• During the past couple of weeks, a number of police officials, including from the Hawks, were brutally gunned down. The murder of these dedicated police officials is a loss for each South Africa and we pay tribute to some of them in our article published from p 40-43 of Servamus: April 2020.

    During the past couple of weeks, a number of police officials, including from the Hawks, were brutally gunned down. The murder of these dedicated police officials is a loss for each South Africa and we pay tribute to some of them in our article published from p 40-43 of Servamus: April 2020.

  • This short series of articles, published from pp 18-23 in Servamus: April 2020, explain the role of legal professionals, including advocates and attorneys; the role of the family advocate and the role of the sheriff.

    This short series of articles, published from pp 18-23 in Servamus: April 2020, explain the role of legal professionals, including advocates and attorneys; the role of the family advocate and the role of the sheriff.

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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 - April 2020

South Africa needs to assemble its best resources to fight the scourge of corruption, fraud and organised crime.
By Kotie Geldenhuys
There are times when we celebrate the sentences handed down to offenders for the crimes they committed.
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Letters - April 2020

On Monday 9 March 2020, D/Sgt Mokowe, Const Kwatise and Const Mataa reacted to a complaint at one of the bank branches in Swartruggens.
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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.