• 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.

    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.

    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.

    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.

    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.

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- S V MM 2018 (1) SACR 18 (GP)

Introduction
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].

(2) A child who is 10 years or older but under the age of 14 years and who commits an offence is presumed to lack criminal capacity, unless the State proves that s/he has criminal capacity in accordance with section 11 [of the CJA].


(3) The common law pertaining to the criminal capacity of children under the age of 14 years is hereby amended to the extent set out in this section [7].”

(Emphasis added and particulars in square brackets inserted.)

Background
The accused was charged in the regional court in Tsakane in Gauteng, with the offence of contravening section 51(3) of the Criminal Law Amendment Act 105 of 1997 (sic) by inserting his fingers into the anus of a six-year-old complainant (sic)*. The accused pleaded guilty whereupon his legal representative handed in a statement in terms of section 112 of the Criminal Procedure Act 51 of 1977 (“the CPA”).

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[This is only an extract of a court case published in Pollex Legal Column in Servamus: May 2018.
To enquire how to obtain the rest of the article, 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 -May 2018

“Ever since the incident, I’ve never felt the same and my life is not normal."
By Kotie Geldenhuys
Imagine sending your children to a school where the teachers are armed with pistols?
By Annalise Kempen
“Every day do something that will inch you closer to a better tomorrow.” - Doug Firebaugh.
By Annalise Kempen
Social workers found Manny in the care of a Portuguese-speaking woman who was not his mother.
By Kotie Geldenhuys

Pollex - May 2018

Read More - 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*.
Read More - 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
Read More - 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.

Letters - May 2018

Lt-Col V G Naidoo, a retired police officer from Durban, received an honorary membership of the SAPS Athletics Association for his invaluable contribution to the sport over a number of years.
The Special Investigations Unit of the National Council of SPCAs has been strongly supported by the West Rand K9 Unit and has been assisted by some very dedicated and passionate police officials in their endeavours to bring the perpetrators of animal cruelty to justice.
Following the excellent investigation conducted by Capt Swanepoel, Adv Marius Stander, senior state advocate, wrote the following evaluation report in recognition of Capt Swanepoel's service and in order for him to be considered for an award.
May 2018 Magazine Cover

Servamus' Mission

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.