• Extreme weather has led to more frequent flooding. Our article published from p27 in Servamus: January 2022 look at which emergency services are involved during such disasters and give tips to stay safe.

  • Large parts of South Africa have suffered a severe drought for more than 6 years. Our article published from p30 in Servamus: January 2022 look at the impact of droughts on our lives; diseases during droughts and provide tips to save water.

  • Do you know what to do in case of a hazmat incident or vehicle crash? We provide valuable tips on what to do in such cases in our article published from p37 in Servamus: January 2022.

  • 1
  • 2
  • 3
  • 4
  • 5

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 - January 2021

In Servamus: December 2021, I discussed how the killing or injuring of a human being may be justified in terms of our common law.
By Adv John I Welch
For many South Africans the word “disaster” became a reality in March 2020 when the President of the country, Mr Cyril Ramaphosa addressed the nation in the first of many “family meetings” to follow when he announced the country’s first lockdown.
By Annalise Kempen
Natural disasters, such as earthquakes, fires, floods and hurricanes are damaging events that change the lives of people within no time.
By Kotie Geldenhuys
Each year during the dry season, which for the largest part of the country is the winter months, authorities warn us about our behaviour about making fire.
By Annalise Kempen

Pollex - January 2022

- S v Tilayi appeal case no: CA 22/2020 High Court Mthatha dated 9 March 2021 and 2021 (2) SACR 350 (ECM)
Mr Mbiyozo Zanodumo Tilayi, the accused, was convicted during a summary trial before the High Court in Mthatha (“the trial court”) of the following offences:
Read More - Messrs (1) Sechaba Seloana; (2) Mmuso Seloana; and (3) Abraham Itumeleng Popa v (1) The Director of Public Prosecutions [for the Free State Province] [DPP]; (2) National Director of Public Prosecutions [NDPP]; and (3) the Presiding Magistrate in the Welkom District Magistrates’ Court case no: 4019/2020 High Court Bloemfontein dated 24 August 2021 (FB)
Relevant, applicable legal provisions Section 75 of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

Letters - January 2022

NAME: W/O L Zandberg STATION: Pretoria Central Magistrates’ Court
During October 2021, my husband and I were on holiday but got stranded 10 km before Jansenville in the Eastern Cape with flat tyres.
January 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.