• 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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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 - 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

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.