Court overturns criminal record for breaking lockdown rules

PEOPLE who face a minor criminal charge and pay an admission of guilt fine simply to get things over as quickly as possible could still end up with a criminal record.

In the latest judgment concerning this issue, the Gauteng High Court, Pretoria, overturned the conviction of a building material store worker on a charge of contravening the national lockdown regulations.

The court also ordered the National Prosecuting Authority (NPA) and the police to pay back the R1 000 admission of guilt fine he had paid, and immediately remove his name from the criminal register.

Knowledge Makhuvha approached the court after he realised he now had a criminal record for something which he said was not his fault. He was arrested in April 2020, a few days after the government proclaimed the hard level 5 lockdown following the outbreak of the Covid-19 pandemic in the country.

He said his employer at the building supply firm where he worked issued him with a letter stating he was an essential worker. However, the letter was never signed. Acting Judge Khwinana said that the purpose of allowing the payment of an admission of guilt fine was to enable a person to admit guilt in advance and thereby avoid having to appear in court on a “minor” criminal charge.

“Although the payment of a fine may seem innocuous, there could be serious consequences which may not be realised by the person who pays the admission of guilt fine,” he said.

These included that the person waived a number of rights, such as the right to defend a case and to be convicted beyond reasonable doubt. It also left a person with a criminal record.