• During the past couple of weeks, a number of police officials, including from the Hawks, were brutally gunned down. The murder of these dedicated police officials is a loss for each South Africa and we pay tribute to some of them in our article published from p 40-43 of Servamus: April 2020.

    During the past couple of weeks, a number of police officials, including from the Hawks, were brutally gunned down. The murder of these dedicated police officials is a loss for each South Africa and we pay tribute to some of them in our article published from p 40-43 of Servamus: April 2020.

  • This short series of articles, published from pp 18-23 in Servamus: April 2020, explain the role of legal professionals, including advocates and attorneys; the role of the family advocate and the role of the sheriff.

    This short series of articles, published from pp 18-23 in Servamus: April 2020, explain the role of legal professionals, including advocates and attorneys; the role of the family advocate and the role of the sheriff.

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- S V Botha 2019 (1) SACR 127 (SCA)

Relevant word definitions and/or explanations

There are three forms of “intention” (dolus) (Afrikaans: “opset”) which are, according to p183 of Snyman’s Criminal Law, fifth edition as published by LexisNexis, the following:

(1) Dolus directus (direct intention) (Afrikaans: “oogmerkopset”)* which comprises a person's directing his/her will towards achieving the prohibited result or towards performing the prohibited act. This result or act is his/her goal. S/he desires the act or result.

(2) Dolus indirectus (indirect intention) (Afrikaans: “opset by noodwendigheidsbewussyn”)* means that the prohibited act or result is not the suspect's goal, but s/he realises that if s/he wants to achieve his/her goal, the prohibited act or result will of necessity materialise.

(3) Dolus eventualis (legal intention) (Afrikaans: “opset by moontlikheidsbewussyn”)* means that a person acts with intention in the form of dolus eventualis if the commission of the unlawful act or the causing of the unlawful result is not his/her main aim, but:

(a) s/he subjectively foresees (Afrikaans: “voorsien”)* the possibility that, in striving towards his/her main aim, the unlawful act may be committed or the unlawful result may be caused, and

(b) s/he reconciles (Afrikaans: “versoen”)* him-/herself with this possibility.

Dolus supra is one form of mens rea (fault) (Afrikaans: “skuld”), while the other form is culpa (negligence) (Afrikaans: “nalatigheid”).

According to Snyman on p209 of his Criminal Law supra, the following test is generally accepted as the complete test to determine “negligence”:

“A person’s conduct is negligent if -

1. the reasonable person in the same circumstances would have foreseen the possibility

(a) that the particular circumstance might exist; or

(b) that his/her conduct might bring about the particular result;

2. the reasonable person would have taken steps to guard against such a possibility; and

3. the conduct of the person whose negligence has to be determined differed from the conduct expected of the reasonable person.

The conclusion that the relevant person was negligent can only be drawn once all three abovementioned requirements have been complied with.”

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[This is only an extract of a discussion published in Pollex legal column in Servamus: November 2019 on p 65. If you are interested in obtaining the rest of the discussion, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or phone (012) 345 4660 to find out how. Ed.]

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Servamus - April 2020

South Africa needs to assemble its best resources to fight the scourge of corruption, fraud and organised crime.
By Kotie Geldenhuys
There are times when we celebrate the sentences handed down to offenders for the crimes they committed.
By Kotie Geldenhuys
South Africans often grapple with terminology in the legal and judicial space as some have differing international applications and the public tend to believe the version they see on television.
By Annalise Kempen
On the first day of Autumn 2020 and during the writing of this article, eight-year-old Tazne van Wyk, was laid to rest.
By Kotie Geldenhuys

Pollex - April 2020

It is no secret that Pollex is a supporter of the “death sentence” being reinstated in the legal system of the RSA, in respect of certain specified, convicted offenders.
During February 2020, Tazne van Wyk, an eight-year-old girl from Elsies River in the Cape, went missing.

Letters - April 2020

On Monday 9 March 2020, D/Sgt Mokowe, Const Kwatise and Const Mataa reacted to a complaint at one of the bank branches in Swartruggens.
On 12 September 2019, the South African Democratic Teacher’s Union (SADTU) held a Branch Teachers’ day at the multi-purpose centre in Middledrift.
April 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.