• 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 Bomvana 2019 (1) SACR 418 (ECM)

Relevant legislation

Section 174 of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

“174. Accused may be discharged at close of case for prosecution

If, at the close of the case for the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which s/he may be convicted on the charge, it may return a verdict of not guilty.”

Background
Mr Bomvana, the accused, was standing trial before the High Court in Mthatha in the Eastern Cape on charges of two counts of murder (related to minibus-taxi feuds); attempted murder; alternatively, conspiracy to commit murder; two counts of unlawful possession of a firearm; and two counts of unlawful possession of ammunition.

At the end of the State/prosecution’s case, the accused applied for his discharge in terms of section 174 of the CPA supra.

Discussion
During the main trial, a trial-within-a-trial was held to determine the admissibility of certain statements made by the accused. The State’s evidence, provided by a SAPS commissioned officer, was that the accused was not regarded as a suspect when the police went to fetch him at a building site and took him to the police station where police officials questioned him without explaining his constitutional rights to him up until the accused implicated himself. He was then arrested and then informed of his constitutional rights.

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[This is only an extract of a discussion published in Pollex legal column in Servamus: October 2019 from pp 66. 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.
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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.
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A lot is being said and written about vehicle fitness and road-worthiness, but what about your own fitness to drive a vehicle?
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In South Africa, fatalities due to vehicle crashes are a major contributor to unnatural deaths impacting negatively on our economic development and growth.
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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.