• The reality of prisons for many inmates is far from hoping to be rehabilitated. Instead, the reality is one of trying to protect oneself from the violence perpetrated on the inside. Read our article about the shocking reality of prison violence in the August 2017 issue of Servamus.

    The reality of prisons for many inmates is far from hoping to be rehabilitated. Instead, the reality is one of trying to protect oneself from the violence perpetrated on the inside. Read our article about the shocking reality of prison violence in the August 2017 issue of Servamus.

  • Some people seem to choose a life of violent crime. We ask whether it is due to an antisocial personality disorder or genes or whether other factors are at play. Read this interesting article in the August 2017 issue of Servamus.

    Some people seem to choose a life of violent crime. We ask whether it is due to an antisocial personality disorder or genes or whether other factors are at play. Read this interesting article in the August 2017 issue of Servamus.

  • Commercial crime is often regarded as “not so serious”. We prove the opposite in an article featured in the August 2017 issue of Servamus by giving a South African perspective to this very serious crime and the impact it has on the community and economy.

    Commercial crime is often regarded as “not so serious”. We prove the opposite in an article featured in the August 2017 issue of Servamus by giving a South African perspective to this very serious crime and the impact it has on the community and economy.

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Mr Robert Mzikayise Fisa, hereinafter referred to as the plaintiff (Afrikaans: “eiser”), claimed damages from the Minister of Police, hereinafter referred to as the defendant (Afrikaans: “verweerder”), before the High Court in East London, in the Eastern Cape Province (“the trial court”), arising from his alleged unlawful arrest, detention and assault by members of the SAPS.

During the trial, two SAPS members namely Const Asanda Nyameka and Const Professor Mgunuza, who were involved in the incident concerned, were called to testify on behalf of the defendant.

In paragraph [37] of its judgment, the trial court, inter alia, remarked that “the defendant’s version is not only improbable [Afrikaans: ‘onwaarskynlik’], but also patently false”.

On the other hand, the trial court in para [34] of its judgment remarked that “the plaintiff was a good and credible witness”, and that another witness, called on behalf of the plaintiff, was “a very impressive witness”.

Accordingly, the accepted version of what happened is that the plaintiff was employed as a barber at the Uhuru Hair Salon at Gilwell taxi rank in East London. This salon was operated from a container. On 5 January 2012, between 10:00 and 11:00, four SAPS members arrived at the salon whereupon they searched it. The police officials, however, found no contraband (Afrikaans: “smokkelware”).

The plaintiff was subsequently able to identify two of the four police officials, namely Const Asanda Nyameka and Const Professor Mgunuza.

After the search, the police officials ordered the plaintiff to accompany them to their offices and, later on, to Duncan Village Police Station. Here the plaintiff was taken into a room, made to stand on a chair which had been placed on a table, and after his arms were placed behind him and over a wooden beam, his wrists were fastened to burglar bars with a piece of wire. They then removed the chair, thereby leaving him suspended from the beam which passed between his arms and torso. His body was stabilised by the wire.

He was left in that position for a few hours while he was being questioned about dagga and mocked by the police officials. They eventually untied him from the beam and instructed him not to tell anybody about what had happened to him. They returned him to the taxi rank at approximately 16:00.

Following upon this encounter, the plaintiff went to the Frere Hospital where a doctor examined and treated him. The following day, 6 January 2012, the plaintiff consulted a private doctor and thereafter he went to Duncan Village Police Station where he laid a criminal charge of assault against the SAPS members concerned.

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[This is only an extract of this case which forms part of a discussion published in the Pollex Legal Column in the May 2017 issue of Servamus. If you are interested in obtaining the rest of the discussion, contact Servamus’s offices at tel: (012) 345 4660/22 or send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it.]

Servamus - August 2017

Asanda Baninzi and Wox Mthuthuzeli Nombewu hijacked a sergeant based at the Langebaan Airforce Base and his girlfriend, then drove them to the Mawumawu area in Nyanga.
By Kotie Geldenhuys
Who will be the next National Commissioner of the SAPS? That is the question on many concerned South Africans' lips - especially those of police members, researchers and the SAPS's partners in the fight against crime.
By Annalise Kempen
Normal, healthy people seldom dream about death. They do not see crime scenes and dead people when they close their eyes.
By Kotie Geldenhuys
For a period of 11 years the serial rapist and murderer, Jimmy Maketta, terrorised communities in the Philippi area near Cape Town.
By Kotie Geldenhuys

Pollex - August 2017

Read More - S v Parkins 2017 (1) SACR 235 (WCC)
Bradley Parkins (“the accused”) was convicted in the regional court sitting at Wynberg in the Cape Peninsula (“the trial court”) on the following six charges:
Read More - S v Mabitle 2017 (1) SACR 325 (NWM) and S v Monye and Another 2017 (1) SACR 329 (SCA)
In Ask Pollex in Servamus: August 2015, Pollex referred to a number of reported cases in respect of “contract killings”.
Read More In Servamus: June 2017, Pollex discussed the case of S v Hewitt 2017 (1) SACR 309 (SCA) (“the Hewitt case”). (The case involved the retired, world-renowned champion tennis player and instructor, Bob Hewitt.)
The Hewitt case was about three female complainants of whom two were raped and one was sexually assaulted (this offence was known as indecent assault at the time).
This month sees the last of our series of unlawful arrest and detention cases.

Letters - August 2017

Read More - An update (Servamus: December 2016
The telephone rings sharply in the charge office of Kliptown Police Station. The sergeant on duty looks up at the old clock hanging above the fireplace.
From 13 to 16 June 2017, members of the South African Police Service embarked on a trip to Mossel Bay for the Inter Provincial Soccer Championship, which was held at the D'Almeida sports ground.
Fathers’ Day was celebrated this year on 18 June, and I decided to run a special project under Social Crime Prevention for the fathers at Westville SAPS, with the wonderful support of some very gracious sponsors.
August 2017 Magazine Cover

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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.