• 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.

  • 1
  • 2
  • 3
  • 4

- 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.

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

[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.]

0
0
0
s2sdefault
powered by social2s

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.