• The lockdown has brought along increased policing which unfortunately led to some police and army members taking the law in their own hands by acting violently towards the public. Read our article published in Servamus: February 2021 dealing with this violence.

  • Food fraud is seldom talked about, but a crime that affects rich and poor and can be deadly. The horse meat scandal from 2013 – that was one example. Read the article published in Servamus: February 2021, to learn what food fraud entails.

  • Although many South Africans experienced hard lockdown as having to stay home and limit social exposure, it was a much different game for sex workers. They had to deal with unique challenges during the lockdown and we explore what they did in an article published in Servamus: February 2021..

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- S v Mnguni 2014 (2) SACR 595 (GP)

Introduction

According to section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, the phrase “person who is mentally disabled” means “a person affected by any mental disability, including any disorder or disability of the mind, to the extent that he or she, at the time of the alleged commission of the offence in question, was -

(a) unable to appreciate the nature and reasonably foreseeable consequences of a sexual act;

(b) able to appreciate the nature and reasonably foreseeable con-sequences of such an act, but unable to act in accordance with that appreciation;

(c) unable to resist the commission of any such act;

(d) unable to communicate his or her unwillingness to participate in any such act”.

Section 51(1) and (2), read together with (for as far as it is relevant to this discussion) Parts I and III of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, provide as follows:

“51. Discretionary minimum sentences for certain serious offences

(1) Notwithstanding any other law, but subject to subsections (3) and (6) [of this section 51], a regional court or a High Court shall sentence a person it has convicted of an offence referred to in Part I of Schedule 2 [of this Act 105 of 1997] to imprisonment [incarceration] for life.

(2) Notwithstanding any other law, but subject to subsections (3) and (6) [of this section 51], a regional court or a High Court shall sentence a person who has been convicted of an offence referred to in -

(a) …

(b) Part III of Schedule 2, in the case of -

(i) a first offender, to imprisonment [incarceration] for a period not less than ten years;

(c) …

Schedule 2

PART I

Murder …

Rape as contemplated in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 -

(a) …

(b) where the victim -

(i) …

(ii) …

(iii) is a person who is mentally disabled as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.

PART III

Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, respectively in circumstances other than those referred to in Part I [of this Schedule 2 supra].”

(Emphasis added and particulars in square brackets inserted by Pollex.)

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[This is only an extract of a court case published in Pollex in Servamus: August 2020. If you are interested in reading the rest of this discussion, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it.. Contact Servamus’s office at tel: (012) 345 4660/41. Ed.]

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Servamus - February 2021

COVID-19 affects almost every facet of people’s lives and nobody has been left untouched.
By Kotie Geldenhuys
COVID-19 does not only impact on society and the economy, but it also impacts and shapes organised crime and illicit markets.
By Kotie Geldenhuys
The current worldwide COVID-19 pandemic which resulted in various lockdown levels across the world, has opened new opportunities for criminals to exploit people - especially in cyberspace.
By Kotie Geldenhuys
“Bravery is not the absence of fear, but action in the face of fear” - Mark Messier.
By Kotie Geldenhuys

Pollex - February 2021

Introduction Amendments to the Private Security Industry Regulations, 2002 as published in Government Gazette No 23120 dated 14 February 2002 (“the 2002 Regulations”) are published on p966 to p985 of Part 8 of Government Gazette No 43495 dated 3 July 2020.
Read More - S v Lungisa (696/2019) [2020] ZASCA 99 (9 September 2020) (SCA)
Mr Andile Lungisa, the accused, was convicted on 17 April 2018 before the magistrate’s court, Port Elizabeth (“the trial court”) on a charge of assault with intent to cause grievous bodily harm.

Letters - February 2021

Capson Phuti Kabe was born on 12 August 1960. He was a disciplinarian, a witty public speaker and a seasoned speech writer
Background In Ask Pollex of Servamus: January 2021, Pollex referred to an article that was published in Maroela Media relating to police stations’ areas of jurisdiction.
February 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.