• The lockdown has brought along increased policing which unfortunately led to some police and army members taking the law in their own hands by acting violently towards the public. Read our article published in Servamus: February 2021 dealing with this violence.

  • Food fraud is seldom talked about, but a crime that affects rich and poor and can be deadly. The horse meat scandal from 2013 – that was one example. Read the article published in Servamus: February 2021, to learn what food fraud entails.

  • Although many South Africans experienced hard lockdown as having to stay home and limit social exposure, it was a much different game for sex workers. They had to deal with unique challenges during the lockdown and we explore what they did in an article published in Servamus: February 2021..

  • 1
  • 2
  • 3
  • 4
  • 5
0
0
0
s2smodern
powered by social2s

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

Introduction
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.]

0
0
0
s2smodern
powered by social2s

Servamus - February 2021

COVID-19 affects almost every facet of people’s lives and nobody has been left untouched.
By Kotie Geldenhuys
COVID-19 does not only impact on society and the economy, but it also impacts and shapes organised crime and illicit markets.
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 Kotie Geldenhuys
“Bravery is not the absence of fear, but action in the face of fear” - Mark Messier.
By Kotie Geldenhuys

Pollex - February 2021

Introduction Amendments to the Private Security Industry Regulations, 2002 as published in Government Gazette No 23120 dated 14 February 2002 (“the 2002 Regulations”) are published on p966 to p985 of Part 8 of Government Gazette No 43495 dated 3 July 2020.
Read More - S v Lungisa (696/2019) [2020] ZASCA 99 (9 September 2020) (SCA)
Mr Andile Lungisa, the accused, was convicted on 17 April 2018 before the magistrate’s court, Port Elizabeth (“the trial court”) on a charge of assault with intent to cause grievous bodily harm.

Letters - February 2021

Capson Phuti Kabe was born on 12 August 1960. He was a disciplinarian, a witty public speaker and a seasoned speech writer
Background In Ask Pollex of Servamus: January 2021, Pollex referred to an article that was published in Maroela Media relating to police stations’ areas of jurisdiction.
February 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.