• 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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Relevant and applicable legal provisions
Section 199(1) and (6) of our Constitution provide as follow:

“Establishment, structuring and conduct of security services
199.(1) The security services of the RSA consist of a single defence force [the SANDF], a single police service [the SAPS] and any intelligence services established in terms of the Constitution.

(2) to (5) …

(6) No member of any security service may obey a manifestly illegal order ...”
Section 47 of the South African Police Service Act 68 of 1995 provides as follows:
“Obedience

(1) Subject to subsection (2), a member [of the SAPS] shall obey and order or instruction given to him or her by a superior or a person who is competent to do so: Provided that a member shall not obey a patently unlawful order or instruction.

(2) Where it is reasonable in the circumstances, a member may demand that an order or instruction referred to in subsection (1) be recorded in writing before obeying it.

(3) A member may, after having obeyed an order or instruction referred to in subsection (1), demand that such an order or instruct be recorded in writing.”

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

Important note: This Kleinhans case to be discussed infra, is about orders (Afrikaans: “opdragte en/of bevele”) issued to SAPS members by a public prosecutor in his or her official capacity. Pollex is of the opinion that these orders (in this Kleinhans case) are genuine, legal orders. Pollex is also of the opinion that a “public prosecutor” falls within the category of “person who are competent to give such orders” as referred to in section 47(1) of the SAPS Act 68 of 1995 supra.

Background
During February 2019, Mr J J Kleinhans reported a theft case in Pretoria at Wonderboompoort (“WBP”) Police Station - CAS 116/2/2019 refers. During June 2020, Kleinhans reported a further case in Pretoria, this time at Sinoville Police Station - Sinoville CAS 81/6/2020 refers. In both cases, the alleged suspect is Ms Samantha Jane Wright.

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[This is only an extract of an article published in Pollex in Servamus: January 2022. 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.