• We are increasingly paying more attention to the damaging impact that environmental crime has on the environment and ecosystems, peace, security and development. Read the article in Servamus: September 2017 from pp 10 – 13.

    We are increasingly paying more attention to the damaging impact that environmental crime has on the environment and ecosystems, peace, security and development. Read the article in Servamus: September 2017 from pp 10 – 13.

  • Ever thought about the security risks associated with the illegal dumping of medical waste on dump sites in South Africa? We tell you more about prosecution and minimising the risk of cross-contamination. Read the article in Servamus: September 2017 from pp 34-35.

    Ever thought about the security risks associated with the illegal dumping of medical waste on dump sites in South Africa? We tell you more about prosecution and minimising the risk of cross-contamination. Read the article in Servamus: September 2017 from pp 34-35.

  • Did you know that there was a link between pollution and crime? We didn’t, until we researched the topic and found that exposure to toxic substances (including lead) was higher among violent criminals. Interesting! Read the article in Servamus: September 2017 from pp 31 – 33.

    Did you know that there was a link between pollution and crime? We didn’t, until we researched the topic and found that exposure to toxic substances (including lead) was higher among violent criminals. Interesting! Read the article in Servamus: September 2017 from pp 31 – 33.

  • Following a spate of criminal incidents around the OR Tambo International Airport, the Minister of Police unveiled the integrated multi-disciplinary tactical security plan for this national key point. Read the article in Servamus: September 2017 from pp 50-51.

    Following a spate of criminal incidents around the OR Tambo International Airport, the Minister of Police unveiled the integrated multi-disciplinary tactical security plan for this national key point. Read the article in Servamus: September 2017 from pp 50-51.

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- S V Mukuyu 2017 (2) SACR 27 (GJ)

Background

Section 51(2)(a)(i) of the Criminal Law Amendment Act 105 of 1997 (“Act 105 of 1997”) provides as follows:

“51. Discretionary minimum sentences for certain serious offences

(1) …

(2) Notwithstanding any other law but subject to subsections (3) and (6) [of section 51], a regional court or a High Court shall sentence a person who has been convicted of an offence referred to in -

(a) Part II of Schedule 2 [of this Act 105 of 1997], in the case of -

(i) a first offender, to imprisonment [incarceration] for a period not less than 15 years;

(3) to (9) …”

(Emphasis added and particulars in square brackets inserted.)

For as far as it is relevant to this discussion, Part II of Schedule 2 inter alia provides for -

“Any offence referred to in section 13(f) of the Drugs and Drug Trafficking Act 140 of 1992, if it is proved that -

  • the value of the dependence-producing substance in question is more than R50 000”.

(Emphasis added.)

Section 35(3)(a) of our Constitution provides as follows:

  • “(3) Every accused person has a right to a fair trial which includes the right -to be informed of the charge with sufficient detail to answer it.”

(Emphasis added.)

In plain language this means that “a proper charge-sheet is required”.

Discussion

In the matter under discussion, Ms Mukuyu, a 36-year-old single mother (hereinafter referred to as the accused), was convicted before the regional court in Kempton Park, of contravening section 5(b), read together with section 13 of the Drugs and Drug Trafficking Act 140 of 1992 by dealing in illicit drugs.

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[This is only an extract of discussion published in Pollex in Servamus: September 2017. Contact Servamus’s offices to request the rest of this interesting discussion by sending an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or by phoning (012) 345 4660/22.]

Servamus - September 2017

In June 2017, two Chinese nationals were removed from an Istanbul-bound plane just before take-off at OR Tambo International Airport in Gauteng.
By Kotie Geldenhuys
Elephants are hunted for their ivory and rhinos for their horns. Pangolins, lions and leopards are killed for the muti trade.
By Kotie Geldenhuys
It is a hot, peaceful summer's day in Africa. A herd of elephants is peacefully feeding on small bushes and trees on one of the plains while the persistent and deafening drone of the cicadas pulses through the air.
By Kotie Geldenhuys
When we throw something into the garbage bin, we seldom think about its destination. All the discarded plastic bags, broken cellphones and televisions, used batteries and bulbs, glass bottles and old stoves contribute in some way to environmental pollution.
By Kotie Geldenhuys

Pollex - September 2017

Read More - Director of Public Prosecutions, Western Cape v Parker 2015 (2) SACR 109 (SCA)
Step-in-Time Supermarket CC*, a registered Value-Added Tax (VAT) vendor (Afrikaans: “ondernemer”), and Mr Parker, its sole representative, were charged in the regional court in Bellville in the Cape Peninsula on a number of counts under the Income Tax Act 58 of 1962 and the Value-Added Tax Act 89 of 1991 (the VAT Act) respectively.
Read More - S V Mandlozi 2015 (2) SACR 258 (FB)
Ms Lindiwe Mandlozi, also known as Leopoldina Maconze (hereinafter referred to as the accused), was convicted before the regional court in Kroonstad in the Free State (the trial court) of contravention of section 5(b) of the Drugs and Drug Trafficking Act 140 of 1992, read together with certain specified provisions thereof.
Read More - S V Mukuyu 2017 (2) SACR 27 (GJ)
Section 51(2)(a)(i) of the Criminal Law Amendment Act 105 of 1997 (“Act 105 of 1997”) provides as follows: “51. Discretionary minimum sentences for certain serious offences
In a publication unrelated to Servamus, Pollex recently remarked as follows as far as Act 60 of 2000 is concerned:

Letters - September 2017

Two former police officers, viz Capt Saravanan Govender and Raju Ellapen, were honoured, appreciated and recognised for the enormous contributions and life-changing experiences they imparted into the lives of thousands of Indian policemen and -women at both the Wentworth and Chatsworth Indian Police Colleges.
The SAPS does not always get a good rap so I would like to commend your members on the dealings we had with them.
The National Council of SPCAs (NSPCA) would like to express our gratitude to members of Ladysmith and QwaQwa SAPS for their assistance with a donkey case recently handled by the NSPCA.
On Saturday 15 July 2017, at around 19:00, I was off duty and took my family to pick up a few things from a café in Swartruggens near the N4, using my private vehicle.
I’m extremely thankful to W/O Van Graan and his two colleagues, W/O Bothma and Sgt Manus from K9 Breede River Worcester, for “saving my life” following an incident on 4 July 2017.
September 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.