From high fashion to making face masks
WALKING your dog, or transgressing any lockdown regulations, may trigger a criminal record for life.
A webinar held by Schindlers Attorneys and summarised by ward councillor Tim Truluck revealed there were now a number of new Covid-19 offences, some with admission of guilt fines. These fines are not like the ones you get breaking a by-law or a speeding ticket. They have much more severe consequences, he said.
In some, there is an option of a fine, while in others there isn’t. For a second or third offence, there is no admission of guilt fine option.
“All offences may be taken to court, where a judge can sentence you to a fine or put you in jail for one to six months. If you have a valid reason for doing what you were doing, then you may be let off.”
This record will last for 10 years, or you will have to go to court to expunge it if you have valid reasons as to why you broke the law.
Another reason you can apply to get it expunged is if the reason was not explained at the time you paid the fine.
If you have a criminal record, you would have to declare it in job, visa and immigration applications.
“This could have dire and long-lasting consequences; in my case, for instance, I would have to resign as a city councillor as the IEC (Electoral Commission of South Africa) precludes people with criminal records,” Truluck said.
The important thing is to stick to the intention of the law, which is to keep people at home and limit social interaction. To this end, you are only allowed to leave your home for shopping for essential services and goods, making or supplying essential goods and services and collecting a pension. Leisure activities and using a park are not allowed. The intention of the law is important when you consider its enforcement. Pretending you are cycling to the shops in your cycling gear or jogging or walking your dog when you go shopping are not allowed and may trigger an interaction with the SAPS, metro police and the SANDF, said Truluck.
Similarly, going shopping in Pretoria when you live in Parkhurst is not allowed. Visiting your parents for lunch is not allowed. Posting nonsense on the internet or having a wedding is not allowed. Taking a stroll with the family to buy a newspaper is not allowed.
If you are stopped, you will be questioned. The police officer or soldier may give you a chance to explain, or they may not, or they may not believe you. You could be arrested and taken to a police station.
“And if you start arguing, try to drive away, or your dog starts being aggressive, then your chances of being arrested increase. If you are arrested, the key thing to remember is to contact an experienced lawyer immediately.
Schindlers recommends that you should let the lawyer advise you. It is usually better not to pay the fine. Rather apply for bail and trigger the process to appear at a local magistrate’s court and follow the criminal trial process rather than try to expunge your criminal record after paying an admission guilt fine.
“To be let off, you usually need to demonstrate necessity, for example, I was in Pretoria to take food to my aged parents or I couldn’t get my medicine at a pharmacy near my home.
“To avoid all of this, stay at home, stop trying to bend the rules, go out only to do necessary things, be courteous when stopped and be able to easily explain what you are doing and where you are going.”
Consult a lawyer if you need legal help.
GOODBYE Malaria, the brainchild of concerned African entrepreneurs who had seen the devastation of the disease on the continent and felt they had to do something, has protected about two million people from malaria over the past few years.
It is now outsourcing the manufacture of about 50 000 face masks, some bearing South African colours, to Nando’s for its staff and for some to be donated to the Solidarity Covid19 Fund.
The masks are being made by Sandy Rogers, a fashion designer at Victoria Yards in Lorentzville, an arts centre established in the declining inner city area of Johannesburg.
“The clothing and fashion industry has been hit hard with cancelled orders and closure of factories. Koop Studio and Mpho Clothing factory (a female owned level 1 B-BBEE factory) based in Victoria Yards started making masks before the shutdown. At the same time, to keep the studio and the factory going and to provide muchneeded masks, we cut our stock fabrics into additional reusable and washable.
“Goodbye Malaria and Nando’s then contacted us to make masks as give-aways, so we opened the factory and ensured that only the machinists who could walk to work came to the studio to ensure we kept everyone safe. Nando’s has ordered 40 000 masks to date and we are using people who work from home in Joburg so we can deliver cut masks for them to make.
“By collaborating and joining forces, we aim to make sure the fashion industry is able to provide muchneeded masks to South Africans while trying to sustain small businesses.”
The masks have two layers of 100% cotton stock fabric or a sporty stretch scuba and can be washed and reused.
See www.koopstudio.co.za