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Pollex also discussed the following court cases in Servamus: December 2020.

  • Using the small or tiny fish against the big or large fish

At the time of writing this, it is now common knowledge of the large wave of arrests recently made in respect of white-collar crimes, allegedly committed by people in positions of authority and/or responsibility.

According to media reports, some people allegedly suggest that the Prosecuting Authority should start with “the prosecution (and conviction) of the small or tiny fish” by offering them “amnesty” in exchange for being used as a State/prosecution witness against the “big or large fish”. As Pollex understand the supporters of the latter procedure, new legislation is required in order to implement it.

Pollex is, by the way and depending on the circumstances, in favour of such a procedure. However, no “new” legislation in this regard is required. We already have the necessary legal mechanism which may, so to speak, be implemented immediately.

  • History repeats itself - S v Kekana 2019 (1) SACR 1 (SCA)

Introduction
In Servamus: August 2011, Pollex discussed two similar, but totally unrelated cases under the heading, “Husbands kill their children to punish their wives! - S v Shaw 2011 (1) SACR 368 (ECG) and S v Van der Westhuizen 2011 (2) SACR 26 (SCA)”.

In Shaw the accused murdered his two children, and in Van der Westhuizen the accused (at the time a lieutenant-colonel in the SAPS) shot and murdered his three children with his service pistol. In both cases the respective courts found that the murders were committed by husbands in order to punish their respective wives with whom both of them were involved in marital discord (Afrikaans: “huwelikstwis”).

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(If you are interested in reading the rest of these discussions published in Pollex in Servamus: December 2020, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or contact Servamus’s offices at tel: (012) 345 4660/22/41. Ed.)

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