• We cannot drive while on “autopilot” while doing other things such as using our cellphones, applying make-up or eating. Our article in Servamus: April 2021 explains why it is dangerous to multi-task while driving.

  • Do you agree that having more roadworthy vehicles on our roads will contribute to road safety and less crashes? If you don’t, read our Community Safety Tips in Servamus: April 2021 where we explain why we believe it would.

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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 - April 2021

They are all over our roads, they stop wherever they want to, ignore red traffic lights and are motorists’ worst nightmare.
By Kotie Geldenhuys
Desperate to get the Umgeni Municipality’s attention to fix the dangerous potholes on the roads in the Howick area in the KwaZulu-Natal Midlands, residents participated in a tongue-in-cheek pothole fishing competition at the end of February 2021.
By Kotie Geldenhuys
Road crash scenes do not make for a picture to remember.
By Kotie Geldenhuys
It is not unusual to hear or read about a serious or fatal vehicle crash where one of the drivers was under the influence of alcohol.
By Annalise Kempen

Pollex - April 2021

Read More - Alternative mechanisms required - S v Frederick and Another 2018 (2) SACR 686 (WCC)
Two independent and unrelated matters were referred for review to the High Court in Cape Town (“the review court”), at the same time and by the same magistrate (“the trial court”).
Read More - Booysen v Minister for Safety and Security 2018 (2) SACR 607 (CC)
This is a matter in which Mr Johannes Mongo, who was a SAPS constable reservist, shot and wounded his girlfriend, Ms Elsa Booysen.
Read More In the matter between - Ms Nomachule Gigaba (Née [born]) Mingoma - The applicant; and Minister of Police - the first respondent; Directorate for Priority Crime Investigation - the second respondent (hereinafter referred to as the Hawks); Maj-Gen M O Ngwenya - the third respondent and attached to the Hawks; Capt K M Mavuso - the fourth respondent and attached to the Hawks; Sgt Norton Ndabami - the fifth respondent and attached to the Hawks; National Prosecuting Authority (“The NPA”) - the sixth respondent; and WISE4AFRICA - the seventh respondent. Case number 43469/2020 ZAGPPHC55 dated 11 February 2021, High Court, Pretoria (GP).
The applicant in this matter, Ms Gigaba, is the estranged (Afrikaans: “vervreemde”) wife of the former Cabinet Minister, Mr Malusi Gigaba.

Letters - April 2021

After being side-lined for the past 11 months due to COVID-19, Captain Khumalo is returning to active duty. Captain Khumalo has returned to child-care centres and schools across Cape Town from 17 February 2021, to resume his mission of educating children on safety issues.
Die Bejaardesorgfonds vir afgetrede polisielede het op 5 Maart 2021 ‘n groot geskenk van die Klub79+1 groep in die vorm van ongeveer 600 gebreide blokkies en klaargemaakte komberse ontvang.
April 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.