• Too many street children resort to sniffing glue to help them to forget about the pain, cold and even abuse they have to suffer. We explore their world in an article featured in Servamus: May 2021.

  • The reality about the persistent demand for babies due to people who cannot have their own, has resulted in a market for “human fertility”. We explore this shocking reality in the May 2021 issue of Servamus.

  • Perfect parents do not exist, but parents can be guided in doing their best to help their children to grow up to become responsible and law-abiding citizens. In the May 2021 issue of Servamus we provide our readers with a parenting guide.

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In the matter between -

First applicant: Economic Freedom Fighters (EFF); and Second applicant: Mr Julius Sello Malema; and

First respondent: Minister of Justice and Correctional Services; and Second respondent: National Director of Public Prosecutions (NDPP); and

First Amicus Curiae (Friend of the court): Socio-economic Rights Institution of South Africa; and Second Amicus Curiae: Sakeliga NPC

Introduction
This matter is, inter alia, about the meaning and/or objective and/or interpretation of certain legal provisions in our law. They are -
(1) Section 18 of the Riotous Assemblies Act 17 of 1956 which provides as follows:

“18. Attempt, conspiracy and inducing another person to commit offence

(1) Any person who attempts to commit any offence, against a statute or a statutory regulation shall be guilty of an offence and, if no punishment is expressly provided thereby for such an attempt, be liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.

(2) Any person who -

(a) conspires with any other person to aid or procure the commission of or to commit;
or
(b) incites, instigates; commands, or procures any other person to commit,

any offence, whether at common law or against a statute or statutory regulation, shall be guilty of an offence and liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.”

Comment: Only section 18(2)(b) of this Riotous Assemblies Act is relevant to this matter. Section 18(1) and (2)(a) are, however, included supra for the sake of completeness. In the Afrikaans text, section 18(2)(b) reads as follows: “18(2)(b) Iemand wat -

(a) …

(b) ‘n ander persoon uitlok, aanstig, beveel of verkry om so ‘n misdryf te pleeg, is aan ‘n misdryf skuldig en by skuldigbevinding strafbaar met die straf waarmee ‘n persoon wat weens die werklike pleging van daardie misdryf skuldig bevind is, gestraf kan word.”

(2) Section 1(1) of the Trespass Act 6 of 1959 (in Afrikaans text: “Wet op Oortreding") provides as follows:

“1. Prohibition of entry or presence upon land and entry of or presence in buildings in certain circumstances

(1) Any person who without the permission -

(a) of the lawful occupier of any land [in Afrikaans text: ‘grond’] or any building or part of a building; or

(b) of the owner or person in charge of any land or any building or part of a building that is not lawfully occupied by any person, enters or is upon such land or enters or is in such building or part of a building, shall be guilty of an offence unless he or she has lawful reason to enter or be upon such land or enter or be in such building or part of a building.

(1A) A person who is entitled to be on land in terms of the Extension of Security of Tenure Act (ESTA), 1997, shall be deemed to have lawful reason to enter and be upon such land”.

(Words in square brackets inserted by Pollex.)

(3) The Prevention of Illegal Evictions from and Unlawful Land Act 19 of 1998 (“PIE Act”) where, in section 8, provision is made for certain offences and private prosecutions.

(4) Sections 16 and 167(5) and (6) of the Constitution of the RSA, 1996, provide as follows:

“16. Freedom of expression

(1) Everyone has the right to freedom of expression, which includes -

(a) freedom of the press and other media;

(b) freedom to receive or impart information or ideas;

(c) freedom of artistic creativity; and

(d) academic freedom and freedom of scientific research.

(2) The right in subsection (1) [supra] does not extend to -

(a) propaganda for war;

(b) incitement of imminent violence; or

(c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.”

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[If you are interested in reading the rest this comprehensive discussion about this court case, contact Servamus’s office by sending an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or fax: 0866 358 956 to find out how. Ed.]

 

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Servamus - May 2021

This tweet left me with much to think about: “So my 8 year old met the guy in my life for the first time and he asked him for permission to call him dad.
By Annalise Kempen
South Africa is not only one of the countries with the highest crime rates in the world, but also with the highest rate of Foetal Alcohol Syndrome (FAS) globally.
By Kotie Geldenhuys
In April 2021, a video showing a Grade 10 learner being bullied in full view of her peers at a secondary school in Limpopo, went viral on social media.
By Sas Otto
Infertility or the desire to have a child has resulted in many babies ending up as commodities for sale on the black market.
By Kotie Geldenhuys

Pollex - May 2021

Read More - Doorewaard and Another v the State (Case No 908/2019) [2020] ZASCA 155 (27 November 2020) and 2021(1) SACR 235 (SCA
ntroduction Mr Pieter Doorewaard (accused 1) and Mr Philip Schutte (accused 2) were convicted before the High Court in Mahikeng in the North West Province (“the trial court”) on five counts, namely murder; kidnapping; intimidation; theft and illegal pointing of a firearm.
Read More - S v Lekeka 2021 (1) SACR 106 (FB)
Mr Molefe Edward Lekeka, the accused, was convicted by the regional court in Bethlehem in the Free State (“the trial court”), of count 1, housebreaking with intent to contravene section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (hereinafter referred to as Act 32 of 2007), and count 2, contravening section 55(a) of Act 32 of 2007.
Read More - amaBhungane Centre for Investigative Journalism NPC* and Another v Minister of Justice and Correctional Services and Others; Minister of Police v amaBhungane Centre for Investigative Journalism NPC* and Others CCT 278/19 AND CCT 279/19 dated 4 February 2021 Constitutional Court (CC)
The applicants, namely amaBhungane Centre for Investigative Journalism NPC* and Mr Stephen Sole - a journalist who had been the subject of state surveillance* - approached the High Court in Pretoria (“the High Court”) on the basis of a number of constitutional challenges to the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (hereinafter referred to as “RICA”)*.

Letters - May 2021

I endorse the sentiments of Jay Jugwanth about the absence of the Police Minister and MEC at the home of Sgt Paul.
On 11 March 2021, a closely-knit family was robbed of its nucleus, D/Sgt Jeremy Paul, who was ambushed and murdered while tracing a suspected in Swapo, an informal settlement in Pietermaritzburg.
Losing Louis has been very difficult for both myself, my sons, Jordan aged 14 and Jared aged 12. Louis contracted Covid-19 at the beginning of December 2020, and became too weak to fight anymore.
May 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.