E-mail hoax 'spells trouble'

2005-06-23 22:37

Philip de Bruin

Johannesburg - A hoax e-mail doing the rounds, apparently countrywide, could land unsuspecting people in "serious trouble" if they follow its advice when faced with an arrest at a roadblock.

Legal experts warn that the hoax e-mail which advises what to do at a roadblock could lead to innocent members of the public experiencing "serious legal problems".

The hoax e-mail has a message and purports to come from the Law Society of South Africa (LSSA).

The public is urged on "totally wrong legal grounds" to resist arrest at roadblocks for outstanding warrants against them.

They also are encouraged to lay charges that have no merit.

The e-mail has already led to people, who tried to claim their "rights" in terms of what they had read, being arrested not only for outstanding warrants, but also for obstructing the course of justice.

Has spread widely

The name and telephone number of Mrs Hester Bezuidenhout, communications head of the Law Society of the Northern Provinces (LSNP), are mentioned in the e-mail.

Bezuidenhout said on Thursday that since the e-mail started circulating three weeks ago it had spread from Pretoria as far as the Eastern Cape, the Western Cape and even Namibia.

"The danger to the public encouraged by the e-mail is so serious that we asked Mweb's urgent help to find its source, but the service provider was unable to do so.

"Innocent people can land in serious trouble if they accept the hoax e-mail as the truth."

The gist of the e-mail is that people should demand the original warrant for arrest.

Bezuidenhout said: "This is nonsense.

"Advocate Don Smart has, at the request of the LSNP, drawn up a manual to help the public and he says straight out that the person faced with arrest can ask to see a copy of the warrant for arrest.

'A copy is adequate'

"In terms of the Criminal Procedure Act, a telegraphic or similar written or printed warrant by a magistrate or justice of the peace, in which it is said that a warrant has been issued for the person concerned, is adequate for arrest purposes."

According to Smart, all constitutional rights are still in power during an arrest, such as full reasons for the arrest.

A person also is not allowed to be detained in a traffic department vehicle, a bus, an office or similar place while the traffic officer continues with other work.

In such an instance, the detention is wrongful.

- Beeld