Aikona Nomakanjani!
Justice Project South Africa warns and advises you not to fall for the trickery of what seems like an easy way out of cells. If you are arrested, and your fingerprints are taken, DO NOT pay an Admission of Guilt "fine" and insist on speaking to an Attorney as is your right under the Constitution of the Republic of South Africa.
The JMPD’s operation nomakanjani (which means "no matter what" or "by any means" depending on who you ask) - claimed to be targeting taxi drivers - has netted thousands of Johannesburg motorists since its inception in March 2009, however the charges laid against these motorists have been extreme and in many cases, a gross misinterpretation of the law.
Despite there being the possibility that some of those detained and convicted may have committed an offence that can be defined as Reckless or Negligent driving, many of the cases we have come across have not been so.
“Reckless or Negligent Driving” is one of the most serious traffic offences that a person can commit and carries with it a permanent criminal record. Second only to driving under the influence of an intoxicating substance and culpable homicide, this charge is not to be taken lightly.
Yet, under operation nomakanjani most of the accused have admitted guilt to this charge by paying admission of guilt fines, without so much as questioning whether the charge will be reduced to the non-felony offence of “inconsiderate driving”.
Whilst it has been claimed by SAPS officials that the charge was automatically reduced by payment of the admission of guilt fine, there has been no evidence to this effect presented to date.
The same SAPS officials who said that the charges were reduced were also allegedly involved in telling detainees that they would be “held for 48 hours if they did not pay” and who failed to offer the option of bail to any of the detainees except those who enlisted legal representation and/or the assistance of JPSA.
JPSA secured bail for two of these people between June and August 2009, when they were called to help. In both of these cases, the charges were subsequently dropped by prosecutors at the Johannesburg Magistrates court.
The alleged intimidation of motorists by both the JMPD and the SAPS – detaining people for 15 hours and more and also allegedly engaging in unconstitutional practices is a gross abuse of power. This is an issue that the JPSA is taking up with the relevant authorities.
It is extremely important that anyone who is detained for any reason whatsoever is completely conversant with their rights under the Constitution of the Republic of South Africa and that they get legal representation immediately or as soon as possible after their arrest.