In a harrowing incident that underscores serious concerns about law enforcement practices, Nonkosi Nogaga, a devoted mother and domestic worker, found herself facing a traumatic ordeal before her long-awaited graduation on October 24.

She was reportedly arrested at a roadblock in Wynberg, Cape Town, after refusing to pay a traffic officer an on-the-spot fine of R1,500 for alleged fines she had settled through a mobile app.

The officer allegedly drove her car, with her crying six-year-old daughter inside, to drop the child off at school before taking Nogaga to the Wynberg police station. 

“I tried to explain to him that I had paid all the fines, but he wouldn’t listen,” Nogaga told News24. 

“He kept telling me if I could only pay at least R1,000, he would let me go.”

Nogaga was held in a cell with unsanitary conditions and intimidating cellmates. She was eventually brought before a magistrate who set bail, but as she had no money, she was told she would spend the weekend in Pollsmoor Prison. 

“When they said that, I just burst into tears. I cried all day. I was so scared,” Nogaga said.

However, her elder daughter managed to secure her bail with R300 after receiving a message from Nogaga before her phone was confiscated.

Upon returning to court with proof of payment on November 25, Nogaga discovered there was no case against her, and her bail money could not be recovered. 

“After all that trauma I went through, there was suddenly nothing on my name. I was treated like a criminal, and not even an apology was offered. I don’t even know how I’m going to get my bail money back because even though it was only R300, that is a lot of money to me,” Nogaga said.

She is now worried that having her fingerprints taken following her arrest will negatively impact her ability to secure the police clearance necessary for her studies and prospective employment involving children. She also missed her graduation. 

“I can’t get those images out of my head. I get nightmares, and I still cannot believe that this really happened to me,” Nogaga said.  

“All I wanted was to stand in my graduation gown and receive my qualification, but I missed that opportunity, and I will never get it back.”

Legal insights from Alta Swanepoel of Alta Swanepoel and Associates CC clarify the situation further.

According to Swanepoel, South Africa does not endorse a spot fine system, thus making payment of any fine on-site illegal.

She said if there is a warrant of arrest against a driver, the driver can be arrested on the warrant. The warrant must be available and shown to the driver. The case may be finalised by paying a contempt of court fine and the original fine.

Swanepoel explained that if a person is arrested, he or she must be brought before the court in 48 hours. There must be a court role that reflects the person’s name and charge. If bail is paid, there must be a receipt and a case number. 

“If the person is charged for cases that have already been paid, the arrest would be illegal, and the person would have a claim against the authority that arrested her and the SAPS who detained her.

“If she was not presented with a warrant for her arrest, the entire incident looks like an illegal arrest,” Swanepoel explained, adding that there are time limits to institute claims against the SAPS.

Meanwhile, City of Cape Town Traffic Services spokesperson Kevin Jacobs said: “We view the allegations in a very serious light and want to undertake a formal investigation to determine the facts.

“At the time, the motorist was requested to submit a written statement, together with all relevant details of the incident, to assist us in the investigation. No correspondence has been received to date, so we reiterate our call to the complainant to please provide the required details so that this matter can be resolved.” 

thobeka.ngema@inl.co.za

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