Claim from metro cops, JPSA says

2012-11-14 19:50

Johannesburg - The Justice Project SA (JPSA) on Wednesday called for motorists who had been forced to pay traffic fines at roadblocks to lodge civil claims against the Johannesburg metro police department (JMPD).

"JPSA encourages members of the public who have been forced to pay these fines under threat of arrest to institute civil litigation against the JMPD for unlawful arrest and would be happy to assist members of the public to institute such action," said JPSA chairman Howard Dembovsky.

The call comes after Transport Minister Ben Martins admitted in his response to a parliamentary question that the Administrative Adjudication of Road Traffic Offences (Aarto) Act did not provide for motorists with outstanding penalties to be arrested.

On Wednesday, the Business Day newspaper reported that Martins confirmed that traffic fines could not be delivered by ordinary mail, according to the Aarto Act.

Martins also said Act did not provide for motorists to be arrested for outstanding penalties, the newspaper reported.

Martins was answering a parliamentary question asked by Freedom Front Plus MP Anton Alberts on Tuesday.

He was quoted as saying if an authority issuing fines did not follow the prescripts of section 30 of the Aarto Act in delivering infringement letters, such documents could be interpreted as "never having been served".

"JPSA is delighted to see that the minister of transport has confirmed what we have been saying... the wanton misapplication of the Aarto Act by the JMPD is indeed illegal," said Dembovsky.

He said this was not the first time that the Johannesburg metro police's sending out of infringement notices had been confirmed as illegal.

"In November 2010, the then acting Registrar of the Road Traffic Infringement Agency (RTIA) also confirmed this in public."

Dembovsky said despite confirmations by the registrar and Martins, the JMPD had been allowed to "continue acting as they wish".

"It is incomprehensible that a law enforcement agency can act outside of the bounds of the law to start with, and it is even more incomprehensible that such extraordinary effort should be required to get them to act lawfully," he said.

  • sikhumbuzok - 2012-11-14 20:07

    i have even decided against going to Jhb unless i absolutely have to. i dont wanna be hauled into a kombi and marched off to an atm. very disgusting of jmpd

      daleinn - 2012-11-14 21:11

      JMPD is not about law enforcement, its about piling up traffic fines to catch people at roadblocks... they will set up road blocks in the festive season.. must watch.. have kfc money ready..

      sheamus.drager - 2012-11-15 05:59

      Very simple, unless the original fine was put in your hand or you have been served a summons in person, don't pay the fine. I have been caught in numerous roadblocks. There is nothing they can do to you, that they can't be sued for later.

      john.loveland.9 - 2012-11-15 10:32

      @ UNITY JMPD is not about pilling up fines... its roadblocks are about collecting bribes.

      claudia.meads - 2012-11-15 10:35

      What else do you expect in a country run by a sex-crazed, mafia goon, stuck in a stone-age time warp...

      werner.dippenaar.77 - 2012-11-15 11:50

      Claudia, it is so nice of you to compliment Zuma. (sarcasm)

  • debduplessis - 2012-11-14 20:23

    where do we sign up!????

      debduplessis - 2012-11-14 20:25

      to lodge the complaint & get refunds???

      mark.a.fysh - 2012-11-14 21:38

      Sign up for The justice Project at: Howard Dembovsky runs it - what a hero - puts his money where it matters.

  • mark.haupt.31 - 2012-11-14 20:29

    Thanks Howard, wish there were more like you. The problem, as I see it beginning unfortunately with so much political indecisiveness, is that we will end up having renegades in the force(s), a la Zanu-PF, and then we are in serious trouble. Who polices the police? Who appoints the chief of police and to whom does the chief owe allegiance? Things we need to start considering maybe?

      mark.a.fysh - 2012-11-14 21:39


  • jaysonpaul.beckwith - 2012-11-14 20:32

    Its that time of the year again folks..these clowns will be out in fill force again looking to get there christmas box...someone needs to pay for that street wize 2 with extra chips. bunch of bafoons.

  • raj.maharaj.520 - 2012-11-14 20:46

    I have received the following sms: You have outstanding JMPD Traffic Infringement/s: Avoid further action, call 0105000077, Ref 650124**** or If paid ignore. I tried on two different occassion to contact them, however the people were very unhelpful. I even asked them to forward the fines to my postal address. They say they have yet I have not received a single notice as yet. Even on my license renewels form does not show outstanding fines. What do I do in that case. JMPD needs to follow proceedures.

      sean.carbutt - 2012-11-15 08:46

      Raj, the same thing happened to me. I refuse to pay these fines unless they can send me pics of my car committing the offence. Heck i have recieved camera fines with my details but for a place that I have never been to and the car in the pic is not even my car let alone having the correct number plate. I do not pay simple, the exception is the hand written fines, these are actually a fine with the summons attached.

      david.davids.5070276 - 2012-11-15 10:14

      Just ignore the SMS, they send them out hoping some one will be scared enough to go pay.

  • sy.sengwanemaitisa - 2012-11-14 20:49

    Last week sometime JMPD printed my outstanding fines at the roadblock and I signed fr them.Does this mean that I can now be arrested in the roadblock? I really need clarity if somebody can help please

      neville.watson.31 - 2012-11-14 21:23

      I would say yes. Those fines that were printed have now been served and you have signed receipt.

      bdanney - 2012-11-15 09:04

      No. Fines have to be issued and signed for within 30 days of the offence.

  • jayjay.mlungu - 2012-11-14 20:49

    Eish less scope for bribes now

  • Bra Tebzaah Sibilanga - 2012-11-14 21:17

    We had some cowboys here in NW driving in their G5 Gti and E90's with big guns.They were called JAWS.Those people terrorised us with their roadblocks,arresting us and threatening us when we had outstanding fines.They stole the money collected at roadblocks and re-arrest you at another road block because they never update paid accounts.

      melanie.pienaar.92 - 2012-11-15 07:01

      My friend is an internal investigation officer at the national trafic dep. and he was investigating in the NW a while ago, maybe it had something to do with your experience. Hope it was. He is one of the few good guys.

  • flysouth - 2012-11-14 21:23

    It always requires 'extraordinary effort' to get criminals to stop acting outside the bounds of the law!

  • JohnDough - 2012-11-14 21:26

    Just tell them to F|_|ck off.

  • peter.woods.142 - 2012-11-14 21:45

    Wayne minaar... You have a lot too answer for! Arrogant man!

  • RudiErnst - 2012-11-14 21:58

    Unrealistic, I'm afraid. The culture of the institution is the same as that of government - for as long as they can continue fighting in court using taxpayer money, you will not succeed. It's a culture thing.

  • brionyl.french - 2012-11-15 05:14


  • melanie.kuschke.10 - 2012-11-15 05:20

    It is not only JMPD who do this...EMPD(Ekhuruleni ) also do this!!

      kyk.nounet - 2012-11-15 06:28

      That's the kind of thing you can expect from a Department run by an ex-arms smuggler.

  • kenpeg.dawson - 2012-11-15 07:41

    A summonds was hand delivered to my house and put in the letter box. It was for a toyota hi-ace (high impact african culling device). My name and id was correct correct address everything. Only problem is I have never owned or want to own a taxi.

  • bdanney - 2012-11-15 09:11

    So if they admit the fines are illegal when will they be withdrawn?

  • david.davids.5070276 - 2012-11-15 10:13

    Please guys, don't ask JMPD to change their style - I don't pay speeding fines sent through the post. If they become legal, I will have to start paying.

  • mlungukalo.brakes - 2012-11-15 14:43

    JMPD are nothing but a bunch of ignorant, arrogant thieves in uniform, controlled by a megalomaniac, and allowed to be so due to a totally corrupt and useless governmental system! They are just a money collecting agency, thinly disguised as "Law Enforcement"

  • jakkals616 - 2012-11-18 06:06

    This is beautiful!

  • Gary.desousa7 - 2012-11-18 09:52

    Will the JMPD pay all my coststo go to a civil court??

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