• What is the extent of the illegal organized cigarette trade in South Africa? How much money is lost annually to the South African economy as a result? We answer these and other important questions in an article published in Servamus: January 2021.

  • Servamus subscribers stand the chance of winning a BYRNA Less-lethal firearm (no need for permits). Turn to p21 of Servamus: January 2021 to find out what you need to do to win this awesome prize worth R7500!

  • COVID-19 has exacerbated the threat of crimes that are committed in the pharmaceutical industry, such as counterfeiting and fraud, as large consignments of counterfeit medical products have been distributed. Our article published from p24 in Servamus: January 2021, reveals more details.

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- Rautenbach v Minister of Safety and Security (nowadays called the Minister of Police) 2017 (2) SACR 610 (WCC)

Introduction
Mr Rautenbach instituted civil action for damages in the sum of R346 750 against the Minister of Police before the High Court in Cape Town arising from Mr Rautenbach’s alleged unlawful arrest and detention at the local police station in Mossel Bay*.

Background
Mr Rautenbach and his former wife, Mrs Gladys Rautenbach are divorced. On 22 October 2009, Mrs Rautenbach applied for and was granted a final protection order in terms of the Domestic Violence Act 116 of 1998 against Mr Rautenbach. Together with the protection order, Mrs Rautenbach also, in terms of section 8 of the Domestic Violence Act, received a warrant of arrest in respect of Mr Rautenbach. The execution of the warrant was, however, suspended on condition that Mr Rautenbach is prevented from, inter alia, committing further domestic violence, in assaulting and or insulting Mrs Rautenbach, and entering the premises and/or being present at the residence of Mrs Rautenbach in Mossel Bay.

Discussion
Mrs Rautenbach contacted the police after Mr Rautenbach sent her an e-mail early one morning of which the contents were offensive, vulgar and derogatory, expressing that he would not let go, that he bit like a bulldog and would not rest until he had his way. After this complaint, which was contained in a statement made to the police (see section 8 (4)(a) of the Domestic Violence Act), Const Forbes (at the time stationed in Mossel Bay) interviewed Mrs Rautenbach whereupon she told Const Forbes that she was a nervous wreck, could not sleep at her own house, and that Mr Rautenbach was at her house during the night and peeped through her windows. According to Const Forbes, Mrs Rautenbach further mentioned that she feared for her life and pleaded that he (Const Forbes) must do something about the matter. Const Forbes further testified that Mrs Rautenbach reiterated the alleged threat that Mr Rautenbach made to burn Mrs Rautenbach and her house down.

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[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.]

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Servamus - January 2021

A lack of employment and job opportunities is often considered to be an important reason for criminal behaviour.
By Kotie Geldenhuys
Towards the end of March 2020, the President, Mr Cyril Ramaphosa, announced that as of midnight on 26 March 2020, South Africa would go into a "hard lockdown".
By Kotie Geldenhuys
The current worldwide COVID-19 pandemic which resulted in various lockdown levels across the world, has opened new opportunities for criminals to exploit people - especially in cyberspace.
By Annalise Kempen
Families across the world have been affected by the COVID-19 pandemic which will likely have a long-lasting impact on public health and our well-being.
By Kotie Geldenhuys

Pollex - January 2021

Read More - S v Leshilo (345/2019) [2020] ZASCA 98 (8 September 2020) (SCA)
Mr Moshidi Danny Leshilo (hereinafter referred to as “the accused”), was accused 1 before the regional court, Pretoria (“the trial court”) where he was convicted on 11 June 2014 of housebreaking with the intent to commit an unknown offence in terms of section 262 of the Criminal Procedure Act 51 of 1977 (count 1); the unlawful possession of a firearm (count 2); and the unlawful possession of ammunition (count 3).
Read More - S v JA 2017 (2) SACR 143 (NCK)
Mr JA, the accused who is from Port Nolloth on the northern part of the South African west coast, was convicted of rape before the regional court, Springbok in Namaqualand.
Read More - S v Ndlovu 2017 (2) SACR 305 (CC)
Relevant legislation (1) Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 provides for the offence of rape simpliciter (Afrikaans: “sonder voorbehoud”).

Letters - January 2021

Hearty congratulations to Sgt T S Moletsane of the Beaufort West Stock Theft Unit who was awarded as the Best Member of a Stock Theft Unit - for the fourth consecutive year!
January 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.