• 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.

    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 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..

    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..

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- Chala and Others v Director of Public Prosecutions (DPP), KwaZulu-Natal and Another 2015 (2) SACR 283 (KZP)

Background

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.)

Discussion

In the matter under discussion, Mr Chala and other accused persons (hereinafter collectively referred to as the applicants) were standing trial before the regional court in Verulam, KwaZulu-Natal (KZN), charged with the crime of murder, as well as two counts of attempted murder.

In considering the review, the review court referred to numerous relevant case law. In particular, the review court referred to the KZN case of S v Naicker 2008 (2) SACR 54 (NPD) wherein it was held that although non-compliance with the peremptory (Afrikaans: “gebiedende”) terms of section 93ter (1), amounts to an irregularity, it does not necessarily follow that it amounts to a failure of justice, and an assessment is nevertheless required to discover the impact of the irregularity on the integrity of the proceedings.

However, the review court also referred to another KZN case, namely S v Samigan case No AR 685/2003, 30 June 2005, unreported (NPD). In this case the KZN High Court held that a failure to comply with the peremptory provisions of section 93ter(1) of Act 32 of 1944 constituted “so fundamental an irregularity that the convictions of [Samigan] on the various counts, cannot stand”.

Accordingly, in the light of all the case law referred to by the review court, it came to the conclusion that Naicker supra was clearly wrong and that Samigan supra was correct. See paragraph [26] of the judgment under discussion, namely Chala v DPP.

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[This is only an extract of discussion published in Pollex in Servamus: October 2017. Contact Servamus’s offices to request the rest of this interesting discussion 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 - January 2018

The late Hansie Cronjé, South Africa's former cricket captain, was a national hero until cricket's biggest match-fixing scandal destroyed him. In 2000, South Africans and cricket lovers across the world were shocked when Hansie's name was connected with being involved in match-fixing.
By Kotie Geldenhuys
A young woman struggled with her weight for years and became so ashamed of her body that she was afraid to leave her home.
By Kotie Geldenhuys
For the past couple of years South Africans have witnessed the fall of one national police commissioner after another, resulting in Pres Zuma's track record of appointing National Police Commissioners being questioned.
By Kotie Geldenhuys
It is very early on a Monday morning, 03:00 to be exact, and not much is going on at a filling station in Mankweng in Limpopo. But then, suddenly, all hell breaks loose when three vehicles pull up at the station.
By Annalise Kempen

Pollex - January 2018

Read More - unreported (CC 26/2016) [2017] Zaecpehc 53 (2 November 2017) (ECP)
The reference supra is that of the widely publicised murder trial before the Port Elizabeth High Court in which Christopher Panayiotou and Sinethemba Nemembe were convicted of the murder of the late Ms Jayde Panayiotou who was the wife of Christopher.
Read More - S V Njiva and Another 2017 (1) SACR 395 (ECM)
Section 217(1) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows: “217. Admissibility of confession by accused
Read More - National Commissioner of Police v Southern African Human Rights Litigation Centre and Another 2015 (1) SACR 255 (CC)
In 2007 in Harare, the Zimbabwe police raided the headquarters of the main opposition political party whereafter they detained and allegedly tortured (Afrikaans: "martel") 100 Zimbabwean nationals.

Letters - January 2018

W/O David Pillay retired at the end of November 2017 after having served the South African Police Service and various communities for more than four decades - a lifetime to some.
Over the years, numerous retired police members, usually gathering at the funeral of a former colleague, suggested the formation of an organisation where retired police members could meet regularly to rekindle friendships; form new friendships; and share memories of the past on a regular basis and in an organised manner
Servamus has published a great article on the Tracker SAPS Awards 2017 in the November issue of the magazine whereby all units and nominated members were covered for the absolutely brilliant work they do in partnership with Tracker.
Members of the social crime prevention office of Emanguzi SAPS have been working hard to bring awareness to the local communities in an effort to protect the most vulnerable and youngest members in our communities.
January 2018 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.