• 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.

  • 1
  • 2
  • 3
  • 4
0
0
0
s2smodern
powered by social2s

- S V Kruse 2018 (2) SACR 644 (WCC)

Mr Kruse, the accused, is deaf and mute (Afrikaans: “doofstom”). He was convicted in the Wynberg regional court in the Cape Peninsula (“the trial court”) of the murder of the late Nashief Davids which took place at Eastridge in Mitchells Plain. The accused was 62 years old at the time of his trial.

The accused was legally represented throughout his trial. His defence was that he was acting in private defence (Afrikaans: “noodweer”). The accused was subsequently sentenced to 15 years’ incarceration.

On appeal by the accused against both his conviction and sentence before the High Court in Cape Town (“the court of appeal”), the question was whether or not the accused was afforded a fair trial.

It appeared that the accused was not born deaf and mute, but started experiencing hearing loss around Gr 5 and gradually lost his hearing and speech abilities. He can, however, read and write.

While in Gr 7 he lost his hearing completely whereupon he was sent to the De la Bat School for the deaf in Worcester in the Western Cape Province, but he only spent six months there. He had never had any formal training in sign language (Afrikaans: “gebaretaal/tekentaal”).

A sign language interpreter was duly sourced, but when the trial was set to commence, the accused, through this interpreter informed the trial court that he did not understand sign language well and could not follow proceedings. Accordingly, the accused requested that an interpreter by the name of Mr Anthony Salie from the De la Bat School supra, and/or the accused’s son, assist as interpreters. The trial court refused both these requests.

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

[This is an extract of the discussion of this court case that is published in Servamus: October 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.]

0
0
0
s2smodern
powered by social2s

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.