Magistrate backs lawlessness

2010-02-08 22:59

Johannesburg - Gauteng Chief Magistrate Daniel Thulare will be referred to the Magistrates' Commission for saying drivers can drive without a licence, the transport ministry said on Monday.

Department spokesperson Logan Maistry said Transport Minister Sibusiso Ndebele said Thulare's comments were "disconcerting, misleading and totally unethical".

Thulare said in the Sowetan on Monday, drivers who could prove they had a learner's licence which had expired while the driver was trying to obtain a testing date for a driver's licence, would be able to legally drive on South African roads.

'Conviction unlawful'

"Any conviction of a citizen for driving without a licence would therefore be unlawful if the state itself has failed to test that person," Thulare said.

However, Ndebele was quoted as saying in a statement: "Why is magistrate Thulare, who is supposed to be a custodian of our law, advocating lawlessness?"

"The supremacy of our Constitution and the rule of law are foundational to the democracy established by the Constitution. Whilst we respect the independence of the judiciary, in all constitutional democracies the judiciary plays a pivotal role in shaping society."

"The judiciary therefore needs to engender trust, integrity and moral rectitude."

Illegal

Ndebele said any person caught driving without a driver's licence on South African roads would be arrested.

"Based on Magistrate Thulare's comments on driving licences, may we then assume that an accused who appears in court, and the case is remanded several times as a result of no fault of the accused, should simply ignore warnings to appear in court again?

Should persons who have been unsuccessful several times in obtaining a firearm licence simply continue to be in possession of a firearm without a valid licence?"

"According to the National Road Traffic Act [Act 93 of 1996], any person who drives a motor vehicle on a public road must be in possession of a valid driving licence. Therefore, it is illegal to drive a motor vehicle without a valid driving licence," he said.

"In the event of a collision, the driver will be charged for being unlicensed and a civil claim for damages may also be instituted against an unlicensed driver."

Safety

Ndebele said an unlicensed driver not only posed a threat to his or her own safety but also to the safety of other road users.

The Johannesburg Metro Police Department had not received any amended legislation that allowed a person to drive without a licence, Inspector Edna Mamonyane said.

"Until we receive that, unlicensed drivers will be fined," she said.

"We agree that the booking system is not working, but that does not mean you do not have to follow the law," she said.

Ndebele said the department of transport was continuously working with provinces and municipalities on service delivery problems relating to testing stations.

- SAPA