Unjust traffic fine arrest: A woman’s harrowing experience in Cape Town
Legal insights reveal the complexities of Nonkosi Nogaga’s case, questioning the legitimacy of her arrest.
Image: Armand Hough/ Independent Newspapers
In a harrowing incident that underscores serious concerns about law enforcement practices, Nonkosi Nogaga, a devoted mother and domestic worker, found herself facing a traumatic ordeal before her long-awaited graduation on October 24.
She was reportedly arrested at a roadblock in Wynberg, Cape Town, after refusing to pay a traffic officer an on-the-spot fine of R1,500 for alleged fines she had already settled through a mobile app.
According to News24, the officer allegedly then drove her car and dropped Nogaga's crying six-year-old daughter off at school before taking Nogaga to the Wynberg police station.
“I tried to explain to him that I had paid all the fines, but he wouldn’t listen,” Nogaga told News24. “He kept telling me if I could only pay at least R1,000, he would let me go.”
Nogaga told the website that she was held in an unsanitary cell with intimidating cellmates. When she was eventually brought before a magistrate who set bail, she had no money, and she was told she would spend the weekend in Pollsmoor Prison.
She then burst into tears, so scared.
However, her elder daughter managed to secure bail for R300 after receiving a message from Nogaga, before her phone was confiscated.
Upon returning to court on November 25 with proof of payment, Nogaga discovered there was no case against her and that her bail money could not be recovered.
“After all that trauma I went through, there was suddenly nothing on my name,” she told News24. She was treated like a criminal, and no apology was offered. She did not know how she would recover the bail money.
She was also concerned about whether she would need to secure a police clearance. She was upset that she missed her graduation, a significant milestone in her life. She described it as a missed opportunity she would never get back.
Legal insights from Alta Swanepoel of Alta Swanepoel and Associates CC further clarify the situation.
According to Swanepoel, South Africa does not endorse a spot-fine system, making payment of any fine on-site illegal.
She said if there is a warrant of arrest against a driver, the driver can be arrested on the warrant. The warrant must be available and shown to the driver. The case may be finalised by paying a contempt of court fine and the original fine.
Swanepoel explained that if a person is arrested, he or she must be brought before the court in 48 hours. There must be a court role that reflects the person’s name and charge. If bail is paid, there must be a receipt and a case number.
“If the person is charged for cases that have already been paid, the arrest would be illegal, and the person would have a claim against the authority that arrested her and the SAPS who detained her.
“If she was not presented with a warrant for her arrest, the entire incident looks like an illegal arrest,” Swanepoel explained, adding that there are time limits to institute claims against the SAPS.
Meanwhile, City of Cape Town Traffic Services spokesperson Kevin Jacobs said: “We view the allegations in a very serious light and want to undertake a formal investigation to determine the facts.
“At the time, the motorist was requested to submit a written statement, together with all relevant details of the incident, to assist us in the investigation. No correspondence has been received to date, so we reiterate our call to the complainant to please provide the required details so that this matter can be resolved.”