News24

Man gets criminal record by mistake

2012-06-15 10:39

Pretoria - A Centurion man is suing the minister of police for R4m after finding out that he had erroneously been given a criminal record.

The Pretoria News reported that the man only became aware of his so-called criminal record after repeatedly being turned down for jobs and finally being told it was because of his criminal record.

His claim was based on his failure to find a job and for the humiliation he had suffered. According to police records, he was convicted of reckless or negligent driving in 1991.

But the man said he had never been charged with any crime and had not been convicted of one either.

For the past 20 years his particulars had been with personnel agencies but he kept being turned down for jobs without reasons being supplied. It was only in 2005 that he was eventually told about his “criminal record”.

The court ordered the minister of police to remove the name of Eliza Marthinus Lotz from the criminal record system.
 

Comments
  • Henri - 2012-06-15 10:49

    I really hope you get paid out, not cool !!!!

      Rudi - 2012-06-15 11:02

      I wish something like that would happen to me! Damn, I could use R4m right now!! Hope he gets it!

      ofentse.thole - 2012-06-15 11:44

      i would have sued for 20mill a million for each year

      clifford.sithole.5 - 2012-06-15 11:56

      Eliza Marthinus Lotz...Normally I ask why I didn't get the job.....So it took you 20 years to find this out. I think you have only been to one job interview in the last 20 years pal..

      Rob - 2012-06-15 13:01

      Crininal record...Hmmmmmm, how come millions of others are finding employment then ? No wait ! I KNOW the answer to that one !

      Rory - 2012-06-15 13:03

      You lucky bugger. Most people have to work really hard to get a criminal record, sometimes having to commit numerous violent and heinous crimes, and here you are being handed one willy nilly! shame on you!

      Zambezi - 2012-06-15 13:12

      Gold digger!

      Preshen - 2012-06-16 11:06

      "I shot the sheriff But I didn't shoot no deputy, ooh, ooh, oo-ooh"

  • michael.i.wright - 2012-06-15 11:02

    Hell that sucks, he definitely ought to be paid the compensation.

  • eric_t - 2012-06-15 11:02

    My case was withdrawn in court and I can't get a job now because the investigating officer refuses to submit the updated docket to the criminal record center. Do I also have a claim?

      Megan - 2012-06-15 11:26

      You probably do

      Deon - 2012-06-15 11:52

      You should get a lawyer asap.

      kenneth.roselt - 2012-06-15 12:01

      Sue the investigating officer too - quickly he'll give the docs once lawyers letters are served.

      berni.venter - 2012-06-15 12:16

      Absolutely eric_t. Nail them!

      eric_t - 2012-06-15 12:45

      including the fact that I was actually assaulted during the arrest. I should also be a few millions rands richer. Pity they hit me with experience to ensure i dont get bruises

      ridwaan.nero - 2012-06-17 11:20

      My case was also withdrawn in court but I ended up having a criminal record,according to Saps I paid a admission of guilt fine which never happen. Saps could also not provide me with a copy of J70,would really like to know how do I proceed with the matter,do I open a case against Saps. Also could not find work for the past two years cause of my criminal record..please help

  • sparkle.fruit - 2012-06-15 11:03

    and this happened before the ANC

      Chris - 2012-06-15 11:15

      Well spotted Sparkle! You must be the "sparkleist" fruit in the bunch.

      mark.singh.9889 - 2012-06-15 11:16

      Whoop di doo! you finally found something bad that the ANC is not responsible for. Give yourself a pat on the back

      Emil - 2012-06-15 11:32

      Not funny Thapelo, it was an administrative mistake by the state.There is supposed to be seperation between the South African state (which has been in existence since 31 May 1910) and political parties in goverment, and the state is liable for administrative mistakes irrespective of who governs.One day the state will also pay for the ANC's mistakes even if we get a new government.So hopefully one day people will realise that economically we cannot afford too keep the ANC in power for much longer, as the ANC just continues messing up things that the Nats messed up already

  • isabel.ashe.7 - 2012-06-15 11:06

    If you cant TRUST THE POLICE .....WHO CAN.. GO FOR MORE THAN 4 Million...X4 Milllion by all the years you could not find a JOB.... Good Luck.

  • marion.friedenthal - 2012-06-15 11:07

    I didn't think that agencies, or most companies for that matter, check whether someone has a criminal record or not.

      Felix - 2012-06-15 11:25

      The government does, it's a job experience requirement.

      Rob - 2012-06-15 11:27

      Worried Marion ????? ;-)

      louwc - 2012-06-15 11:28

      Marion, they certainly do! Most Agencies check the validity of your drivers license, your education, criminal record, credit status and more!

      dewalds3 - 2012-06-15 11:30

      That must be the dumbest comment of the day - maybe you would like to delete it...

      marion.friedenthal - 2012-06-15 11:31

      @Rob - now why should a medically boarded old bird be worried about a criminal clearance? @louwc - I didn't think they had the time to do that seeing as they never have the time to even acknowledge the receipt of someone's cv.

      clifford.sithole.5 - 2012-06-15 11:47

      Stupid comment...

      Sharon - 2012-06-15 11:50

      Its one of the first things they check, and your credit rating!

  • shengeboy - 2012-06-15 11:08

    only in south africa

  • thabo.lelaka - 2012-06-15 11:30

    In 1991 the government was still under De Klerk, Mandela took over in 1994... who should pay now?

      DuToitCoetzee - 2012-06-15 11:56

      The same people who paid out all the apartheid victims. Those victims were also from the old government.

      thando.ramncwana - 2012-06-15 13:08

      Is there an apartheid victims fund??........i should have joined that quere a long time ago.

      DuToitCoetzee - 2012-06-15 13:30

      The reason you do not known can be because you were not one. Yes, a lot of people, under certain condition for certain unfairness towards them, were paid to compensate.

  • sango.jika - 2012-06-15 11:36

    In 1991 this guy needs to sue the likes of de clerk and others who where in government that time.

      stanley.marries - 2012-06-15 22:36

      yes Sangobut guess what..these racist whites will still blame the current government for that mistake,even though it happened when they(whites) were incharge...pathetic!!

  • SM1012 - 2012-06-15 11:50

    Not nice at all..ask someone who's been like me...UNEMPLOYED for a year at least. Our Justice system really a MESS.

  • tracey.erasmus.92 - 2012-06-15 12:10

    I would have sued for so much more...... my hubby is also having no luck on the work front, going on since Jan 2011, wonder if same problem.. Will have to check it out!

      thando.ramncwana - 2012-06-15 13:05

      I bet his trust fund was spent on yo wedding neh!.......

      Andy - 2012-06-16 01:50

      jy moet dai hubby los hulank wil j sy ouers se plig nakom.

  • senseofeuphoria - 2012-06-15 12:21

    Another shining example of police incompetence

      stanley.marries - 2012-06-15 22:31

      YES...the police that was incharge in 1991 you dumb@ss!!

  • Sakhiwo - 2012-06-15 12:38

    This thing is so serious because people's careers end-up being in drain.Justice system is not at all perfect

  • thando.ramncwana - 2012-06-15 13:01

    Just another slush fund to be abused by us......collude with police nd sue the minister.....

  • jaysonpaul.beckwith - 2012-06-15 13:05

    Its not the Police that give you a criminal record,, its the courts that give you a criminal record.

      Ditoa-re - 2012-06-15 14:52

      Believe me jayson police can give you criminal record, especialy on minor things like reckless driving but you never hurt or kill anybody or never damage anybody's property. They take you to police station ask you to pay a fine or they arrest you, looking at amount of fine you gonna pay maybe R300 definately you will pop it out if you have then sleeping inside, sometimes the SAPS ticket is not like traffic cops ticket, this one there is a space where you put your fingerprints, that is where the police send your thing to wherever and you find yourself with criminal record without visiting any court

      James - 2012-06-15 15:50

      Court must first get a police docket then prosecute.

  • Ditoa-re - 2012-06-15 14:57

    I thing this guy was leneant with government R4m is nothing in 20years period, in 1991 De-klerk was incharge I think this is his baby not Zuma

  • FirstSeed - 2012-06-15 15:01

    He sounds like a con

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