• Each year we pay tribute to the heroes in blue who have paid the highest price. This year was no exception. We tell you a short story about each of these latest heroes – refer to our article published from p 32 in the October 2017 issue of Servamus.

    Each year we pay tribute to the heroes in blue who have paid the highest price. This year was no exception. We tell you a short story about each of these latest heroes – refer to our article published from p 32 in the October 2017 issue of Servamus.

  • The weather has caused havoc in large parts of the world in recent times – resulting a huge loss of lives. Ever thought about how you would react during a disaster? Read our article published from p 14 in the October 2017 issue of Servamus.

    The weather has caused havoc in large parts of the world in recent times – resulting a huge loss of lives. Ever thought about how you would react during a disaster? Read our article published from p 14 in the October 2017 issue of Servamus.

  • When a disaster strikes, the affected community is dependent on men and women who are willing to leave everything at home to search for survivors and treat the injured. Such are the men and women from Rescue SA – we tell you more about these heroes in our article published from p 22 in the October 2017 issue of Servamus.

    When a disaster strikes, the affected community is dependent on men and women who are willing to leave everything at home to search for survivors and treat the injured. Such are the men and women from Rescue SA – we tell you more about these heroes in our article published from p 22 in the October 2017 issue of Servamus.

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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 - October 2017

Whenever a disaster strikes, such as the fires that resulted in massive destruction in Knysna during June 2017, an earthquake in Italy or a tsunami in Japan, thousands of people need help.
By Kotie Geldenhuys
June 2017: Knysna and its surrounding areas - devastating fires. August 2017: Houston, Texas - extreme floods.
By Annalise Kempen
On 11 March 2011 at 14:46, an 8.9-magnitude earthquake, so powerful that it shifted the earth on its axis by 10 cm, struck Japan.
By Kotie Geldenhuys
"In many countries, climate change is magnifying risks and increasing the cost of disasters, a trend seen in South Africa given the current drought, the severe weather events and flooding experienced each year."
By Kotie Geldenhuys

Pollex - October 2017

There are two recent reported cases regarding all the dos and the don'ts regarding extradition (Afrikaans: "uitlewering").
Read More - 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.
Read More - 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:
Read More - 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.
Read More - 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.

Letters - October 2017

Hierdie jaar het vir ons twee broers met baie nuwe uitdagings begin. Ons het in Januarie ons 50ste verjaarsdag in Namibië gaan vier en as ons gedink het dat dit die hoogtepunt was, lê daar toe ‘n baie groter uitdaging op ons pad.
Between 14 and 18 August 2017, members of Westville SAPS competed in the KZN Rock and Surf angling competition held near the Wild Coast bridge, Port Edward.
It saddens me that every year South African Police Service members continue to succumb to the brutal onslaught on their lives.
October 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.