• 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 Van Schalkwyk Appeal Case no A145/2020, dated 6 May 2021, High Court Cape Town (WCC)

Background
On 31 March 2017, Mr Nolan van Schalkwyk, the accused, and another man (hereinafter referred to as “the second assailant”) attempted to rob the complainant, who was walking towards the Rentech Station in the Belhar area in the Cape Peninsula at around 06:15, while on his way to work. It was still completely dark.

The accused approached the complainant with a small, greyish, imitation toy gun (Afrikaans: “nagemaakte speelgoedgeweer”) in his hand. The imitation toy gun was pointed at the complainant’s body and the accused demanded that the complainant hand the bag that he had on his back, to the person behind him (the second assailant) who was pulling at the bag.

While the accused was pointing the imitation toy gun at the complainant, Const Grant David Abrahams, approaching from his front, behind the accused, stopped the attempted robbery and arrested the accused.

The second assailant who was behind the person pulling at the bag and demanding that the complainant hand it over, also saw Const Abrahams coming whereupon he ran away. It was, however, too late for the accused to run away whereupon he was arrested by Const Abrahams.

The trial before the trial court
In due course the accused was charged before the regional court (“the trial court”) of attempted robbery with aggravating circumstances (Afrikaans: “met verswarende omstandighede”).

In section 1 of the Criminal Procedure Act 51 of 1977, aggravating circumstances is defined as meaning that -

“in relation to -

(a) (repealed)

(b) robbery or attempted robbery, means -

(i) the wielding of a firearm or any other dangerous weapon;

(ii) the infliction of grievous bodily harm; or

(iii) a threat to inflict grievous bodily harm, by the offender or an accomplice on the occasion when the offence is committed, whether before or during or after the commission of the offence”.

(Emphasis added by Pollex.)

In the trial court, Const Abrahams testified that he acted upon information gained of robberies in that area referred to, whereupon he stood in the dark in the yard of a house when he saw the three men approaching. When he (Abrahams) heard a scream, he reacted whereupon the accused was subsequently arrested. As stated supra, the second assailant ran away.

According to the accused, in the trial court, he stated that his intentions and actions on that particular morning was to rob people in the area referred to and that he and the second assailant on that particular morning had already robbed someone. The accused had, according to the evidence of both the complainant and Const Abrahams an imitation toy gun on him upon his arrest.

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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.