I recently discovered that, I have had a criminal record for the past 14 years, without ever being informed, in any way whatsoever and without ever appearing in a Court or in front of a Judge either.
I applied for a job/contract and after being shortlisted as the candidate to get the deal, I was informed that they cant offer it to me anymore, due to an SAPS report they have been given. Due to this report I lost R154,000 in income.
The report said that in February 2002 I was arrested for “Abuse of dependence-producing substance and rehabilitation centre” by the Sandringham police – Case No 390/2/2002 2. Further on in the report stated that I was sentenced with a “Fine” & that my “Firearm License was Endorsed” in the Johannesburg Magistrate Court, on the 25-04-2002.
This is all news to me, as none of the above is true and this information was placed in the system illegally, as I was never tested for any drug use, no drugs were found on my person, car or my dwelling, and I never owned a firearm at that time and still don’t.
I never appeared in front of a Judge either and certainly never pleaded guilty/innocent to any of these charges and I most certainly never went to any rehab centre either. The only truth in this is that I was arrested, together with my gardener who also stayed on my property, for a few small dagga plants which was growing in the garden and that my gardener was suspected of breaking in, at my neighbor. The Hillbrow Court released us back then, and we never appeared in front of a Judge, due to lack of evidence and wrongful police procedure.
What can I do to trace this police captain who is responsible and to take him to court as to claim the losses his lies has caused me and how do I get these records cleared? I would appreciate it if anybody can offer some good legal advice.