• Although our paths regularly cross with those of homeless people, we seldom think about them as potential vulnerable victims of serious crime. Read more about the in-depth article about how they are affected from p 44 in Servamus: February 2018.

    Although our paths regularly cross with those of homeless people, we seldom think about them as potential vulnerable victims of serious crime. Read more about the in-depth article about how they are affected from p 44 in Servamus: February 2018.

  • Ever thought about the fact that those who are falsely accused of crime are also victims? We explore the impact of these false allegations on these victims and look at the trauma of serving time when you are innocent in an article published from p 28 in Servamus: February 2018.

    Ever thought about the fact that those who are falsely accused of crime are also victims? We explore the impact of these false allegations on these victims and look at the trauma of serving time when you are innocent in an article published from p 28 in Servamus: February 2018.

  • Members of Flying Squads often arrive first at crime scenes to confront dangerous criminals. This month we pay tribute to the hardworking heroes of the Johannesburg Flying Squad and introduce their commander. Refer to the article from p 50 in Servamus: February 2018.

    Members of Flying Squads often arrive first at crime scenes to confront dangerous criminals. This month we pay tribute to the hardworking heroes of the Johannesburg Flying Squad and introduce their commander. Refer to the article from p 50 in Servamus: February 2018.

  • Many victims of crime choose not to report the incident to the police. We explore the reasons why; find out whether it is a situation unique to South Africa and look at the consequence of non-reporting of crime in an article published from p 10 in Servamus: February 2018.

    Many victims of crime choose not to report the incident to the police. We explore the reasons why; find out whether it is a situation unique to South Africa and look at the consequence of non-reporting of crime in an article published from p 10 in Servamus: February 2018.

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- Director of Public Prosecutions (DPP), Gauteng v MG 2017 (2) SACR 132 (SCA)

Background
Section 57(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 provides as follows:

“57. Inability of children under 12 years and persons who are mentally disabled to consent to sexual acts

(1) Notwithstanding anything to the contrary in any law contained, a male or female person under the age of 12 years is incapable of consenting to a sexual act.

(2) …”

Discussion
Mr MG, the accused, was convicted by the regional court in Louis Trichardt (“the trial court”) in the Limpopo Province on the following six counts:

Counts 1, 2 and 3: rape in contravention of section 3 of Act 32 of 2007;

Count 4: using a child for child pornography in contravention of section 20(4) of Act 32 of 2007;

Count 5: exposing, displaying or causing the exposure or displaying of child pornography in contravention of section 19(a) of Act 32 of 2007; and

Count 6: sexual grooming of children in contravention of section 18(2)(a) of Act 32 of 2007.

In respect of counts 1, 2 and 3 (the three rape counts), the accused was sentenced to life incarceration on each of the three counts. The remaining counts 4, 5 and 6 were treated as one for the purposes of sentence whereupon a sentence of ten years’ incarceration was imposed.

The complainant in this matter was the daughter of the wife of the accused from a previous relationship. The offences supra were discovered by the accused’s wife when she was using the family computer and came across pornographic images of adult women. She later stumbled upon photographic images of the accused engaged in sexual acts with the complainant. This discovery set the wheels of justice in motion and culminated in the convictions and sentences referred to supra.

The complainant was ten years old at the time of the commission of the said offences.

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[This is only an extract of a discussion published in the Pollex Legal Column from p 60 in Servamus: November 2017. Contact Servamus’s offices to request the rest of this interesting 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 - February 2018

In high profile cases such as that of the Modimolle monster or Oscar Pistorius, the public heard, through the media, what impact the violent crime had on the victim and their families.
By Kotie Geldenhuys
People sleeping on sheets of cardboard under dirty old blankets on pavements or on dark park benches are a familiar sight when driving through the suburbs late at night.
By Kotie Geldenhuys
“You were wearing a low cut, short mini dress, what did you expect?” Those are often the first words a rape victim hears when she tells someone from whom she trusted to get support, after she was raped by a friend at a party.
By Kotie Geldenhuys
If you have been the victim of a property-related crime such as a housebreaking, stay in an urban area or have relatively easy access to a police station, chances are very good that you will report it to the police.
By Annalise Kempen

Pollex - February 2018

Read More - Solidarity [Trade Union] [on behalf of Sgt Armand] Gerber v SAPS and Others (C381/17) [2017] ZALCCT 36 (11 August 2017)*
This is a judgment of the Cape Town Labour Court which began when Sgt Gerber approached the court. Sgt Gerber suffers from post-traumatic stress disorder (PTSD) as a result of a traumatic event in the course of his duty as a member of the SAPS.
Towards the end of 2017, various news agencies reported a story about a female university student from the Eastern Cape who mistakenly received a payment of R14 million instead of R1400 from the National Student Financial Aid Scheme (NSFAS).
Read More - S V Byleveld 2017 (1) SACR 218 (NWM)
“252A. Authority to make use of traps and undercover operations and admissibility of evidence so obtained
Read More - S V Masoanganye and Others 2015 (2) SACR 577 (NWM)
Five accused persons were convicted and sentenced by a single judge before the High Court in Mahikeng in the North West Province on charges of theft, all in respect of amounts stolen from the Guardian Fund (Afrikaans: “Voogdyfonds”).
Read More - S V Ramoba 2017 (2) SACR353 (SCA)
The accused, who was 33 years of age at the time of sentencing before the regional court in Tzaneen in Limpopo, was convicted on 12 very serious charges whereupon he and his co-accused, were each sentenced to an effective term of 52 years’ incarceration.
These Regulations appear as Government Notice No R 1138, in Government Gazette No 41203 dated 27 October 2017 (“the ‘new’ Regulations”).

Letters - February 2018

A former police member, Lt-Col Mathews Leballo, has since his retirement not forsaken the needs of vulnerable groups.
The management and staff of Evaton SAPS got to celebrate Christmas on 20 December 2017 with Christmas Carols. The event was blessed by the Provincial Head Office Chaplain Rev Mudau.
A lot of crimes have been committed in 2017 and previously and some of these offenders are regretful of committing criminal acts.
Brig N G (Natty) Govender enlisted into the South African Police with the intention of becoming a motor technician.
According to an article published in the Sunday Times at the end of 2017, the SAPS has splashed out on what are believed the most expensive bulletproof vests in the world.
February 2018 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.