Disclosed someone’s Covid-19 status without their permission? You could be fined R3,000.
Caught transporting or selling booze, your fine could reach the R20,000 mark.
The alternative? A term of imprisonment to be determined by the court.
With the complete list of penalties gazetted, the government has warned that not toeing the line could come at a hefty cost, as more than 1,400 people have already discovered in the Eastern Cape.
According to provincial police, between December 24 and January 2, a total of 1,168 people were arrested for breaking curfew, 139 for not wearing face masks and 22 for transporting liquor in violation of the adjusted level 3 lockdown regulations.
While there is the option to pay an admission of guilt fine and avoid the drawn-out court process — the penalties differ for each district.
In Nelson Mandela Bay, an admission of guilt fine for the various disaster management transgressions ranges between R300 and R20,000.
It is now up to the chief magistrate of each sector to determine the fines, and so far, despite previously being declared a hotspot for Covid-19 infections, the Eastern Cape has one of the lowest penalty clauses.
For some transgressions, however, there is no option of an admission of guilt fine — and the punishment, if the person is found guilty, must ultimately be determined through the courts.
This includes performing cultural circumcision rituals despite the president’s ban, and intentionally exposing another person to the coronavirus.
An admission of guilt fine — only applicable to the less serious offences — is intended to lighten the load on the overburdened court system.
But, as legal practitioners warned, it does have the consequence of an instant criminal conviction.
According to Bay criminal attorney Ryno Scholtz, an admission of guilt fine gives an accused person the opportunity to admit his or her guilt and to simply pay the required fine without a lengthy trial.
“But the Criminal Procedure Act clearly states that the payment of an admission of guilt fine will be the same as being convicted and sentenced in court,” Scholtz said.
“Your criminal record will then be captured by the clerk of the magistrate’s court.”
Scholtz said alleged offenders could also refuse to admit guilt and argue their case before a magistrate instead. However, this in itself was usually a costly exercise.
Bay mayoral committee member for safety and security John Best said while the chief magistrate now determined the fines for each district, a recommendation would be made for President Cyril Ramaphosa to set a standard fine throughout the country.
“We were declared a hotspot, so irrespective of other influencing factors, [our penalties] should be on par with Gauteng, the Western Cape and the like,” Best said.
For instance, in Johannesburg, breaking curfew carries a fine of up to R3,000, while the city of Tshwane’s magistrate declared a harsher fine of R5,000 for the same transgression.
In Nelson Mandela Bay, failing to stay home between 9pm and 6am without special permission carries a fine of R1,000.
If caught not wearing a mask over your nose and mouth, you will be fined R1,000, and if you still do not comply once instructed by a law enforcement officer to do so, you will be fined an additional R1,000 — or face arrest.
Provincial police spokesperson Brigadier Tembinkosi Kinana said arrests had been made for various transgressions across the province.
Kinana said 26 taverns were closed for non-compliance, while thousands of litres of alcohol had been confiscated.
Provincial commissioner Lieutenant-General Liziwe Ntshinga said the arrests needed to send a clear message to those determined to undermine the regulations.
“It must be understood that all non-complying tavern owners and those who disregard curfew regulations will be arrested and prosecuted,” Ntshinga said.
In terms of Section 27 of the Disaster Management Act, as published in the government gazette on December 29, Eastern Cape chief magistrate Sibongile Raphahlelo said in addition to the stipulated fines for the province, hotspot areas such as Nelson Mandela Bay, the Buffalo City metro, Sarah Baartman District, Amathole District and Chris Hani would carry additional penalties.
This included:
- A R500 penalty for failing to adhere to the curfew, over and above the R500 fine for the rest of the Eastern Cape;
- A R10,000 fine for all indoor and outdoor establishments which did not cease operations by 8pm;
- A R20,000 fine for the sale, dispensing and distribution of liquor;
- A R2,000 fine for the consumption of liquor in public places; and
- A R20,000 fine for the transportation of liquor without permission.
Ntshinga said: “We appreciate the work of the integrated law enforcement officers who have worked tirelessly day and night to ensure there is substantiated peace and stability during this critical period in our province.”
Ntshinga said that such operations would continue.
HeraldLIVE
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