‘Not legal to confiscate licences’

2011-12-28 12:38

There is no legal basis for traffic police to confiscate the licences of traffic offenders on the spot, Justice Project SA said today.

“There is no provision in the Transport Act or legislation for traffic police to confiscate licences. It is not within the law,” the organisation’s chairperson, Howard Dembovsky, said.

“I am not saying licences should not be confiscated or suspended for serious offences, there is a way to do so.”
He said only the courts may revoke a licence.

Transport Minister Sibusiso Ndebele yesterday said:
“Drivers arrested for any offence must have their driving licences seized as well as suspended and/or cancelled.”

He was reacting to the 900-plus road death toll so far in December.

His spokesperson, Logan Maistry, today said seizing of licences needed to be done by a court of law.

He said the minister was calling for harsher action against traffic law offenders.

“We cannot do anything without legal basis,” said Maistry.

Dembovsky said confiscating licences at the roadside would amount to theft and exposed the minister to criminal charges. It would also open traffic police to corruption.

“The minister might have been emotional when he made this call.”

Reacting to crashes during the Christmas weekend, Ndebele said these were usually not accidents.

“They are normally caused through blatant disregard for traffic laws, which include overloading, drunk driving, speeding and unsafe overtaking.”

He said in conjunction with the ministries of police, justice and the National Prosecuting Authority, they would continue to ensure they were more aggressive in dealing with irresponsible drivers.



Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Comments have been closed for this article.

Inside News24

 
/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.