• Have you ever taught about your car’s safety when you are involved in a vehicle crash? Will you and your loved ones be protected in as far as it is possible? Refer to the article published on pp 14 -16 in Servamus: January 2020 to determine the NCAP safety rating of many cars on SA’s roads.

    Have you ever taught about your car’s safety when you are involved in a vehicle crash? Will you and your loved ones be protected in as far as it is possible? Refer to the article published on pp 14 -16 in Servamus: January 2020 to determine the NCAP safety rating of many cars on SA’s roads.

  • We all have a responsibility to create a safer world for our children – that includes on our roads. Sadly, vehicle crashes are some of the leading causes for child deaths. Walk This Way is a ChildSafe intervention project that aims to address child pedestrian safety – refer to the article in Servamus: January 2020 on pp 34-35 giving more details.

    We all have a responsibility to create a safer world for our children – that includes on our roads. Sadly, vehicle crashes are some of the leading causes for child deaths. Walk This Way is a ChildSafe intervention project that aims to address child pedestrian safety – refer to the article in Servamus: January 2020 on pp 34-35 giving more details.

  • Many people opt to go on a boat cruise for a holiday. Yet, there are many aspects that can affect the passengers and crew’s safety necessitating such cruise liners to have adequately trained security personnel. Refer to the article in Servamus: January 2020 on pp 30-32 about what is done to mitigate treats to such cruise liners.

    Many people opt to go on a boat cruise for a holiday. Yet, there are many aspects that can affect the passengers and crew’s safety necessitating such cruise liners to have adequately trained security personnel. Refer to the article in Servamus: January 2020 on pp 30-32 about what is done to mitigate treats to such cruise liners.

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- S V Myeni 2019(1) SACR 360 (ECG)

Relevant legal provisions

Sections 86, 87, 88 and 89 of the Electronic Communications and Transactions Act (ECT) 25 of 2002* (hereinafter referred to as Act 25 of 2002) provide as follows:

“Unauthorised access to, interception of or interference with data

86.(1) Subject to the Interception and Monitoring Prohibition Act 127 of 1992, a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence.

(2) A person who intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective, is guilty of an offence.

(3) A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security measures for the

protection of data, performs any of those acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilise such item to contravene this section, is guilty of an offence.

(4) A person who utilises any device or computer program mentioned in subsection (3) [supra] in order to unlawfully overcome security measures designed to protect such data or access thereto, is guilty of an offence.

(5) A person who commits any act described in this section [86] with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users is guilty of an offence.

Computer-related extortion, fraud and forgery

87.(1) A person who performs or threatens to perform any of the acts described in section 86 [supra], for the purpose of obtaining any unlawful proprietary advantage by undertaking to cease or desist from such action, or by undertaking to restore any damage caused as a result of those actions, is guilty of an offence.

(2) A person who performs any of the acts described in section 86 [supra] for the purpose of obtaining any unlawful advantage by causing fake data to be produced with the intent that it be considered or acted upon as if it were authentic, is guilty of an offence.

Attempt, and aiding and abetting [in Afrikaans text: ‘Poging en hulpverlening’]

88.(1) A person who attempts to commit any of the offences referred to in sections 86 and 87 [supra] is guilty of an offence and is liable on conviction to the penalties set out in section 89(1) or (2) [infra], as the case may be.

(2) Any person who aids and abets someone to commit any of the offences referred to in sections 86 and 87 [supra] is guilty of an offence and is liable on conviction to the penalties set out in section 89(1) or (2) [infra], as the case may be.

Penalties

89.(1) A person convicted of an offence referred to in sections 37(3), 40(2), 58(2), 80(5). 82(2) or 86(1), (2) or (3) [of this Act 25 of 2002] is liable to a fine or imprisonment for a period not exceeding 12 months.

(2) A person convicted of an offence referred to in section 86(4) or (5) or section 87 [supra] is liable to a fine or imprisonment for a period not exceeding five years.”

(Particulars in square brackets inserted by Pollex.)

The sections supra must of course be read with the word definition of “data” as it appears in section 1 of this Act 25 of 2002 namely, that, “data means electronic representations of information in any form”.

******************************

[This is only an extract of a discussion published in Pollex legal column in Servamus: October 2019 from pp 64-66. The rest of the discussion reminds investigating officers about other offences which they can charge cybercriminals with prior to the enactment of the Cybercrimes and Cybersecurity Bill and the outcome of this trial. 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 - January 2020

It is just after 05:00 in a cold, windy and rainy Cape Town when the packed train pulls onto platform three.
By Kotie Geldenhuys
One of the very sad consequences of every holiday season is the high number of vehicle crashes happening on our roads - not only resulting in people losing loved ones, but also leaving many drivers and passengers seriously injured or even disabled.
By Annalise Kempen
A lot is being said and written about vehicle fitness and road-worthiness, but what about your own fitness to drive a vehicle?
By Annalise Kempen
In South Africa, fatalities due to vehicle crashes are a major contributor to unnatural deaths impacting negatively on our economic development and growth.
By Kotie Geldenhuys

Pollex - January 2020

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Section 59 of the National Road Traffic Act 93 of 1996 (“the NRTA”) provides as follows:
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Introduction Certain provisions of the Intimidation Act 72 of 1982 were recently referred to our Constitutional Court (“the Concourt”) in order to challenge their constitutionality.

Letters - January 2020

We salute Brig Mauritz "Happy" Schutte who was born on 4 September 1951, but was called for higher duties to be with his Lord and Saviour, our God Almighty on 9 October 2019, succumbing to the illness of cancer.
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January 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.