• 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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- S v Msomi 2020 (1) SACR 197 (ECG)

Relevant law
Section 86 of the Electronic Communications and Transactions Act 25 of 2002 (hereinafter referred to as “the ECT Act”) provides as follows:

“Unauthorised access to, interception of or interference with data
86.(1) Subject to the Interception and Monitoring Prohibition Act, 1992 a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence.

(2) A person who intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective, is guilty of an offence.

(3) A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security measures for the protection of data, or performs any of those acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilise such item to contravene this section, is guilty of an offence.

(4) A person who utilises any device or computer program mentioned in subsection (3) in order to unlawfully overcome security, measures designed to protect such data or access thereto, is guilty of an offence.

(5) A person who commits any act described in this section with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users is guilty of an offence.”

Section 86 of the ECT Act must, of course, be read together with the definition of “data” as it appears in section 1 of the ECT Act, namely that -
“data means electronic representations of information in any form”.

Common law fraud is defined as follows by the learned author Snyman on p531 of his Criminal Law, fifth edition, as published by LexisNexis, namely -
“Fraud is the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another”.

Section 4 of the Prevention of Organised Crime Act 121 of 1998 (hereinafter referred to as "POCA") provides as follows:

“Money laundering
4. Any person who knows or ought reasonably to have known that property is or forms part of the proceeds of unlawful activities and -

(a) enters into any agreement or engages in any arrangement or transaction with anyone in connection with that property, whether such agreement, arrangement or transaction is legally enforceable or not; or

(b) performs any other act in connection with such property, whether it is performed independently or in concert with any other person, which has or is likely to have the effect -

(i) of concealing or disguising the nature, source, location, disposition or movement of the said property or its ownership or any interest which anyone may have in respect thereof; or

(ii) of enabling or assisting any person who has committed or commits an offence, whether in the Republic or elsewhere -

(aa) to avoid prosecution; or

(bb) to remove or diminish any property acquired directly, or indirectly, as a result of the commission of an offence, shall be guilty of an offence.”

Discussion
Mr Msomi, the accused, appeared before the Specialised Commercial Court in Port Elizabeth (“the trial court”) where he pleaded guilty on seven counts of white-collar crime-related offences.

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

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.