Hey, dumbass traffic cop, your day will come!!!

[Mojoman]

I am a great believer in Karma , and buy into the whole school of thought of treating others as you want to be treated,

 

I also believe that you REAP what you SOW..

 

So I am putting this question out there..

 

Why do you think we have this current situation of corruption , murder . lawlessness in this country...??

Prehaps you would care to answer that for us...

[covie]

There are only a couple of offences a traffic cop can lock someone up. If you haven't already explain these to your spouses or buddies.

With the new AARTO legislation they can no longer pull fines out of their @sses like the old days all the fines are now prescirbed amounts.

 

I actually have printed one of these out and its in my car

http://aarto.co.za.d...July%202008.pdf

 

So no bullsh1tting will be allowed hence forth.

Edited November 29, 2010 by covie

[dirtrider]

Also like to know the answer !!

[Eldron]

I am a great believer in Karma , and buy into the whole school of thought of treating others as you want to be treated,

 

I also believe that you REAP what you SOW..

 

So I am putting this question out there..

 

Why do you think we have this current situation of corruption , murder . lawlessness in this country...??

 

 

I have a slightly different opinion on Karma. I think it's a term dreamed up by people to chicken sh!t to sort out their own problems.

 

Instead of sorting their k@k out they molly coddle themselves by saying that karma will do their work for them.

 

Sure I've worded it a bit poorly but I think there is merit in it. We wouldn't need karma if we faced our problems head on.

[Vetseun]

Swak, but thats Africa for you. When the whiteman relinquishes power, the result is ARARCHY

[Guest coenie]

There are only a couple of offences a traffic cop can lock someone up. If you haven't already explain these to your spouses or buddies.

With the new AARTO legislation they can no longer pull fines out of their @sses like the old days all the fines are now prescirbed amounts.

 

I actually have printed one of these out and its in my car

http://aarto.co.za.d...July%202008.pdf

 

So no bullsh1tting will be allowed hence forth.

The link does not work?

What are the offences that they can lock you up for?

[Shebeen]

I wonder if we'll ever get taxis to play by the rules? becomes second nature just to deal with them stopping anywhere anytime.

 

 

I did like this report though...woman complains about taxis going wrong way up an onramp. so cops set up a roadblock, and only 10% of those caught are taxis. but the real funny thing was that the complainents daughter got caught!

http://www.news24.com/SouthAfrica/News/19-women-caught-driving-on-wrong-side-of-road-20101110

[Delgado]

Why do you think we have this current situation of corruption , murder . lawlessness in this country...??

Uhmmm........black government perhaps!

[Caerus]

Prehaps you would care to answer that for us...

 

 

To much Karma this, Karma that. Im with Eldron, you as person need to sort it out. Lets rather leave Karma to Boy George, and be proactive in sorting the mess this country is becoming.

[covie]

let see if this works

http://aarto.co.za.dedi35.jnb2.host-h.net/public/traffic-charges.html

 

full schedule at the bottom of the page.

Edited November 29, 2010 by covie

[Guest Big H]

Uhmmm........black government perhaps!

 

 

..... you said BLACKnow by definition you are a RACIST!!!!!!

[EigerSA]

I am a great believer in Karma , and buy into the whole school of thought of treating others as you want to be treated,

 

I also believe that you REAP what you SOW..

 

So I am putting this question out there..

 

Why do you think we have this current situation of corruption , murder . lawlessness in this country...??

 

The answer to that question has so many different facets to it that I think it's pretty much impossible to answer. I think that in order to even try to answer it, you have to put yourself in their shoes...

[Guest coenie]

let see if this works

http://aarto.co.za.dedi35.jnb2.host-h.net/public/traffic-charges.html

 

full schedule at the bottom of the page.

Thanks

 

Which document is about the arresting bit?

[Lucky Luke.]

I offered a brand new keyboard before thinking that it was stuck.....hope you get somewhere

:-)

 

[dirtrider]

Their Shoes !!! WTF are THey ?

[EigerSA]

This is long but perhaps it'l help...

 

Arrest

Taking someone into custody

 

The right to arrest someone depends on a number of factors, such as who is making the arrest and the reason the accused is being taken into custody.

 

Police powers of arrest

 

A peace officer may arrest without a warrant someone who:

 

Commits or attempts to commit an offence in the peace officer's presence;

Is believed to have committed one of the following offences: treason, sedition, public violence, murder, culpable homicide, indecent assault, rape, sodomy, bestiality, robbery, assault when a dangerous wound is inflicted, arson, housebreaking, theft, knowingly receiving stolen property (see stolen goods), fraud, forgery, a coinage offence, any crime punishable by more than six months' imprisonment without the option of a fine, or any conspiracy, incitement, or attempt to commit one of these crimes. (These offences are listed in Schedule 1 to the Criminal Procedure Act, 1977.);

Has escaped or attempts to escape from lawful custody;

Is found with any housebreaking implement and cannot satisfactorily account for being in possession of it;

Is in possession of property reasonably suspected of being stolen or dishonestly obtained;

Is found at night in circumstances giving rise to grounds for believing he or she has committed or is about to commit a crime;

Is reasonably suspected of being in unlawful possession of stock or produce;

Is reasonably suspected of having committed or committing an offence under the laws governing liquor (see alcohol and driving; alcoholism), drugs (see drugs) or arms and ammunition;

Is found gambling illegally (see betting, gambling and lotteries);

Wilfully obstructs a peace officer from executing a duty;

Has been involved in any act committed outside South Africa for which a suspect may be detained in custody and extradited (see extradition);

Is reasonably suspected of being a deserter from the National Defence Force;

Is reasonably suspected of having failed to pay a fine;

Is reasonably suspected of having failed to comply with a condition on the basis of which a sentence imposed for an offence was suspended; and

Fails to surrender in terms of an order to undergo periodic imprisonment.

These provisions are not very different from the powers given to the police in most Western countries.

 

The bill of rights says ...

 

Everyone who is arrested has the right, among others:

 

To be informed of the right to remain silent and about the consequences of not remaining silent;

Not to be forced to make a confession or admission;

To be brought to court within 48 hours or, if this period expires outside court hours, on the first available court day;

To be charged or informed of the reason for continued detention after the first court appearance;

To be released if the interests of justice permit;

To challenge the lawfulness of the detention in court;

To consult a lawyer, or to be assigned one by the state if substantial injustice would otherwise result;

To a fair trial;

To be presumed innocent and to remain silent during proceedings;

Not to be forced to give self-incriminating evidence;

To be tried in a language which he or she understands, or to have the proceedings translated into that language.

Warning - Is killing ever justified?

 

Section 49 of the Criminal Procedure Act, 1977, provides that, where a person is to be arrested for one of the serious Schedule 1 offences or for attempting to commit one of those offences and the arrester, whether a police officer, a private individual or someone assisting in the arrest, 'cannot arrest him or prevent him from fleeing by other means than by killing him, the killing shall be deemed to be justifiable homicide'.

 

When someone claims protection under this provision, the onus is on that person to prove that the requirements of Section 49 have been met: that the offence was one that gives the right to kill; that, if the arrest was based on a suspicion that an offence had been committed, the suspicion was reasonable; that a proper attempt had been made to arrest the offender; and that there was no other way in which the suspect could reasonably have been prevented from escaping. A person cannot kill without first trying all feasible alternative means to arrest a suspect. There is no truth in the long-held belief that a property owner may shoot someone merely for trespassing.

 

How an arrest is made

 

A person must be informed that he or she is under arrest. Refusing to submit to custody will lead to the person being touched as an indication of being under arrest. If the person still does not submit, force may be used by the peace officer to confine his or her body. The officer must, when making the arrest or immediately after doing so, tell the person the reason for the arrest.

 

When an arrest is made in terms of a warrant, a copy of the warrant must be handed on demand to the person being held. This is to enable the person to judge whether the arrest is unlawful (in which case it may be resisted) or lawful. Lawful arrest means the person is under legal custody and will be held until discharged or released. If anyone resists arrest or flees, the peace officer may use such force as is reasonably necessary to prevent the suspect from resisting or fleeing. If anyone is to be arrested for an offence listed in Schedule 1 of the Criminal Procedure Act, 1977, and the officer is unable to arrest or prevent the suspect from fleeing by any other means than by killing him or her, the killing is treated as justifiable homicide.

 

BREAKING OPEN PREMISES Anyone permitted to make a lawful arrest may, after demanding entry and failing to gain it, break, enter and search premises on which he or she knows or reasonably believes the suspect to be present.

 

ARREST WITH A WARRANT A warrant of arrest is issued by a magistrate at the request of an Attorney-General, public prosecutor or commissioned police officer. The warrant orders that the person named be arrested for the specified offence.

 

ACCUSED PERSONS UNDER 18 When a person under the age of 18 is arrested and the parent or guardian is within the area of the magistrate's court in which the accused will first have to appear and can be traced without undue delay, the peace officer who makes the arrest or, in the case of an arrest by a private person, the police officer to whom the accused is handed over, must warn the accused's parent or guardian to attend the court proceedings. The parent or guardian may apply to a magistrate in the area for leave not to attend, but failure to attend without permission is an offence. If the accused's parent or guardian ignores a warning to appear at court or fails to remain in attendance without magisterial permission, the parent or guardian may be arrested and brought before the court to explain this behaviour. Unless it can be shown that this failure was not due to his or her fault, the parent or guardian may be convicted and sentenced to imprisonment for a maximum period of three months or to a fine of up to R300.

 

Assisting the police

 

A police officer may call upon any male aged between 16 and 60 to assist in arresting anyone or detaining anyone who has been arrested. A person called upon by the police to assist, but who fails without reason to do so, commits an offence and may be sentenced to imprisonment for up to three months or to a fine of up to R300.

 

Private arrest

 

Your right to make an arrest on your own initiative is set out in Section 42 of the Criminal Procedure Act, 1977.

 

While a police officer has wide powers to make an arrest without a warrant, you, as a private individual may arrest only a person who commits or attempts to commit in your presence, or whom you reasonably suspect of having committed, an offence specified in Schedule 1 of the Criminal Procedure Act. You may also arrest anyone whom you reasonably believe has committed any offence and is escaping from someone with the power to arrest him or her, who is in 'fresh pursuit'.

 

You may also arrest anyone you see engaged in an 'affray', which traditionally is defined as a brawl between two or more people in a public place.

 

The owner, lawful occupier or person in charge of property, on or in respect of which any person is found committing any offence, and any person authorised to do so by the owner, occupier, or person in charge, may without warrant arrest the alleged offender.

 

You may pursue the person you are entitled to arrest, and other individuals, to whom the purpose of the pursuit has been made known, may assist you. This is the modern counterpart of the old 'hue and cry' of public pursuit.

 

Other instances

 

The owner, lawful occupier or person in charge of property has the power to arrest any person committing an offence on the property. Under the Stock Theft Act, 1959, a private person may arrest another without a warrant when there is a reasonable suspicion that the suspect has stolen livestock or entered upon land or certain premises with intent to steal livestock or produce. In several other instances a private person is empowered to make an arrest. For example, under the Post Office Act, 1958, you may arrest without a warrant anyone you see wilfully or maliciously destroying, damaging or removing a telegraph line or pole; under the Extradition Act, 1962, you may arrest any person who escapes from custody while being removed from South Africa in terms of an extradition order.

 

Wrongful arrest

 

A private person or a peace officer who acts beyond the scope of these powers of arrest risks both a criminal charge of assault and a civil action for damages for assault or for wrongful or malicious arrest and detention. In line with the principle that the individual should not be deprived of personal liberty unless the law specifically permits it, South African courts have held that 'all interferences with the liberty of the citizen are prima facie odious and it is for the person responsible to establish why . . . such interference is legally justified' (Ingram v Minister of Justice, 1962).

 

How to make a citizen's arrest

 

The person to be arrested should be touched on the arm or shoulder and at the same time be informed of the reason for the arrest. The suspect cannot be said to be arrested until he or she has been made aware that an arrest is being made. Force may be used only if the arrested person refuses to submit to the custody of the person making the arrest.

 

The onus is on the person making the arrest to show that the force actually used was reasonably necessary. The courts have emphasised that no arrester, whether police officer or private citizen, may indiscriminately resort to force.

 

After the arrest

 

The arrested person must be taken to a police station as soon as possible, unless a warrant of arrest specifies that he or she must be taken elsewhere. If the person is not released sooner because no charge is to be brought, he or she may be detained for up to 48 hours. If, however, the arrest is made on a day the courts do not sit, the arrested person must be brought before a magistrate by 4pm of the next day on which the court sits. The suspect may be held for a further period only if he or she is brought before a magistrate's court and an order is made for continued detention on a specified charge.