Saving grace for motorists

2003-05-13 08:19

Sonja Carstens

Johannesburg - Thousands of motorists countrywide unwittingly pay illegal traffic fines that were issued to them more than than 30 calendar days after the offence.

State prosecutors and magistrates summarily withdraw or scrap these fines when motorists contest them.

National prosecuting authority deputy head Jan Henning SC said these stipulations were still in force, but most motorists paid the fines because they were not aware of their rights.

NPA policy determines that when a traffic official does not pull over a motorist or inform them of the offence, a notice of the offence must be issued within 30 days.

If the fine is issued after this period, it is invalid.

This includes fines where a motorist is caught by a camera for skipping a red traffic light or for speeding and parking fines.

Henning said these measures were put in place to allow motorists to execute their constitutional right to contest a traffic fine.

Henning said: "In fairness, nobody would be able to remember months after an alleged offence whether they were indeed driving on the specific road, on the specific date and time.

Speed limits must be clearly visible

Ruben Ligaraba, a senior prosecutor of the Pretoria magistrate's court said a fine was valid if it was issued within 30 days of the offence, but a summons could be served on a motorist months later.

He said, however, that summonses should be issued as soon as possible after the offence.

NPA regulations also demand that clear notices must be on display on roads where cameras are used to trap offenders.

Prosecutors are compelled to inform local traffic authorities that traffic cases will be withdrawn if the particular traffic officers who issued the fine are not in court during the first appearance. Cases may be postponed only when the official is off sick, not even when he or she is on leave.

Traffic officials must also produce the original warrant of arrest where a motorist is arrested at a roadblock for past offences.

Ligaraba said that if the original warrant was not available, the motorist could not be arrested.

- Beeld