December 2, 2020

The following questions will provide clarity on some of the legal terms you will encounter throughout this WiseUp Newsletter.

Question:  What duties do the police have when dealing with gender-based violence?

Answer: > Apart from the general duties in respect of investigating criminal offences and laying charges, they have specific duties imposed on them by the Domestic Violence Act.

>     The police must assist domestic violence victims by giving advice and explaining different options available to them, as well as to provide victims with counselling, shelter and medical attention.

>     The police must also accompany the victim to his/her home to collect personal belongings, for example, if it is indicated in a protection order.

Question:  What other acts must a public school refrain from doing if a learner's school fees are not paid?

Answer: > The law says no learner may be refused admission to a public school on the grounds that his/her parent cannot pay school fees. A public school can, therefore, be forced to provide a basic education as per a child's constitutional right.

> A learner may also not be deprived of his/her right to participate in programmes of a public school, despite the non-payment of school fees.

>If fees are not paid, the learner may not be victimised. For example, the learner may not be suspended from class, have to deal with verbal or non-verbal abuse, be denied access to cultural, sporting or social activities of the school, or be deprived of food if the public school has a feeding scheme for its learners.

Question:  Has the alcohol limit been reduced to 0%?

Answer: > Amendments to the National Road Traffic Act have been provided to Parliament where it is proposed that the alcohol limit, while driving, must be reduced to 0%.

>     The reason for this suggested change is to limit the risk of motor vehicle accidents and to ensure better road safety.

>     However, this has not yet been approved and has not come into effect. The alcohol limits remain as follows when driving a motor vehicle:

-      Blood test: the concentration of alcohol may not be more than the limit of 0.05 gram per 100 millilitres.

-      Breathalyser test: the concentration of alcohol may not be more than the legal limit of 0.24 milligrams per 1000 millilitres.

Question: Has the demerit system for traffic offences come into effect yet?

Answer: > The demerit system has not yet come into effect and proposed amendments to the Regulations suggest that it will come into effect in July 2021. However, this date may change.

>     Under the demerit system, demerit points (ranging from one to six) will be allocated for different infringements and offences. The number of demerit points allocated will depend on the type and severity of the infringement or offence employer can decide to retrench an employee.

Did you know…The police must assist domestic violence victims by giving advice and explaining different options available to them.