• Physical evidence is the silent witness in criminal cases which is why it should not be contaminated and why the chain of custody is vital. Read our article published from p20 in Servamus: August 2021 to learn more about evidence and the story it tells.

  • The reconstruction of a crime scene is a vital step to give the court an idea of what happened at a crime scene. Our article published from p34 in Servamus: August 2021 explains what the process entails.

  • Various role-players from within the SAPS can help to provide specialised information about the scene, the victim and the suspect at a crime scene. Our article published from p23 in Servamus: August 2021 highlights these role-players.

  • 1
  • 2
  • 3
  • 4
  • 5
0
0
0
s2smodern
powered by social2s

- 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.)

******************************

[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..]

0
0
0
s2smodern
powered by social2s

Servamus - August 2021

Television series have played a significant role in creating public interest about forensic science and the investigation of crime.
By Annalise Kempen
Despite Hollywood’s portrayal in numerous television programmes, crime scene investigation is a difficult and time-consuming task that cannot be completed in a couple of minutes.
By Kotie Geldenhuys
Fire and water - two elements of nature that result in opposite reactions: when one stares at a firepit or a bonfire and listens to the sound of water such as a waterfall or waves breaking, it typically makes one calm and relaxed.
By Annalise Kempen
Every crime scene tells a story which is why it is of utmost importance that proper crime scene management is implemented to prevent the destruction of any evidence that might be found at a scene.
By Kotie Geldenhuys

Pollex - August 2021

In two recent, different and unrelated case law, namely -
Read More - Minister of Transport v Brackenfell Trailer Hire (Pty) Ltd and Other 2021 (1) SACR 463 (SCA)
Role-players in this matter are: National Minister of Transport = the appellant;
Read More - S v Gabani 2021 (1) SACR 562 (ECB)
This Gabani case took place between the Mdantsane Magistrates’ Court and the High Court in Bhisho in the Eastern Cape.

Letters - August 2021

Dudley Maharaj was born in Pietermaritzburg in 1936 and recently turned 85 years of age.
NAME: W/O L H Zandberg STATION: Pretoria Central Magistrates’ Court
August 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.