Mthembu not off the hook
2010-03-15 22:24
Johannesburg - ANC spokesperson Jackson Mthembu will still be prosecuted for drunken driving despite reports that breathalyser tests will be discontinued, the Western Cape department of transport said on Monday.
Spokesperson Solly Malatsi said Mthembu's case won't be affected by the confusion over whether the Dräger testing machines may be used or not.
"That case is not in jeopardy," said Malatsi. "The Western Cape will continue using the Dräger for the long haul," he said.
Mthembu was arrested in Cape Town last Thursday, allegedly for driving under the influence of alcohol. He was only tested with the Dräger device.
Malatsi said no drunken driving cases in the Western Cape would be affected.
No instructions from NPA
Robert Carlisle, head of the Western Cape transport department said in a statement on Monday there was no truth to reports that breathalyser testing was stopped in the Western Cape.
"Neither the Western Cape provincial government nor the director of public prosecutions has received any instruction from the National Prosecution Authority to stop using the Dräger breathalyser machines to test drunk driving."
Newspaper reports in the Cape on Monday said breathalyser tests were invalid. Carlisle said these reports distorted the facts.
"The fight against drunken killers on our roads is one of the biggest challenges facing South Africa."
He said drivers were still tested with the system over the weekend. "It is vital to understand that there are four stand-alone evidential methods: the police officers' testimony, video testimony of the accused at Shadow [Safely Home Anti Drunk-driving Operations War room] which is admissible in court, the Dräger result, and blood samples when drawn.
"Any of these can be used to secure a prosecution of driving under the influence of alcohol or drunk driving."
Three testing methods used
Carlisle said the Western Cape's approach was to use at least three of these methods in every case.
"There is no escape. I want to send out this message loud and clear: anyone who drinks and drives tonight and is stopped by the law enforcement agencies will be taken to Shadow to be tested. If they are over the legal alcohol limit, they will be arrested and taken to the cells like any other night."
The NPA said drunk drivers caught in Gauteng recently could be off the hook after the breathalyser device used to test them was suspended.
"The Dräger machine has been suspended in Gauteng for the past two weeks due to a certification problem," spokesperson Mthunzi Mhaga said.
"We have also withdrawn all drunken driving cases which had not yet started that relied solely on the machine's readings."
Mhaga said the NPA was still in talks with authorities in other provinces about use of the breathalyser.
Dräger used for screening
Johannesburg Metro Police Department Chief Superintendent Wayne Minnaar said there was nothing wrong with the devices.
"All the machines need to comply with the country's standards is the SABS [SA Bureau of Standards] stamp and we hope they would be functional soon. For now we only use the breathalyser for screening before taking the driver for a blood test."
The Road Traffic Act governs drunken driving prosecutions, and the machines have to comply with national standards.
The Star newspaper quoted Dräger product manager for breathalyser equipment Chris Vertue as saying a change in prosecutorial guidelines had caused the machines to fall outside the necessary certification.
There were no defects with the machines.
Vertue said the company was waiting for the relevant paperwork from Germany before sending the machines to be re-certified. This could take several months.
- SAPA