• 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.

  • 1
  • 2
  • 3
  • 4

By Kotie Geldenhuys

The investigation of crime requires both experience and proficient detective work. The pointing-out of crime scenes by a suspect is an important part of the investigation and goes hand in hand with confessions and admission. The pointings-out of crime scenes happen when suspects are taken to an alleged crime scene to inform the police about what had happened.

Pointings-out are referred to in section 218 of the Criminal Procedure Act 51 of 1977:
"218. Admissibility of facts discovered by means of inadmissible confession

(1) Evidence may be admitted at criminal proceedings of any fact otherwise in evidence, notwithstanding that the witness who gives evidence of such fact, discovered such fact or obtained knowledge of such fact only in consequence of information given by an accused appearing at such proceedings in any confession or statement which by law is not admissible in evidence against such accused at such proceedings, and notwithstanding that the fact was discovered or came to the knowledge of such witness against the wish or will of such accused.

(2) Evidence may be admitted at criminal proceedings that anything was pointed out by an accused appearing at such proceedings or that any fact or thing was discovered in consequence of information given by such accused, notwithstanding that such pointing-out or information forms part of a confession or statement which by law is not admissible in evidence against such accused at such proceedings."

In S v Sheehama 1991(2) SA 860(A) the Supreme Court of Appeal (SCA) stated that pointings-out were to be considered to be admissions by conduct and that their admissibility was accordingly to be governed by the provisions of section 217 (confessions) and section 219A (admissions) (Van Zyl, 2015).

Keeping the distance
The investigating officer must keep his or her (physical) distance during the pointing-out process. In fact, it is of utmost importance that the investigating officer does not participate in the pointing-out process at the crime scene. D/Capt Ben Booysen, who investigated the Krugersdorp murders (refer to the Crime Series published in Servamus: July, August and September 2020) explains that when a task team is part of an investigation, nobody who is part of that investigation must be at the crime scene where pointings-out are made. According to Adv Zaais van Zyl SC, a retired prosecutor, he had to explain to court, more than once why the investigating officer's vehicle could be seen in some photos taken during the pointing-out process (Van Zyl, 2015).

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

[This is only an extract of an article published 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. Other issues that are highlighted is the pointing-out process at the crime scene and the importance of time during the process. 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.