Despite heavy rains, the SAPS managed to host a successful national athletics championship in Pretoria at the end of March 2018. Read about the events and the winners in Servamus: May 2018 from pp 52-54.
Part 2 of our Crime Series discussing the shocking events of how Christopher Panayiotou had his lovely wife, Jayde, killed. Read about his conviction and sentence in Servamus: May 2018 from pp 34-43.
On 26 March 2018, the Western Cape Department of Community Safety and the City of Cape Town recognised the top Neighbourhood Watch structures in the Cape Town Metropole for their contribution to fight crime. Read the article in Servamus: May 2018 from pp 46-49.
Children should be taught about road safety from an early start – but parents have an equally important responsibility to ensure that the transport their children use to school is safe and registered. Read our articles in Servamus: May 2018 from pp 56-59.
- S V DW 2017 (1) SACR 336 (NCK)
The accused, Mr DW, appeared before the magistrates’ court (apparently in the town of Kakamas, near Upington), on a charge of housebreaking with intent to commit an offence unknown to the prosecutor*.
The accused, who was legally represented by a representative of Legal Aid South Africa, pleaded guilty to the charge in terms of section 112(2) of the Criminal Procedure Act 51 of 1977, which plea was accepted by the public prosecutor. From the presiding magistrate’s questioning it became apparent that the actual offence committed was in fact housebreaking with intent of contravening section 1(1) of the Trespass Act 6 of 1959*.
- S V MM 2018 (1) SACR 18 (GP)
Section 7 of the Child Justice Act 75 of 2008 (“the CJA”) provides as follows:
“7. Minimum age of criminal capacity
(1) A child who commits an offence while under the age of 10 years does not have criminal capacity [Afrikaans: ‘toerekeningsvatbaarheid’] and cannot be prosecuted for that offence, but must be dealt with in terms of section 9 [of the CJA].
- NDPP v Mr PDP and Others 2017 (2) SACR 577 (NCK)
First, Pollex was told that only a person with a valid driving licence can be the owner of a motor vehicle, except when such person pays cash for the motor vehicle concerned. Pollex, however, never bothered to check the validity of this information.
Second, Pollex has always been under the impression that the provisions of section 31 of the Criminal Procedure Act 51 of 1977 (“the CPA”) - and for that matter, also section 32 of the CPA - may only be applied by members of the SAPS and not by our courts of law (except of course on appeal and/or review).
The following will reveal whether the abovementioned information that Pollex had at hand is correct.