Cape Town - The New Minister of Justice and Constitutional Development, Thembi Simelane, has revealed in his Budget Vote debate in Parliament, that the department issued 19 747 expungement certificates and were in the process of expediting more – and that this included people arrested and charged under Covid-19 regulations (Disaster Management Act 2002).
Kgalalelo Masibi, chief director: communication management of the Justice and Constitutional Development told Weekend Argus in order to be successful in an expungement application (to have your criminal record erased), procedures had to be followed.
“The expungement of a criminal record is a process by which a criminal record of a convicted offender is expunged from the criminal record database of the Criminal Record Centre (CRC) of the SAPS,” she explained.
“This allows a person to carry on with life without a criminal record being an obstruction to employment opportunities.”
Masibi said to apply for this, 10 years should have passed since theconviction – and the person was not convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
She added this included that the person was sentenced to any of the following sentences: corporal punishment, sentence was postponed or the person was cautioned and discharged, fine not exceeding R20 000 or imprisonment with the option to pay a fine instead of serving the period of imprisonment and imprisonment was suspended wholly, correctional supervision in terms of section 276(1) (h) of the act, imprisonment in terms of section 276(1)(i) of the act, periodical imprisonment in term of section 276(1)(c) of the act and if a person was convicted of a sexual offence against a child or a mentally disabled person and their name proof not entered on the National Register of Sex Offenders or the National Child Protection Register, or if it was entered, and had been removed from the relevant register.
Simelane said the expungement was one of the most important service delivery initiatives by the department and that they had received close to 20000 applications.
“Through expungements, members of society who have been prosecuted and served their sentences can apply for their criminal record to be removed,” said Simelane.
“This enables rehabilitated individuals to be reintegrated into communities and work towards making a positive contribution to society away from a life of crime. Notably, in 2023/24, the department issued 19 747 expungement certificates.
“Given the high number of expungement applications, the department is building more capacity to simplify and expedite the application process.
“The Criminal Procedure Act has been amended by the Judicial Matters Amendment Act 2023. This section provides for the automatic expungement of all criminal records relating to Covid-19 regulations.”
Prison Rights activist, Golden Miles Bhudu, of the SA Prisoners Organisation for Human Rights said the process had to be followed by each and all who had been charged, sentenced or even fined.
“When you apply for the expungement record, you need to go to the website and print the document and tick all the boxes and you need recommendation from leaders, church leaders, etc, and you need to be truthful,” said Bhudu.
“It is important to do a follow-up on your application. If you are successful a letter from the office of the presidency will be stamped and authenticated.
“You may be rejected if it is a violent or sexual crime. It does not just disappear after 10 years and it doesn't matter if you were acquitted, the charges go off the system but when you Google it wherever you go for employment they will see it as if you were sentenced, even if you were given a warning or a fine or a suspended sentence you need to make an application.”