• 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

- 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.

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

[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.