• 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.

  • 1
  • 2
  • 3

– Burford v Minister of Police, unreported case no CA 128/2015 dated 10 November 2015 (ECG)

Background
Section 50 (1)(a),(b),(c) and (d)(i) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

“50. Procedure after arrest

(1)(a) Any person who is arrested with or without warrant for allegedly committing an offence, or for any other reason, shall as soon as possible be brought to a police station or, in the case of an arrest by warrant, to any other place which is expressly mentioned in the warrant.

(b) A person who is in detention as contemplated in paragraph (a) shall, as soon as reasonably possible, be informed of his/her right to institute bail proceedings.

(c) Subject to paragraph (d), if such an arrested person is not released by reason that -

(i) no charge is to be brought against him/her; or

(ii) bail is not granted to him/her in terms of section 59 or 59A, s/he shall be brought before a lower court as soon as reasonably possible, but not later than 48 hours after the arrest.

(d) If the period of 48 hours expires -

(i) outside ordinary court hours or on a day which is not an ordinary court day, the accused shall be brought before a lower court not later than the end of the first court day;..”

Section 35(1)(d), (e) and (f) of our Constitution provides as follows:

“35. Arrested, detained and accused persons

(1) Everyone who is arrested for allegedly committing an offence has the right -

(a)… (c)

(d) to be brought before a court as soon as reasonably possible, but not later than -

(i) 48 hours after the arrest; or

(ii) the end of the first court day after the expiry of the 48 hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day;

(e) at the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released; and

(f) to be released from detention if the interests of justice permit, subject to reasonable conditions.”

Discussion
On Thursday 10 January 2013, Mr Benjamin Johannes Burford and Mr Clinton Minnaar, were arrested without a warrant by SAPS members near Port Elizabeth, on a charge of housebreaking and theft.

What happened was that, on the evening of Thursday 10 January 2013, Minnaar, whom Burford knew as a neighbour, asked Burford to give him a lift to Minnaar’s place of work at Deal Party near Port Elizabeth. Burford agreed. When they arrived at the business premises of Minnaar’s place of work, the latter opened a storeroom with a key that he had with him and emerged with certain pieces of aluminium.

....................

[This is only an extract of an article published in Pollex in Servamus: June 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 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.