Criminal Records for Covid-19 Regulation Offenders Might Be Expunged Under New Bill

The South African Parliament has passed the Judicial Matters Amendment Bill, which could potentially erase criminal records relating to violations of Covid-19 lockdown regulations. The bill, ratified by the Portfolio Committee on Justice and Constitutional matters, could change the lives of thousands convicted between March 2020 and January 2021 for defying measures put in place under the Disaster Management Act.

Offenses that might be effaced include breaking curfew, not wearing masks, consuming alcohol, and visiting prohibited areas such as the beaches or parks.

The groundwork for this bill was laid by Justice and Correctional Services Minister Ronald Lamola in March, who stated that expungement of records will be automatic for individuals who paid admission of guilt fines. Bulelani Magwanishe, Justice Committee chairperson and ANC MP emphasized, during a National Assembly session, that the new law would allow the minister to exclude certain offenses from causing prior convictions and offer expungement for offenses committed under the Disaster Management Act.

However, Economic Freedom Fighters' (EFF) MP Veronica Mente exhibited skepticism over the Bill, expressing concerns over its drafting which covered a wide range of issues. Though recognizing some positive areas of the Bill, Mente stated that the EFF couldn't support it in its entirety due to unaddressed issues. Similarly, Al Jama-ah leader Ganief Hendricks also voiced opposition to the Bill, calling for more scrutiny.

Conversely, the African Christian Democratic Party (ACDP) voiced its support, noting the negative impact criminal records might have on individuals' job prospects. ACDP MP Steven Swart urged for the prevention of a repeat of such 'irrational' regulations passed without ample parliamentary intervention or oversight.

Having received support from major parties such as the ANC, the Democratic Alliance (DA), and the Inkatha Freedom Party (IFP), the contentious bill will now be referred to the National Council of Provinces (NCOP) for concurrence before it is officially signed into law by President Cyril Ramaphosa.