• Do you have anger issues? Are you dealing with them or do you grab a knife, a panga or a brick to attack another person when you get angry? We ask whether there is a link between anger and crime. Refer to the article published in Servamus: July 2020 on p10 to p12.

    Do you have anger issues? Are you dealing with them or do you grab a knife, a panga or a brick to attack another person when you get angry? We ask whether there is a link between anger and crime. Refer to the article published in Servamus: July 2020 on p10 to p12.

  • Citizens are often unsure what they need to do when they are subjected to abuse or acts of brutality by police members. We provide you with valuable tips on what to do and contact details where to report such abuse. Read the article published in Servamus: July 2020 on p50 to p53.

    Citizens are often unsure what they need to do when they are subjected to abuse or acts of brutality by police members. We provide you with valuable tips on what to do and contact details where to report such abuse. Read the article published in Servamus: July 2020 on p50 to p53.

  • The members of the Investigative Psychology Section of the SAPS do much more than to “get into the mind of a criminal”. They render a vital role to assist investigating officers with any psychologically-motivated crimes.  Read more about their work in an article published in Servamus: July 2020 on p40 and p41.

    The members of the Investigative Psychology Section of the SAPS do much more than to “get into the mind of a criminal”. They render a vital role to assist investigating officers with any psychologically-motivated crimes.  Read more about their work in an article published in Servamus: July 2020 on p40 and p41.

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May a public school be held liable when things go wrong?
By Annalise Kempen

When the news broke in January 2020 about a schoolboy who had drowned during a school orientation camp in North West, many parents were impacted by the fact that something similar could so easily happen to their own children. And yet, it is a sad fact that the 13-year-old Enoch Mpianzi, who drowned during a Parktown Boys High School orientation camp, was not the first school learner to have died while attending school or a school activity. In fact, by 6 March 2020, Enoch was one of 22 learners who had already died in the Gauteng province for the 2020 school year (Majavu, 2020). One of the other victims was a 14-year-old youth who was in Gr 10 at the Freedom Park Secondary School who was stabbed to death by a fellow learner.

Parents’ important question
When Enoch's death was reported, and even two months after the tragedy when Mr Panyaza Lesufi, the MEC for Education in Gauteng, released an executive summary of a forensic investigation conducted by Harris Nupen Molebatsi Attorneys into the event, the mudslinging continued as to who was to be held responsible for the teenager's death.

The question that many parents grapple with is who is to be held responsible when their children are injured on the schoolgrounds, during school activities, at the school hostel or even when they are assaulted or bullied by a fellow learner. Apart from physical scars or injuries, such a child may be traumatised to such an extent that they suffer psychological damage and must go for counselling. Parents would want to know who would have to pay for the cost of medical or psychological treatment. Another important question is whether schools can force parents or caregivers to sign a form of indemnity to exempt the school from any liability during school activities.

Court case answers some questions
On 15 March 2019, the Grahamstown High Court delivered judgment in a case where a former learner of the Kingswood College in Grahamstown, Lusakhanya Gora, issued summons against Kingswood College as the sole defendant for an incident that occurred on 13 February 2014. What happened was that Lusakhanya was struck in the eye by a fellow learner, Daniel Moore, while they were in class, but without supervision, causing serious injury to Lusakhanya's right eye and resulting in a permanent impairment of his visual ability. Five years after the incident, Lusakhanya Gora sued the Kingswood College and later added the Trustee of the Kingswood Trust as the second defendant and the Kingswood Council as the body corporate created in terms of the Trust as the third defendant.

Mr Gora argued that the injuries he sustained were due to the negligence of the three defendants and its employees in failing to ensure adequate supervision over him and the other learners in his class, including Daniel Moore, by negligently leaving this class unattended for an hour in the absence of the regular teacher. As could be expected, the defendants denied liability, admitting only that the physical altercation between Lusakhanya and Daniel occurred during the temporary absence of the teacher. The defendants denied that they or their employees had acted wrongfully and negligently in leaving the class unattended.

The defendants submitted the enrolment contract which was signed by Lusakhanya's parents before he was admitted to the College as evidence. It was by virtue of this indemnity clause that the defendants pleaded that Mr Gora's claims were excluded. The clause read as follows:
"The applicant hereby indemnifies and agrees to hold harmless the official trustee, the Kingswood College Council, the College, its headmaster and staff, or their authorised agents or representatives, against any and all claims, howsoever arising, including negligence, but not gross negligence, arising out of any injury, death, loss, damage, costs or expense, including legal costs suffered as a result of or during the enrolment of the pupil at Kingswood College.

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[This is only an excerpt of an article published in Servamus: May 2020. The rest of the article discusses the applicable law (the Schools Act) and public schools’ responsibilities; parental duties and responsibilities; and what happens if a child is injured or dies during a school activity? If you are interested in reading the full article, send an email to: This email address is being protected from spambots. You need JavaScript enabled to view it. to find out what to do. Ed.]

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Servamus - July 2020

Hacked to death with a panga - that was how Ed Neumeister, the 67-year-old owner of a restaurant in the Midlands of KwaZulu-Natal was killed in broad daylight on the first Saturday of June 2020 (Regchand, 2020).
By Annalise Kempen
Imagine you are sitting behind your desk at work and the bleep of an incoming message on your cellphone draws your attention.
By Kotie Geldenhuys
This month's crime series shows us once again how religion can be abused and used to cloak criminal acts.
By Kotie Geldenhuys
The number of women who have committed violent crime globally, is very small in relation to male perpetrators.
By Kotie Geldenhuys

Pollex - July 2020

Read More - S v Davids 2019 (1) SACR 257 (WCC)
Relevant legal provision According to section 1 of the Criminal Procedure Act 51 of 1977, the phrase “aggravating circumstances” (in Afrikaans text: “verswarende omstandig-hede”) is defined as follows:
Read More - S v Zabathini Jonas Case No: CA & R 99/17 dated 19 July 2019 (NCK)
Mr Zabathini Jonas, the accused, was convicted in the regional court, sitting at the town of Phillipstown in the Northern Cape Province (“the trial court”), of two counts of rape, in circumstances where the provisions of section 51 of the Criminal Law Amendment Act 105 of 1997 (also referred to as the “Minimum Sentences Act”) applied.
Background According to recent media reports, some members of the South African Police Service (“the SAPS”) and members of the South African National Defence Force (“the Defence Force”) have, generally speaking, conducted themselves incompetently, inexpertly and unprofessionally during law enforcement operations during the COVID-19 pandemic.

Letters - July 2020

After 80 days of enforcing COVID-19 lockdown regulations, 14 police officials have succumbed to the coronavirus, Police Minister Bheki Cele announced during a multi-disciplinary operation in Soweto.
It is with deep regret and sad hearts that we learnt about the passing of Kelly Ann de Villiers, the wife of W/O Jerome de Villiers.
July 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.