Dear attorney,I present you the followin...

Asked by Freestatecommuter on 11-10-2022 10:32:51
Question posted in the Criminal Law category relating to Free State

Dear attorney,

I present you the following situation;

As an employee with my own vehicle transportation to work, I have a colleague who rides with me to work.

After a year and several months, I've gotten the suspicion that the employee is addicted to drugs.

Ever since I've noticed symptoms suggesting the use of drugs at work, it seems likely that he is transporting drugs in my vehicle.

I do not feel comfortable with this and want to terminate his commute in my vehicle as soon as possible.

I told him to stop bringing any possible drugs into my vehicle, and warned him that he will not be welcomed in my vehicle again.

After the warning, I still noticed signs of possible drug use at work indicating a possibility of smuggling of drugs in my vehicle.

During the entire situation, there was never clear evidence of drug use, apart from symptoms and smell, therefore I can only suspect with reasonable conviction.

I am in the process of informing my employer that I want to terminate his commute in my vehicle. My employer was not available in the past week, and Monday, therefore, as a temporary solution, since Friday, I've let him ride in the back of my bakkie, but not allowed him in the cabin.

The colleague resides with a fairly old man. Through previous conversations, it appears that the old man is aware of his possible addiction.

On Tuesday moring, the old man took photos of my vehicle, myself, and the colleague riding in the back of my bakkie.

Am I obliged to report his addiction?

What actions would you best recommend me to do?

I am considering to draft a formal agreement under which the colleague acknowledges the conditions under which he is allowed to ride in my vehicle, agreeing to adhere to the law, and ultimately find a way to terminate his commute with me.

I present you the above situation.

Your advice will be highly valued.

Please let me know if you need any further information of me.

Best regards

Message from the Lawyer

Posted by Att. Patrick on 11-10-2022 21:14:16

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Message from the Lawyer

Posted by Att. Patrick on 11-10-2022 21:34:55

I do not feel comfortable with this and want to terminate his commute in my vehicle as soon as possible. --> There is absolutely nothing in law stopping you from telling this person that you will no longer transport him to/from work. As you say, it is your car and you are entitled to transport whoever you want. 

Am I obliged to report his addiction? --> You are not obliged to report your suspicions about his addition to anyone. Not your employer, and not even to the SAPS. At present, all you have is your suspicions - which might be wrong, and might be right. Who knows. 

What actions would you best recommend me to do? --> Don't get into a situation where you are stopped at a road block or something with this guy in your car, with drugs. The SAPS will assume that you (as the driver, and owner of the vehicle) knew about the drugs or should have known or are implicated in the drug use. This is NOT good. So do not put yourself in that position.

I am considering to draft a formal agreement under which the colleague acknowledges the conditions under which he is allowed to ride in my vehicle, agreeing to adhere to the law, and ultimately find a way to terminate his commute with me. --> So you're going to put in an agreement that he is not allowed travelling with you if he has drugs on his person. And then you get stopped? And the SAPS find drugs. And you say "but we have a written agreement!"? I don't think that this is a good idea. You should rather not get into that position at all. 

Answer Accepted

This answer was accepted on 12-10-2022 06:12:53

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