• Cellphones are valuable commodities in correctional centres as they enable inmates to keep in touch with their family and to keep their criminal networks active on the outside. Read the article published from p22 in Servamus: December 2021 to see how they get them into their cells.

  • Some people will do anything to get money – even murder their own family – like former Const Ndlovu. Our article published from p27 in Servamus: December 2021 deals with the realities of insurance fraud – especially in tough economic times.

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- Mxolisi Mananga and Others v Minister of Police (Case no 342/2020) [2021] ZASCA 71 (4 June 2021) (SCA)

Relevant legal provisions
Section 40(1)(b) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

“40. Arrest by peace officer* without warrant

(1) A peace officer may without warrant arrest any person -

(a) …

(b) who he or she reasonably suspects of having committed an offence referred to in Schedule 1 [of this CPA], other than the offence of escaping from lawful custody;

(c) to (q) …

(2) …”

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

Schedule 1 of the CPA referred to supra provides, for as far as it is relevant to this discussion, as follows:

“Assault, when a dangerous wound is inflicted.” In the Afrikaans text: “Aanranding, wanneer ‘n gevaarlike wond toegedien word.”*

On p129 of Criminal Law, fifth edition by Snyman, as published by LexisNexis, the learned author Snyman defines the ground of justification of “official capacity* as follows:

“An act which would otherwise be unlawful is justified if X is entitled to perform it by virtue of the office he or she holds, provided it is performed in the execution of his or her duties. For this reason, the clerk whose duty it is to look after the exhibits in court cases is not guilty of the unlawful possession of drugs which are exhibits in a court case; the official whose duty it is to confiscate liquor or a dangerous weapon in terms of a court order does not commit malicious injury to property, and the police official who searches an arrested or suspected criminal does not commit assault or crimen injuria.”

Background
On 15 March 2015, in the district of Cofimvaba*, Mr Ncedile Duel Sambunjana (hereinafter referred to as the complainant) was allegedly assaulted by a number of assailants, including Messrs Mxolisi Mananga, Thando Ngqoyi and Mava Mananga (hereinafter collectively referred to as the appellants). The complainant was severely beaten and sustained, inter alia, five lacerations on his head and a fractured wrist*.

As a result of these injuries the complainant proceeded first to the nearby clinic to seek medical assistance, from where he was transported by ambulance to the Covimvaba Hospital. There his head wounds were sutured (Afrikaans: “toegewerk/vasgeheg”) whereafter he was transported to a hospital in East London for the assessment of his wrist. At the East London Hospital his wrist was immobilised in a plaster of Paris before he was again returned to Covimvaba. In Covimvaba, he was admitted and kept in hospital until 19 March 2015. Upon his discharge, he proceeded first to a doctor to obtain a J88 medical report, and then to the SAPS in order to lay a charge of assault with intent to do grievous bodily harm (hereinafter referred to as “assault GBH”). Accordingly, a police case docket was opened in which the complainant recorded the events supra and in which he identified his assailants.

Civil claims against the Minister of Police in the High Court in Mthatha
Not satisfied with their arrests, the appellants sued the Minister of Police (as the employer of W/O Qunta) for damages in respect of wrongful and unlawful arrests, before the High Court in Mthatha. The Minister admitted that the appellants were arrested without a warrant, but denied that it was wrongful and unlawful. According to the Minister, the arrests had been effected “in terms of section 40(1)(b) of the CPA supra, as they (the appellants) were [reasonably] suspected of having committed an offence referred to in Schedule 1 of the CPA namely, “assault, where a dangerous wound is inflicted” (see supra). As the High Court accepted the Minister’s defence, it gave judgment in favour of the Minister.

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[This is only an extract of an article published in Pollex in Servamus: November 2021. 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 - December 2021

"On Monday 1 November 2021 I hugged every member of my immediate family, us all in tears, as I said goodbye to board a flight."
By Annalise Kempen
What guarantee do we have that when we enter a doctor's consulting room that the person wearing the stethoscope around their neck has really qualified as a medical practitioner?
Compiled by Annalise Kempen
In an ideal world, the community would pay serious attention to awareness campaigns to ensure that they mitigate their risk of falling victim to crime.
By Annalise Kempen
A topic that is seldom under discussion in higher education and academic circles is academic corruption and fraud.
By Kotie Geldenhuys

Pollex - December 2021

Read More - Minister of Police and NDPP v Mr Ranshaw Bagley, Case no: CA 18/2020, dated 11 May 2021, High Court Makhanda (Grahamstown) (ECG)
Picture the following scenario: Mr Ranshaw Bagley (hereinafter referred to as “Ranshaw”), who is a member of the South African Police Service (“the SAPS”) (rank unknown), is minding his own business on a Saturday morning at his house in MT Croix in Gqeberha (Port Elizabeth).
Read More - [Mr] DT v [Ms] BT 2021 (3) SACR 668 (FB)
Mr DT and Ms BT are husband and wife. Ms BT, however, absconded the marital home as the couple was involved in a hostile divorce at the time.
Relevant, applicable legal provisions Section 35 of the National Road Traffic Act 93 of 1996 (“the NRTA”), as amended by the National Road Traffic Amendment Act 64 of 2008, provides as stated infra. Note however that, in subsection (3) of section 35 the words that are highlighted, were inserted by means of the Amendment Act 64 of 2008, and that words in square brackets are inserted by Pollex:

Letters - December 2021

NAME: W/O L Zandberg STATION: Pretoria Central Magistrates’ Court
It is with a sad and heavy heart that we learnt of the sudden passing of our dear Sgt M Walter Nxumalo on 7 October 2021.
December 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.