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However, in due course the case (which was the subject of the offences referred to supra) was eventually withdrawn against Dlamini at the instance of Ms Turnbull.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

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.