• The police or army alone CANNOT solve the gang problem! We explain why in a comprehensive article published in Servamus: February 2020, from p 30 to p 35.

    The police or army alone CANNOT solve the gang problem! We explain why in a comprehensive article published in Servamus: February 2020, from p 30 to p 35.

  • Are outlaw motorcycle and mobile gangs, macho men or criminals on bikes? We ask whether anything good comes from these gangs? Read the article in Servamus: February 2020, from p 26 to p 29.

    Are outlaw motorcycle and mobile gangs, macho men or criminals on bikes? We ask whether anything good comes from these gangs? Read the article in Servamus: February 2020, from p 26 to p 29.

  • A total of 4971 new, eager constables joined the SAPS in December 2019 when their passing-out parades were held. Read about their training in Servamus: February 2020, from p 60 to p 61.

    A total of 4971 new, eager constables joined the SAPS in December 2019 when their passing-out parades were held. Read about their training in Servamus: February 2020, from p 60 to p 61.

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- S v Smith 2017 (1) SACR 520 (WCC)

Background
Section 18 of the Riotous Assemblies Act 17 of 1956* provides as follows:

“18.(1) Any person who attempts to commit any offence, against a statute or a statutory regulation shall be guilty of an offence and, if no punishment is expressly provided thereby for such an attempt, be liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.

(2) Any person who -

(a) conspires with any other person to aid or procure the commission of or to commit; or

(b) incites, instigates; commands, or procures any other person to commit, any offence, whether at common law or against a statute or statutory regulation, shall be guilty of an offence and liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.”

Note that the so-called inchoate, incomplete or anticipatory crimes and/or offences* supra, are all statu-tory offences in terms of section 18 of the Riotous Assemblies Act 17 of 1956. Note further that these are Schedule 1 of the Criminal Procedure Act 51 of 1977 offences*, but only if such conspiracy, incitement or attempt is in respect of a Schedule 1 offence - such as murder.

Remember then that conspiracy to commit an offence (any offence), can only take place where two or more persons are involved.

Also see what the learned author Snyman has to say on pp294-297 of his Criminal Law, fifth edition as published by LexisNexis. However, in this latter (Snyman) regard, see S v Kwatsha 2004 (2) SACR 564 (ECD) as discussed by Pollex in Servamus: June 2005.

In the last instance, by way of background, can a person be convicted of an attempt (which is one of the so-called incomplete offences supra), to commit another incomplete offence namely, conspiracy? In the light of the Supreme Court of Appeal judgment in S v Kekana 2013 (1) SACR 101
(SCA), the answer is “yes”. Refer to Pollex in Servamus: June 2013 where Kekana is discussed, as well as all the relevant remarks made at the time by Pollex.

For the sake of completeness: is an attempt to incite a person to commit an offence, legally speaking, possible? The answer is “yes” - see S v Nkosiyana 1966 (4) SA 655 (A).

Discussion
In the matter under discussion, namely S v Smith, Mr Smith (hereinafter referred to as the accused) and Mr Alan Kusevitsky (hereinafter referred to as Mr AK) were joint owners of City Bowl Armed Response (CBAR), a security business in Cape Town. As time passed, Mr AK discovered that the accused had misappropriated some of the business's income for his own account. Mr AK confronted the accused and after some time the latter agreed to repay Mr AK.

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[This is only an extract of this legal discussion that is published in Servamus: February 2020. If you are interested in reading 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 contact us at tel: (012) 345 4660/22 to find out how.]

 

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Servamus - February 2020

Imagine seeing death even before you are old enough to go to primary school.
By Kotie Geldenhuys
When members from the 26 and 28 number gangs engaged in a battle during August 2018, it caused havoc at the Pollsmoor Correctional Centre.
By Kotie Geldenhuys
In a country where there is limited trust in the authorities, many communities welcome vigilante or mob justice groups that promise to stop gang violence and other crime in their areas.
By Kotie Geldenhuys
Imagine a 12-year-old primary schoolchild peddling drugs at school for a gang!
By Annalise Kempen

Pollex - February 2020

Read More - Director of Public Prosecutions (DPP), Gauteng Division, Pretoria v Hamisi 2018 (2) SACR 230 (SCA)
Section 51(1), read together with the item “rape” as referred to in Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997 (hereinafter referred to as the Minimum Sentences Act)
Read More - S v Smith 2017 (1) SACR 520 (WCC)
Background Section 18 of the Riotous Assemblies Act 17 of 1956* provides as follows:
Read More - S v Serame 2019 (2) SACR 407 (GJ)
Acting Judge James Grant was presiding in this murder trial before the High Court in Johannesburg.
In Servamus: January 2019, Pollex, inter alia remarked that “we often hear about all the arrests that are made for the crime of public violence (Afrikaans: ‘openbare geweld’)”.

Letters - February 2020

Congratulations to these Servamus subscribers who have won books in the competition that was published in Servamus: November 2019.
I would thank you for your magazine’s article on Sinoville’s 16 days of activism published in the January 2020 issue of Servamus.
Retired police officers from Pietermaritzburg and Durban held their year-end functions at the end of 2019 in the respective cities.
Lede van die oud-Eenheid 19 kom jaarliks bymekaar om te kuier en op te vang met ander oud-lede.
February 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.