Don’t just pay a fine that was issued to you during the lockdown period. The fines are admission of guilt fines and you will be left with a criminal record if paid which will give you big problems in future like when you want to apply for a visa, firearm licence or apply for a job.
This is the advice of a criminal law expert of Kempton Park, Mr Riaan Louw. Louw says there are other options for an accused. An accused or a legal representative of an accused can also write to the State prosecutor to state that you did not have the intent to transgress the regulation.
Mr Louw says intent will always have to be proven by the State.
A trial is something the State will not prefer because then everything will have to be in order from the State’s side, including sworn affidavits from their witnesses and the witnesses will have to pitch to testify.
Louw says of the 20 cases of people arrested for lockdown violations in Kempton Park, 19 cases were withdrawn by the State.
Mr Louw also says the State will face a massive bill for civil claims after the lockdown because of the totally frivolous nature of many arrests which are also totally illegal like the arrest of Liam Bulgen and Tereza Cervinkova in Muizenberg when their toddler ran onto the beach.
Mr Louw says it does not even state in the regulations that you are not allowed on the beach. People should take note that the lockdown did not suspend any Constitutional right of anyone and the Police is still required to act legally and rationally.
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