Johannesburg - A university graduate with a BComm accounting degree has been forced to live in a shelter and beg on the streets because of an old criminal record from protesting during university days.
However, upon investigation, The Star has found out that he was not supposed to have a criminal record because charges against him were withdrawn, but the investigation officer failed to fill in the necessary paperwork.
This left the criminal record hanging over Phumudzo Mugari’s head; as a result, he lost out on a paid internship early this year.
When The Star told Mugari, 27, that he actually did not have a criminal record, the unexpected twist of events left him angry, bitter and shocked.
“If they had not make that mistake, I would not have suffered.
“It is because of them that I ended up on the streets,” he said.
Mugari was a student at the University of Limpopo’s Mankweng campus in 2012 when a disagreement about the outcome of elections led to a violent strike where some university property was vandalised and burnt.
Mugari, who was the deputy secretary of the South African Students Congress, was arrested while protesting and charged with resisting arrest and the enforcement of power against a police officer in uniform.
He said the matter never went to trial and he was later cautioned and discharged.
“I asked the prosecutor if the case would have any impact on my future and she said no,” Mugari recalled.
He graduated the following year. However, regardless of how many jobs he applied for, he was never called for an interview. This year, he got an internship in the finance department of a logistics company, but the company rescinded its offer after they took his fingerprints and found that he had a criminal record.
“I went to the Criminal Record Centre and they told me that it would take 10 years to clear my name. I could not wait for so long without a job. They also said I could apply for a presidential pardon, but that I would have to wait two years. I knocked at every door to challenge the system but failed all the time,” he said.
The Star put questions to Limpopo’s police spokeswoman only to find out that what Mugari was convicted of left no criminal record because there was no trial.
Colonel Ronel Otto said records showed that he was not supposed to have a criminal record as charges against him were withdrawn.
“It was a mistake. There was paperwork that was supposed to have been filled in, but it seems there was a miscommunication between the accused and the investigating officer.
“He is required to go back to the police station so that the matter can be sorted out,” Otto said.
However, this was small comfort for Mugari who believes that the reason he remained in Joburg to try to clear his name, resulting in him staying in a shelter, was as a result of that mistake.
“I really don’t know what to think; I will seek legal advice,” he said.
According to lawyer Tumi Mokoena, Mugari does have legal recourse and can sue the police for defamation. He said if one could accuse another of being a convicted criminal when they were not, that was defamation of their character and a violation of their rights.
“His good name has been soiled and he can claim for damages stemming from the loss of employment opportunity,” Mokoena said.
If you have been acquitted, check the system has noted it
According to Amelia Griesel from CSI Africa, a private investigation firm, the cost of employing and firing an employee is high and criminal records are becoming a huge concern as more employers do background screenings on prospective employees.
Griesel said a criminal record lasted until one could apply for an expungement or presidential pardon, but that there were various factors that needed to be taken into consideration. She also said if someone was arrested once, they had their fingerprints taken and went through a lengthy trial, but were later acquitted, that should not be a hindrance when looking for a job.
“But, as with all things, there is a problem in the system.
“If a person was acquitted or had cases withdrawn, then the investigating officer has to send the result of the hearing to the Criminal Record Centre which is then supposed to make the required changes on the system.
“What we get a lot is that this does not happen - therefore the criminal record still appears on the personâ??s name as a pending case.”
Griesel said that people should also be careful of assuming that whatever it is that they have been arrested for is small, such as paying a fine, and then thinking all is well.
“If a person is arrested for a 'small' thing, they are under the impression that if they pay a fine at the SAPS or at court they do not have a criminal record, but in fact they do. Once they pay that fine, it is an admission of guilt, therefore there is no court case, but they still have the record.
“Most SAPS members encourage people to pay these fines because it looks good on their crime-solving statistics, and they do not have to spend time in court.
“It is a vicious circle. If, however, they do decide to go to court, mostly, the cases are withdrawn because of a lack of evidence and interest, then the investigating officer does not update the records and the record will appear when a criminal record check is done,” Griesel said.
For more information, visit www.csinvestigate.co.za.
The Star