People who were fined for infringement of the Covid-19 State of Disaster regulations will soon have their criminal records expunged – once amending legislation was passed by Parliament and then signed into law.
This was according to Justice and Correctional Services Minister Ronald Lamola in response to parliamentary questions from IFP MP Themba Msimang.
Msimang asked by what date the criminal records would be wiped out, as tens of thousands of people who were fined for infringements of disaster regulations were restricted from continuing with several aspects of their lives.
Lamola said the Judicial Matters Amendment Bill was currently under deliberation by the National Assembly committee on justice and correctional services. The bill was approved by Cabinet for introduction to Parliament.
It was also referred to the committee on March 30 and underwent public hearings and submissions.
“The offence must be a statutory offence punishable with a fine, without or with an alternative sentence of imprisonment not exceeding six months in default of payment of such a fine,” says the bill.
According to the bill, the offence must not contain an element of violence; involve the infliction of mental, psychological or physical harm on another person; involve damage to property; involve an element of dishonesty; or be an offence against the administration of justice, among other things.
“A criminal record in respect of the offence in question cannot be regarded as an appropriate mechanism to encourage compliance with the law.”
The bill said where a person obtained a criminal record after paying an admission of guilt fine for the offence, the conviction and sentence of that person for that offence must be expunged automatically by the Criminal Record Centre.
Where this does not happen automatically, the person can apply in writing to the director-general of the Department of Justice and Constitutional Development for the record to be expunged in terms of the provisions of the act.
Lamola said the bill contained, amongst others, a clause that proposed the insertion of a new section into the Criminal Procedure Act that would deal with convictions and sentences concerning admission of guilt fines.
“The objective of the amendment is also to provide for automatic expungement of the criminal record.
“In the event that that is not the case, the amendment provides for submission of a written application to assist any person in achieving the expungement automatically by the Criminal Record Centre of the South African Police Service,” he said.
Lamola said the automatic expungements would take effect once the bill was assented to and signed into an Act of Parliament.
Cape Times