November 2020

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Would you know what your job entailed if you did not have a proper job description (JD) detailing what your employer expects of you? Read about the value of job descriptions in this 2-part article published in Servamus: October and November 2020.
Operation O Kae Molao is a weekly crime prevention and crime combating campaign held in Gauteng. This integrated law enforcement operation targets various crimes across the province. Read more about the successes achieved in Servamus: November 2020.

s2smodern

- Minister of Police and Another v Stanfield and Others (1328/2018) [2019] ZASCA 183 (2 December 2019) SCA)

Introduction
Section 31 of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

“31. Disposal of article where no criminal proceedings are instituted or where it is not required for criminal proceedings

s2smodern

- S v Motladile 2019 (1) SACR 415 (FB)

Intention to possess drugs
Section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 (hereinafter referred to as the “Drugs Act”) which is, inter alia, about the illegal possession of undesirable dependence-producing substances, does not give an emphatic or explicit indication that “intention” (dolus) is the required form of fault (mens rea) for such an offence.

s2smodern

- S v Van Helsdingen Case No: AR 566/18 dated 17 August 2020 (KZP)

The accused was charged before the regional court, Newcastle in KZN (“the trial court”) with 1225 counts of contravening various provisions of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (hereinafter referred to Act 32 of 2007), and the Films and Publications Act 65 of 1996.

s2smodern

- S v Radebe and Others 2019 (1) SACR 565 (FB)

Background
On 13 June 2012, four accused persons (hereinafter referred to as “appellants”), were convicted by a single judge of the High Court in Bloemfontein (“the trial court”) of the following offences namely, count 1: housebreaking with intent to murder and murder; and count 5: public violence*.

s2smodern

By now it is well-known that Lt-Col Charl Kinnear (52) was shot and killed outside his house in Bishop Lavis in the Cape Peninsula on Friday 18 September 2020, just after 15:00 in what appeared to be an assassination (Afrikaans: “sluipmoord”).

s2smodern

Servamus - November 2020

The world of private investigators – in South Africa

The job of a "private investigator" or PI is synonymous with images of the sexy Thomas Magnum, a former Navy seal, who drives around in a red Ferrari on the beautiful island of Hawaii, in the similarly named television series Magnum PI.

By Annalise Kempen

Partnering with the police to fight crime

For many years South Africa has been experiencing considerably higher levels of crime.

By Kotie Geldenhuys

Madoda Magadla, a 50-year-old man from Daveyton, who was accused of stealing a television, was executed by an angry mob who assaulted him in the yard of the family home where the television set allegedly went missing.

By Kotie Geldenhuys

Community Policing: When communities form partnerships with the police

Crime is a global challenge that threatens safety and security within communities, and the peace and stability of the country.

By Kotie Geldenhuys

Pollex - November 2020

SCA adds new meanings to section 31 of the CPA and section 102 of the FCA

Read More - Minister of Police and Another v Stanfield and Others (1328/2018) [2019] ZASCA 183 (2 December 2019) SCA)

Introduction Section 31 of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

Unrepresented accused person confronted with legal phrases and legal jargon and statutory definitions beyond his purview - What now?

Read More - S v Motladile 2019 (1) SACR 415 (FB)

Intention to possess drugs Section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 (hereinafter referred to as the “Drugs Act”) which is, inter alia, about the illegal possession of undesirable dependence-producing substances, does not give an emphatic or explicit indication that “intention” (dolus) is the required form of fault (mens rea) for such an offence.

State/Prosecution charges accused with virtually every other conceivable alleged sex and child pornography-related transgression possible!

Read More - S v Van Helsdingen Case No: AR 566/18 dated 17 August 2020 (KZP)

Mob justice in the Free State ends tragically: One person dead and long terms of incarceration for others

Read More - S v Radebe and Others 2019 (1) SACR 565 (FB)

Background On 13 June 2012, four accused persons (hereinafter referred to as “appellants”), were convicted by a single judge of the High Court in Bloemfontein (“the trial court”) of the following offences namely, count 1: housebreaking with intent to murder and murder; and count 5: public violence*.

The senseless death of a bright and talented colleague

Letters - November 2020

National Commissioner’s support to root out corruption welcomed

It has come as a shock to the public as well as to members of the SAPS to witness the number of senior police members who have been arrested during recent months for their alleged involvement in tender fraud.

Cross transfer/Ruilverplasing

NAME: W/O L H Zandberg STATION: Pretoria Central SAPS

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.

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Monday, November 30, 2020