• 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 Myeni 2019(1) SACR 360 (ECG)

Relevant legal provisions

Sections 86, 87, 88 and 89 of the Electronic Communications and Transactions Act (ECT) 25 of 2002* (hereinafter referred to as Act 25 of 2002) provide as follows:

“Unauthorised access to, interception of or interference with data

86.(1) Subject to the Interception and Monitoring Prohibition Act 127 of 1992, a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence.

(2) A person who intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective, is guilty of an offence.

(3) A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security measures for the

protection of data, performs any of those acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilise such item to contravene this section, is guilty of an offence.

(4) A person who utilises any device or computer program mentioned in subsection (3) [supra] in order to unlawfully overcome security measures designed to protect such data or access thereto, is guilty of an offence.

(5) A person who commits any act described in this section [86] with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users is guilty of an offence.

Computer-related extortion, fraud and forgery

87.(1) A person who performs or threatens to perform any of the acts described in section 86 [supra], for the purpose of obtaining any unlawful proprietary advantage by undertaking to cease or desist from such action, or by undertaking to restore any damage caused as a result of those actions, is guilty of an offence.

(2) A person who performs any of the acts described in section 86 [supra] for the purpose of obtaining any unlawful advantage by causing fake data to be produced with the intent that it be considered or acted upon as if it were authentic, is guilty of an offence.

Attempt, and aiding and abetting [in Afrikaans text: ‘Poging en hulpverlening’]

88.(1) A person who attempts to commit any of the offences referred to in sections 86 and 87 [supra] is guilty of an offence and is liable on conviction to the penalties set out in section 89(1) or (2) [infra], as the case may be.

(2) Any person who aids and abets someone to commit any of the offences referred to in sections 86 and 87 [supra] is guilty of an offence and is liable on conviction to the penalties set out in section 89(1) or (2) [infra], as the case may be.

Penalties

89.(1) A person convicted of an offence referred to in sections 37(3), 40(2), 58(2), 80(5). 82(2) or 86(1), (2) or (3) [of this Act 25 of 2002] is liable to a fine or imprisonment for a period not exceeding 12 months.

(2) A person convicted of an offence referred to in section 86(4) or (5) or section 87 [supra] is liable to a fine or imprisonment for a period not exceeding five years.”

(Particulars in square brackets inserted by Pollex.)

The sections supra must of course be read with the word definition of “data” as it appears in section 1 of this Act 25 of 2002 namely, that, “data means electronic representations of information in any form”.

******************************

[This is only an extract of a discussion published in Pollex legal column in Servamus: October 2019 from pp 64-66. The rest of the discussion reminds investigating officers about other offences which they can charge cybercriminals with prior to the enactment of the Cybercrimes and Cybersecurity Bill and the outcome of this trial. If you are interested in obtaining the rest of the discussion, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or phone (012) 345 4660 to find out how. Ed.]

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Servamus - August 2020

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
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
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
We all complain about the high costs of private healthcare and the monthly contributions we have to pay.
By Kotie Geldenhuys

Pollex - August 2020

Again the handing back of the firearm by the SAPS in a domestic violence-related relationship - S v N 2016 (2) SACR 436 (KZP);
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.
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 -
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

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.
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.