• Physical evidence is the silent witness in criminal cases which is why it should not be contaminated and why the chain of custody is vital. Read our article published from p20 in Servamus: August 2021 to learn more about evidence and the story it tells.

  • The reconstruction of a crime scene is a vital step to give the court an idea of what happened at a crime scene. Our article published from p34 in Servamus: August 2021 explains what the process entails.

  • Various role-players from within the SAPS can help to provide specialised information about the scene, the victim and the suspect at a crime scene. Our article published from p23 in Servamus: August 2021 highlights these role-players.

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Securing a conviction in a murder case is always a reason to celebrate that justice has been served. In this case, one of Servamus’s loyal subscribers, Sgt Zungu shared the details of an investigation which he had been involved with which resulted in the conviction of two accused persons. Sgt Zungu is stationed at the provincial organised crime component, attached to the section dealing with taxi violence.

Two cases dockets have reference to this investigation, namely Pretoria Central CAS 573/09/2018 and Rietgat CAS 549/09/2018. Sgt Zungu was the investigating officer for Pretoria Central.

Mr Victor Maahlo and Mr Thomas Sibusiso Zondi are two members of the Elarduspark Taxi Association. Mr Maahlo reported that on 11 September 2018 at about 15:30, while he was at the Route 21 Corporate Park, he saw Xoli Mtshwene who was the driver of a Toyota Corolla with registration number WPT015GP. He also noticed other taxis from the Centurion Taxi Association.

Mr Victor Maahlo further reported that Xoli Mtshwene had told him that the taxis from the Centurion Taxi Association were there to pick up passengers by force and that if they refused, something would happen. He further reported that members from the Centurion Taxi Association had tried to prevent them to pick up passengers. According to Mr Maahlo, he eventually managed to pick up passengers after leaving the Route 21 Corporate Park in Pretoria, but that Xoli Mtshwene, who was driving this Toyota Corolla, had given chase after him. Mr Maahlo managed to drive off leaving them after they pursued him.

Mr Maahlo further confirmed in his sworn affidavit that the passengers who had accompanied Mtshwene, also commented that something would happen if they denied members of the Centurion Taxi Association to pick up passengers.

On that same day it is reported that Mr Themba Jiyane had picked up passengers from the Route 21 Corporate Park to be dropped off in the central business district (CBD) of Pretoria. He too was followed to the CBD by the same Toyota Corolla, driven by Xoli Mtshwene with other passengers, after their initial chase after Mr Victor Maahlo had been unsuccessful. Mtshwene then proceeded to follow Mr Jiyane who was shot by one of Mtshwene’s passengers in the Toyota Corolla. As the driver and his passengers tried to flee the crime scene, they were cornered by onlookers in Bloed Street, as they got stuck in a traffic jam. Realising what was going to happen, they got out and fled, abandoning the Corolla. The vehicle was impounded and booked in at the Pretoria West vehicle pound.

During the investigation, the driver’s identity was confirmed as that of Xoli Mtshwene, and that Mtshwene and others were the instigators of the events of 11 September. Although the witnesses had mentioned Xoli Mtshwene, the names of the other occupants of the Toyota Corolla were unknown. During a subsequent identity parade Musawenkosi Khanyi was pointed out by three witnesses as one of the people who was driving along with Mtshwene on the day of the incident. The police seized two cellphones when Musawenkosi Khanyi was arrested by Sgt Mphela of Soshanguve K9 Unit. Analysis revealed that there was regular contact between Xoli Mtshwene and Musawenkosi Khanyi, which linked both men to the crime scenes. Data from the tracking system of the Corolla placed the vehicle at the various scenes in Pretoria.

Following a trial in the Pretoria High Court, Musawenkosi Khanyi was found guilty on 9 March 2021 of murder and sentenced to life incarceration. He was also sentenced to 15 years’ incarceration on a charge of attempted murder; ten years’ incarceration for malicious damage to property and five years’ incarceration for the contravention of various provisions of the Firearms Control Act 60 of 2000.

Mxolisi Isaac Mtshwene was found guilty of murder and sentenced to life; and 15 years’ incarceration for the possession of an unlicensed firearm and five years for the unlawful possession of ammunition.

Sgt Zungu

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Servamus - August 2021

Television series have played a significant role in creating public interest about forensic science and the investigation of crime.
By Annalise Kempen
Despite Hollywood’s portrayal in numerous television programmes, crime scene investigation is a difficult and time-consuming task that cannot be completed in a couple of minutes.
By Kotie Geldenhuys
Fire and water - two elements of nature that result in opposite reactions: when one stares at a firepit or a bonfire and listens to the sound of water such as a waterfall or waves breaking, it typically makes one calm and relaxed.
By Annalise Kempen
Every crime scene tells a story which is why it is of utmost importance that proper crime scene management is implemented to prevent the destruction of any evidence that might be found at a scene.
By Kotie Geldenhuys

Pollex - August 2021

In two recent, different and unrelated case law, namely -
Read More - Minister of Transport v Brackenfell Trailer Hire (Pty) Ltd and Other 2021 (1) SACR 463 (SCA)
Role-players in this matter are: National Minister of Transport = the appellant;
Read More - S v Gabani 2021 (1) SACR 562 (ECB)
This Gabani case took place between the Mdantsane Magistrates’ Court and the High Court in Bhisho in the Eastern Cape.

Letters - August 2021

Dudley Maharaj was born in Pietermaritzburg in 1936 and recently turned 85 years of age.
NAME: W/O L H Zandberg STATION: Pretoria Central Magistrates’ Court
August 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.