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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 - October 2020

In the early morning hours of 2 June 2019, Bernard Groenewald, a truck driver, pulled over along the N1 near Touws River in the Western Cape, when a petrol bomb was thrown into his truck. As he tried to jump out of his truck to escape, he broke his ankle and was unable to flee the scene.
By Kotie Geldenhuys
On 6 September 2020, the SAPS commemorated the lives of 40 police officials who had paid the highest price during the period 1 April 2019 to 31 March 2020.
By Annalise Kempen
The untimely death of Suna Venter, an SABC journalist, in June 2017, is confirmation that threat assessment and management in the workplace is essential.
By Kotie Geldenhuys
We are all familiar with the term “bullying” and all too often images of learners who are bullied by teasing, isolation and physical assaults, come to mind.
By Kotie Geldenhuys

Pollex - October 2020

Read More - Pretorius and Others v Minister of Justice and Correctional Services and Others 2018 (2) SACR 501 (GP)
Three applicants, who are all members of the same family, were involved in this application before the High Court in Pretoria.
Read More - S V M 2018 (2) SACR 573 (SCA)
Relevant legislation Section 194 of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:
Read More - 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*.
Read More - S V Kruse 2018 (2) SACR 644 (WCC)
Mr Kruse, the accused, is deaf and mute (Afrikaans: “doofstom”).

Letters - October 2020

Congratulations to the subscribers who won the following books in this year’s book competitions:
It is with deep regret and much sadness that I learnt of the passing of W/O Herman de Bruin on 7 September 2020.
October 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.