• 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.

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- 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

(1)(a) If no criminal proceedings are instituted in connection with any article referred to in section 30(c) or if it appears that such article is not required at the trial for purposes of evidence or for purposes of an order of court, the article shall be returned to the person from whom it was seized, if such person may lawfully possess such article, or, if such person may not lawfully possess such article, to the person who may lawfully possess it.

(b) If no person may lawfully possess such article or if the police official charged with the investigation reasonably does not know of any person who may lawfully possess such article, the article shall be forfeited to the State.

(2) The person who may lawfully possess the article in question shall be notified by registered post at his last-known address that he may take possession of the article and if such person fails to take delivery of the article within 30 days from the date of such notification, the article shall be forfeited to the State.”

Section 102 of the Firearms Control Act 60 of 2000 (“the FCA”) is about the declaration by the Registrar of Firearms (who is in fact the National Commissioner of the SAPS) of a person as unfit to possess a firearm.

Background
The following three persons namely Ralph Israel Stanfield, Nicole Johnson and Francisca Stanfield (hereinafter

collectively referred to as the respondents [Afrikaans: “verweerders”]) were subjected to a search in terms of a search warrant issued under the CPA. Certain firearms (“the firearms”) were seized by SAPS members during the said search.

Accordingly, the respondents were arrested and charged with various offences relating to the unlawful issuing of the licences for the firearms.

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[This is an extract of the discussion of this court case that is published in Servamus: November 2020. If you are interested in reading the rest of the discussion, contact Servamus’s offices by sending an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or phoning (012) 345 4660. Ed.]

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Servamus - November 2020

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
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
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

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:
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.
Read More - 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.
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*.
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”).

Letters - November 2020

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