• 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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- 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:

“194. Incompetency due to state of mind

No person appearing or proved to be afflicted with mental illness or to be labouring under any imbecility of mind due to intoxication or drugs or the like, and who is thereby deprived of the proper use of his reason, shall be competent to give evidence while so afflicted or disabled.”

Section 164 of the CPA provides as follows:

“164. When unsworn or unaffirmed evidence admissible

(1) Any person, who is found not to understand the nature and import of the oath or the affirmation, may be admitted to give evidence in criminal proceedings without taking the oath or making the affirmation: Provided that such person shall, in lieu of the oath or affirmation, be admonished by the presiding judge or judicial officer to speak the truth.

(2) If such person wilfully and falsely states anything which, if sworn, would have amounted to the offence of perjury or any statutory offence punishable as perjury, he shall be deemed to have committed that offence, and shall, upon conviction, be liable to such punishment as is by law provided as a punishment for that offence.”

Discussion
The accused was convicted of rape in contravention of section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 before the regional court in Mount Frere* in the Eastern Cape (“the trial court”). He was sentenced to life incarceration.

The appeal to the High Court in Mthatha by the accused was unsuccessful whereupon both his conviction and sentence were confirmed.

Upon further appeal by the accused to a full bench of five judges before the Supreme Court of Appeal in Bloemfontein (“the SCA”), the evidence as presented before the trial court, was analysed.

From this analysis it appeared that the complainant (a 28-year-old female) and the accused are relatives; the latter was, at the time, married to the complainant’s maternal aunt*; the complainant resided with the accused and his wife at Cwalinkungu in Mount Frere; it was common cause that on a number of occasions during 2015 the accused and complainant had sexual intercourse; and that, according to the accused, there was a love relationship between himself and the complainant and that the latter had consented to sexual intercourse with him.

It further appeared that after the accused had pleaded not guilty to the charge, the public prosecutor called the complainant as the first witness for the State.

When the complainant took the witness box, the prosecutor addressed the trial court as follows:

“Your Worship, there is something that I have just missed regarding the complainant. When I consulted with her, Your Worship, I found that she is not ‘mentally stable’, to a certain extent, Your Worship. May I apply, Your Worship, to also insert same on the charge-sheet, Your Worship?”

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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.