THE ROAD TRAFFIC ACT 291909 section 123
MODULE 8 LEGAL ASPECTS 1
1. INSTRUCTIONAL OBJECTIVES
On completion of this module you must be able to:
1. Describe the unauthorised acts in relation to vehicles in section 113 of the road traffic act no. 291989.
2. List, which articles the state, may seize in terms of section 20 of the criminal procedure act 51/1977.
3. Describe 11th unauthorised use of another’s property without the owners consent in terms of
Section 1 (1) of the general law amendment act 56/1956
4. Describe when the failure to give a satisfactory account of possession of goods will be regarded as an offence in terms of section 36 of the general law amendment act no. 62/1955.
5. Describe and demonstrate the requirements for the searching of persons with their consent.
6. To describe and demonstrate the requirements for searching of motor vehicles and other possessions with the consent of the person.
2. AIM
The aim of this module is to ensure that the security officer must be able to operate within the frameworks of the law.
3. THE ROAD TRAFFIC ACT 291909 section 123
If you are not the owner, operator or person lawful in charge of a vehicle, you will be guilty of an offence if;
You start the vehicle
Put that vehicle in gear
Tamper with the machine or any part of the vehicle
Enters or climbs upon that vehicle
Drive that vehicle upon a public road without permission.
4. CRIMINAL PROCEDURE ACT 51 of 1977 SECTION 20 In terms of Section 20 the State may seize certain articles:
A seizure can be described as the taking in possession of an object with or without the permission of the person who is in control of it, the seizure my be effected during a search, but where the object is clearly visible it would not be necessary for a search.
The state may, in accordance with the provisions of this chapter, seize anything (in this chapter referred to as articles) —
Which is concerned in or on reasonable grounds believed to be concerned in the commission of an offence
Which may afford evidence of the commission of the crime
Which is intended to be used or is on reasonable grounds believed to be used in the commission of an offence.
5. GENERAL LAW AMENDMENT ACT: NO. SG1956 SECTION 1 (1)
Any person who, without the consent of the owner or person having control thereof, removes any property from such a person shall be guilty of an offence.
6. GENERAL LAW AMENDMENT ACT NO. 621955 SECTION 36
Any person who is found in possession of any goods other than stock or produce to which there is a reasonable suspicion that they have been stolen and is enable to give a satisfactory account of such possession shall be guilty of an offence.
7. GROUNDS OF JUSTIFICATION FOR SEARCHING (CONSENT)
Searches must always be conducted within the framework of the law.
Whenever a search is done it must be done with strict regard to decency and order.
If the provisions of the Criminal procedure Act don’t apply on the specific situation the only way to
the search is by getting his or her consent. The requirements is as follow:
The person who consent must be capable to exercise his will.
He is not under the influence of drugs or alcohol.
He does not suffer from a mental defect and is mature to appreciate the implications of his consent.
He must have the authority to consent.
Consent can only be given by a person who or whose property will be search.
Consent must not be contrary to public morals.
If a lady consents to a body search by a man, it will not he regarded as valid.
Consent cannot be withdrawn after the act has started.
It must be withdrawn before the search has started.
Consent must cover the whole act.
Consent to search a briefcase is not consent to do a body search,
If a person consents to be search by a specific person, another person can’t do the search.
Consent must be voluntary.
Consent obtained thru the use of threats is not valid,
It is only valid if the person understands the implications of the consent,
Consent fraudulently obtained will not be valid.