- Justice Minister Ronald Lamola says a person found guilty by the courts for not wearing a mask would have a criminal record.
- Lamola said the person would have criminal record, even if not sent to prison.
- President Cyril Ramaphosa announced on Sunday that the wearing of a cloth face mask is now mandatory.
Justice Minister Ronald Lamola says people who fail to adhere to the mandatory wearing of a mask will have a criminal record if found guilty by the court.
He said the person would be charged with contravention of the regulations in terms of the Disaster Management Act, and may possibly face a fine.
Speaking at the security cluster briefing on Wednesday afternoon, Lamola said the fine would be per the guidelines of various chief magistrates across the country.
“From our side, if this does happen in the courts through the prosecutors, or it happens through a person being found guilty in the courts, it does carry with it a criminal record.
“You will get a criminal record, even if you are not sentenced to imprisonment and it is only a fine, even if the magistrate decides that the offence and the sentence must carry on its own, a fine. It will be a criminal record,” he said.
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He said it would be left to the magistrate to decide which is the appropriate sentence under the circumstances.
He said compliance officers, taxi drivers or owners of buildings, among others, are responsible for ensuring that people wear their masks.
“They would be the ones who are prosecuted if they fail to ensure that people are wearing masks. It is not like there would be massive prosecutions of people in the public places,” he said.
On Sunday evening, during his address to the nation, President Cyril Ramaphosa said the wearing of a cloth face mask or homemade item, which covers the nose and mouth, is mandatory.
Earlier during the briefing on Wednesday morning, Minister of Police Bheki Cele said no person will be allowed to operate or perform any service if they are not wearing a cloth face mask.
“Drivers and operators of public transport and shop keepers will be responsible for ensuring that anyone who boards their vehicle or who enters their premises is wearing a mask.
“If they fail to do so, they will be committing an offence and can be charged accordingly.”
