Remember the bomb technician’s motto: “I am a bomb technician, if you see me running, try and keep up!” – In the January 2018 issue of Servamus we share the realities faced by bomb technicians and tell you what it takes to become one.
In our Community Safety Tips of Servamus: January 2018, we deal with medicine, false advertising, quacks & our health and help you distinguish between facts and fictions in terms of medicine.
In the second part of our short series of “Putting school bullies in their place” – Legally published in Servamus: January 2018, we guide readers you step by step on how to obtain a Harassment Act protection order and the accompanying warrant of arrest..
There are two recent reported cases regarding all the dos and the don'ts regarding extradition (Afrikaans: "uitlewering"). They are S v Patel 2016 (2) SACR 141 (GJ) and Carolissen v Director of Public Prosecutions [DPP] 2016 (2) SACR 171 (WCC).
It is suggested that all crime investigators take note and store this information somewhere in case they are tasked with extradition proceedings.
Extradition must NOT be confused with deportation.
- 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.
On appeal by the accused against his convictions and sentence before the High Court in Johannesburg (the court of appeal), the court criticised the calibre of the presentation of this case before the trial court.
- 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:
“Provided that if an accused is standing trial in the court of a regional division on a charge of murder, whether together with other charges or accused or not, the judicial officer shall at that trial be assisted by two assessors unless such an accused requests that the trial be proceeded with without assessors, whereupon the judicial officer may in his discretion summon one or two assessors to assist him.”
(Emphasis added by Pollex.)
- 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. They were sentenced as follows:
ACCUSED 1 (28 years old at the time of committing the offences supra):
Count 1 (kidnapping): Four years’ incarceration; and
- 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.
During cross-examination of accused 2 by the public prosecutor, it was put to accused 2 that the State/prosecution had obtained a witness statement from Mr Thanduxolo. Before the content of such statement was put to accused 2, Mr Van Wyk, who appeared on behalf of accused 2, objected thereto. After discussions with both the prosecutor and Mr Van Wyk, the trial magistrate put the following information on record:
“1. The plea explanation disclosing the name and address of the alibi witness occurred on 3 February 2014;
2. the defence attorney, Mr Van Wyk, had consulted with the alibi witness Thanduxolo on 4 February 2014;
3. after the aforesaid events the prosecutor requested the investigating officer to trace the witness and obtain a witness statement from him, which the investigating officer did, and he furnished the prosecutor with such statement on 11 February 2014;