PROCEDURES FOR THE EXECUTION OF WARRANTS OF ARREST
ASSOCIATED WITH TRAFFIC OFFENCES AND REDIRECTING OF TRAFFIC FINES
This Guideline is applicable to warrants of arrest stemming from traffic offences only, specifically excluding reckless or negligent driving or driving under the influence of intoxicating liquor or a drug having a narcotic effect and related offences which would be dealt with in accordance with standard procedures.
No arrests shall be executed without a warrant of arrest or a copy thereof. Upon request a copy of the warrant must be handed to the person to be arrested.
No more than one copy of a warrant of arrest may be made.
2. PROCESS PRIOR TO EXECUTING OF THE WARRANT OF ARREST
2.1. Subsequent to the Magistrate issuing a warrant of arrest, a courtesy letter may be sent to the offending person’s address whether postal or otherwise, indicating at least the following -
2.1.1 the date of the offence
2.1.2 the court date
2.1.3 the court where the warrant was issued
2.1.4 the registration number of the vehicle involved
2.1.5 the date the warrant was authorized
2.1.6 the date the warrant was issued [if applicable]
2.1.7 where the person must report/pay
2.1.8 that a warrant of arrest has been issued and that contact should be made with the authorities immediately.
2.2 The Courtesy letter may be sent within seven days of the warrant being issued.
2.3 In terms of regulation 25(7)(e) of the Road Traffic Regulations 2000, pertaining to the National Road Traffic Act, 1996, a registering authority may refuse to issue a licence disc in respect of a motor vehicle, if a warrant of arrest has been issued against the licensed owner of that vehicle.
2.3.1 Note that in terms of the legislation the refusal to issue a license may only be implemented when the licensed owner is the party for whom the warrant is issued.
2.3.2 The registering authority may therefore implement a NaTIS block on motor vehicle licensing transactions relating to the licensed owner with the proviso of 2.3.1.
2.3.3 This shall only be allowed once a warrant of arrest has been issued by a Magistrate and if the information in paragraph 2.1.1 to 2.1.6 above has been supplied to the licensing authority.
2.3.4 The NaTIS block shall be removed without undue delay once the warrant of arrest has been finalized.
3. EXECUTING WARRANTS OF ARREST
3.1 Warrants of arrest shall only be executed by duly appointed peace officers or Sheriffs of the Court in possession of valid appointments cards which shall be produced on request.
3.2 Warrants of arrest shall only be executed if the original warrant, or a copy thereof as per Section 39(2) of the Criminal Procedure Act [Act 51 of 1977], can be produced on demand, without unreasonable delay (see Rautenbach v Minister of Safety and Security 1996 (1) SACR 720 AD). A copy must be available to be handed to the person arrested if she /he so demands.
3.3 The copy of the warrant of arrest, as per Section 39(2) of the Criminal Procedure Act [Act 51 of 1977] shall be:
3.3.1 A reproduced copy of the original [Photocopy or facsimile].
3.3.2 A scanned copy electronically forwarded to a remote site and printed at the remote site.
3.3.3 A scanned copy, saved to a computer hard-drive or other electronic storage media, which is then printed at a remote site.
3.3.4 Any other copy that contains all the information of the warrant and has been digitally signed by a magistrate.
4. PROCESS AFTER EXECUTING THE WARRANT OF ARREST
4.1 The arrested person shall be given the option of paying the fine to the clerk of the court or being transported to the nearest police station without undue delay and handed over to the South African Police Service forthwith.
4.2 The continued detention of the arrested person shall be in strict compliance with his or her statutory and common law rights.
4.3 Where the option is exercised, administrative arrangements for paying the fine shall be provided for by the authorities executing the warrant of arrest.
4.4 All payments to be received by the clerk of the court.
5. SETTING UP ROADBLOCKS FOR THE PURPOSE OF EXECUTING WARRANTS OF ARREST IN ACCORDANCE WITH THESE GUIDELINES
5.1 Roadblocks shall be set up in a safe and efficient manner.
5.2 Provision shall be made to minimize delay to road traffic.
5.3 All necessary administrative support shall be provided at the roadblock by the authorities responsible for the roadblock.
6. GUIDELINES FOR SERVING OF SUMMONSES AT ROADBLOCKS
Summonses may be served at roadblocks on the following conditions:
6.1 It may only be served on the person mentioned in the summons as referred to in Section 54 (2)(a) Act 51 of 1977;
6.2 The summons must be issued by the Clerk of the Court appointed in terms of the law, including an Assistant Clerk of the Court appointed in terms of Section 13, Act 32 of 1994;
6.3 Summonses may only be issued by the Clerk of the Court appointed as stated in 6.2 above for that specific district;
6.4 The summons must be signed and stamped by the Clerk of the Court referred to in paragraphs 6.2 and 6.3 mentioned above;
6.5 The recipient of the summons need not sign for the summons;
6.6 Should the person named in the summons refuse to receive the summons, the summons can be placed on or in the vehicle such person is travelling in. Full particulars of the service must be noted on the return of service;
6.7 The service of summonses can be done by members of the SAPS, traffic officers and all agents legally appointed in terms of Section 15(2)(b) of the Magistrates Court Act 32 of 1944.
7. REDIRECTING OF TRAFFIC FINES (Added June 2007)
7.1 In the case where the owner of a motor vehicle is charged on a section 341 notice, in terms of the Criminal Procedure Act, 1977, for an offence where the driver is not known, and the presumption in section 73 of the National Road Traffic Act, 1996 is used to charge the owner for the offence, and such owner wishes to redirect the notice to the actual offender, the following procedure must be followed:
7.1.1 The owner referred to in paragraph 7.1 must make an affidavit or affirmation containing the:
- Full names;
- ID/Passport Number;
- Physical residential address;
- Postal address;
- Affirmation or affidavit containing ID number and driving licence number of driver or a copy of the rental agreement if it serves the purpose of an affirmation,
and submit it to the issuing authority that issued the notice.
7.1.2 The owner must request the redirection within 30 days after the first section 341 notice was received and must notify the driver that the notice will be redirected to him.
7.2 Duties of the issuing authority on receiving a redirection declaration in terms of a section 341 notice issued:
7.2.1 The authority must post the first notice to the owner of the motor vehicle as instructed in terms of the Prosecution guideline for speed and red traffic light violation monitoring equipment.
7.2.2 The notice must have a 30 day validity period in terms of section 341 of the Criminal Procedure Act, 1977.
7.2.3 A further period of 14 days must be allowed for possible late payments before a second notice or a section 54 summons may be issued.
7.2.4 The authority must, within 7 days supply the owner referred to in paragraph 7.1 with a written receipt that the declaration with the redirection request has been received.
7.2.5 If the owner does not receive the written receipt referred to in paragraph 7.2 4, he must resubmit the redirection declaration.
7.2.6 A new notice to the actual offender whose information is contained in the affidavit or affirmation must be posted by the authority within 14 days of receiving such affidavit or affirmation and must state that it is a redirected notice.
7.2.7 The provisions of paragraph 6.1.4 and 6.1.8 of the Prosecution guideline for speed measurement and traffic light violation monitoring equipment shall not apply to redirected notices and must be stated on the notice.
7.3 A section 54 summons can not be redirected and a person who has received such a summons has to approach the public prosecutor at the magistrate’s court indicated on the summons to withdraw the summons and reissue a summons to the actual offender as indicated by the owner.
7.4 Changing the information or name of a proxy of a body of persons will not change the information for existing notices or summonses that have not been finalised.
7.5 This guideline will apply to all redirections of section 341 notices from 1 October 2007.
These Standards and Procedures have been provided by the Technical Committee for Standards and Procedures for Traffic Control and Traffic Control Equipment [TCSP]
[ Compiled November 2005 / Amended September 2007]