• Extreme weather has led to more frequent flooding. Our article published from p27 in Servamus: January 2022 look at which emergency services are involved during such disasters and give tips to stay safe.

  • Large parts of South Africa have suffered a severe drought for more than 6 years. Our article published from p30 in Servamus: January 2022 look at the impact of droughts on our lives; diseases during droughts and provide tips to save water.

  • Do you know what to do in case of a hazmat incident or vehicle crash? We provide valuable tips on what to do in such cases in our article published from p37 in Servamus: January 2022.

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- [Mr] DT v [Ms] BT 2021 (3) SACR 668 (FB)

Mr DT and Ms BT are husband and wife. Ms BT, however, absconded the marital home as the couple was involved in a hostile divorce at the time.

Of importance to readers of this column is that Mr DT unsuccessfully applied for a Domestic Violence Act 116 of 1998 protection order from the Bloemfontein magistrates’ court, held at Tsepong.

Not satisfied with this outcome, Mr DT appealed to the High Court in Bloemfontein (“the court of appeal”) against the refusal of his application for a protection order.

The court of appeal, inter alia, referred to the reasons for the refusal provided by the presiding magistrate. One of these reasons is that -

“I [the magistrate] find that there are no acts of domestic violence for the reasons that [Mr DT] resides in Pretoria whereas [Ms BT] resides in Bloemfontein”.

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

In paragraph [16] of the judgment of the court of appeal, its response to the magistrate’s reason is that the definition of “domestic violence”, as referred to in section 1 of the Domestic Violence Act, “encompass a wide variety of acts, specifically, emotional, verbal and psychological abuse, that are NOT necessarily restrained by distance”.

The court of appeal further continues that “it stands to reason that in appropriate circumstance the fact that the parties [Mr DT and Ms BT] are far removed from each other, does not per se (by itself/on its own) exclude the possibility of emotional, verbal and psychological abuse because it can be committed via telephonic and digital communication. This [according to the court of appeal] applies equally to harassment* [in Afrikaans text: “teistering”).

According to the court of appeal, a “record of incidents” between Mr DT and Ms BT, was presented to the presiding magistrate. It refers to a list of nine short message services (SMSes) dated from 11 December 2017 to 28 April 2019, and one cellular voice call dated 12 January 2019. The “record of incidents” further contained several correspondences between the parties, as well as a report by the Family Advocate.

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[This is only an extract of an article published in Pollex in Servamus: December 2021. If you are interested in reading the rest of the article, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. to find out what you need to do. Ed.]

Servamus - January 2021

In Servamus: December 2021, I discussed how the killing or injuring of a human being may be justified in terms of our common law.
By Adv John I Welch
For many South Africans the word “disaster” became a reality in March 2020 when the President of the country, Mr Cyril Ramaphosa addressed the nation in the first of many “family meetings” to follow when he announced the country’s first lockdown.
By Annalise Kempen
Natural disasters, such as earthquakes, fires, floods and hurricanes are damaging events that change the lives of people within no time.
By Kotie Geldenhuys
Each year during the dry season, which for the largest part of the country is the winter months, authorities warn us about our behaviour about making fire.
By Annalise Kempen

Pollex - January 2022

- S v Tilayi appeal case no: CA 22/2020 High Court Mthatha dated 9 March 2021 and 2021 (2) SACR 350 (ECM)
Mr Mbiyozo Zanodumo Tilayi, the accused, was convicted during a summary trial before the High Court in Mthatha (“the trial court”) of the following offences:
Read More - Messrs (1) Sechaba Seloana; (2) Mmuso Seloana; and (3) Abraham Itumeleng Popa v (1) The Director of Public Prosecutions [for the Free State Province] [DPP]; (2) National Director of Public Prosecutions [NDPP]; and (3) the Presiding Magistrate in the Welkom District Magistrates’ Court case no: 4019/2020 High Court Bloemfontein dated 24 August 2021 (FB)
Relevant, applicable legal provisions Section 75 of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

Letters - January 2022

NAME: W/O L Zandberg STATION: Pretoria Central Magistrates’ Court
During October 2021, my husband and I were on holiday but got stranded 10 km before Jansenville in the Eastern Cape with flat tyres.
January 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.