• We cannot drive while on “autopilot” while doing other things such as using our cellphones, applying make-up or eating. Our article in Servamus: April 2021 explains why it is dangerous to multi-task while driving.

  • Do you agree that having more roadworthy vehicles on our roads will contribute to road safety and less crashes? If you don’t, read our Community Safety Tips in Servamus: April 2021 where we explain why we believe it would.

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- 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. On 6 May 2018, he was sentenced to three years’ incarceration of which one year was conditionally suspended for a period of five years.

Aggrieved by this outcome, the accused appealed to the High Court, Makhanda against both his conviction and sentence. On 2 April 2019, this appeal was dismissed - this High Court only adjusted the condition attached to the suspended portion of his sentence.

Still not satisfied with this outcome, the accused appealed again - but only against sentence - to the Supreme Court of Appeal in Bloemfontein (“the SCA”) where the appeal was heard before a full bench of five judges.

As a matter of interest, on 9 September 2020 the SCA judgment was published online. This SCA judgment consists of two columns. The left-sided column (hereinafter referred to as column 1) features the English version of the judgment, while the right-sided column (column 2) features the isiXhosa version of the judgment. As far as Pollex can remember, it is the first time that any court judgment in the RSA appears in this format.

The SCA (in paragraph [4] of column 1 of its judgment), presented a brief summary of the chain of events which preceded the way to the SCA. These events are that the accused’s conviction emanates from events which took place in the Nelson Mandela Bay Municipality Council (“the Council”) chamber at a meeting held on 27 October 2016. At that meeting the accused, who is a member of the African National Congress (ANC) and was, at the time of the incident, its leader in the Council, grievously assaulted Mr Ryno Kayser (“the complainant”), a Democratic Alliance (DA) councillor. The incident, which was recorded by Mr Ronaldo Gouws, also a DA councillor, on his cellphone, occurred during a debate involving the conduct of another ANC councillor, Mr Sabani, at a previous meeting. Due to the fact that a matter concerning him was to be discussed, the Speaker, Mr Jonathan Lawack had requested Mr Sabani to leave the Chamber. Mr Sabani refused to do so causing the Speaker to call for security personnel to remove him. Security members were prevented from approaching Mr Sabani by certain members of the Council, including the accused.

A motion which caused consternation among ANC councillors was adopted by the Council in respect of Mr Sabani. The meeting then descended into chaos. At this point, the accused and another ANC councillor, Mr Feni, approached the Speaker's precinct. Mr Feni grabbed the Speaker by the arm and the complainant moved towards the Speaker's table to intervene. It is at this stage that the accused hit the complainant on his head with a glass jug filled with water. The complainant fell to the ground and bled profusely. He became unconscious and was taken to hospital, where he received medical treatment. He sustained a 3 cm long and 1 cm deep laceration with an underlying haematoma on the left temple, a small flap laceration on the left ear, multiple linear abrasions (about 5 to 10 cm long) on the left side of the neck from which pieces of glass had to be surgically removed, and a “deep” 4 cm long abrasion on the upper chest. The laceration on his left temple was saturated.

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[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 - April 2021

They are all over our roads, they stop wherever they want to, ignore red traffic lights and are motorists’ worst nightmare.
By Kotie Geldenhuys
Desperate to get the Umgeni Municipality’s attention to fix the dangerous potholes on the roads in the Howick area in the KwaZulu-Natal Midlands, residents participated in a tongue-in-cheek pothole fishing competition at the end of February 2021.
By Kotie Geldenhuys
Road crash scenes do not make for a picture to remember.
By Kotie Geldenhuys
It is not unusual to hear or read about a serious or fatal vehicle crash where one of the drivers was under the influence of alcohol.
By Annalise Kempen

Pollex - April 2021

Read More - Alternative mechanisms required - S v Frederick and Another 2018 (2) SACR 686 (WCC)
Two independent and unrelated matters were referred for review to the High Court in Cape Town (“the review court”), at the same time and by the same magistrate (“the trial court”).
Read More - Booysen v Minister for Safety and Security 2018 (2) SACR 607 (CC)
This is a matter in which Mr Johannes Mongo, who was a SAPS constable reservist, shot and wounded his girlfriend, Ms Elsa Booysen.
Read More In the matter between - Ms Nomachule Gigaba (Née [born]) Mingoma - The applicant; and Minister of Police - the first respondent; Directorate for Priority Crime Investigation - the second respondent (hereinafter referred to as the Hawks); Maj-Gen M O Ngwenya - the third respondent and attached to the Hawks; Capt K M Mavuso - the fourth respondent and attached to the Hawks; Sgt Norton Ndabami - the fifth respondent and attached to the Hawks; National Prosecuting Authority (“The NPA”) - the sixth respondent; and WISE4AFRICA - the seventh respondent. Case number 43469/2020 ZAGPPHC55 dated 11 February 2021, High Court, Pretoria (GP).
The applicant in this matter, Ms Gigaba, is the estranged (Afrikaans: “vervreemde”) wife of the former Cabinet Minister, Mr Malusi Gigaba.

Letters - April 2021

After being side-lined for the past 11 months due to COVID-19, Captain Khumalo is returning to active duty. Captain Khumalo has returned to child-care centres and schools across Cape Town from 17 February 2021, to resume his mission of educating children on safety issues.
Die Bejaardesorgfonds vir afgetrede polisielede het op 5 Maart 2021 ‘n groot geskenk van die Klub79+1 groep in die vorm van ongeveer 600 gebreide blokkies en klaargemaakte komberse ontvang.
April 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.