The festive season is meant for joy, not jail, but many South Africans still find themselves behind bars.
Yolanda Akram, a Durban attorney who specialises in human rights, family law and criminal litigation, said her practice sees a notable increase in cases over the festive season.
“December is the legal equivalent of flu season. Everyone is relaxed, travelling, and celebrating, and suddenly there are various problems.
“I typically see drunk driving arrests, assault complaints, possession of narcotics usually outside nightclubs or bars, immigration arrests, domestic disputes, which spike during the holidays, and the classic public disturbance charges. The festive season brings beautiful chaos, and some of that chaos ends up on my desk,” she said.
She provided these tips to stay out of jail:
- Uber is cheaper than our festive legal fees, so don’t drink and drive;
- marinate the meat and not your mouth. Avoid arguments and fights;
- if you feel your temper is rising, switch to “Silent Night”. No-one gets arrested for sleeping;
- not every party needs fireworks;
- don’t bring up family stories from 1989. The festive season is for gifts, not resurrecting old receipts; and
- if your cousin says, “I know a guy”, walk away fast.
But if you find yourself handcuffed, Akram offered three “golden rules”.
“You have the right to remain silent, so use it. December spirits make people overshare. Save the storytelling for January. You have the right to legal representation. You don’t need to give statements without a lawyer present. You must be treated with dignity. Festive season or not, the SAPS cannot assault you, refuse you medical attention, seize your phone unlawfully or deny you contact with your family or lawyer. And most importantly, an arrest is not a conviction; it’s just an unpleasant interruption in your holiday.”
She said people tend to talk too much when arrested.
“Many people try to ‘explain themselves’. However, explanations under pressure often become confessions. They argue with the police. You won’t win an argument on the roadside at 2am, so save your energy for court,” Akram said.
Offenders also make the mistake of resisting arrest.
“Some resist arrest physically. Even a tiny push or hand pull becomes ‘attempted assault on a police officer’. Some also sign documents without reading them. If you don’t understand what’s being placed before you, don’t sign. Ask for your lawyer,” Akram said.
Do not try to bribe an officer, Akram warned.
“What was a simple driving under the influence charge becomes corruption charges and is an expensive way to try to ‘speed up’ the process.”
Akram urged South Africans to celebrate but not self-sabotage.
“Know your limits, respect the law, and if you do find yourself in trouble, remember: staying calm and getting proper legal help makes all the difference. I always tell clients your December decisions determine your January problems. Make good ones.”
TimesLIVE