MBOMBELA – Bogus legal advice purporting to originate from the Law Society of South Africa’s (LSSA) offices is doing the rounds on social media platforms.
The message consists of a photographed document apparently authored by Hester Bezuidenhout from the LSSA.
Lowvelder contacted the Legal Practice Council, the body that replaced the former LSSA.
“There is no Hester Bezuidenhout in this office,” said the receptionist.
Communications manager Barbara Whittle stated that the notice has been doing the round for years. According to Whittle the ‘advice’ it contains could cause grave legal problems to those who follow it.
The bizarre notice declares arrests by traffic officers illegal in certain circumstances, none of which are correct.
It urges motorists to resist arrest and lay criminal charges against the traffic officials who seek to arrest them.
The document refers to warrants of arrest issued for traffic violations, but such warrants have ceased to exist in Johannesburg and Tshwane since AARTO (Administrative Adjudication of Road Traffic Offences) became operational ten years ago. This is according to Justice Project South Africa who has been reporting on the issue.
Lowvelder previously reported that The Criminal Procedure Act (CPA) applies in other regions. In terms of the CPA magistrates issue warrants of arrest to motorists who miss court appearances relating to traffic offences. Sections 54 and 56 of the CPA provide for written notices that precede court appearances.
Read more here: Was my Mpumalanga traffic fine issued legally?
Arrive Alive has compiled a handy guide on what motorists should to do when stopped by a traffic officer.
Click here for Arrive Alive’s guide.
Motorists who are arrested for unpaid traffic fines do not typically end up in custody as fines can be paid on the spot.
In other words: if you get arrested for an unpaid traffic fine, pay it.
Unsure whether you have unpaid tickets on your traffic department profile? Visit your local and provincial traffic department offices for confirmation.
Readers are advised not to forward the notice and to inform those from whom it is received that it is fake.
Also read: should you pay your traffic fine?
- Lowvelder contacted the telephone number provided for Bezuidenhout, but calls remained unanswered.
