• In what ways did the lockdown due to the COVID-19 pandemic impact on the illegal drug trade? We explore how traders changed their modi operandi in an article published from p14 in Servamus: June 2022.

  • Dogs are known for their excellent sense of smell. Read our article published from p30 in Servamus: June 2022 about how a South African company has trained dogs to also detect COVID-19.

  • The floods of April 2022 caused havoc and death in KwaZulu-Natal. Fortunately, hundreds of search and rescue specialists used their skills to help search for those who were in need. Refer to an article published from p36 in Servamus: June 2022.

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-S v Kyle Esau, High Court Cape Town Case No 199/21 dated 30 July 2021 (WCC)

Relevant and applicable legislation
Section 276(1)(b), (h) and (3) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

“276 Nature of punishments

(1) Subject to the provisions of this [CPA] and any other law and of the common law, the following sentences may be passed upon a person convicted of an offence, namely -

(a) (repealed);

(b) imprisonment, including imprisonment for life or imprisonment for an indefinite period as referred to in section 286B(1);

(c) to (g)…

(h) correctional supervision;

(i) …

(2) …

(3) Notwithstanding anything to the contrary in any law contained, other than the Criminal Law Amendment Act 105 of 1997 [also referred to as the Minimum Sentences Act], the provisions of subsection (1) [of this section 276 supra] shall not be construed as prohibiting the court -

(a) from imposing imprisonment [incarceration] together with correctional supervision; or

(b) from imposing the punishment referred to in subsection (1)(h) or (i) in respect of any offence, whether under the common law or a statutory provision, irrespective of whether the law in question provides for such or any other punishment: Provided that any punishment contemplated in this paragraph may not be imposed in any case where the court is obliged to impose a sentence contemplated in section 51(1) or (2), read with section 52, of the Criminal Law Amendment Act, 1997.”

Section 276A (4)(a) of the CPA provides as follows:

“276A Imposition of correctional supervision, and conversion of imprisonment [incarceration] into correctional supervision and vice versa [the other way round (Afrikaans: “omgekeerd”)]

(1) to (3) …

(4)(a) A court, whether constituted differently or not, which has imposed a punishment referred to in subsection (1) or (2) on a person or has converted his sentence under subsection (3)(e)(ii), may at any time, if it is found from a motivated recommendation by a probation officer, the Commissioner [of Correctional Services] or the parole board that that person is not fit to be subject to correctional supervision or to serve the imposed punishment, reconsider that punishment and impose any other proper punishment.

(b) …”

(Emphasis added and words in square brackets inserted by Pollex.)

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[This is only an extract of an article published in Pollex in Servamus: March 2022. If you are interested in reading the rest of the article, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. to find out what you need to do. Ed.]

Servamus - June 2022

According to the World Drug Report for 2021, as released by the United Nations Office on Drugs and Crime (UNODC), drug use resulted in the deaths of almost half a million people in 2019 (UNODC, 2021).
By Kotie Geldenhuys
In December 2011, 38-year-old Janice Bronwyn Linden from Durban was executed in China.
By Kotie Geldenhuys
WhatsApp and Telegram have become popular tools to send messages quickly and at almost no cost.
By Annalise Kempen
We all know someone who has been struggling with an addiction - ranging from prescription medication to illegal drugs, alcohol to gambling or even shopping.
Compiled by Annalise Kempen

Pollex - June 2022

Section 304(4) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:
Read More - S v Essop (Case no 432/2020) [2021] ZASCA 66 (1 June 2021) (SCA)
Mr Aadiel Essop, the accused, pleaded guilty before the regional court (“the trial court”) on 45 counts of contravening section 24B(1)(a) of the Films and Publications Act 65 of 1996 (hereinafter referred to as the “Publications Act”), as well as one count of common law kidnapping (Afrikaans: “gemenereg menseroof”).
Read More - Minister of Justice (First Appellant) and Minister of Police (Second Appellant) v Masia 2021 (2) SACR 425 (GP)
Picture the following: On 6 August 2013, Mr Thabo Toka Mack Masia (hereinafter referred to as “Masia”) presented himself by appointment at the Atteridgeville Magistrates’ Court in Pretoria before a maintenance (“papgeld”) officer for an enquiry in terms of the Maintenance Act 99 of 1998 pertaining to the maintenance of his minor child.
Read More - S v Albro Mclean. Case no: (A112/21) [2021] ZAWCHC158 High Court Cape Town dated 12 August 2021 and 2021(2) SACR 437 (WCC)
Mr Albro Mclean, the accused, was convicted of rape in the Wynberg regional court in the Cape Peninsula whereupon he was sentenced to life incarceration.

Letters - June 2022

On Monday 9 May 2022, the National Commissioner of the SAPS, Gen Fannie Masemola along with members of his management team conducted a site visit at the joint operational centre (JOC) for search and rescue teams at the Virginia Airport in Durban.
Saturday 14 May 2022 was to be yet another day of search, rescue and recovery operations in the disaster areas of KwaZulu-Natal following the flood devastation a few weeks earlier.
June 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.