• Have you ever taught about your car’s safety when you are involved in a vehicle crash? Will you and your loved ones be protected in as far as it is possible? Refer to the article published on pp 14 -16 in Servamus: January 2020 to determine the NCAP safety rating of many cars on SA’s roads.

    Have you ever taught about your car’s safety when you are involved in a vehicle crash? Will you and your loved ones be protected in as far as it is possible? Refer to the article published on pp 14 -16 in Servamus: January 2020 to determine the NCAP safety rating of many cars on SA’s roads.

  • We all have a responsibility to create a safer world for our children – that includes on our roads. Sadly, vehicle crashes are some of the leading causes for child deaths. Walk This Way is a ChildSafe intervention project that aims to address child pedestrian safety – refer to the article in Servamus: January 2020 on pp 34-35 giving more details.

    We all have a responsibility to create a safer world for our children – that includes on our roads. Sadly, vehicle crashes are some of the leading causes for child deaths. Walk This Way is a ChildSafe intervention project that aims to address child pedestrian safety – refer to the article in Servamus: January 2020 on pp 34-35 giving more details.

  • Many people opt to go on a boat cruise for a holiday. Yet, there are many aspects that can affect the passengers and crew’s safety necessitating such cruise liners to have adequately trained security personnel. Refer to the article in Servamus: January 2020 on pp 30-32 about what is done to mitigate treats to such cruise liners.

    Many people opt to go on a boat cruise for a holiday. Yet, there are many aspects that can affect the passengers and crew’s safety necessitating such cruise liners to have adequately trained security personnel. Refer to the article in Servamus: January 2020 on pp 30-32 about what is done to mitigate treats to such cruise liners.

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By Kotie Geldenhuys

The mere mention of corruption, makes one think about State capture, the Guptas, former President Jacob Zuma and a former National Commissioner, namely the late Jackie Selebi. Although corruption is nothing new, it seems that it got out of hand over the past decade or so. There is a general feeling of distrust, not only in terms of whom can be trusted, but also in terms of systems and whether the corrupt will ever have to pay for their crimes. The general public is not alone in voicing their feelings. On 14 October 2019, Adv Kevin Malunga, the outgoing Deputy Public Protector of the Republic of South Africa tweeted: "The tragedy of South Africa’s criminal justice system is that the troubled young mother or juvenile who steals baby formula etc rots in jail for months as an awaiting trial prisoner while nothing happens to a resourced politician who is linked to corruption by forensic evidence."

Corruption has the potential to cripple all facets of society: it deprives people of quality education and job opportunities, undermines efforts to fight poverty, inequality and unemployment and also robs people of safety, health, infrastructure and a better quality of life. During an Institute for Security Studies (ISS) Seminar that was held in Pretoria on 24 October 2019, Adv Andy Mothibi, the Head of the Special Investigating Unit (SIU), added that corruption leads to a waste of public resources, undermines peace and democracy, deprives the public sector of valuable revenues and also reduces private sector productivity.

According to Transparency International’s 2018 Corruption Perception Index, the most corrupt countries are Somalia (ranked at 180), followed by Syria, South Sudan, Yemen, North Korea, Sudan, Guinea Bissau, Equatorial Guinea, Afghanistan, Libya, Burundi, Venezuela and Iraq. South Africa finds itself in the 73rd position (Transparency International, 2019). Corruption Watch’s 2018 Annual Report notes that the majority of the corruption in South Africa occurs at a provincial government level (35%) followed by national government (27%) and local government (23%), while the rest of the figure consists of state-owned entities and the private sector (Corruption Watch, 2018).

Transparency International’s Global Corruption Barometer confirms that corruption hits poor people the hardest, with devastating consequences. A bribe demanded by a police official may mean that a family cannot afford school fees or even food to eat. Findings from Mexico, for example, show that the typical poor family must spend one third of their income on bribes (Transparency International, 2019). The situation is so bad in the most corrupt countries that their populations face a combination of insecurity, resource shortage, a weak and even absent state, poor infrastructures, declining health and low-quality education. But what is corruption and what is being done about it in South Africa?

Definition
The terms "corruption" and "bribery" are often used interchangeably which is confusing. The National Head of the Directorate for Priority Crime Investigation (DPCI) (also known as the Hawks), Lt-Gen Godfrey Lebeya, explained to Servamus that a crime called bribery, which is a common law crime, previously existed. At some point the legislature in South Africa found that the bribery law left some of the parties involved in this crime outside of this scope of investigation. "Bribery was mostly concerned with government officials and when one came across other parties that were involved, there was not a law that covers them," he said. To supplement and to close those gaps, South Africa passed the Corruption Act 94 of 1992 which abolished bribery as a crime. The Corruption Act 94 of 1992 was repealed by the Prevention and Combating of Corrupt Activities Act 12 of 2004 which deals with corruption and not bribery. Lt-Gen Lebeya said that the general reference to the act of bribery is incorrect and that its meaning is more that "a person is corrupting another one".

During the Intelligence Transfer Centre’s (ITC) 7th Annual Government Law Conference which was held on 29 May 2019 in Pretoria, Adv Gerrie Nel said that we tend to over-complicate corruption as people seldom read the definition of corruption and therefore have a misconception about what corruption entails. According to the Prevention and Combating of Corrupt Activities Act 12 of 2004, corruption occurs when any person directly or indirectly accepts or offers (or agrees to offer or accept) any form of gratification (not necessarily monetary) that will either benefit themselves or another person. In terms of this legislation, corrupt activities are described as acts that involve an improper or corrupt exchange between two or more parties. Adv Nel argued that if we understood the corruption charges against Jackie Selebi as well as against Schabir Shaik, we would be in a better position to understand corruption.

Foreign bribery
During the interview with Lt-Gen Lebeya he noted that the Prevention and Combating of Corrupt Activities Act 12 of 2004 provides for a crime called foreign bribery which is a transnational crime that involves corruption. "We can say that it is transnational corruption as the suspects are in more than one country, including South Africa," he explained. Since bribery is still a crime that has not been abolished internationally and South Africa has signed treaties which refer to foreign briberies, the word bribery again appears in our space. The offence itself is addressed in Act 12 of 2004 which means that offenders will be prosecuted under this same statute.

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[This is only an extract of an article published in Servamus: December 2019. If you are interested in reading the rest of the article where we explain how people are “groomed” into getting involved in corruption; the cost of corruption; that collusion is corruption; the dangers of corruption; putting an end to corruption and reporting corruption, please contact Servamus’ offices by sending an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or calling us at tel :(012) 345 4660/22.]

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Servamus - January 2020

It is just after 05:00 in a cold, windy and rainy Cape Town when the packed train pulls onto platform three.
By Kotie Geldenhuys
One of the very sad consequences of every holiday season is the high number of vehicle crashes happening on our roads - not only resulting in people losing loved ones, but also leaving many drivers and passengers seriously injured or even disabled.
By Annalise Kempen
A lot is being said and written about vehicle fitness and road-worthiness, but what about your own fitness to drive a vehicle?
By Annalise Kempen
In South Africa, fatalities due to vehicle crashes are a major contributor to unnatural deaths impacting negatively on our economic development and growth.
By Kotie Geldenhuys

Pollex - January 2020

Read More - S V Nkosinathi Gama Review No: R40/2019 dated 19 July 2019 (FB)*; S V Bam 2019(2) SACR 662 (FB)*; and S V Phuzi 2019(2) SACR 648 (FB)*
Section 59 of the National Road Traffic Act 93 of 1996 (“the NRTA”) provides as follows:
Read More – 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.

Letters - January 2020

We salute Brig Mauritz "Happy" Schutte who was born on 4 September 1951, but was called for higher duties to be with his Lord and Saviour, our God Almighty on 9 October 2019, succumbing to the illness of cancer.
There is talk of forcing pension onto members at the age of 55, with no talk of any adjustments for the Public Service Act employees who can still build pension up to the age of 65.
January 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.