Traffic fines since '99 'illegal'

2003-06-29 19:25

Sonja Carstens

Pretoria - Millions of Rand paid for traffic offences in Pretoria over the past four years could legally be reclaimed because traffic notices and warrants were issued illegally.

These findings are part of a report compiled by magistrate Dreyer van der Merwe.

Legal experts believe the irregularities are not unique to Pretoria, but that other city councils have not investigated the matter yet.

The report indicates that between 500 000 and 700 000 admission of guilt fines were never ratified by a magistrate as the Criminal Law Procedure Act requires.

Random tests also showed that thousands of these fines were not issued properly.

Van der Merwe did not want to comment on the report on Sunday, but he is compiling court documents for a special revision application in the Pretoria High Court to ask that the unlawful procedures be regulated or set aside.

Legal experts said it would have "astronomical financial ramifications" for the Tshwane metro council if the High Court decides to set the procedures aside.

Van der Merwe said there was no record that clerks at the Pretoria magistrate's court were appointed according to the Magistrate's Court Act over the past four years.

This means that all the traffic notices and warrants they issued are null and void.

This includes traffic offences where cameras were used, but not those issued by traffic officers to motorists along the road.

The problems apparently started when the former traffic departments were replaced by the metro police.

- Beeld