• 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.

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- S V Masuku 2019 (1) SACR 276 (GJ)

Introduction
Mr Masuku, the accused, appeared before the regional court in Johannesburg (“the trial court”) on two charges of rape in contravention of section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, read with section 51(1) and, further read with Schedule 2 of the Criminal Law Amendment Act 105 of 1997 (which provides for minimum sentences).

The accused, who was legally represented, pleaded not guilty to both charges. On 28 August 2015, the accused was convicted on one count of rape in respect of girl complainant “BK”, and acquitted on the other count in respect of girl complainant “SK”. BK was seven years old at the time of the rape, while SK was eight years old at the time of the incident involving her.

On 10 December 2015, the accused, who was 19 years old at the time of the incidents, was sentenced to 15 years' incarceration.

Appeal proceedings
On appeal against his conviction and sentence before a full bench of three judges of the High Court in Johannesburg (“the court of appeal”), there were two aspects in terms of the way that the trial court dealt with this matter that required comment by the court of appeal.

The first matter of concern
According to the court of appeal, the trial court allowed for the naming of BK, SK and their respective mothers.

In this regard the court of appeal in para [10] of its judgment, held that “in criminal proceedings dealing with a sexual offence against a child the court is obliged to protect the child complainant in every possible way without, of course, undermining the rights of an accused person to a fair trial. This protection must surely mean that the identity of the child should be protected, for that would serve the best interests of the child. Identifying the child compromises the future of the child and places him or her at risk of being ridiculed or pitted which diminishes the dignity of the child as well as that of his or her parents. The harm suffered by the child is unnecessary and avoidable by simply protecting the identity of the child. Thus, to avoid this unnecessary harm from ensuing it is incumbent on courts to never reveal the identity of the child”.

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[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.]

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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.