• Bullying is a serious issue in schools. We remind about the relevant legislation and definitions in the first of three articles about dealing with school bullies. Read this article in the December 2017 issue of Servamus.

    Bullying is a serious issue in schools. We remind about the relevant legislation and definitions in the first of three articles about dealing with school bullies. Read this article in the December 2017 issue of Servamus.

  • The SAPS is adamant that they want to deal with police members who lead double lives and are susceptible to corrupt activities. All SAPS employees should read this article in the December 2017 issue of Servamus about what it being done to root out corruption.

    The SAPS is adamant that they want to deal with police members who lead double lives and are susceptible to corrupt activities. All SAPS employees should read this article in the December 2017 issue of Servamus about what it being done to root out corruption.

  • Are you a sucker for #FakeNews? We share valuable tips how to distinguish between the good, the bad and the ugly in the December 2017 issue of Servamus.

    Are you a sucker for #FakeNews? We share valuable tips how to distinguish between the good, the bad and the ugly in the December 2017 issue of Servamus.

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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.

..............................

[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 - December 2017

A Free State farmer responded to an OLX advert from someone selling animal feed. "I wanted to buy cattle feed, so I deposited the R21 000 immediately after I verified the seller's banking details," he said.
By Kotie Geldenhuys
During mid-October 2017, social media was awash with the news that approximately 30 million South Africans' personal information had been hacked.
By Annalise Kempen
There is no positive light in which to paint the latest crime statistics released by the Minister of Police, Fikile Mbalula, on 24 October 2017.
By Annalise Kempen
Ben is a 14-year-old teenage boy who comes across the online game the Blue Whale. While playing this game, he has to complete one challenge after another.
By Kotie Geldenhuys

Pollex - December 2017

Years ago, when General Motors “was still a sergeant”, the police’s motto was “Servamus et Servimus”, meaning “we protect and we serve”.
Read More - S V Phillips 2017 (1) SACR 373 (SCA)
Background Section 4(1) of the Prevention and Combating of Corrupt Activities Act 12 of 2004 (hereinafter referred to as Act 12 of 2004) provides as follows:
Read More - S V Setlholo 2017 (1) SACR 544 (NCK)
In this case the accused was, at the time of committing the two offences concerned, a constable in the SAPS.

Letters - December 2017

While participating in the SAPS National Half-marathon held in Rustenburg during October 2017, I decided that I wanted to run all the marathon races in the Bay during 2018.
On Wednesday 1 November 2017, at approximately 10:00, Capt B R Simpson and Const T E Ntuli from the FLASH Unit at SAPS Emanguzi were travelling along the R22 main road (Engozeni area) towards the Farazela Port of Entry at the Mozambican border.
South African communities are faced with various crimes and it has been a challenge to every citizen to play a role in bringing all perpetrators to justice by working hand-in-hand with the South African Police Service.
Members of the social crime prevention office of Emanguzi SAPS have been working hard to bring awareness to the local communities in an effort to protect the most vulnerable and youngest members in our communities.
December 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.