• Do you have anger issues? Are you dealing with them or do you grab a knife, a panga or a brick to attack another person when you get angry? We ask whether there is a link between anger and crime. Refer to the article published in Servamus: July 2020 on p10 to p12.

    Do you have anger issues? Are you dealing with them or do you grab a knife, a panga or a brick to attack another person when you get angry? We ask whether there is a link between anger and crime. Refer to the article published in Servamus: July 2020 on p10 to p12.

  • Citizens are often unsure what they need to do when they are subjected to abuse or acts of brutality by police members. We provide you with valuable tips on what to do and contact details where to report such abuse. Read the article published in Servamus: July 2020 on p50 to p53.

    Citizens are often unsure what they need to do when they are subjected to abuse or acts of brutality by police members. We provide you with valuable tips on what to do and contact details where to report such abuse. Read the article published in Servamus: July 2020 on p50 to p53.

  • The members of the Investigative Psychology Section of the SAPS do much more than to “get into the mind of a criminal”. They render a vital role to assist investigating officers with any psychologically-motivated crimes.  Read more about their work in an article published in Servamus: July 2020 on p40 and p41.

    The members of the Investigative Psychology Section of the SAPS do much more than to “get into the mind of a criminal”. They render a vital role to assist investigating officers with any psychologically-motivated crimes.  Read more about their work in an article published in Servamus: July 2020 on p40 and p41.

  • 1
  • 2
  • 3
  • 4
0
0
0
s2smodern
powered by social2s

- Van Rooyen and Another V Minister of Police 2019(1) SACR 349 (NCK)

Introduction
The main characters in this legal drama are the following (note that the particulars of some of them are not mentioned in the judgment per se infra, accordingly Pollex found it on the Internet):

1. First applicant: Mr M M B van Rooyen;

2. Second applicant: Mrs M E van Rooyen;

3. Col Perumal attached to the Hawks in Kimberley: The investigating officer;

4. Lt-Col Fernando Luis attached to the Hawks in Kimberley: He administered the oath in respect of Col Perumal’s affidavit, that was used in obtaining a search warrant;

5. First respondent (Afrikaans: “verweerder”): Minister of Police;

6. Second respondent: Lt-Col W Vermeulen (station not mentioned), together with eight other police officials (all named in the warrant), executed the said warrant at the premises of the Van Rooyen couple supra, situated at 6 Schoeman Street, Kuruman in the Northern Cape; and

7. Third respondent: Col N van Heerden (station not mentioned), in his capacity as a justice of the peace (Afrikaans: “vrederegter”), issued and authorised the search warrant concerned under the provisions of section 21 of the Criminal Procedure Act 51 of 1977 (“the CPA”).

Discussion
According to Col Perumal, a section 252A of CPA under-cover operation was launched in the Northern Cape in respect of alleged illegal online gambling.

One such operation ultimately led to the search as explained in the “introduction” supra. During the search, the police seized (Afrikaans: “beslaggelê op”) accounting records whether in electronic and hard copy; bank deposits, book slips, counterfoil, print-outs; bank withdrawal slips/counterfoil/printouts; and computers and computer equipment.

After the seizure, both Mr and Mrs Van Rooyen were arrested and appeared in court.

The Van Rooyen couple thereupon approached the High Court in Kimberley (“the High Court”) for an order setting aside the said warrant, and the return of all seized items to them.

During the hearing before the High Court, the said warrant was attacked on a number of grounds, namely -

1. Conflict of interest: It was contended on behalf of Mr and Mrs Van Rooyen that the basis on which the warrant was issued, is conflicted because Col Perumal and the commissioner of oaths who administered the oath in respect of the latter’s affidavit namely, Lt-Col Luis, are attached to the same SAPS unit.

Response by the High Court: Regarding this contention, the High Court referred to the “Regulations governing the administering of an oath or affirmation” made in terms of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, as it appears in Government Notice (GN) No R 1258 dated 21 July 1972 (as amended) and published in Government Gazette (GG) No 3619 (also) dated 21 July 1972. According to regulation 7(1) of this GN, “a commissioner of oaths shall not administer an oath or affirmation relating to a matter in which he or she has an interest”. However, according to the First Schedule of this GN, “a declaration taken by a commissioner of oaths … whose only interest therein arises out of his or her employment and in the course of his or her duty”, is exempted from the provisions of regulation 7(1) supra. According to the High Court, Col Luis is such a latter person. Consequently, this contention by the Van Rooyens failed.

Note: For a detailed discussion of GN No R 1258 supra, refer to Ask Pollex in Servamus: July 2008.

2. Jurisdictional facts: The Van Rooyens further contented that Col Van Heerden did not apply his mind to the information at his disposal when authorising the warrant.

Response by the High Court: According to the High Court, the Van Rooyens are wrong in this regard. Col Van Heerden was in possession of the affidavit made by Col Perumal. According to the information contained therein it can, according to the High Court, “hardly be suggested that there was no reasonable suspicion or that no reasonable grounds existed for the issuing of the warrant”.

Consequently, this contention by the Van Rooyens likewise failed.

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

[This is only an extract of the discussion of this court case that is published in Servamus: June 2020. If you are interested in reading the rest of this discussion, please send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or contact the office at tel: (012) 345 4660. Ed.]

0
0
0
s2smodern
powered by social2s

Servamus - July 2020

Hacked to death with a panga - that was how Ed Neumeister, the 67-year-old owner of a restaurant in the Midlands of KwaZulu-Natal was killed in broad daylight on the first Saturday of June 2020 (Regchand, 2020).
By Annalise Kempen
Imagine you are sitting behind your desk at work and the bleep of an incoming message on your cellphone draws your attention.
By Kotie Geldenhuys
This month's crime series shows us once again how religion can be abused and used to cloak criminal acts.
By Kotie Geldenhuys
The number of women who have committed violent crime globally, is very small in relation to male perpetrators.
By Kotie Geldenhuys

Pollex - July 2020

Read More - S v Davids 2019 (1) SACR 257 (WCC)
Relevant legal provision According to section 1 of the Criminal Procedure Act 51 of 1977, the phrase “aggravating circumstances” (in Afrikaans text: “verswarende omstandig-hede”) is defined as follows:
Read More - S v Zabathini Jonas Case No: CA & R 99/17 dated 19 July 2019 (NCK)
Mr Zabathini Jonas, the accused, was convicted in the regional court, sitting at the town of Phillipstown in the Northern Cape Province (“the trial court”), of two counts of rape, in circumstances where the provisions of section 51 of the Criminal Law Amendment Act 105 of 1997 (also referred to as the “Minimum Sentences Act”) applied.
Background According to recent media reports, some members of the South African Police Service (“the SAPS”) and members of the South African National Defence Force (“the Defence Force”) have, generally speaking, conducted themselves incompetently, inexpertly and unprofessionally during law enforcement operations during the COVID-19 pandemic.

Letters - July 2020

After 80 days of enforcing COVID-19 lockdown regulations, 14 police officials have succumbed to the coronavirus, Police Minister Bheki Cele announced during a multi-disciplinary operation in Soweto.
It is with deep regret and sad hearts that we learnt about the passing of Kelly Ann de Villiers, the wife of W/O Jerome de Villiers.
July 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.