• The police or army alone CANNOT solve the gang problem! We explain why in a comprehensive article published in Servamus: February 2020, from p 30 to p 35.

    The police or army alone CANNOT solve the gang problem! We explain why in a comprehensive article published in Servamus: February 2020, from p 30 to p 35.

  • Are outlaw motorcycle and mobile gangs, macho men or criminals on bikes? We ask whether anything good comes from these gangs? Read the article in Servamus: February 2020, from p 26 to p 29.

    Are outlaw motorcycle and mobile gangs, macho men or criminals on bikes? We ask whether anything good comes from these gangs? Read the article in Servamus: February 2020, from p 26 to p 29.

  • A total of 4971 new, eager constables joined the SAPS in December 2019 when their passing-out parades were held. Read about their training in Servamus: February 2020, from p 60 to p 61.

    A total of 4971 new, eager constables joined the SAPS in December 2019 when their passing-out parades were held. Read about their training in Servamus: February 2020, from p 60 to p 61.

  • 1
  • 2
  • 3
  • 4

– Moyo and Another V Minister of Police and Others; Sonti and Another V Minister of Police and Others (CCT 174/18; CCT 178/18) [2019] ZACC 40 (22 October 2019) (CC)

Introduction
Certain provisions of the Intimidation Act 72 of 1982 were recently referred to our Constitutional Court (“the Concourt”) in order to challenge their constitutionality. Note that this Intimidation Act is a relatively short statute.

After considering the application before it, nine Concourt judges presiding in the matter, unanimously came to the conclusion that the Intimidation Act must be amended as follows:

“INTIMIDATION ACT 72 OF 1982

[ASSENTED TO 22 MAY 1982]
[DATE OF COMMENCEMENT: 2 JUNE 1982]

(Afrikaans text signed by the State President)

as amended by

Internal Security and Intimidation Amendment Act 138 of 1991

Criminal Law Second Amendment Act 126 of 1992

ACT

To prohibit certain forms of intimidation and to provide for matters connected therewith.
1 Prohibition of and penalties for certain forms of intimidation
(1) Any person who -
(a) without lawful reason and with intent to compel or induce any person or persons of a particular nature, class or kind or persons in general to do or to abstain from doing any act or to assume or to abandon a particular standpoint -
(i) assaults, injures or causes damage to any person; or
(ii) in any manner threatens to kill, assault, injure or cause damage to any person or persons of a particular nature, class or kind; or
(b) acts or conducts himself in such a manner or utters or publishes such words that it has or they have the effect, or that it might reasonably be expected that the natural and probable consequences thereof would be, that a person perceiving the act, conduct, utterance or publication-
(i) fears for his own safety or the safety of his property or the security of his livelihood, or for the safety of any other person or the safety of the property of any other person or the security of the livelihood of any other person; and
(ii) ......
shall be guilty of an offence and liable on conviction to a fine not exceeding R40 000 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
(2) In any prosecution for an offence under subsection (1), the onus of proving the existence of a lawful reason as contemplated in that subsection shall be upon the accused, unless a statement clearly indicating the existence of such a lawful reason has been made by or on behalf of the accused before the close of the case for the prosecution.

1A Intimidation of general public, particular section of population or inhabitants of particular area
(1) Any person who with intent to put in fear or to demoralise or to induce the general public, a particular section of the population or the inhabitants of a particular area in the Republic to do or to abstain from doing any act, in the Republic or elsewhere -
(a) commits an act of violence or threatens or attempts to do so;
(b) performs any act which is aimed at causing, bringing about, promoting or contributing towards such act or threat of violence, or attempts, consents or takes any steps to perform such act;

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[This is only an extract of this legal discussion. If you are interested in reading the rest of the discussion, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or contact us at tel: (012) 345 4660/22 to find out how.]

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Servamus - February 2020

Imagine seeing death even before you are old enough to go to primary school.
By Kotie Geldenhuys
When members from the 26 and 28 number gangs engaged in a battle during August 2018, it caused havoc at the Pollsmoor Correctional Centre.
By Kotie Geldenhuys
In a country where there is limited trust in the authorities, many communities welcome vigilante or mob justice groups that promise to stop gang violence and other crime in their areas.
By Kotie Geldenhuys
Imagine a 12-year-old primary schoolchild peddling drugs at school for a gang!
By Annalise Kempen

Pollex - February 2020

Read More - Director of Public Prosecutions (DPP), Gauteng Division, Pretoria v Hamisi 2018 (2) SACR 230 (SCA)
Section 51(1), read together with the item “rape” as referred to in Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997 (hereinafter referred to as the Minimum Sentences Act)
Read More - S v Smith 2017 (1) SACR 520 (WCC)
Background Section 18 of the Riotous Assemblies Act 17 of 1956* provides as follows:
Read More - S v Serame 2019 (2) SACR 407 (GJ)
Acting Judge James Grant was presiding in this murder trial before the High Court in Johannesburg.
In Servamus: January 2019, Pollex, inter alia remarked that “we often hear about all the arrests that are made for the crime of public violence (Afrikaans: ‘openbare geweld’)”.

Letters - February 2020

Congratulations to these Servamus subscribers who have won books in the competition that was published in Servamus: November 2019.
I would thank you for your magazine’s article on Sinoville’s 16 days of activism published in the January 2020 issue of Servamus.
Retired police officers from Pietermaritzburg and Durban held their year-end functions at the end of 2019 in the respective cities.
Lede van die oud-Eenheid 19 kom jaarliks bymekaar om te kuier en op te vang met ander oud-lede.
February 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.