• 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 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.

In other words, to put it in general terms, count 1 being “housebreaking with the intent to rape” and count 2 being “attempted rape”.

In the result the accused was sentenced to life incarceration.

Note that the complainant was, in respect of both counts, at the time of the incidents concerned, a 13-year-old girl child.

Not satisfied with this outcome, the accused appealed to the High Court in Bloemfontein (“the court of appeal”) against both his conviction and sentence.

Of importance to readers of this column is that the court of appeal held that there is no basis upon which the trial court could have “combined” the two counts supra to form only one count. According to the court of appeal, a judgment or verdict needs to be pronounced on each of the counts.

In sentencing the accused, the point of departure of the trial court was, according to the court of appeal, that the General Law Amendment Act 105 of 1997 (hereinafter referred to as the “Minimum Sentences Act”) is applicable with life incarceration being the relevant prescribed minimum sentence.

Bear in mind that in terms of section 51(1) of the Minimum Sentences Act, read together with Part I of Schedule 2 thereto, life incarceration is, inter alia, the prescribed minimum sentence in the following circumstances:

“Rape as contemplated in section 3 of Act 32 of 2007 -

(b) where the victim -

(i) is a person under the age of 16 years …”

Section 55(a) of Act 32 of 2007 provides as follows:

“Attempt, conspiracy, incitement or inducing another person to commit sexual offence

55. Any person who -

(a) attempts;

(b) and (c)…
to commit a sexual offence in terms of this Act [32 of 2007], is guilty of an offence and may be liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.”

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

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[This is only an extract of this legal discussion published in Servamus: May 2021. If you are interested in finding out how you can read the rest of this discussion, send an email to: This email address is being protected from spambots. You need JavaScript enabled to view it..]

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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.