The Disaster Management Act 57 of 2002 was enacted to manage the severity of disasters, including the COVID-19 pandemic.
Under this legislation, South Africa was placed under lockdown, with strict regulations governing public conduct. Failure to comply led to criminal prosecutions and lasting criminal records for many individuals. However, relief has arrived with Section 57D of the Criminal Procedure Act, introduced by the Judicial Matters Amendment Act 15 of 2023.
Automatic expungement for lockdown-related convictions
Lockdown regulations imposed restrictions such as curfews, mask mandates, limits on gatherings, and the closure of businesses. Violations were punishable under the Criminal Procedure Act 51 of 1977, resulting in fines, imprisonment, and criminal records.
With the passing of the Judicial Matters Amendment Act, individuals convicted under these regulations now benefit from automatic expungement of their criminal records. This means affected persons do not need to submit applications—expungement is carried out without any action required.
Steps to take if expungement has not been processed
Although expungement is automatic, some individuals may still find their records intact. In such cases, they must follow these steps:
- Apply to the Director General: Justice and Constitutional Development for expungement.
- If the application meets the requirements, the Director General will issue a certificate directing expungement.
- Submit the certificate to the head of the Criminal Record Centre (CRC) of the South African Police Service (SAPS) for processing.
- Request written confirmation from the CRC head that the record has been successfully expunged.
Applications for expungement require SAPS assistance to ensure compliance with prescribed procedures. Given the impact of a criminal record on employment opportunities and personal freedoms, this amendment offers critical relief to those affected by lockdown-related convictions.
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