Criminal record strike sets precedent
A magistrate's decision to strike a motorist's mandatory criminal record provision on his admission-of-guilt fine could have an impact on motorists in a similar situation.
A Durban advocate believes he’s set a precedent for motorists who have been made to sign admission-of-guilt fine annexures after a KwaZulu-Natal magistrate struck out a mandatory criminal record provision on his admission-of-guilt fine on Thursday.
This development comes after Pinetown motorist Andy Gardner, who received a R150 fine for driving 96km/h in an 80km/h zone, found out he would have a criminal record for life after paying the admission of guilt fine.
The annexure states in terms of section 56 of the Criminal Procedures Act, which was passed in 1977, that should the accused pay the admission of guilt fine, the accused will be deemed to have been “convicted and sentenced by the court” and that the conviction will appear on their “criminal record.”
According to media reports Advocate JP Van der Veen objected when he was given the annexure to sign.
After Van der Veen presented the chief magistrate Themba Sishi with the case law, Sishi agreed he could strike out the provisions relating to criminal records.
According to Van der Veen, motorists who already have criminal records based on the annexure can try to stop its enforcement by approaching the court for an order setting aside the agreement on the basis that it was entered into under duress, and that it was an illegal agreement because it forced them to give up their rights in terms of the law.
