Arrest on outstanding traffic fines

kaaskop

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Sep 26, 2005
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Dont know if this has been posted. Got it in an email today. With the ammount of junk that get posted these days I dont know if its true or not.

This is the Email:

Original Message -----
From: William Nowers
To: William Nowers
Sent: 21 November, 2008 9:44 AM
Subject: ROADSIDE ARREST ON OUTSTANDING FINES


ROADSIDE ARREST ON OUTSTANDING FINES



The LAW SOCIETY OF SA has currently appointed a group of attorneys to deal

with this flagrant transgression of the law; for further info on which attorney are

taking on cases like these, please call Hester Bezuidenhout 012 338 5872 who

will assist.



Know your rights



The traffic/metro police are doing random roadblock checks. They will also feed

your registration into a computer that will show up if you have any outstanding

fines. Know your rights.



If you get stopped for outstanding traffic fines - really important for all drivers:



Make sure that everybody gets this message.

The Jhb Metro Police, Cape Town Metro Police and other traffic cops have

recently developed the nasty habit of locking people up for unpaid fines. These

road blocks are typically only happening in and around more affluent areas where

their "hit rate" will be higher on traceable entities, with more "fixed" abodes when,

as we all know, primary daily offenders in their mini busses literally get away with

murder because the cops are too scared to root them out of the townships, or the

justice system has no means of putting them over a barrel like the majority of

"soft" citizens.



They can only arrest you if:



1. They have the original warrant for your arrest there with them. A copy

isn't good enough, saying it's at the station isn't good enough either. They

have to show it to you there and then (if they have it, check plan "b").

2. They have to prove that you received the summons in person. It either

had to be delivered to you in person or you had to collect a registered letter

from the post office (if they cannot prove you personally received the

relevant summons, the warrant of arrest is not legal either).

3. If you do get stopped and they want to arrest you, demand to see the

warrant and proof you received the summons (i.e. your own signature on

the document when delivered to you).

4. If they don't have it, the arrest is illegal. Refuse to go. If they still arrest

you inform them there and then you will press charges against them

for illegal arrest (record everything that is said to you, as well as the

chronological procedure of events in detail). These details may well stand

you in good stead for a strong case.

5. Technically, if your arrest is illegal, the taking possession of your car by

the police and its driving thereof while you are in custody may also

constitute theft.

6. When you are released, go to the SAPS immediately and lay a charge

against the arresting law body and relevant official.



*** MAKE SURE YOU CARRY YOUR DRIVER'S LICENCE WITH YOU!! ***



[Curteousy of Wayne Duvenhage of SAVRALA]



Kind regards,



Jan G Schoeman (RPP)

GENERAL MANAGER : CAPE

RETAIL MOTOR INDUSTRY ORGANISATION



19 Picton Street

Parow

REPUBLIC OF SOUTH AFRICA

7500



PO Box 755, Parow, 7499

Tel. +27 (21) 939 9440

Fax 086 513 7315

eMail : Jan.Schoeman@rmi.org.za

Web : www.rmi.org.za



Cellular : +27 (82) 552 7712



BELONGING IS BETTER BUSINESS


So there. Know your rights
 

Hosehead

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Aug 15, 2008
Messages
7,839
The email is legit and IIRC it was published last year in the Cape Times or Cape Argus- at least that same message was from the Law Society-at the time (in Cape Town) they were using the Star Ranger system or something Ranger system and they had a van on the scene stuffed full of faxes with warrants of arrest which of course are useless as these are not original documents.
 

Just_Ice

Executive Member
Joined
Mar 8, 2008
Messages
7,561
Nice post. All of it sounds more or less correct from what I know.
Hopefully I wont need to know it, but its always good to know.
 

bwana

MyBroadband
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Feb 23, 2005
Messages
76,670


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unskinnybob

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May 30, 2007
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Perhaps the legal experts would like to elaborate on what is so terribly wrong with the letter?
 

supersunbird

Honorary Master
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Oct 1, 2005
Messages
52,567
Perhaps the legal experts would like to elaborate on what is so terribly wrong with the letter?
http://www.savrala.co.za/pages/fines.htm

The fact that SAVRALA themselves admit their original media release was wrong should be enough, but in the above link there are links to docs with more info...


EDIT: I see this proclaims to be from the Law Society of South Africa but SAVRALA was the one that send out the original release and someone has adapted that.
 
Last edited:

unskinnybob

Expert Member
Joined
May 30, 2007
Messages
3,772
Happy Days

Well, according to their guidelines:

While SAVRALA contemplates the options and legal steps to be taken, in the event of being stopped at a roadblock or confronted with a warrant of arrest at work or home, here are some ‘in brief’ guidelines taken from Attorney B. Burger’s document.

When informed by the traffic authority that you have warrants of arrest relating to outstanding fines, do not become confrontational. Always carry the telephone number of your company’s or your personal legal representative as well as a senior company director and call them immediately for assistance and intervention.

Know the facts
 You have the right to see the warrant of arrest which should clearly contain your details.
 That “the authorities must prove that you received the summons” is incorrect. The serving of a summons may be carried out in several ways and this is provided for in Section 54 (2) of the Criminal Procedure Act No. 51 of 1977: (2) “Except where otherwise expressly provided by any law, the summons shall be served by a person referred to in sub-section (1)(b) by delivering it to the person named therein or, if he cannot be found, by delivering it at his residence or place of employment or business to a person apparently over the age of sixteen years and apparently residing or employed there.”
 That a person may only be arrested if the original warrant is available is not correct, a copy will do.
 The Traffic Authority does not necessarily have to have the warrant available with them at that time. In the context of sub-section 2, “immediately” means “as soon as practically possible”. It does not mean “instantaneously”. Trifling delays will not amount to non-compliance with the requirement of immediate notice. But any lapse of time which extends beyond this and which is caused by the inability of the arresting officer to comply with the arrested person’s request will not satisfy the requirements of the sub-section.

When detention or arrest is unlawful
The arrest of a person (who had demanded a copy of the warrant) for some hours and who was then taken to a police station to obtain a copy of the warrant, would be unlawful - as would be detention after such an arrest.

Under such circumstances, an arrested person is “entitled to leave” and the peace officer would not be lawfully permitted to prevent this. The practical consequences of “fleeing” are, however, not particularly appealing as experience has shown that over zealous officials can cause tremendous problems for arrested persons demanding to be freed and insisting on their rights. Trumped-up charges of drunken driving, assault on a police officer and escaping from custody for example, have been known to be brought against the arrested person.


Compiled by Wayne Duvenage
28 February 2006
 
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