• The reality of prisons for many inmates is far from hoping to be rehabilitated. Instead, the reality is one of trying to protect oneself from the violence perpetrated on the inside. Read our article about the shocking reality of prison violence in the August 2017 issue of Servamus.

    The reality of prisons for many inmates is far from hoping to be rehabilitated. Instead, the reality is one of trying to protect oneself from the violence perpetrated on the inside. Read our article about the shocking reality of prison violence in the August 2017 issue of Servamus.

  • Some people seem to choose a life of violent crime. We ask whether it is due to an antisocial personality disorder or genes or whether other factors are at play. Read this interesting article in the August 2017 issue of Servamus.

    Some people seem to choose a life of violent crime. We ask whether it is due to an antisocial personality disorder or genes or whether other factors are at play. Read this interesting article in the August 2017 issue of Servamus.

  • Commercial crime is often regarded as “not so serious”. We prove the opposite in an article featured in the August 2017 issue of Servamus by giving a South African perspective to this very serious crime and the impact it has on the community and economy.

    Commercial crime is often regarded as “not so serious”. We prove the opposite in an article featured in the August 2017 issue of Servamus by giving a South African perspective to this very serious crime and the impact it has on the community and economy.

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Legislative provisions for these types of criminals
Compiled by Kotie Geldenhuys

For a period of 11 years the serial rapist and murderer, Jimmy Maketta, terrorised communities in the Philippi area near Cape Town. He would stalk his victims like an animal, often sitting on a hill from where he had a good view of the local farms and houses. After dark he would break in, rape and kill his victims by hacking them to pieces with an axe or by bludgeoning them with a hammer. Many of his rape victims were drunk when he attacked them at night, and did not even know they had been raped. After his arrest and trial he was found guilty on 47 charges, including 19 counts of rape and 16 counts of murder.

Jimmy Maketta has been described as a psychopath who has shown no remorse and who cannot be rehabilitated. In May 2007, he was declared a dangerous criminal in the Cape High Court. Judge Abie Motala said that Maketta would be detained in prison for 25 years, whereafter he would be brought before the High Court again, for a judge to assess whether he was suitable for release back into the community. Effectively, this means that Jimmy Maketta will never become eligible for parole, and that his release from prison, if this ever happens, will depend on the ruling of a judge and not on the prison authorities.

So what makes Jimmy Maketta different to other criminals? Why has he been declared a dangerous criminal and why are others not? To answer these questions and learn more about a person being declared a dangerous criminal, Servamus spoke to Col Bronwynn Stollarz and Capt Elmarie Myburgh from the SAPS's Investigative Psychology Section.

Dangerous criminals
Col Stollarz explained that section 286A and B of the Criminal Procedure Act 51 of 1977 (CPA) deals with the declaration of a person as a "dangerous criminal". However, she said that psychiatrists and psychologists prefer using the term "risk" instead of "dangerous" as anyone can be dangerous. "If I drive a vehicle under the influence of alcohol, I am dangerous," she explained. However, for the purpose of this article and since the legislation uses the term "dangerous criminal" we will continue to use this term in our discussion.

Taking into consideration the amount of violent crime to which South Africans are exposed, it came as a surprise to hear that so few criminals are declared dangerous criminals in terms of the CPA. In South Africa there are only approximately 60 cases in which criminals have been declared to be dangerous criminals. The legislation applies to accused persons who have not been sentenced to life incarceration, and it is also up to the prosecutor to apply to court to have a person declared a dangerous criminal in terms of section 286A and 286B of the CPA.

People who have been declared dangerous criminals according to the relevant sections of the CPA include the following:

  • Jimmy Maketta was declared a dangerous criminal (refer to the related article in Servamus: January 2015).
  • André Gregory Mohammed was declared a dangerous criminal.
  • Chané van Heerden, who killed Michael van Eck in the Welkom cemetery with the help of her boyfriend, was declared a dangerous criminal. She acted on her twisted fantasies and was diagnosed with a rare condition called "shared psychotic disorder". Since Chané poses a danger to society and was declared a dangerous criminal, she will only be allowed to apply for release in 2031 - if she can convince a court that she is fit to be released back into society (refer to the related article in Servamus: November 2013).
  • Petrus Pheelo Molora, a serial rapist, was declared a dangerous criminal in 2003 (www.news24.com/SouthAfrica/ News/Serial-rapist-Key-thrown-away-20030606).
  • Michael Vuyo Sekiti, who sexually assaulted a person in 2007 while he was a patient at the Fort England Hospital in Grahamstown, was declared a dangerous criminal. He has numerous previous convictions and has been a state patient of this hospital since 1999. Dr Hester Jordaan, a psychiatrist, argued that the accused, as a result of his antisocial personality disorder, was a risk to society and said that "the longer people are protected from him, probably the better". On the basis of Dr Jordaan's evidence, Judge Plasket ordered an assessment of the accused in terms of section 286A of the CPA. Reports from two other psychiatrists confirmed that the accused represents a danger to the physical or mental well-being of other persons and that the community should be protected from him. Taking this into consideration, Judge Plasket imposed a ten year sentence and declared the accused as a dangerous criminal (www.saflii.org/za/ cases/ZAECGHC/2010/2.pdf).

Section 286A and 286B was inserted into the CPA by the Criminal Matters Amendment Act 116 of 1993 (which came into operation on 1 November 1993), mainly as a result of the findings and recommendations of the Booysen Commission of Inquiry into the "Continued inclusion of psychopathy as a certifiable mental illness and the handling of psychopathic and other violent offenders". The Booysen Commission's terms of reference were not confined to psychopaths or people suffering from antisocial personality disorders. It also investigated and made recommendations concerning the handling and release of dangerous, violent and/or sexual offenders in general.

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[This is only an extract of an article published in Servamus: August 2017. The rest of this article differentiates between habitual and dangerous criminals; the psychiatric evaluation and release procedures. Contact Servamus’s offices to request the rest of the article 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 - August 2017

Asanda Baninzi and Wox Mthuthuzeli Nombewu hijacked a sergeant based at the Langebaan Airforce Base and his girlfriend, then drove them to the Mawumawu area in Nyanga.
By Kotie Geldenhuys
Who will be the next National Commissioner of the SAPS? That is the question on many concerned South Africans' lips - especially those of police members, researchers and the SAPS's partners in the fight against crime.
By Annalise Kempen
Normal, healthy people seldom dream about death. They do not see crime scenes and dead people when they close their eyes.
By Kotie Geldenhuys
For a period of 11 years the serial rapist and murderer, Jimmy Maketta, terrorised communities in the Philippi area near Cape Town.
By Kotie Geldenhuys

Pollex - August 2017

Read More - S v Parkins 2017 (1) SACR 235 (WCC)
Bradley Parkins (“the accused”) was convicted in the regional court sitting at Wynberg in the Cape Peninsula (“the trial court”) on the following six charges:
Read More - S v Mabitle 2017 (1) SACR 325 (NWM) and S v Monye and Another 2017 (1) SACR 329 (SCA)
In Ask Pollex in Servamus: August 2015, Pollex referred to a number of reported cases in respect of “contract killings”.
Read More In Servamus: June 2017, Pollex discussed the case of S v Hewitt 2017 (1) SACR 309 (SCA) (“the Hewitt case”). (The case involved the retired, world-renowned champion tennis player and instructor, Bob Hewitt.)
The Hewitt case was about three female complainants of whom two were raped and one was sexually assaulted (this offence was known as indecent assault at the time).
This month sees the last of our series of unlawful arrest and detention cases.

Letters - August 2017

Read More - An update (Servamus: December 2016
The telephone rings sharply in the charge office of Kliptown Police Station. The sergeant on duty looks up at the old clock hanging above the fireplace.
From 13 to 16 June 2017, members of the South African Police Service embarked on a trip to Mossel Bay for the Inter Provincial Soccer Championship, which was held at the D'Almeida sports ground.
Fathers’ Day was celebrated this year on 18 June, and I decided to run a special project under Social Crime Prevention for the fathers at Westville SAPS, with the wonderful support of some very gracious sponsors.
August 2017 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.