civil actions for damages (Afrikaans: “skadevergoeding”) referred to supra.

The defendant, namely the Minister of Police, submitted that the arrest concerned was made in terms of section 40(1)(b) of the Criminal Procedure Act 51 of 1977 (“the CPA”)* and that it was thus lawful.

...............

[This is only an extract of an article published in Pollex in Servamus: July 2017. Contact Servamus’s offices to obtain the rest of the 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 - October 2017

Whenever a disaster strikes, such as the fires that resulted in massive destruction in Knysna during June 2017, an earthquake in Italy or a tsunami in Japan, thousands of people need help.
By Kotie Geldenhuys
June 2017: Knysna and its surrounding areas - devastating fires. August 2017: Houston, Texas - extreme floods.
By Annalise Kempen
On 11 March 2011 at 14:46, an 8.9-magnitude earthquake, so powerful that it shifted the earth on its axis by 10 cm, struck Japan.
By Kotie Geldenhuys
"In many countries, climate change is magnifying risks and increasing the cost of disasters, a trend seen in South Africa given the current drought, the severe weather events and flooding experienced each year."
By Kotie Geldenhuys

Pollex - October 2017

There are two recent reported cases regarding all the dos and the don'ts regarding extradition (Afrikaans: "uitlewering").
Read More - S V Sebofi 2015 (2) SACR 179 (GJ)
Mr Sebofi (the accused) was convicted on two counts of rape by the regional court in Roodepoort (the trial court), and sentenced to life incarceration.
Read More - Chala and Others v Director of Public Prosecutions (DPP), KwaZulu-Natal and Another 2015 (2) SACR 283 (KZP)
The proviso (Afrikaans: “voorbehoud”) to section 93ter(1) of the Magistrates’ Court Act 32 of 1944 provides as follows:
Read More - S V Tladi and Others 2016 (1) SACR 424 (GP)
The three accused persons in this case were each convicted in the regional court (“the trial court”) on one count of kidnapping and one count of rape.
Read More - S V Masoka and Another 2015 (2) SACR 268 (ECP)
Two accused persons were standing trial before the magistrates’ court in Humansdorp in the Eastern Cape on a charge of robbery.

Letters - October 2017

Hierdie jaar het vir ons twee broers met baie nuwe uitdagings begin. Ons het in Januarie ons 50ste verjaarsdag in Namibië gaan vier en as ons gedink het dat dit die hoogtepunt was, lê daar toe ‘n baie groter uitdaging op ons pad.
Between 14 and 18 August 2017, members of Westville SAPS competed in the KZN Rock and Surf angling competition held near the Wild Coast bridge, Port Edward.
It saddens me that every year South African Police Service members continue to succumb to the brutal onslaught on their lives.
October 2017 Magazine Cover

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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.