Debt collection is specified by the law

THIS is an excerpt from he Road Traffic Infringements Agency's response to an article that was published in Sowetan on Tuesday about the public outcry over the enlisting of debt collectors to recover outstanding fines:

"(The) Agency is disturbed by the intentional misrepresentation of the story, which for all intents seems purported to cast aspersions on the integrity of the Agency and the Aarto process. The reporter alleges that the process of collecting these outstanding infringements is illegal.

In engaging the collections process, the Agency is acting on its mandate, specifically provided in sections 2(a), which states that the "agency may do anything that is necessary to perform its functions in terms of any law, or assigned to it by the Minister" and section 5(1) that the "agency may . appoint agents, or contract with any person, to perform any function vested in it in terms of this Act or any other law".

The Agency emphasises that infringers must exercise their rights as provided in the Act, being to pay the infringement, submit a representation, nominate the driver, elect to be tried in court, or pay the penalty in instalments, failing which, the debt collection process can be initiated in pursuit of the outstanding infringements.

There is nothing unfair about the process followed. Once the infringer goes past the 32 days without exercising any of the elective options, infringers lose the discount provided and a courtesy letter is issued, followed by an enforcement order and warrant of execution. The debt collection process is initiated by the Agency, irrespective of the status once the payment is due to it."

- Japh Chuwe, Registrar

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