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New Legislation

Amendment of the Financial Intelligence Centre Act (FICA) 38 of 2001

According to Government Gazette No 47596 dated 29 November 2022, the Minister of Finance amended Schedules 1 and 2 and repealed Schedule 3 of FICA.

These amendments (which are rather numerous), came into operation on 19 December 2022.

Schedule 1 of the FICA is about a "List of accountable institutions", while Schedule 2 is about a "List of supervisory bodies". The now repealed Schedule 3 was about "dealing in motor vehicles" and "dealing in Kruger rands".

Criminal Law (Forensic Procedures) Amendment Act 8 of 2022
The above Amendment Act appears in English and Afrikaans in Government Gazette No 47735 dated 14 December 2022.

According to its long title, it is to make provision for the full implementation of certain transitional arrangements contained in the Criminal Law (Forensic Procedures) Amendment Act 37 of 2013 (the so-called "DNA Act") (see Pollex in Servamus: April 2014), and provide for the enforcement of the obligation to submit to the taking of a buccal sample (in Afrikaans text: "wangholtemonster"), and further, to provide for matters connected therewith (discussion continues) …

Drugs and Drug Trafficking Amendment Act 14 of 2022
The above Amendment Act appears in English and Afrikaans in Government Gazette No 47736 dated 14 December 2022.

Firstly: This Amendment Act repeals (Afrikaans: "herroep") section 63 of the Drugs and Drug Trafficking Act 140 of 1992 which empowers the Minister of Justice and Correctional Services to amend (without the intervention of Parliament) Schedules 1 and/or 2 of the Drugs and Drug Trafficking Act 140 of 1992 (discussion continues) …

General Laws (Anti-money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022
The above Act 20 of 2022 appears in Government Gazette No 47802 dated 29 December 2022.

It is a rather lengthy Act consisting of 63 pages of the said Government Gazette supra (discussion continues) …

Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act 23 of 2022
The above Act 23 of 2022 appears in Government Gazette No 47803 dated 29 December 2022 (discussion continues) …

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[This is an extract of a discussion about recently amended legislation as published in Pollex in Servamus: May 2023. If you are interested in reading the rest of the discussion, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. or a WhatsApp or SMS message to: 078 712 1745 to find out what you need to do to acquire the article. Ed.]

Servamus - June 2023

SCHOOLS: A paradise for gangsters?
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It seems that some schools in the country have become a paradise for gangsters as children are recruited to join gangs and turf wars are fought on school grounds.
By Kotie Geldenhuys
Is there life after crime?
Read More
Each year, a large number of incarcerated offenders are released from South African correctional centres and returned to their families and communities.
By Kotie Geldenhuys
Follow the money behind human trafficking
Read More
Nobody volunteers to become a victim of human trafficking or modern slavery.
Compiled by Annalise Kempen
The "father wound": A lifetime of pain
Read More
"When growing up in an environment where your father does not care about you and never gives you a pat on the back saying 'well done', it open doors for gangsterism."
By Kotie Geldenhuys
Newsflash

Pollex - June 2023

Thabo Bester's Escape From Mangaung Correctional Centre in Bloemfontein
During March/April 2023 Mr Thabo Bester, referred to supra, was constantly in the news.
Domestic Violence Act 116 of 1998
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The Domestic Violence Act 116 of 1998 (hereinafter referred to as Act 116 of 1998) is amended by the Domestic Violence Amendment Act 14 of 2021 which appears in English and Afrikaans in Government Gazette No 45824 dated 28 January 2022 (hereinafter referred to as the "Amendment Act").
Stop unlawful arrest and detention: A fresh, new look by the SCA at unlawful arrest and detention
Read More - Diljan v Minister of Police (Case no 746/2021) [2022] ZASCA 103 (dated 24 June 2022) (SCA)
Relevant legal provisions applicable to this judgment Section 40(1)(b) of the Criminal Procedure Act 51 of 1977 ("the CPA") provides as follows:

Letters - June 2023

Go Digital - Servamus!
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Ek is baie dankbaar dat ek oorgeskakel het vanaf die gedrukte na die digitale uitgawe van Servamus.
Release of Krugersdorp rape victims’ details
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I am dismayed to learn of the "unintended" public release of personal information of eight victims of a rape that occurred in July 2022 in Krugersdorp.
Well done Townhill SAPS
Read More
The manner in which I was received by the acting Station Commander of Townhill SAPS, W/O P K Naidoo, on the morning of 12 April 2023, not only humbled me but caused me to eat humble pie.
June Magazine Cover

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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.