JMPD cancels 6 million traffic fines
April 30 2015 at 07:25am
By Gabi Falanga
Dumisani
Dube
Justice Project SA chairman Howard Dembovsky talks
to the media about complaints of incorrectly issued infringement notices.
Picture: Dumisani Dube
Johannesburg - More than six million traffic fines issued to Gauteng
motorists between April 2009 and December 2012 have been cancelled by the
Johannesburg metro police department.
JMPD director Gerrie Gerneke told reporters on Wednesday that fines
issued during this period would no longer affect licensing processes.
Drivers would not be pulled over at roadblocks in connection with them,
he said.
“The cases have been taken off the system and marked as ‘finalised’ with
a special code.”
In March the Johannesburg metro police department announced it had
complied with the public protector’s proposed remedial action for issuing
infringement notices via ordinary mail instead of registered mail.
On 18 December, public protector Thuli Madonsela said in a report that
the Johannesburg metro police department had acted improperly and that the
fines did not comply with the Administrative Adjudication of Road Traffic
Offences Act.
“The acts of the JMPD accordingly constitute improper conduct and
maladministration,” she said.
Last month Gerneke said motorists could apply to have those fines cancelled
by filling in an Aarto form.
'HUGE ADMINSTRATIVE BURDEN'
However, the Justice Project of South Africa complained that it would be
a “huge administrative burden” for the public to do this - and all fines from
that period were cancelled.
Justice Project chairman Howard Dembovsky said: “I don’t think I need to
tell you that you can only apply to have something dismissed if you know it
exists, and the fact that they sent it out by ordinary mail caused a lot of
things to go missing.”
He pointed out that the Johannesburg metro police department had also
cancelled fines from as far back as 1 April 2009 because they had been sent out
under the same conditions. Dembovsky pointed out that the Aarto Act made no
provision for warrants of arrest.
“It is an administrative system and, therefore, anybody who threatens
you with arrest at a roadblock is actually committing a crime of extortion,” he
said.
He explained that from the date an infringement notice was signed for,
motorists had 32 days in which to pay the fine at a 50 percent discount.
If left unpaid, a courtesy letter would be issued and the motorist would
have to pay the full fine plus a R60 penalty fee.
If this was not paid within 32 days, an enforcement order would be
issued and the motorist would be fined an additional R60.
Motorists who had received enforcement orders through registered mail
and who had not paid the fines would not be able to renew their driving
licences or their vehicle licences or buy or sell a vehicle.
“Daily, people are turned away from licensing departments, where the
enforcement order has taken place,” Gerneke said, adding that more than 50 000
enforcement orders were issued each week.
The Star
