In a precedent-setting decision, the Cape High Court on Thursday ordered the attachment of the car of a Western Cape man arrested for drunken driving.
”This is the first, and we expect to do a lot more, particularly over the festive season,” said National Prosecuting Authority (NPA) spokesperson Sipho Ngwema after the order by Judge Dennis Davis.
The application, for what is known as a preservation order, was made by the NPA’s asset forfeiture unit (AFU).
Ngwema said the car, a Toyota Corolla, belongs to Benjamin Kleinbooi, arrested for alleged drunken driving in the Karoo town of Laingsburg in April and again in March.
Though he has been charged, neither case has been finalised.
Kleinbooi was alleged to be four times over the legal blood alcohol limit in April, and three times over the limit in March.
Ngwema said the car is being attached as an instrument used in the commission of an offence, in the same way that a gun used in an unlawful shooting would be confiscated.
”It’s still with him. We’ll go and fetch it,” he said.
The AFU will now apply for a forfeiture order, which will allow it to retain the car permanently. This process could take several months.
Depending on its condition, the car will eventually be auctioned off or given to a state department to use.
He said that earlier this year the NPA decided to support the Department of Transport’s Arrive Alive campaign by sending a strong message to drunken drivers.
Driver alcohol levels in all provinces are ”extremely high” compared with acceptable international standards.
Two percent of drivers tested before 6pm on an average day, and 5% after 6pm, exceed the legal limit.
The Medical Research Council has found that just less than half of all drivers killed in accidents in 2001 exceeded the limit.
”These are the compelling reason for the NPA to assist in stopping the carnage on our roads,” Ngwema said. ”We warn drivers not to drink and drive. If they do, they might not get away with it this time.”
Laingsburg police said Kleinbooi works at the local municipality, where an employee identified him as an integrated development plan coordinator.
He was in Stellenbosch for a meeting, and could not be reached for comment. — Sapa