• 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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- Director of Public Prosecutions (DPP), Gauteng Division, Pretoria v Hamisi 2018 (2) SACR 230 (SCA)

Relevant legislation
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)

“51. Discretionary minimum sentences for certain serious offences

(1) Notwithstanding any other law, but subject to subsections (3) and (6) [of this section 51], a regional court or a high court shall sentence a person it has convicted of an offence referred to in Part I of Schedule 2 [of this Minimum Sentences Act] to imprisonment [incarceration] for life.

(2) to (8)…”

(Emphasis added and words in square brackets inserted by Pollex.)

Part I of Schedule 2 of the said Minimum Sentences Act

“Murder …

Rape as contemplated in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 -

(a) …

(b) where the victim -

(i) is a person under the age of 16 years;

(c) …”

“Compelled rape as contemplated in section 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 -

(a) …

(b) where the victim -

(i) is a person under the age of 16 years;

(c) …”

Discussion
Mr Hamisi, the accused, was convicted by the regional court, Bronkhorstspruit (“the trial court”) on a charge of rape of a 12-year-old girl in contravention of section 3 of Act 32 of 2007 supra, read with the provisions of section 51(1) and read further with Part 1 of Schedule 2 of the Minimum Sentences Act supra. The accused was sentenced to life incarceration.

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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.
By Kotie Geldenhuys
South Africans often grapple with terminology in the legal and judicial space as some have differing international applications and the public tend to believe the version they see on television.
By Annalise Kempen
On the first day of Autumn 2020 and during the writing of this article, eight-year-old Tazne van Wyk, was laid to rest.
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Pollex - April 2020

It is no secret that Pollex is a supporter of the “death sentence” being reinstated in the legal system of the RSA, in respect of certain specified, convicted offenders.
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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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April 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.