• Too many street children resort to sniffing glue to help them to forget about the pain, cold and even abuse they have to suffer. We explore their world in an article featured in Servamus: May 2021.

  • The reality about the persistent demand for babies due to people who cannot have their own, has resulted in a market for “human fertility”. We explore this shocking reality in the May 2021 issue of Servamus.

  • Perfect parents do not exist, but parents can be guided in doing their best to help their children to grow up to become responsible and law-abiding citizens. In the May 2021 issue of Servamus we provide our readers with a parenting guide.

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- S v Machaba and Another 2016 (1) SACR 1 (SCA)

Section 60(11B)(a) and (c) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provide as follows:

“(11B)(a) In bail proceedings the accused, or his or her legal adviser, is compelled to inform the court whether –

(i) the accused has previously been convicted of any offence; and

(ii) there are any charges pending against him or her and whether he or she has been released on bail in respect of those charges.

(b) …

(c) The record of the bail proceedings, excluding the information in paragraph (a), shall form part of the record of the trial of the accused following upon such bail proceedings: Provided that if the accused elects to testify during the course of the bail proceedings the court must inform him or her of the fact that anything he or she says, may be used against him or her at his or her trial and such evidence becomes admissible in any subsequent proceedings.”

Section 235 of the CPA provides as follows:

“235. Proof of judicial proceedings

(1) It shall, at criminal proceedings, be sufficient to prove the original record of judicial proceedings if a copy of such record, certified or purporting to be certified by the registrar or clerk of the court or other officer having the custody of the record of such judicial proceedings or by the deputy of such registrar, clerk or other officer or, in the case where judicial proceedings are taken down in shorthand or by mechanical means, by the person who transcribed such proceedings, as a true copy of such record, is produced in evidence at such criminal proceedings, and such copy shall be prima facie proof that any matter purporting to be recorded thereon was correctly recorded.

(2) Any person who, under subsection (1), certifies any copy as true knowing that such copy is false, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding two years.”

Section 115 of the CPA is about the procedure to be followed where an accused person pleads not guilty at a summary trial and where any statement made by such accused person during plea procedure, may be recorded as an admission under certain specified circumstances.


[This is an extract of this court case discussed in Servamus: February 2021. If you want to read the rest of this legal 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.. Ed.]

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Servamus - May 2021

This tweet left me with much to think about: “So my 8 year old met the guy in my life for the first time and he asked him for permission to call him dad.
By Annalise Kempen
South Africa is not only one of the countries with the highest crime rates in the world, but also with the highest rate of Foetal Alcohol Syndrome (FAS) globally.
By Kotie Geldenhuys
In April 2021, a video showing a Grade 10 learner being bullied in full view of her peers at a secondary school in Limpopo, went viral on social media.
By Sas Otto
Infertility or the desire to have a child has resulted in many babies ending up as commodities for sale on the black market.
By Kotie Geldenhuys

Pollex - May 2021

Read More - Doorewaard and Another v the State (Case No 908/2019) [2020] ZASCA 155 (27 November 2020) and 2021(1) SACR 235 (SCA
ntroduction Mr Pieter Doorewaard (accused 1) and Mr Philip Schutte (accused 2) were convicted before the High Court in Mahikeng in the North West Province (“the trial court”) on five counts, namely murder; kidnapping; intimidation; theft and illegal pointing of a firearm.
Read More - S v Lekeka 2021 (1) SACR 106 (FB)
Mr Molefe Edward Lekeka, the accused, was convicted by the regional court in Bethlehem in the Free State (“the trial court”), of count 1, housebreaking with intent to contravene section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (hereinafter referred to as Act 32 of 2007), and count 2, contravening section 55(a) of Act 32 of 2007.
Read More - amaBhungane Centre for Investigative Journalism NPC* and Another v Minister of Justice and Correctional Services and Others; Minister of Police v amaBhungane Centre for Investigative Journalism NPC* and Others CCT 278/19 AND CCT 279/19 dated 4 February 2021 Constitutional Court (CC)
The applicants, namely amaBhungane Centre for Investigative Journalism NPC* and Mr Stephen Sole - a journalist who had been the subject of state surveillance* - approached the High Court in Pretoria (“the High Court”) on the basis of a number of constitutional challenges to the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (hereinafter referred to as “RICA”)*.

Letters - May 2021

I endorse the sentiments of Jay Jugwanth about the absence of the Police Minister and MEC at the home of Sgt Paul.
On 11 March 2021, a closely-knit family was robbed of its nucleus, D/Sgt Jeremy Paul, who was ambushed and murdered while tracing a suspected in Swapo, an informal settlement in Pietermaritzburg.
Losing Louis has been very difficult for both myself, my sons, Jordan aged 14 and Jared aged 12. Louis contracted Covid-19 at the beginning of December 2020, and became too weak to fight anymore.
May Magazine Cover

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