• 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..

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- 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).

For purposes of sentencing, the three counts supra were taken together whereupon a globular sentence of 15 years’ incarceration was imposed. The accused’s co-accused, who was accused 2 before the trial court, was acquitted on all counts on the basis that the State/prosecution had not proven his identity as one of the perpetrators beyond reasonable doubt.

Not satisfied with this outcome, the accused appealed to the High Court in Pretoria (“the court of appeal”) against both his convictions and sentence, which appeal was, however, dismissed in its entirety.

Accordingly, the accused, likewise not happy with this outcome, approached a full bench of five judges of the Supreme Court of Appeal in Bloemfontein (“the SCA”), where he appealed against his conviction only regarding counts 2 and 3 supra, and the globular sentence of 15 years’ incarceration.

Here, in the SCA, the primary issue was whether the accused was in joint possession of a firearm and/or ammunition.

According to the SCA, there has been some confusion regarding the application of the principles of common purpose and joint possession (Afrikaans: “gemeenskaplike oogmerk en medebesit/gesamentlike besit”) where firearms are utilised in the course of a robbery or a housebreaking. Accused persons are frequently convicted of robbery with aggravating circumstances on the basis of common purpose, even if their role is relatively minor. In the absence of proof of a prior agreement, what has to be shown is, according to the SCA, that the accused was present together with other persons at the scene of the crime; aware that a crime would take place; and intended to make common purpose with those committing the crime as evidenced by some act of association with the conduct of the others. However, the principles of common purpose do not find application when convicting an accused for the unlawful possession of the firearm used in the same robbery. Instead, it is the principles of joint possession that apply.

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[This is only an extract of a legal discussion published in Pollex in Servamus: January 2021. If you are interested in reading the completed discussion, contact Servamus’s offices. Tel: (012) 345 4660 or send 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 - 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.