Achievement
Arnold Bendani
A 28-year old Congolease Refugee granted politacal asylum in South Africa could be sent "home" if found guilty for "Reckless & Negligent' drinving for crossing a barrier line...
Arnold Bendani is a 28 year old Congolese national who was smuggled into South Africa in the back of a truck.
He was granted Political Asylum in South Africa by the department of Home Affairs and now works for Mr. Delivery, delivering takeaways on his scooter earning between R3,000 and R4,000 - in a good month.
On Tuesday 22 June 2009 he was arrested by JMPD for allegedly crossing a barrier line in rush hour traffic in Central Johannesburg. He was later taken to SAPS Johannesburg Central (Old John Vorster Square) where he was detained - in possession of his cell phone for 15 hours before finally being released on Bail of R2,000, after JPSA intervened. Despite bail having been requested and granted, the SAPS coerced his uncle into paying an Admission of Guilt fine of R2,000 on his behalf - using trickery and wordplays to make this an attractive option.
Howard Dembovsky, Chairman of JPSA had this cancelled and bail paid instead.
Arnold appeared at Johannesburg Magistrates Court as required on Wednesday 24 June, waiting the entire day for his docket to arrive. It never did.
When the Public Prosecutor called Inspector Mashiane of SAPS, he was told that Arnold had paid an Admission of Guilt fine and was not required to appear in court.
When Howard Dembovsky arrived at the Court at 16:00 on Tuesday, he confirmed with the Public Prosecutors that this was their standpoint and accompanied Arnold to the SAPS Johannesburg Central. Here I spoke to Senior Superintendant Oliphant who began assisting but later became defensive of what he termed "his company" the SAPS.
We had asked for withdrawal of the charges since Arnold had upheld his side of the bargain and the SAPS had defaulted on their responsibilities. After speaking to an Assistant Commissioner at the SAPS Legal Services, he told us that Arnold was to appear in the Johannesburg Magistrates Court on Thursday 25 June since they would not drop the charges. He told Howard Dembovsky "do your job!"
On Thursday 25 June 2009, Howard accompanied Arnold to the Johannesburg Magistrates court and after waiting for around 30 minutes since the docket was still not there, called Senior Superintendant Oliphant who gave him Inspector Mashiane's cell phone number. He called him and Mashiane brought the docket to the offices of the Public Prosecutor at court 29 where he tried to justify his actions of the previous day.
The Prosecutors referred us to the Senior Public Prosecutor to get a decision - they clearly didn't want to get involved in making a decision which could cost a man his life.
The lady asked for Arnold's International Drivers License to be verified with the Congolese Embassy (which of course any "reasonable person" will fully expect them to do freely hey?) and set a court date of Friday 5 July.
So here is the dilemma. If Arnold is found guilty of the criminal charges of Reckless and Negligent driving, he faces a number of issues:
- A sentence in excess of the R2,000 Admission of Guilt fine - which could include jail time - because he dared opt for a trial as opposed to simply admitting guilt.
- A permanent criminal record.
- Probable deportation back to the Congo for being in violation of his asylum conditions. and
- Possible execution on his return to the Congo
In other words: A death sentence for a traffic offence.
The irony of this is that no-one can be sentenced to death in South Africa for such heinous crimes as rape or murder but they can for a traffic offense. If he is found guilty in the Magistrates court, we will have to appeal the judgement in the High Court on the grounds that the punishment does not match the crime.
Crossing a barrier line is an offence under the Road Traffic Act but whether it constitutes Reckles and Negligent driving is another matter - especially where no accident occured. Charging him with this crime is a very strong-armed approach.
We are appealing to the public and the Legal fraternity to assist us to get the very best legal representation for this young man. He can't afford any, let alone the best representation and he really needs it.
If you or your company wish to help us, please contact: info@jp-sa.org or use our contact page should you wish to use another method. We will be happy to provide you with full information and will answer any questions you may have. Our Prospectus also details our missions, projects and objectives. Should you wish to join our Organisation, please download the application forms here .
UPDATE - Friday 3 July 2009 - Arnold was saved!
Saturday 4 June 2009.
STATE WITHDRAWS CHARGES AGAINST ARNOLD BENDANI
Arnold Bendani, the 28 year-old Congolese Refugee charged with Reckless or Negligent Driving by the JMPD in their blitz on Johannesburg motorists last week, accompanied by Howard Dembovsky, Chairman of Justice Project South Africa appeared at the Johannesburg Magistrates Court briefly (for the third time) yesterday - Friday 3 July 2009 where the charges against him were withdrawn by Senior State Prosecutor, Carriette Muller.
Arrested for allegedly crossing a barrier line in Central Johannesburg, and then detained in Police cells for more than 15 hours on Tuesday 23 June 2009, Arnold was released on bail of R2000 at 11:35 pm on Tuesday, after a bizarre series of events including his Uncle, Steven Cimbi being "encouraged" to pay an Admission of Guilt fine - which he did - even after Dembovsky had negotiated bail for Arnold. This Admission of Guilt was cancelled after a brief exchange of words between Dembovsky and SAPS officials and bail extended as had been arranged.
Arnold then appeared at the Johannesburg Magistrates Court on Wednesday 24 and Thursday 25 June, being ordered to return on Friday 3 July, so that his refugee status and International Drivers License could be verified.
Had Arnold have been found guilty of the charges, which carries with it a permanent criminal record, he would most certainly have had his refugee status withdrawn, requiring his deportation back to the Congo and the consequences would have been dire.
That is why the JPSA launched the "Save Arnold Campaign" on SAFM's Siki Mgabadeli Morining Talk show on Monday 29 June 2009 and on their website, appealing for the public and legal fraternity to lend a hand to this young man's defence. The net result of this appeal was flood of new victims asking for help and not a single offer of assistance.
"Whilst this doesn't surprise us, it is ironic how complacent South Africa truly is" said Dembovsky. "When we met up with Arnold to check up on him on Monday 29 June, my Vice-Chairman, Dennis Jackson noticed that Arnold's front tyre of his scooter was bald and immediately forked out for a new one because Arnold had no money to pay for it himself. This has resulted in Dennis not being able to put fuel in his car because we too have no money."
Even though this is a small triumph for the JPSA and Justice as a whole, it has meant the world to Arnold Bendani who's beaming smile said it all. "This is not the end, it is just the beginning. We have a long way to go..." said Dembovsky.
Needless to say, Arnold will be much more careful in future to ensure that he doesn't get forced to cross a barrier line by another vehicle, but the awareness and consideration for motorcyclists by other motorists remains a big problem.
PDF document containing this press release.
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| Arnold Bendani's Smile Taken on Monday 29 June |
Mr. Delivery Arnold Works for Mr Delivery |
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| Arnold & Uncle Steven Taken Outside JHB Magistrates Court after charges withdrawn. |
Happy Day! Arnold & Uncle Steven get the bail refund from the truly delightful ladies (kudos to them!) at JHB Magistrates Court Refunds Office. |