• Remember the bomb technician’s motto: “I am a bomb technician, if you see me running, try and keep up!” – In the January 2018 issue of Servamus we share the realities faced by bomb technicians and tell you what it takes to become one.

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  • In the second part of our short series of “Putting school bullies in their place” – Legally published in Servamus: January 2018, we guide readers you step by step on how to obtain a Harassment Act protection order and the accompanying warrant of arrest..

    In the second part of our short series of “Putting school bullies in their place” – Legally published in Servamus: January 2018, we guide readers you step by step on how to obtain a Harassment Act protection order and the accompanying warrant of arrest..

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- Director of Public Prosecutions (DPP), Gauteng v MG 2017 (2) SACR 132 (SCA)

Background
Section 57(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 provides as follows:

“57. Inability of children under 12 years and persons who are mentally disabled to consent to sexual acts

(1) Notwithstanding anything to the contrary in any law contained, a male or female person under the age of 12 years is incapable of consenting to a sexual act.

(2) …”

Discussion
Mr MG, the accused, was convicted by the regional court in Louis Trichardt (“the trial court”) in the Limpopo Province on the following six counts:

Counts 1, 2 and 3: rape in contravention of section 3 of Act 32 of 2007;

Count 4: using a child for child pornography in contravention of section 20(4) of Act 32 of 2007;

Count 5: exposing, displaying or causing the exposure or displaying of child pornography in contravention of section 19(a) of Act 32 of 2007; and

Count 6: sexual grooming of children in contravention of section 18(2)(a) of Act 32 of 2007.

In respect of counts 1, 2 and 3 (the three rape counts), the accused was sentenced to life incarceration on each of the three counts. The remaining counts 4, 5 and 6 were treated as one for the purposes of sentence whereupon a sentence of ten years’ incarceration was imposed.

The complainant in this matter was the daughter of the wife of the accused from a previous relationship. The offences supra were discovered by the accused’s wife when she was using the family computer and came across pornographic images of adult women. She later stumbled upon photographic images of the accused engaged in sexual acts with the complainant. This discovery set the wheels of justice in motion and culminated in the convictions and sentences referred to supra.

The complainant was ten years old at the time of the commission of the said offences.

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[This is only an extract of a discussion published in the Pollex Legal Column from p 60 in Servamus: November 2017. Contact Servamus’s offices to request the rest of this interesting article by sending an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or by phoning (012) 345 4660/22.]

Servamus - January 2018

The late Hansie Cronjé, South Africa's former cricket captain, was a national hero until cricket's biggest match-fixing scandal destroyed him. In 2000, South Africans and cricket lovers across the world were shocked when Hansie's name was connected with being involved in match-fixing.
By Kotie Geldenhuys
A young woman struggled with her weight for years and became so ashamed of her body that she was afraid to leave her home.
By Kotie Geldenhuys
For the past couple of years South Africans have witnessed the fall of one national police commissioner after another, resulting in Pres Zuma's track record of appointing National Police Commissioners being questioned.
By Kotie Geldenhuys
It is very early on a Monday morning, 03:00 to be exact, and not much is going on at a filling station in Mankweng in Limpopo. But then, suddenly, all hell breaks loose when three vehicles pull up at the station.
By Annalise Kempen

Pollex - January 2018

Read More - unreported (CC 26/2016) [2017] Zaecpehc 53 (2 November 2017) (ECP)
The reference supra is that of the widely publicised murder trial before the Port Elizabeth High Court in which Christopher Panayiotou and Sinethemba Nemembe were convicted of the murder of the late Ms Jayde Panayiotou who was the wife of Christopher.
Read More - S V Njiva and Another 2017 (1) SACR 395 (ECM)
Section 217(1) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows: “217. Admissibility of confession by accused
Read More - National Commissioner of Police v Southern African Human Rights Litigation Centre and Another 2015 (1) SACR 255 (CC)
In 2007 in Harare, the Zimbabwe police raided the headquarters of the main opposition political party whereafter they detained and allegedly tortured (Afrikaans: "martel") 100 Zimbabwean nationals.

Letters - January 2018

W/O David Pillay retired at the end of November 2017 after having served the South African Police Service and various communities for more than four decades - a lifetime to some.
Over the years, numerous retired police members, usually gathering at the funeral of a former colleague, suggested the formation of an organisation where retired police members could meet regularly to rekindle friendships; form new friendships; and share memories of the past on a regular basis and in an organised manner
Servamus has published a great article on the Tracker SAPS Awards 2017 in the November issue of the magazine whereby all units and nominated members were covered for the absolutely brilliant work they do in partnership with Tracker.
Members of the social crime prevention office of Emanguzi SAPS have been working hard to bring awareness to the local communities in an effort to protect the most vulnerable and youngest members in our communities.
January 2018 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.