As the festive season approaches, the windscreen washers are also increasing in their numbers at intersections.
This is a concern for motorists and residents.
Numerous complaints about windscreen washers at the Marcia and Albertina Sisulu intersection in Bruma have been sent to the Joburg Metropolitan Police Department (JMPD) and the SAPS over the years, which resulted in arrests.
According to Mr Rob Crawford, from Cleveland Sector 1, the Cleveland Community Police Forum (CCPF), the windscreen washers are not being sent to the correct court for prosecution.
“The SAPS and JMPD are doing their job. The problem is with the courts and the national prosecuting authority. The last windscreen washers operation the JMPD and SAPS conducted was a success as arrests were made and they were taken to the Jeppe Court. The object was to prosecute but they played the system – they had no address, no identity and pleaded not guilty and asked for legal aid, ” said Mr Crawford.
He said these bylaw offenders need to be taken to the correct court which is the community court.
Mr Crawford said motorists need to be vigilant, especially elderly people, single women and vehicles with foreign vehicle registration plates.
Community court
The community courts deal with petty crimes such as shoplifting, petty theft, petty gambling offences, petty traffic offences, drinking in public, riotous behaviour, failure to comply with a lawful instruction of a police officer and common assault.
The accused is assessed within 48 hours of arrest to decide on the suitability for diversion from the criminal justice system.
“The community court concept was introduced some years ago as a pilot project and was based on the Hatfield Community Court. It was a normal district magisterial court that dealt with normal (though less serious) criminal matters but with a view that they be finalised through Alternative Dispute Resolution Mechanisms (ADRM) as far as possible.
“This means that matters should be considered by the NPA and the court to be dealt with through ADRM and diversion into programmes that are facilitated by Department of Correction Services (DCS), instead of the accused going through a trial and possibly being sentenced to imprisonment,” said Advocate Mthunzi Mhaga, the spokesperson of the DCS.
He said it was envisaged that policy will be developed by the department in alignment with the traditional courts and the legislation underway in this regard so as to promote community justice.
“This is still a work in progress. In some areas the pilot courts stopped functioning as the work was absorbed into the normal district courts, pending the finalisation of the national policy on community justice structures. There is no proper way to deal with windscreen washers but if criminal charges are brought against them, they will be dealt with in the normal Johannesburg district courts,” said Adv Mhaga.
