• Teenagers and alcohol don’t mix. What are parents’ responsibilities to ensure that their children don’t abuse alcohol? We give a variety of tips in our Community Safety feature in the June 2017 issue of Servamus.

  • Tennis star Bob Hewitt found guilty 30 years after committing sexual abuse against those he coached. Read the details about what had happened in the Crime Series published in the June 2017 issue of Servamus.

  • Sexting – the exchange of sexual messages or images – is a reality in schools. Teachers and learners are perpetrators and it is important to know about the dangers. Read our article in the June 2017 issue of Servamus.

  • Teenage alcohol abuse combined with sexting can have devastating & deadly consequences. Parents need to get involved to prevent their children from becoming victims. Read our article in the June 2017 issue of Servamus.

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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.


[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 - June 2017

In April 2013, a 17-year-old girl named Rehtaeh Parsons, was removed from life support and subsequently died.
By Kotie Geldenhuys
"Can you crawl through my window? I will do whatever you want. I want it to be first-class. First-class hotel, champagne and good sex."
By Kotie Geldenhuys
It is night-time in the city. Flashing neon lights and soft streetlamps create shadowy images across the pavement.
By Kotie Geldenhuys
In May 2017, the story broke that a young 22-year-old water polo teacher at Parktown Boys High had been accused of sexually grooming and assaulting more than 20 schoolboys, aged between 15 and 16 years, at this top school in Johannesburg.
By Kotie Geldenhuys

Pollex - Jun 2017

Read More - Gareth Prince, Jonathan David Rubin, Jeremy David Acton and Others v Minister of Justice and Constitutional Development, National Director of Public Prosecutions (NDPP) and Others, unreported case no 8760/2013 dated 31 March 2017, Western Cape High Court (WCC)
This is the much-publicised case regarding an application by the three applicants supra, before a full bench of three judges of the High Court in Cape Town ("the court"), for a declaration that certain legislative provisions that prohibit the use, possession, purchase and cultivation for personal or communal consumption of cannabis (also referred to as "dagga" and/or "marijuana"), are invalid.
Read More - S V [Bob] Hewitt 2017 (1) SACR 309 (SCA)
This is the much-publicised case of the retired, world-renowned champion tennis player and instructor/coach, Bob Hewitt, who was convicted by the High Court in Pretoria on two counts of rape* and one count of indecent assault*.
Read More – Burford v Minister of Police, unreported case no CA 128/2015 dated 10 November 2015 (ECG)
Background Section 50 (1)(a),(b),(c) and (d)(i) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

Letters - Jun 2017

I am a retired member of the SAPS and I collect all kinds of SAPS memorabilia from the inception of the South African Police in 1913 right to the present.
I am a retired member of the South African Police Service (SAPS) and I would like to purchase a blue leather uniform jacket as worn by SAPS members.
On 21 April 2017, police colleagues of D/W/O Petrus Oelofse attended his farewell function, which was hosted by the Jeffreys Bay Stock Theft Unit.
June 2017 Magazine Cover

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