Bill to Expunge Criminal Records for Certain Covid Offenses is Signed by Ramaphosa

Signed into law by President Cyril Ramaphosa is the Judicial Matters Amendment Act.

The purpose of the measure is to address a number of procedural, technical, and practical problems pertaining to non-contentious cases and constitutional rulings.

The changes permit the erasure of criminal records for specific offenses, particularly those connected to the Covid-19 state of disaster legislation, and give the Chief Master the authority to oversee High Court Masters.

The adjustments would result in better service delivery to the general public and legal practitioners, according to a statement issued on Wednesday by the presidency’s spokesperson, Vincent Magwenya.

The act also eliminates common law defamation and penalizes false declarations made in applications for domestic violence protection orders. It also introduces measures to combat corruption in the business sector.

“A clause that permits the Minister of Justice and Correctional Services, following appropriate consultation, to designate specific categories of offenses that, if the accused pays or has paid an admission of guilt fine, would not result in the accused receiving a criminal record, is one of the noteworthy amendments,” stated Magwenya.

“Those who have already been given a criminal record for any of the designated types of offenses will have their records wiped after the minister makes a ruling.

“A clause that allows an individual to have their criminal record expunged if they pay a fine for admitting guilt and breaking state disaster regulations that were put in place during the Covid-19 pandemic,” Magwenya continued.

The Failure of Members of the Private Sector or State-Owned Entities to Prevent Corrupt Activities is another offense that the bill adds to the Prevention and Combating of Corrupt Activities Act.

“This aligns with the suggestions put forth by the Zondo Commission, the Judicial Commission of Inquiry into Claims of State Capture, Corruption, and Fraud in the Public Sector,” stated Magwenya.

“Service delivery, as well as the effectiveness and responsiveness of the legal system in the relevant matters, will be greatly enhanced by the amendments, even though they may seem minor and technical in nature.”