Bend rules, pay the price

Comply with the lockdown regulations or you could end up with a criminal record

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.