JMPD is acting outside the law
THE Johannesburg Metro Police Department (JMPD) "continues to thumb its nose at the Aarto Act" and is behaving criminally, despite being warned.
UNLAWFUL PRACTICE: Howard Dembovsky of Justice Project South Africa. PHOTO MOHAU MOFOKENGThe JMPD is accused of ignoring provisions of the Administrative Adjudication of Road Traffic Offences (Aarto) Act by sending traffic infringement notices to motorists via regular post mail and then arresting motorists for nonpayment.
This is illegal, says Howard Dembovsky, national chairman of Justice Project South Africa (JPSA). He has registered a complaint with the public protector.
Road Traffic Infringement Agency registrar Japh Chuwe agrees with Dembovsky.
On January 11 Chuwe sent a letter to JMPD chief Chris Ngcobo and director Gerrie Gerneke asking them to stop the practice.
Chuwe's letter reads in part: "The Agency is aware that the JMPD continues to issue infringement notices by ordinary mail and reminds you that this practice is contrary to the prescripts of the Act . cease such practices forthwith . this practice . flouts the current provisions of applicable legislation."
Road Traffic Management Corporation (RTMC) spokesman Ashref Ismail yesterday confirmed that the JMPD was acting illegally.
Dembovsky points to section 30 (1) of the Aarto Act which states "any document required to be served on an infringer in terms of this Act, must be served on the infringer personally or sent by registered mail to his or her last known address".
Other Gauteng metros are using registered mail.
"If you are stopped at a road block and you are told of outstanding fines, ask to be given the notices and if the officers refuse and detain you for any amount of time, that is unlawful arrest," Dembovsky said.
"At JPSA we have entered into partnership with law firms that will take up your matter in court and sue. The individual only pays a percentage once the case is won.
"Since November 2010 a high court ruling allows for an officer to be sued personally as well," he said.
He said that an infringement notice or fine is initially issued. This can either be when an officer stops a motorist, issues a fine and the motorist signs for it on the spot.
Where it is an electronic fine from a camera, a notice has to be sent via registered mail within 40 days of the infringement.
The motorist will then have 32 days to pay the fine. If the fine is not paid, a courtesy letter is sent on day 33, again via registered mail.
After another 32 days with the fine not being paid, an enforcement order is effected and, if ignored, a sheriff of the court can attach the infringer's property to cover the fine.
Motorists with outstanding fines will also not be able to renew their vehicle licence until traffic fines are paid.
Dembovsky said about six million fines have been sent illegally since June last year, when he first took up the matter with the JMPD.
Baba_T
If they stop yo and tell you to pay-up Just pay the fineI tried to use that section 30 (1) of the Aarto Act BUT the dump officer had no idea what that was and locked me up.
I paid then I was released.
Dont try to be clever with them they will lock you up. They have no idea how the law & acts works.
All this law is good on paper but does not apply in real life.
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Printa
What Knew!A ploy to milk us dry for all cents during this festive... Never were they ever interested in preventing and helping motorists user friendly to the road as it was the purpose of their creation.
And the government is letting them!
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sakhomba
@Baba_T"Dont try to be clever with them they will lock you up. They have no idea how the law & acts works"
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I can imagine trying to discuss section 30(1) with a middle-aged JMPD member. they will lock you up sure.
When they stop me I normally agree to all the nonsense coming out of thier mouths and be polite. chances are they will negotiate a bribe(R50) because R20 does no longer buy a Mc donald's burger.
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SifisoHadebe
Maybe they sending fines through highly unreliable regular mail to save money.But then at roadblocks when they see you're unpaid they get excited like a bunny.
And arrest you whether you're a young dude or a tannie.
This is why sometimes I think JMPD is headed by a dummy.
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Vhamsanda
These legal moguls can turn your world upside down with their utterances. This is not new information and yet the police keep arresting us at road blocks. I wonder if the constables do really understand their job or are just plain stupid.Advice: Please keep some notes in your wallet lest you will be inconvinienced.
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SteveBiko
JUST pay the fines in time instead of delaying then they wont post it.Report Abuse
sekhebereshe
hello...metro police dont care,they are just illeterate ignorant hungry corrupt cops......i hate metro policy and i dont even trust them....the only thing they do best is to threaten drivers to give them bribes especially the ones on the N1 to Limpopo...Report Abuse
Nnyoemonate
Do they even know, what they are doing? I am hoping to get refunds for the illegal payment we did. Difebes, what they know is to get bribes.Report Abuse
TupacAmaru
So...if I understand well, them muthafuckers haven't got no right to arrest my ass? Guuuud!!!!Report Abuse