• The reality of prisons for many inmates is far from hoping to be rehabilitated. Instead, the reality is one of trying to protect oneself from the violence perpetrated on the inside. Read our article about the shocking reality of prison violence in the August 2017 issue of Servamus.

    The reality of prisons for many inmates is far from hoping to be rehabilitated. Instead, the reality is one of trying to protect oneself from the violence perpetrated on the inside. Read our article about the shocking reality of prison violence in the August 2017 issue of Servamus.

  • Some people seem to choose a life of violent crime. We ask whether it is due to an antisocial personality disorder or genes or whether other factors are at play. Read this interesting article in the August 2017 issue of Servamus.

    Some people seem to choose a life of violent crime. We ask whether it is due to an antisocial personality disorder or genes or whether other factors are at play. Read this interesting article in the August 2017 issue of Servamus.

  • Commercial crime is often regarded as “not so serious”. We prove the opposite in an article featured in the August 2017 issue of Servamus by giving a South African perspective to this very serious crime and the impact it has on the community and economy.

    Commercial crime is often regarded as “not so serious”. We prove the opposite in an article featured in the August 2017 issue of Servamus by giving a South African perspective to this very serious crime and the impact it has on the community and economy.

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- S V Amerika 2017 (1) SACR 532 (WCC)

In Pollex in Servamus: March 2017, there appears a discussion entitled "Something to ponder over for all our ladies - Dlamini v Minister of Police 2016 (2) SACR 655 (GJ)”. In this case, Mr Dlamini allegedly committed rather serious offences against his wife, Ms Turnbull, with whom he was embroiled in divorce proceedings, although they were still living together.

However, in due course the case (which was the subject of the offences referred to supra) was eventually withdrawn against Dlamini at the instance of Ms Turnbull.

At the conclusion of the Dlamini discussion supra, Pollex remarked as follows:
"With this in mind [withdrawal of cases of this nature], victims (complainants) of domestic violence of whom many are females must be careful that they are (as the song goes) not being branded as 'fickle' (Afrikaans: 'wispelturig) and, in the process, lose sympathy when they withdraw such cases, despite the violence perpetrated against them."

In S v Amerika 2017 (1) SACR 532 (WCC), Mr Amerika was convicted and sentenced before the High Court in Cape Town ("the court") for several offences in respect of the woman (Ms X) with whom he was involved in a romantic relationship from which a child was born. The offences and sentences are as follows:

Count 1: Kidnapping of Ms X - three years' incarceration;

Count 2: First rape of Ms X - life incarceration; and

Count 3: Second rape of Ms X - life incarceration.

Sentences imposed on counts 1, 2 and 3 supra, to run concurrently.
According to the court's judgment, it was a highly abusive relationship. Of importance is that Ms X, at some stage, obtained an interim protection order (apparently in terms of the Domestic Violence Act 116 of 1998). Ms X, however, did not seek to have this order made a final one because Amerika promised not to engage in any act of assault or abuse against her.

After this, on 6 April 2015, Amerika wanted to resume their relationship. The response of Ms X to this is not clear. However, the following day on 7 April 2015, Amerika kidnapped Ms X and then raped her twice - thus the three charges supra.

On the following day, 8 April 2015, Ms X again obtained a protection order (it is not clear whether this was an interim or a final one).

After this, Ms X did not have any contact with Amerika until they resumed their relationship during 2015*. According to Ms X's evidence in court as referred to in paragraph [10] of the judgment, "she said that after he (Amerika) asked her to take him back and made promises to her, she once again had forgiven him for what he had done to her".

During sentencing proceedings, the question was raised whether or not Ms X's reluctance to pursue the criminal charges against Amerika (because of their relationship), could be regarded as a mitigatory factor (Afrikaans: "versagtende faktor") or a substantial and compelling circumstance, justifying deviation from the prescribed minimum sentences as referred to in the Criminal Law Amendment Act 105 of 1997. The court held that it could not. According to the court, this would clearly send the wrong message and would be contrary to the values of the Constitution. It would furthermore undermine the dignity and humanity of abused women in this country. It would send out the message that men who make themselves guilty of spousal abuse or partner abuse by raping their partners will escape the full might of the law. In the court's view, when rape is committed in the context of an abusive relationship, this should be regarded as an aggravating factor in the consideration of an appropriate sentence.

[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 - August 2017

Asanda Baninzi and Wox Mthuthuzeli Nombewu hijacked a sergeant based at the Langebaan Airforce Base and his girlfriend, then drove them to the Mawumawu area in Nyanga.
By Kotie Geldenhuys
Who will be the next National Commissioner of the SAPS? That is the question on many concerned South Africans' lips - especially those of police members, researchers and the SAPS's partners in the fight against crime.
By Annalise Kempen
Normal, healthy people seldom dream about death. They do not see crime scenes and dead people when they close their eyes.
By Kotie Geldenhuys
For a period of 11 years the serial rapist and murderer, Jimmy Maketta, terrorised communities in the Philippi area near Cape Town.
By Kotie Geldenhuys

Pollex - August 2017

Read More - S v Parkins 2017 (1) SACR 235 (WCC)
Bradley Parkins (“the accused”) was convicted in the regional court sitting at Wynberg in the Cape Peninsula (“the trial court”) on the following six charges:
Read More - S v Mabitle 2017 (1) SACR 325 (NWM) and S v Monye and Another 2017 (1) SACR 329 (SCA)
In Ask Pollex in Servamus: August 2015, Pollex referred to a number of reported cases in respect of “contract killings”.
Read More In Servamus: June 2017, Pollex discussed the case of S v Hewitt 2017 (1) SACR 309 (SCA) (“the Hewitt case”). (The case involved the retired, world-renowned champion tennis player and instructor, Bob Hewitt.)
The Hewitt case was about three female complainants of whom two were raped and one was sexually assaulted (this offence was known as indecent assault at the time).
This month sees the last of our series of unlawful arrest and detention cases.

Letters - August 2017

Read More - An update (Servamus: December 2016
The telephone rings sharply in the charge office of Kliptown Police Station. The sergeant on duty looks up at the old clock hanging above the fireplace.
From 13 to 16 June 2017, members of the South African Police Service embarked on a trip to Mossel Bay for the Inter Provincial Soccer Championship, which was held at the D'Almeida sports ground.
Fathers’ Day was celebrated this year on 18 June, and I decided to run a special project under Social Crime Prevention for the fathers at Westville SAPS, with the wonderful support of some very gracious sponsors.
August 2017 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.