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Illegal fines put province in a fix

IN A PICKLE: Mpumalanga MEC for Roads and Transport Vusi Shongwe PHOTO: VELI NHLAPO
IN A PICKLE: Mpumalanga MEC for Roads and Transport Vusi Shongwe PHOTO: VELI NHLAPO

THE Mpumalanga government faces possible claims arising from speeding fines collected from motorists who were caught by cameras operated illegally by a private company.

The National Prosecuting Authority said the application of Traffic Management Technology by Mpumalanga for speed enforcement was illegal.

The announcement places the province in a predicament since the provincial traffic department cannot prove that cameras were manned by a traffic officer.

This could lead to claims worth thousands of rand in refunds.

The directive by Deputy Director of Public Prosecutions George Baloyi followed complaints by motorists who were fined by the Cape Town-based company that has been operating speed cameras since 2008.

Motorists claimed that TMT did not have qualified traffic officers.

Baloyi ordered John Nkuna, general manager of traffic management in Mpumalanga, to stop the unmanned cameras. TMT's contract ends next year.

In a letter seen by Sowetan, Baloyi said "only qualified and duly appointed local authority officials shall undertake the tasks of managing speed cameras, and that the local authority shall not allow private sector individuals to undertake these functions".

He said in terms of the Road Traffic Act "mobile or manually operated speed enforcement cameras or any mobile traffic enforcement system shall only be operated by a qualified and duly appointed traffic officer".

Baloyi said while his office in fact gave the province authority to perform speed law enforcement by camera, it was never contemplated that a traffic officer would leave the camera under the care of a guard.

Baloyi gave the province one month to implement the system correctly, and has indicated that the current authorisation to conduct speed enforcement by camera would not be renewed if the above practice persist.

Joseph Mabuza, spokesperson for the Mpumalanga roads and transport department, confirmed receipt of the instruction.

"The department had the contract with TMT to administer summonses on traffic violations and not law enforcement," Mabuza said.

"The cameras are set up by qualified traffic officers and officials from TMT were used to safeguard the equipment due to fear of theft and vandalism."

Anthony Benadie, leader of the DA in the province, said: "We call on Roads and Transport MEC Vusi Shongwe to establish a mechanism whereby members of the public can lodge complaints or queries in this regard."

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