• 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 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 - 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

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.