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  • SABRIC recently released its annual banking crime statistics. We inform you about the banking-related crimes that increased and decreased so that you can mitigate the risks. Read the article published in Servamus: August 2020 on p40 to p41.

  • Do you have a problem with gambling? We provide tips on how to identify if you have a problem; remind you about legal versus illegal gambling/betting and where to get help. Read the article published in Servamus: August 2020 on p50 to p53.

  • Chief Kenny Africa, also known as Mr 24-7 has served the road safety community for more than four decades. He retired on 31 July 2020. Read more about his passions, highlights and the message he has for young traffic officers in an article published in Servamus: August 2020 on p58 and p59.

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- S v Davids 2019 (1) SACR 257 (WCC)

Relevant legal provision
According to section 1 of the Criminal Procedure Act 51 of 1977, the phrase “aggravating circumstances” (in Afrikaans text: “verswarende omstandig-hede”) is defined as follows:

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- S v Zabathini Jonas Case No: CA & R 99/17 dated 19 July 2019 (NCK)

Mr Zabathini Jonas, the accused, was convicted in the regional court, sitting at the town of Phillipstown in the Northern Cape Province (“the trial court”), of two counts of rape, in circumstances where the provisions of section 51 of the Criminal Law Amendment Act 105 of 1997 (also referred to as the “Minimum Sentences Act”) applied. The circumstances were that the complainant was raped more than once and that it involved the infliction of grievous bodily harm to her. In the result, the trial court “took the two counts together for purposes of sentence whereupon the accused was sentenced to life incarceration on each count”.

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Background
According to recent media reports, some members of the South African Police Service (“the SAPS”) and members of the South African National Defence Force (“the Defence Force”) have, generally speaking, conducted themselves incompetently, inexpertly and unprofessionally during law enforcement operations during the COVID-19 pandemic.

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Servamus - August 2020

White-collar crime is affecting everyone
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Over the last couple of years, far too many institutions and businesses in South Africa have taken on the unmistakable stench of moral rot. Corporate giants such as VBS Mutual Bank, Bosasa and Steinhoff have traded blue chip credibility for white-collar callousness.
By Kotie Geldenhuys
Cheating the taxman is a crime
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With tax season upon us, many people will again try not to pay the full share of what they owe the taxman in income taxes.
By Kotie Geldenhuys
Insurance fraud affect your pocket
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Let us be honest, many people have a love-hate relationship with insurance companies, often because they believe that they were not paid what was due to them after having submitted a claim.
By Kotie Geldenhuys
Paying too much for your medical aid?
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We all complain about the high costs of private healthcare and the monthly contributions we have to pay.
By Kotie Geldenhuys
Newsflash

Pollex - August 2020

Other court cases that are discussed in Pollex in Servamus: August 2020 are:
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Again the handing back of the firearm by the SAPS in a domestic violence-related relationship - S v N 2016 (2) SACR 436 (KZP);
Who should testify that a rape victim is a person who is mentally disabled?
Read More - S v Chinridze 2015 (1) SACR 364 (GP)
Introduction In terms of section 51, read together with Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997 (which provides for discretionary minimum sentences), an accused person who is convicted of rape in contravention of section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, and where the victim is, inter alia, a person under the age of 16 years or is a person who is mentally disabled as contemplated in section 1(1) of Act 32 of 2007, shall be sentenced to incarceration for life unless, of course, there are substantial and compelling circumstances which justify the imposition of a lesser sentence.
Rape of a person who is mentally disabled
Read More - 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 -
Treatment of incarcerated gay and lesbian inmates
Read More - Mapodile v Minister of Correctional Services and Others 2016 (2) SACR 413 (GJ)
Mr Mapodile, the applicant in this matter, was serving a sentence in the Johannesburg Medium B Correctional Centre.

Letters - August 2020

Goodbye to Capt Aubrey Moopeloa, Evaton SAPS Communication Officer
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Capt Aubrey Moopeloa, the corporate Communication Officer of Evaton SAPS, retired from the South African Police Service on 30 June 2020 after 32 years' service as a dedicated and loyal member.
Honouring police members’ faithful service during COVID-19
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I would like to suggest that, once COVID-19 is over, a plaque be made, dedicated to all SAPS members who faithfully executed their duties, in response to the call to duty, to serve and protect the people of South Africa during the global pandemic.
August 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.