• Do you know about the different types of spyware, its dangers and how you can protect yourself? The article published from p15 in Servamus: October 2021, will provide readers with valuable information about this dangerous software.

  • Along with family and colleagues, Servamus pays tribute to police members who have lost their lives in the line of duty – and to COVID-19. Our article published from p44 in Servamus: October 2021 reminds readers about the dangers our members face each day.

  • The Cybercrimes Act 19 of 2020 has been promulgated and will soon come into operation. Our legal discussion will help readers to understand this new legislation and is published from p22 in Servamus: October 2021.

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- 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.

On 3 August 2011, Mr Mthethelele Gabani, the accused, and three other accused persons, were arraigned on a charge of gang rape before the Mdantsane regional court. In due course the accused was convicted and on 11 November 2011 the accused was sentenced to 28 years’ incarceration. This was his first brush with the law.

Leave to appeal to the High Court in Bhisho against both his conviction and sentence, was refused.

The next we hear is that on 31 March 2017 the Mdantsane Magistrates’ Court noted receipt of the accused’s petition to the Judge President of the High Court in Bhisho (“the High Court”) for leave to appeal. On 4 June 2018, the petition was served before the High Court, which however, required certain documents from the Mdantsane Magistrates' Court. What happened further, can best be described by excerpts from the unanimous judgment of the High Court which, by the way, consisted of a full bench of three judges.

In paragraphs [15] and [16] of the judgment, the following is stated:

“[15] These motion papers were accompanied by a confirmatory affidavit from the errant clerk. Copies of the papers were also forwarded to the registrar of the Bhisho High Court and to the deputy Director of Public Prosecutions (“the DPP”). At some stage thereafter two bundles of transcribed documents, a seven-page wadd of illegible manuscript notes, a form J88 and an affidavit were dumped in the High Court file. I am unable to say when this happened as no acknowledgment of receipt is reflected.

[16] Some time thereafter, and in pursuance of a general witch hunt regarding files which had been collecting dust over unacceptably long periods in the general office of the Bhisho High Court, I stumbled upon the appellant’s [accused] petition file. This was in March 2019, after having been advised that the appellant had been phoning the general office every second day from prison (sic) to find out what had happened to his petition. It transpired that nothing had been done to escalate the appellant’s petition for five months, notwithstanding these repetitive calls from the appellant and his family members. In particular, there was no indication that Judge Hartle’s directive had ever been transmitted by the clerk responsible.”

And in a footnote that appears directly after paragraph [16], the following is stated:

“During the course of investigations it soon became apparent that many of the incumbents of clerical positions in the administrative staff component of the High Court were either under-qualified and poorly trained, or were simply incompetent and disinterested in taking their duties as the executive arm of the High Court seriously. I engaged in an intensive and time-consuming training programme which involved a great deal of repetition (as many of the incumbents of the posts were simply out of their depth), transparency, regular reporting and supervision.”

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[This is only an extract of a court case published in Pollex in Servamus: August 2021. If you are interested in reading the rest of the discussion and want to find out how, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it..]

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Servamus - October 2021

The Internet has opened up massive communication and business opportunities to billions of people across the globe.
By Kotie Geldenhuys
Cyberspace continues to revolutionise the way we all live, work and play and with it comes great opportunity for economic prosperity, job creation and technological innovation to solve some of the world’s greatest challenges such as tackling COVID-19, which has been a shared challenge across the world.
By Victoria White, First Secretary (Cyber), British High Commission Pretoria and Peter Goodman, Strategic Advisor to the UK Digital Access Programme
As if the protests and looting in KwaZulu-Natal in July 2021 were not enough to paralyse port operations in Durban for more than a week, Transnet, which is responsible for handling the commercial sea route, was also targeted on 22 July 2021 with a strain of ransomware.
Compiled by Kotie Geldenhuys
Whenever the term “forensics” is used, one is reminded about the Locard exchange principle of “every contact leaves a trace” which states that no perpetrator can leave a crime scene without leaving some trace.
By Annalise Kempen

Pollex - October 2021

Background On 31 March 2017, Mr Nolan van Schalkwyk, the accused, and another man (hereinafter referred to as “the second assailant”) attempted to rob the complainant, who was walking towards the Rentech Station in the Belhar area in the Cape Peninsula at around 06:15, while on his way to work. It was still completely dark.
Relevant law Section 86 of the Electronic Communications and Transactions Act 25 of 2002 (hereinafter referred to as “the ECT Act”) provides as follows:

Letters - October 2021

It’s with great pleasure that I write this e-mail to you.
“GUN FREE SOUTH AFRICA welcomes draft Firearms Control Amendment Bill” When I receive Servamus in the post, at the first opportunity, I remove the wrapping and scan through the contents. Typically, the in-depth reading would take place later.
October 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.