I am dismayed to learn of the "unintended" public release of personal information of eight victims of a rape that occurred in July 2022 in Krugersdorp. The release of the personal information aggravates the deep wounds caused by the attack and exposes the women to more risks. The lifetime wounds caused by the attack on these women will now be made worse by the reckless act of releasing their personal information, which included their names and addresses. There is no justification that can make such a negligent act understandable or acceptable. The leadership of the South African Police Service (SAPS) must ensure consequence management and urgently put measures in place to ensure that this does not happen again.

An investigation by the Information Regulator found that SAPS has violated several provisions of the Protection of Personal Information (POPI) Act, including that:

  • The personal information of data subjects contained in the WhatsApp message was excessive and not relevant for the purpose for which it was distributed, which, according to the SAPS, was to alert the respective stations of the serious crime that had been committed in the West Rand District; and
  • the responsible party had failed to take appropriate, reasonable, technical measures to prevent the unlawful accessing of personal information of data subjects as prescribed in the POPI Act.

What is even more concerning is that the SAPS was compelled through a summons issued by the Information Regulator to provide adequate information enabling the Regulator to conclude its investigation. There is a worrying trend emerging of the SAPS disregarding court judgments and other statutory bodies, which must be arrested and reversed. It is also extremely disappointing that the people responsible for enforcement of our laws were behind the undermining of the constitutional right to privacy of these victims.

Despite the conclusion of an internal police investigation, I am of the view that a public apology is not enough and that the SAPS must assure South Africans that corrective measures have been put in place and that consequence management will be implemented.

Ms Tina Joemat-Pettersson
Chairperson of the Portfolio Committee on Police

Servamus - June 2023

It seems that some schools in the country have become a paradise for gangsters as children are recruited to join gangs and turf wars are fought on school grounds.
By Kotie Geldenhuys
Each year, a large number of incarcerated offenders are released from South African correctional centres and returned to their families and communities.
By Kotie Geldenhuys
Nobody volunteers to become a victim of human trafficking or modern slavery.
Compiled by Annalise Kempen
"When growing up in an environment where your father does not care about you and never gives you a pat on the back saying 'well done', it open doors for gangsterism."
By Kotie Geldenhuys

Pollex - June 2023

During March/April 2023 Mr Thabo Bester, referred to supra, was constantly in the news.
The Domestic Violence Act 116 of 1998 (hereinafter referred to as Act 116 of 1998) is amended by the Domestic Violence Amendment Act 14 of 2021 which appears in English and Afrikaans in Government Gazette No 45824 dated 28 January 2022 (hereinafter referred to as the "Amendment Act").
Read More - Diljan v Minister of Police (Case no 746/2021) [2022] ZASCA 103 (dated 24 June 2022) (SCA)
Relevant legal provisions applicable to this judgment Section 40(1)(b) of the Criminal Procedure Act 51 of 1977 ("the CPA") provides as follows:

Letters - June 2023

Ek is baie dankbaar dat ek oorgeskakel het vanaf die gedrukte na die digitale uitgawe van Servamus.
I am dismayed to learn of the "unintended" public release of personal information of eight victims of a rape that occurred in July 2022 in Krugersdorp.
The manner in which I was received by the acting Station Commander of Townhill SAPS, W/O P K Naidoo, on the morning of 12 April 2023, not only humbled me but caused me to eat humble pie.
June Magazine Cover

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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.