Illegal Arrest for Fines





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  1. #1
    Rat Guest

    Default Illegal Arrest for Fines

    Received this email today. I have removed the senders name and contact details for obvious reasons.

    ROADSIDE ARREST ON OUTSTANDING FINESfficeffice" />>>
    > >
    The LAW SOCIETY OF SA has currently appointed a group of attorneys to deal with this flagrant transgression of the law; for further info on which attorney are taking on cases like these, please call Hester Bezuidenhout 012 338 5872 who>>
    will assist.>>
    > >
    Know your rights>>
    > >
    The traffic/metro police are doing random roadblock checks. They will also feed your registration into a computer that will show up if you have any outstanding>>
    fines. Know your rights.>>
    > >
    If you get stopped for outstanding traffic fines - really important for all drivers:>>
    > >
    Make sure that everybody gets this message.>>
    The Jhb Metro Police, Cape Town Metro Police and other traffic cops have recently developed the nasty habit of locking people up for unpaid fines. These road blocks are typically only happening in and around more affluent areas where their "hit rate" will be higher on traceable entities, with more "fixed" abodes when, as we all know, primary daily offenders in their mini busses literally get away with murder because the cops are too scared to root them out of the townships, or the justice system has no means of putting them over a barrel like the majority of "soft" citizens.>>
    > >
    They can only arrest you if:>>
    > >
    1. They have the original warrant for your arrest there with them. A copy isn't good enough, saying it's at the station isn't good enough either. They have to show it to you there and then (if they have it, check plan "b").
    >>
    2. They have to prove that you received the summons in person. It either had to be delivered to you in person or you had to collect a registered letter from the post office (if they cannot prove you personally received the relevant summons, the warrant of arrest is not legal either).
    >>
    3. If you do get stopped and they want to arrest you, demand to see the warrant and proof you received the summons (i.e. your own signature on the document when delivered to you).
    >>
    4. If they don't have it, the arrest is illegal. Refuse to go. If they still arrest you inform them there and then you will press charges against them for illegal arrest (record everything that is said to you, as well as the chronological procedure of events in detail). These details may well stand you in good stead for a strong case.
    >>
    5. Technically, if your arrest is illegal, the taking possession of your car by the police and its driving thereof while you are in custody may also constitute theft.
    >>
    6. When you are released, go to the SAPS immediately and lay a charge against the arresting law body and relevant official.>>
    > >
    *** MAKE SURE YOU CARRY YOUR DRIVER'S LICENCE WITH YOU!! ***>>
    > >
    [Curteousy of Wayne Duvenhage of SAVRALA]>>
    > >
    Kind regards,>>
    > >
    >>

  2. #2
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    Thanks Rat.

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    I don't argue with cops, even if I'm right and they are wrong. This is Africa.
    * "Wat Spike probeer sÍ in sy min woorde" -Die Skim "
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    Thanks for some good info Rat. In the times we are in I would not argue with the cops ,I will make my one phone call and let my lawyer sort it out.
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    "2. They have to prove that you received the summons in person. It either had to be delivered to you in person or you had to collect a registered letter from the post office (if they cannot prove you personally received the relevant summons, the warrant of arrest is not legal either)."


    The above is not 100% correct.
    The summons can also be delivered to your home or work. This also counts as a valid serving.


    Metalian Maxi

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    Quote Originally Posted by 4x4 wannabie View Post
    "2. They have to prove that you received the summons in person. It either had to be delivered to you in person or you had to collect a registered letter from the post office (if they cannot prove you personally received the relevant summons, the warrant of arrest is not legal either)."


    The above is not 100% correct.
    The summons can also be delivered to your home or work. This also counts as a valid serving.
    Not only that but it can be signed for by anyone over the age of 16 or, if no one's there, the summons can be left attached to your front door or front gate with no signature at all.

    Tim
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    and blind faith the one unpardonable sin.
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    Regarding the point about the cops having to be able to produce the original summons bearing your signature or the original arrest warrant in order to be able to arrest you: this is false. There are various forms of copies of these documents that are deemed acceptable.

    It's a hotly debated issue.

    I agree with other posters that in many cases the police (Metro and SAPS) are hopelessly corrupt and not interested in the safety of the SA public but far more interested in their own aims.

    While I agree broadly with the maxim "if you do the crime then do the time", remember that not all laws are good and some of them should be challenged with the aim of being changed.

    Blindly following and obeying every law is a great recipe for dictatorship and serious damage to society.

    The purpose of every law must be constantly open to re-evaluation as time goes by.

    No law should be irrevocably cast in stone.

    Tim
    Scepticism is the highest of duties,
    and blind faith the one unpardonable sin.
    T H Huxley

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    I don't believe that all the information is true.

    Anyway, just pay your fines and you won't have a problem.

    Steve
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  9. #9
    Rat Guest

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    Tim:

    Not only that but it can be signed for by anyone over the age of 16 or, if no one's there, the summons can be left attached to your front door or front gate with no signature at all.
    Not according to my local Sherriff, who delivers the summonses. The law has changed so that the accused has to receive it personally. Yes it can be received at work or anywhere alse, so long as it is received personally against the accuseds signature. The days of attaching the summons to your door are over, as it can be taken by anyone or you may be away overseas for six months. If you don't believe me ask any lawyer or your local Sherriff. The local traffic cop or policeman may not serve the summons on you.

    Snuns:

    I don't believe that all the information is true.

    Anyway, just pay your fines and you won't have a problem.
    Why don't you phone the number provided and find out? The email was received from a rather prominent person therefore I deleted his details.

    Just because you get a fine in the post does not mean you are guilty. You have the right to contest the ALLEGED offence. What you receive in the post is not a fine, it is a notice to issue summons. The summons must be delivered by the Sherriff to you personally. You are not guilty until you admit it or are found guilty in a competent court. These are your rights as a citizen.

    South Africans seem very ignorant regarding their rights under the law. No wonder everybody walks over them.

  10. #10
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    Quote Originally Posted by Rat View Post
    The law has changed so that the accused has to receive it personally. The days of attaching the summons to your door are over...
    Hi Rat,

    I wasn't aware that the law had changed in that regard. I always thought that was an incredibly stupid provision.

    There's a chap named Dennis Jackson who has put together a book on this topic.

    I went and met him a few weeks ago and bought a copy.

    He had some hair-raising stuff to tell me about the nonsense going on in the various traffic departments.

    If you have the time and inclination to fight it in court you can get off just about any speeding fine because the authorities don't stick to the law.

    Tim
    Scepticism is the highest of duties,
    and blind faith the one unpardonable sin.
    T H Huxley

  11. #11
    4ePajero Guest

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    This is what the Law says about serving a summons:

    No. 67 of 199S: Magistratesí Courts Amendment Act, 1998.
    The rules are contained in MAGISTRATES' COURTS RULES OF COURT.
    9 Service of process, notices and other documents

    (1) A party requiring service of any process, notice or other document to be made by the sheriff shall deliver to him the original of such process, notice or document, together with as many copies thereof as there are persons to be served: Provided that the clerk of the court may, at the written request of the party requiring service, hand such process, notice or document and copies thereof to the sheriff.

    [Sub-rule (1) amended by GN R2409 of 1991 and substituted by GN R150 of 1994.]

    (2) (a) Except as provided in paragraph (b) or in the case of service by post or upon order of the court, process, notices or other documents shall not be served on a Sunday or public holiday.

    (b) An interdict, a warrant of arrest, and a warrant of attachment of person or property under section 30bis of the Act may be executed on any day at any hour and at any place.

    [Para. (b) amended by GN R910 of 1998.]

    (3) All process shall, subject to the provisions of this rule, be served upon the person affected thereby by delivery of a copy thereof in one or other of the following manners:

    (a) To the said person personally or to his duly authorised agent;

    (b) at his residence or place of business to some person apparently not less than 16 years of age and apparently residing or employed there;

    'residence' for the purpose of this paragraph, when a building is occupied by more than one person or family, means that portion of the building occupied by the defendant;

    (c) at his place of employment to some person apparently not less than 16 years of age and apparently in authority over him or, in the absence of such person in authority, to a person apparently not less than 16 years of age and apparently in charge at his place of employment;

    (d) if the person to be served has chosen a domicilium citandi at the domicilium so chosen;

    (e) in the case of a body corporate at its local office or principal place of business within the area of jurisdiction of the court concerned to a responsible employee thereof or in any other manner specially provided by law:

    [Para. (e) substituted by GN R689 of 1976.]

    ( f ) if the plaintiff or his authorised agent has given written instructions to the sheriff to serve by registered post, the process shall be so served:

    [Para. ( f ) amended by GN R2409 of 1991.]

    (g) in the case of a Minister, Deputy Minister or Administrator, in his official capacity, the State or provincial administration, at the Office of the State Attorney in Pretoria, or a branch of that Office which serves the area of jurisdiction of the court from which the process has been issued:

    [Para. (g) inserted by GN R1115 of 1974
    and substituted by GN R607 of 1989 and by GN R2409 of 1991.]

    Provided that where such service has been effected in the manner prescribed by paragraphs (b), (c), (e) or (g), the sheriff shall indicate in the return of service of the process the name of the person to whom it has been delivered and the capacity in which such person stands in relation to the person, body corporate or institution affected by the process and where such service has been effected in the manner prescribed by paragraphs (b), (c) or ( f ), the court or clerk of the court, as the case may be, may, if there is reason to doubt whether the process served has come to the actual knowledge of the person to be served, and in the absence of satisfactory evidence, treat such service as invalid.

    [Sub-rule (3) amended by GN R1115 of 1974 and by GN R2409 of 1991.]

    (4) The sheriff shall, on demand by the person upon or against whom process is served, exhibit to that person the original of the process.

    [Sub-rule (4) substituted by GN R607 of 1989 and amended by GN R2409 of 1991.]

    (5) Where the person to be served keeps his residence or place of business closed and thus prevents the sheriff from serving the process, it shall be sufficient service to affix a copy thereof to the outer or principal door or security gate of such residence or place of business or to place such copy in the post box at such residence or place of business.

    [Sub-rule (5) amended by GN R2409 of 1991 and substituted by GN R150 of 1994.]

    (6) Where the sheriff is unable after diligent search to find at the residence or domicilium citandi of the person to be served either that person or the person referred to in sub-rule (3) (b) or, in the case of a body corporate referred to in sub-rule (3) (e), a responsible employee, it shall be sufficient service to affix a copy of the process to the outer or principal door of such residence, local office or principal place of business or to leave a copy of the process at such domicilium.

    [Sub-rule (6) substituted by GN R689 of 1976 and amended by GN R2409 of 1991.]

    (7) Where the relief claimed in any action is limited to an order for ejectment from certain premises or land or a judgment for the rent thereof and for the costs of such proceedings and it is not possible to effect service in the manner prescribed in sub-rule (3), service of process may be effected by affixing a copy thereof to the outer or principal door of such premises or on some other conspicuous part of the premises or land in question.

    ( 8. Service of an interpleader summons where claim is made to any property attached under process of the court may be made upon the attorney of record (if any) of the party to be served.

    (9) Where two or more persons are to be served with the same process, service shall be effected upon each, except-

    (a) in the case of a partnership, when service may be effected by delivery at the office or place of business of such partnership, or if there be none such, then by service on any member of such partnership in any manner hereinbefore prescribed;

    (b) in the case of two or more persons sued in their capacity as trustees of an insolvent estate, liquidators of a company, executors, curators or guardians, when service may be effected by delivery to any one of them in any manner hereinbefore prescribed;

    (c) in the case of a syndicate, unincorporated company, club, society, church, public institution or public body, when service may be effected by delivery at the local office or place of business of such body or, if there be none such, by service on the chairman or secretary or similar officer thereof in any manner hereinbefore prescribed.

    (10) Service of a subpoena on a witness may be effected at a reasonable time before attendance is required in any manner hereinbefore prescribed but need not be effected through the sheriff.

    [Sub-rule (10) amended by GN R2409 of 1991.]

    (11) (a) Service of any notice, request, statement or other document which is not process of the court may be effected by delivery by hand at the address for service given in the summons or appearance to defend (as the case may be) or by sending it by registered post to the postal address so given.

    (b) An address for service or postal address so given may be changed by the delivery of notice of a new address and thereafter service may be effected as aforesaid at such new address.

    (c) Service by registered post under this sub-rule shall, until the contrary appears, be deemed to have been effected at 10 o'clock in the forenoon on the fourth day after the postmarked date upon the receipt for registration.

    [Para. (c) amended by GN R3002 of 1969 and by GN R2407 of 1991.]

    (d) Service under this sub-rule need not be effected through the sheriff.

    [Para. (d) amended by GN R2409 of 1991.]

    (12) Where the court is satisfied that service cannot be effected in any manner hereinbefore prescribed and that the action is within its jurisdiction, it may make an order allowing service to be effected by the person and in the manner specified in such order.

    (13) Where service of an ex parte order calling upon the respondent to show cause at a time stated or limited in the order or of an interpleader summons is to be effected upon any party, service of such ex parte order or interpleader summons shall be effected-

    (a) in the case where the party to be so served is the State, at least 20 days; or

    [Para. (a) amended by GN R689 of 1976 and by GN R2407 of 1991.]

    (b) in the case where any other party is to be served, at least 10 days,

    [Para. (b) amended by GN R1115 of 1974
    and by GN R689 of 1976 and substituted by GN R2407 of 1991.]

    before the time specified in such ex parte order or interpleader summons for the appearance of such party.

    (14) Except where otherwise provided, notice of any application to the court shall be served-

    (a) in the case where the party to be served is the State or a servant of the State in his official capacity, at least 20 days; or

    [Para. (a) amended by GN R689 of 1976 and substituted by GN R2407 of 1991.]

    (b) in the case of any other party, at least 10 days,

    [Para. (b) amended by GN R689 of 1976 and by GN R2407 of 1991.]

    before the day appointed for the hearing of the application, but the court may on cause shown reduce such period.

    (15) (a) Unless otherwise provided, where service of process may be effected by registered post such service shall be effected by the sheriff placing a copy thereof in an envelope, addressing and posting it by pre-paid registered letter to the address of the party to be served and making application at the time of registration for an acknowledgment by the addressee of the receipt thereof as provided in regulation 44(5) of the regulations published under Government Notice R.550 of 14 April 1960.

    [Para. (a) amended by GN R2409 of 1991.]

    (b) A receipt form completed as provided in regulation 44(8) of the said regulations shall be a sufficient acknowledgment of receipt for the purposes hereof.
    (c) If no such acknowledgment be received the sheriff shall state the fact in his return of service of the process.

    [Para. (c) amended by GN R2409 of 1991.]

    (d) Every such letter shall have on the envelope a printed or typewritten notice in the following terms:

    'This letter must not be readdressed. If delivery is not effected before ......................... 19....., this letter must be delivered to the Sheriff of the Magistrate's Court at .................................'.
    I cannot vouch whether these are the latest Amendments.
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  12. #12
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    Be Careful peolple, be very careful!!!!!!!

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    Theses type of threads keep popping up and people are ranting and raving about problems with the local law, or lack of it, to the nearest person. This is not helping the situation!!!! We need to do something positive about it!!!!!!!!!!!
    Is there someone on the forum that could point us in the right legal direction? Put a sticky on the forum so everyone knows their rights??
    There are so many things going around about what you are supposed to do when you are approached by the police for a traffic offense. The fact remains that this is Africa and the more you fight them, the worse off you will be. They will just chuck you in a cell, forget about you for a while and not care about what happens to you in there!!!
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  14. #14
    4ePajero Guest

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    Looking at the posts and the different opinions, I would not believe anything that is posted here, especially not if it will mean the difference between sleeping in jail on not.

    I will rather seek legal advice from my lawyer, even if it costs a few bob.

    Imagine this:

    "..... but your honour, Joe Soap on our 4x4 forum said ....!"


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    Bottom line - they may NOT arrest without the original warrant of arrest.

    Does this mean they wont? No.

    Does this mean you may have a claim against the state? Yes.

    Does any of this help, when bubba has his way with you in the cell? NO.

    Dont argue. Be polite, and let them know you know what your rights are. After many border crossings, ques at home affaris etc, the one thing I can say for certainty, is being windgat = trouble for you.
    So much to see, so little time...

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    I see Shimange (Jake White's second favorite hooker) got nailed for no reason in Cape Town. Good friend of mine got nailed in Polokwane for NO REASON, he fought his way out of it. On the radio this morning some clever guy estimated that some crooked cops walk away with MORE THAN R30 000 a week in bribes and corruption.

    Problem is these ****** are just out to collect money. Its nothing to do with law enforcement, bad news its not going away. Also, this time of the year they seem to intensify their efforts to help with their cashflow.

    It also seems that their records are really really bad, specially the ones that are hand written, ie spotfines. I still have to find one on www.payfine.co.za that was handwritten. Seems like INATES is just another big screw up.

    Regards,
    Last edited by SimonB; 2008/11/24 at 04:25 PM. Reason: language

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    Exclamation Road side arrests

    *deleted, it was a copy*
    Last edited by Reinier Claasen; 2008/11/28 at 09:49 AM. Reason: similar threads merged
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  18. #18
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    Default Outstanding speedfine

    Quote Originally Posted by Rat View Post
    Received this email today. I have removed the senders name and contact details for obvious reasons.
    Hi
    I hope you can help me? I need to find out how old can a speed fine be because last week i recived i fine of 2002 and it now 2009.
    Thanks
    Leon

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    In the post or on a hand delivered summons.
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    The email referred to by the OP is a hoax and not to be taken seriously. Should you attempt to tell the cop to take a hike you will probably be charged for resisting arrest. If you attempt to intervene on behalf of someone else and tell the cop to take a hike you will probably be charged for obstructing justice.

    I kid you not.

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