Nozizwe Ncayiyana of ENSafrica’s Pro Bono Office writes:
President Cyril Ramaphosa has announced the end of the National State of Disaster effective from April 5 2022.
The Disaster Management Act 57 of 2002 made provision for criminal offences during the National State of Disaster that carried a fine or sentence not exceeding six months.
During the early lockdown days, some people found themselves on the wrong side of the law. This means that people who paid admission of guilt fines for the contravening the Disaster Management Act at the time, have criminal records.
The Criminal Procedure Act 51 of 1977 provides for criminal records to be cleared or expunged once 10 years has lapsed. Not all offences qualify to be expunged. Convictions that can be expunged include where one was:
q Convicted of an offence where a sentence of a period exceeding six months without the option of a fine may be imposed but the passing of the sentence was postponed in terms of s297 (1) of the Act.
q Convicted of an offence where a sentence of a period exceeding six months without the option of a fine may be imposed but the accused was cautioned and discharged.
q Convicted of an offence in which a sentence of imprisonment to a period not exceeding six months without the option of a fine may be imposed.
q Sentenced to a fine not exceeding R20 000.
q You have not been convicted of another offence during the 10 years.
q Sentenced to corporal punishment before it was declared unconstitutional.
A criminal record of a convicted person may be expunged on their written application to the Director-General: Justice and Constitutional Development.
The director-general will, on receipt of said application and satisfying him or herself that the application meets the expungement criteria, issue a certificate of expungement.
The director-general will submit the certificate to the head of the Criminal Record Centre of the SAPS to be accordingly dealt with. The application form is obtainable on the justice department website.
In light of the requirements for expungement of a criminal record and the end of the National State of Disaster, it appears only fair that government makes special provision for the criminal records incurred for contravening the Disaster Management Act to be expunged much earlier.
