JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – Following an email sent by Justice Project SA National Chairman to SANRAL board members with respect to the roadblocks which took place on Sunday 22 January 2012, audit firm Deloitte and Touche has been commissioned to conduct an “independent forensic investigation” into the claims. This after SANRAL announced on its website and in releases to the media on 30 January 2012 “The South African National Roads Agency SOC Limited (SANRAL) would like to unequivocally state that no staff from either SANRAL or its toll operator, ETC, have conducted any roadblocks as described in the emails and social network postings that allege this.” (Original release available here) The investigation was commissioned on Tuesday 7 February 2012 and Howard Dembovsky met with investigator, Advocate Tommy Prins (SC) on Friday 10 February to give him a background as to what happened on 22 January. “Due to the fears of reprisal expressed by people who were stopped in these roadblocks, we are unable to provide SANRAL or Deloitte with the names and contact details of these people, but I can assure you that they are very real people, with very real fears” said Dembovsky. Since then, it has been noted that no announcement has been made by SANRAL or Deloitte with respect to this investigation. In fact, the latest release in the chronological list of press releases on the SANRAL website is that of 30 January 2012 stating “SANRAL: Zero truth in latest e-toll roadblock hoax.” In the interests of providing the investigator at Deloitte with as much information as is possible to enable him to conduct this investigation, JPSA would like to call on anyone who was stopped at the roadblock on the Linksfield Road onramp to the N3 South – or at any other place and told that they must register for eTolling or face a hefty fine to either contact the investigator or JPSA. The “buzz” around this roadblock that took place on Twitter on Sunday 22 January 2012 originated from a number of tweets received by @PigSpotter, who subsequently contacted JPSA and went out to take photographs of the roadblock. These photographs were taken just as the roadblock was packing up. There is currently no legislation in force that compels anyone to purchase an eTag or register with SANRAL for eTolling under the Open Road Tolling (ORT) and the Gauteng eTolling project has, according to multiple media reports, been suspended until further notice. The following individuals may be contacted if members of the public have any information: Deloitte & Touche
JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – It was with surprise that JPSA and the Automobile Association of South Africa read an article which appeared in the Beeld Newspaper of Tuesday 1 February 2012 entitled “Dok op of gaan na hof” (cough up or go to court), referring to the service of AARTO infringement notices sent by ordinary mail by the JMPD. We have subsequently obtained the additional letters referred to in this article and they have reference. As has been widely reported, JPSA laid an official complaint with the office of the Public Protector in Pretoria (complaint reference: 40832/11) in June 2011, after numerous attempts to address the matter through the JMPD, RTMC and RTIA failed, despite the then acting Registrar of the RTIA repeatedly stating in the media, in radio interviews and in writing that the service of AARTO 03 infringement notices by ordinary mail was NOT lawful. On 11 January 2011, the then Acting and now fully appointed Registrar of the Road Traffic Infringement Agency (RTIA), Mr Japh Chuwe wrote to the JMPD “requesting” that they cease sending out infringement notices by ordinary mail in contravention of Section 30(1) of the AARTO Amendment Act. This “request” was summarily ignored – as happens when requests are made. In the same letter, Mr Japh Chuwe also instructed as follows: “You are furthermore advised that in cases where representation applications are received in respect of infringement notices served by ordinary mail, those infringement notices must be withdrawn and such representations made successful. In relation to those infringement notices referring to juristic persons, the owners of those vehicles in question cannot be requested to identify or nominate drivers as the initial notices were not properly served as prescribed by the Act.” In his letter to van der Westhuizen Attorneys dated 31 January 2012, Mr Chuwe stated “My letter as referenced by you to the Chief of the JMPD dated 11 January 2011 was and is not intended for public consumption…” and “…the individual infringers de facto received the relevant infringement notices albeit through ordinary mail (caused to be served) and through representations made by them as provided for in the Act, acknowledged receipt thereof and are therefore liable.” These statements openly display the fact that Mr Chuwe has acknowledged that he was the author of the letter to the JMPD – which he further intended to keep secret, as well as proving beyond any reasonable doubt that he has actively engaged in an act of entrapment by repeatedly and publicly stating that alleged infringers may “make representation on an AARTO 08 form if they receive infringement notices by ordinary mail.” This “advice” was also offered by him in writing in September 2010 in his response letter to JPSA’s complaint! It therefore appears that Mr Chuwe has now made a complete turn-around on what he has previously said and put in writing, including but not limited to his letter to JPSA and subsequent letter to the JMPD; seemingly in active support and defence of the unlawfulness of the JMPD’s patently obvious unlawful actions. Both the AA and JPSA view his latest action as patently dishonest and contrary to his mandate to ensure that AARTO is applied in a fair and equitable manner and JPSA hereby calls for his immediate sanction for engaging in such blatantly dishonourable practices. JPSA has furthermore been informed that the meeting that was scheduled to take place between the Public Protector and the JMPD, RTMC and RTIA on Friday 27 January 2012 was summarily cancelled by the City of Johannesburg on Thursday 26 January and that a commitment to respond in writing by Monday 6 February was made. Whilst JPSA understands that the office of the Public Protector has to remain reasonable in accepting “alternative offers” by the respondents in this matter with respect to meeting dates etc., and we are not in the least bit surprised that the JMPD has shown gross disrespect for the seriousness of this matter by cancelling a meeting a mere 24 hours before it was scheduled to take place – when this meeting was scheduled nearly two weeks prior to that date; we believe that this action simply goes to further display the total lack of respect that the JMPD has for anyone or anything other than themselves. Over the past week and a half, JPSA has been inundated with queries from members of the public who, after previously receiving successful results on representations citing Section 30(1) of the AARTO Amendment Act have now received AARTO 09 results rejecting their representation and advising them to elect to be tried in court. As stated in our release of Friday 20 January 2012, entitled “JMPD – ISSUER, JUDGE, JURY & EXECUTIONER”, JPSA was aware that this would probably happen due to an instruction given by Director Gerrie Gerneke in late December 2011. JPSA and the AA wish to advise motorists who receive such responses to exercise their legal right to subsequently elect to be tried in court and not to succumb to this blatant attempt to defeat the ends of administrative justice, which is clearly designed to get them to pay unlawfully served AARTO 03 infringement notices. We sincerely doubt that any Public Prosecutor would risk rebuke by a Magistrate by placing any such matter on the court role when they are well aware that a Magistrate will have to act within the framework of the law and find in the favour of the alleged infringer, or risk judicial review. It is also doubtful whether it would ever come to the alleged infringer even being issued and served with a summons to appear in court prior to the Public Protector making a final finding on this matter, given the fact that our complaint is now more than seven months old and we remain hopeful that the Public Protector will wrap this matter up without further undue delay. JPSA, the AA and multiple other parties have continuously and repeatedly warned of the dangers of allowing an issuing authority to be issuer, judge, jury and executioner by appointing and employing adjudication officers under AARTO, especially in light of the fact that adjudication is supposed to be a fair and unbiased function of Administrative Justice, just as it would be in a conventional court. It is now obvious that this travesty of justice has been extended to the JMPD additionally replacing parliament in making up its own provisions of legislation – now in full support and cooperation by the RTIA conspiring with them to justify their action. The following individuals may be contacted for further information and further comment: Collateral available by downloading this zip file (860KB).
JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – Following the complaint lodged with the Public Protector on 16 June 2011 by JPSA and the ongoing saga surrounding the JMPD’s unlawful issue of AARTO 03 infringement notices since 1 June 2010, it has recently come to light that a new tactic is being employed by the JMPD to get people to pay unlawful fines. On 11 January 2011, the then Acting and now fully appointed Registrar of the Road Traffic Infringement Agency (RTIA), Mr Japh Chuwe wrote to the JMPD “requesting” that they cease sending out infringement notices by ordinary mail in contravention of Section 30(1) of the AARTO Amendment Act. This “request” was summarily ignored – as happens when requests are made. In the same letter, Mr Japh Chuwe also instructed as follows: “You are furthermore advised that in cases where representation applications are received in respect of infringement notices served by ordinary mail, those infringement notices must be withdrawn and such representations made successful. In relation to those infringement notices referring to juristic persons, the owners of those vehicles in question cannot be requested to identify or nominate drivers as the initial notices were not properly served as prescribed by the Act.” It has emerged that not only has the JMPD defied the “request” to cease acting unlawfully with respect to service, but that the AARTO Representations office at the JMPD’s offices in Village Road, Selby is turning people away and telling them that they must either pay these fines or elect to be tried in court. This is a gross violation of not only the AARTO Act, but also of the Promotion of Administrative Justice Act and the Constitution as the JMPD is now denying people access to administrative justice. We were informed that this practice was ordered by Director Gerneke in late December 2011, but were unable to verify its implementation until Wednesday 18 January, when JPSA’s National Secretary was subjected to this treatment. She stood her ground and insisted that they take the representation forms she was submitting – neither of which related to her – and JPSA would like to encourage all members of the public to do the same as the JMPD has no right or legal standing to refuse to accept AARTO 08 representation forms. If they subsequently defy the instruction of the Registrar of the RTIA and reject such representations, the JMPD will furthermore be guilty of disobeying a lawful instruction. A further complaint has been lodged with the Public Protector by JPSA in this regard and we are informed that the Public Protector is scheduled to meet with the JMPD and the RTIA/RTMC on Friday 27 January 2012. JPSA has continuously and repeatedly warned of the dangers of having an issuing authority being allowed to be issuer, judge, jury and executioner by appointing and employing adjudication officers under AARTO, especially in light of the fact that adjudication is supposed to be a fair and unbiased function of Administrative Justice just as it would be in a conventional court. JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – JPSA would like to confirm that as at Tuesday 3 January 2012, no response has been received to our Memorandum and Petition with respect to bringing a halt to “blue light brigades” which was hand delivered to the National Department of Transport on 1 December 2011 and gave the Minister until 31 December 2011 to act. As a result of his inaction a letter has been drafted and delivered to the World Health Organisation at the United Nations in line with what was stated in our Memorandum. Other avenues will also be pursued in due course. Prior to delivery of the letter taking place, we once again checked our post box to make certain that no response had been received. No other form of contact has been made either. Whilst we are not surprised that the Minister has chosen to ignore the petition which was signed by 46,646 people, we are nonetheless disappointed that our Minister of Transport has seen fit to do so, given the fact that this petition came about as a result of the crashing into and serious injury of Thomas Ferreira, on 5 November 2011 and whom is still in a semi-comatose state in a rehabilitation centre. The crash was allegedly caused by the driver of the Housing MEC for Gauteng’s driver proceeding through a red traffic light at speed, after switching on little more than a blue flashing light in his unmarked BMW X5 SUV. To date, we have not heard of any criminal charges having been brought against Mr Semietsi Joseph Modomai, although we have heard that statements have been taken from witnesses to the crash. By not so much as responding in any way whatsoever, the Minister has overtly shown his contempt for our organisation, 46,646 people and the safety of road users of this country. It is also notable that neither he, nor any other person from the National Department of Transport has so much as taken a minute to offer any sympathies to the Ferreira family or so much as mentioned this incident for that matter. To date, no financial assistance has been forthcoming to the Ferreira family with respect to Thomas’ medical bills (shortfalls) as was promised by Gauteng Premier Nomvula Mokonyane. The spokesperson for MEC Humphrey Mmemezi’s office has told the media that their office will be meeting with the Ferreira Family “in the New Year”. As a result, a trust fund was formed in December 2011 in order to assist the family with the medical shortfalls. The details of that trust account are as follows: Thomas Ferreira Relief Trust JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – JPSA welcomes the announcement by the National Department of Transport that a permanent CEO is to be appointed to the Road Traffic Management Corporation (RTMC) soon. Collins Letsoalo has occupied the post of Acting CEO for almost two years now and under his tenure, the rollout of the AARTO Act has all but completely stalled and a number of questionable practices have been the order of the day. The promised AARTO summit has not come to fruition, despite having been announced in June 2011 and it is highly unlikely that AARTO will be rolled out prior to the end of the current financial year as repeatedly announced by the Department of Transport and the RTMC. It is our hope that the process of appointing a permanent CEO for the Corporation will follow all laid down procedures and sound business principals for appointing a person to a post as important as CEO and that this time; a suitably qualified and vetted leader will be appointed since the RTMC has had more than its fair share of unqualified dictators. It is with interest that JPSA notes that the National Department of Transport has announced that the termination of the employment of former CEO, Ranthoko Rakgoale has now been concluded and that the details of the “settlement” reached between him and the DoT will remain a secret. Whilst we understand that his removal from the Corporation had the potential to embarrass many of the so-called stake holders committee of the RTMC, it is notable that transparency is not a priority with respect to the operations of the RTMC and DoT. JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – It has come to our attention that Director Gerrie Gerneke of the Johannesburg Metropolitan Police Department has made a number of unsubstantiated statements which are materially and factually incorrect. In short, he is being economical with the truth in his statements to the media. He has furthermore levelled wild allegations at this organisation and at me in my personal capacity stating that we/I have “ulterior motives”. JPSA is an organization that represents the rights of individuals and groups. Another of our mandates is to educate the public and make them aware of their fundamental rights and responsibilities as enshrined in our constitution and other pieces of legislation and regulations. Because we do what we are mandated to do, Director Gerneke concludes our actions have ulterior motives. Whatever conclusions Mr Gerneke wishes to reach, we will continue to fearlessly represent our constituency, educate them and make them aware of the illegal activities of any law enforcement agency including the JMPD, should they choose to engage in such activities and we will not succumb to blatant attempts to discredit or intimidate us. We point out that the AARTO Act and Regulations are very clear with respect to how infringement notices under the Act must and shall be served. The legislature was very clear in what its intention was with regard to how notices must be served on alleged infringers and did not suggest that anyone should be allowed to subject the legislation to their own interpretation. Section 30(1) of the AARTO Amendment Act (Act 22 of 1999) clearly states the following: Furthermore, Regulation 3(1) (b) of the AARTO Regulations explicitly states that an AARTO 03 infringement notice must be served by registered mail in that it states: “An infringement notice contemplated in section 17(1) of the Act shall be issued and served or caused to be served to the infringer by registered mail, on a form similar to form AARTO 03 as shown in Schedule 1, within 40 days of the commission of the infringement.” There is nothing in the Act or Regulations that permits Director Gerneke or the JMPD to interpret the said Act or Regulations in any manner that suits them. Equally there is no provision in the Act or regulations that exempts Director Gerneke from implementing any of the provisions in terms of the legislature’s intention. Director Gerneke’s assumptions that he can violate the Act and regulations with impunity are too horrible to contemplate; because if he is allowed to do so then he is both the legislature and the implementing agency. He is also reminded that the JMPD is not a “local authority” in terms of the AARTO Act; it is an issuing authority. The purpose of our press briefing held on Tuesday 20 December 2011 and the media release that accompanied it regarding this issue was to highlight the fact that the JMPD has continuously been sending out infringement notices by ordinary as opposed to registered mail as is required by the Act. This is an issue that we revealed over 18 months ago and we will continue to remind the law abiding public of their rights whether the JMPD likes it or not. Its purpose was furthermore to reveal the fact that the then Acting and now fully appointed Registrar of the Road Traffic Infringement Agency, Mr Japh Chuwe not only agrees with everything that I and JPSA have been saying about the unlawful service of AARTO infringement notices by the JMPD, but issued an instruction (request) that the JMPD complies with the prescripts of the Act as far back as January 2011 and that the JMPD has ignored this. Director Gerneke and Chief Ngcobo have disregarded a lawful instruction issued by the very top level of the AARTO structure as well as disregarding legislation and in doing so have acted in a highly unprofessional, insubordinate and illegal manner. The fact that they have continued to do so for 11 months after being requested to cease doing so is an indisputable indictment of their unparalleled arrogance, extortionist tendencies and readiness to violate the law. Furthermore, despite the fact that the matter is in the hands of the Public Protector, who will be the authority that makes a determination on the matter; Acting CEO of the RTMC, Mr Collins Letsoalo has chosen to come out in defence of the JMPD and offer his own legal determination to the effect that the actions of the JMPD are “irregular” and not “unlawful” ahead of that office’s findings. I and JPSA have repeatedly and consistently maintained the standpoint that the JMPD is acting unlawfully and we have done so in the interests of the public and the proper application of the law, so Director Gerneke is correct when he says we have been “singing the same tune” for a long time now. Gerneke states that “notice was therefore given through ordinary mail in the interest of law enforcement”, but fails to acknowledge that law enforcement must be practiced in accordance with the law. Had he and the JMPD have simply stuck to the provisions of the Act they would have acted lawfully. Mr Gerneke then goes on to say “It is with some regret … that some organisations and individuals have now seized upon this opportunity to confuse and distort the issues for ulterior motives” and I invite him to define his statements clearly. Director Gerneke is also accusing the South African Post Office of inefficiencies with respect to their Secure Mail service. He must explain the basis of this accusation as well. One has to ask if it is his contention that the SAPO cannot be relied upon to provide a secure mail delivery service, then why is it that it is used by other major institutions, like banks, law firms, etc.? I invite members of the media to go to the source and contact the following individuals for clarification on the lawfulness of the JMPD’s actions: Mr Japh Chuwe – Registrar of the RTIA – japhc@rtia.co.za – Cell phone (071) 680 3447 MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – More than eighteen months after the JMPD started sending out AARTO 03 infringement notices by standard permit mail in direct violation of Section 30(1) of the AARTO Amendment Act, 1999 (on 1 June 2010), it has emerged that the Acting Registrar of the Road Traffic Infringement Agency (RTIA), Mr Japh Chuwe wrote to JMPD Chief, Chris Ngcobo copying Director Gerrie Gerneke, requesting them to cease this practice on 11 January 2011. The letter was also copied to the Acting CEO of the RTMC, Mr Collins Letsoalo. This release has a large amount of information attached to it and has been published here. JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – Justice Project South Africa (JPSA) wishes to extend its heartfelt and sincere best wishes to the family of 18 year old Thomas Ferreira who was senselessly and unlawfully critically injured by the driver of the unmarked BMW X5, allegedly transporting Gauteng Housing MEC, Humphrey Mmemezi this past weekend. It has been noted that whilst the MEC for Gauteng Province, Nomvula Mokonyane has indeed commented on this matter, the Minister of Transport, Sibusiso Ndebele has not done so despite the fact that he was in Johannesburg for the launch of the Imperial “I Pledge” initiative yesterday where he spoke of the unacceptably high road death statistics in South Africa. The use of blue flashing lights (and sirens) is governed by the National Road Traffic Act and definitively does not so much as suggest that any person using them is granted permission to disregard the safety of other motorists. It furthermore says that these may only be used by law enforcement authorities in reacting to emergencies. Whilst there is no definition of the word “emergency” in the National Road Traffic Act, the dictionary and reasonable definition of this word applies and whilst meetings may certainly sometimes be defined as “urgent”, it is extremely unusual for one to constitute an emergency as is being suggested by some people. The proliferation of the use of blue lights (and sometimes sirens), coupled with the extremely aggressive and reckless driving habits of so called “blue light brigades” have not only raised public anger but has on several occasions led to serious crashes and injuries of “ordinary motorists” and cannot be tolerated any longer. To this end, JPSA has for the first time in its history, authored a petition to bring about the banning of the use of blue lights in all vehicles other than marked police and traffic authority emergency and enforcement vehicles. This petition is accessible by visiting this site. It is our intention to present this petition to the Minister of Transport by no later than 1 December 2011, for action by no later than 31 December 2011 and therefore; this petition will only be available until 30 November 2011. Those who wish to lend their support to this petition are therefore urged to act promptly. With respect to the MEC’s driver, we sincerely hope that equal standards will be applied to his act as is applied to “ordinary citizens” and that he will be charged with and prosecuted for attempted murder as has become fashionable. He cannot reasonably claim that he could not have foreseen that proceeding through a red traffic light could not have led to the injury or death of another motorist. JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – Justice Project South Africa (JPSA) was horrified to learn this morning that the JMPD failed to have blood samples taken from Sibusiso Langa, the accused in the Midrand tragedy that took the lives of 5 “joggers” within the prescribed two hours. Ref here. Jurisdiction has absolutely nothing to do with it, given that SAPS have jurisdiction over the entire nation of South Africa and cases can be transferred between stations if necessary. That is simply an excuse that is not going to wash! Immediately on learning about the crash on Saturday 22 October 2011, JPSA contacted Superintendent Edna Mamonyane of the JMPD and offered to pay for the blood samples taken from the accused in this case to be analysed by a private laboratory, so as to expedite the matter and bring it to a swift conclusion. We were never taken up on that offer and now we know why. We can only hope that the rest of the investigation was done properly and that a competent and suitably qualified forensic crash investigator was called in to investigate the crash. At the time of the crash, JPSA also secured the services of IBF Investigations crash investigator, Stan Bezuidenhout, who has over 30 years’ experience in forensic crash investigation – also for free, but did not manage to offer this to the JMPD due to their ignoring our requests for cooperation on the blood tests issue. At the time of making these offers and soliciting these services, JPSA urged that the accused be charged with the appropriate crimes of driving under the influence of alcohol, reckless or negligent driving and five counts of culpable homicide, but that plea was overridden by the Minister of Transport calling for charges of murder to be brought and the NPA obliged. A motorist convicted of driving under the influence of alcohol can be imprisoned for up to 6 years (on a first offence), 6 years for reckless or negligent driving and 3 years per count of culpable homicide. That comes to 27 years and would send the right message if it were to be imposed. Driving under the influence of intoxicating substances is the Number 1 killer on our roads and JPSA has recently put a comprehensive proposal to a number of stakeholders to tackle this scourge effectively. People need to come to the realisation that driving under the influence of intoxicating substances has dire consequences and cannot and will not be tolerated any longer. However, this problem must be effectively tackled before people are killed and/or injured as prevention is better than cure – always! JPSA again extends its sincere condolences to the families of those affected by this horrific incident. JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – Justice Project South Africa (JPSA) has reacted with utter dismay and horror at the announcement that Transport Minister Sibusiso Ndebele has instructed SANRAL to halt all work on Toll Roads. To use your words, Mister Minister, we are “shocked” at your lack of foresight! In a statement released by the Department of Transport on Sunday 23 October, it was stated that “The Minister of Transport Mr Sibusiso Ndebele has instructed the South African National Roads Agency Limited (SANRAL) to halt all road projects processes related to the tolling of national roads.” The release goes on to say “He says while the first phase of the Gauteng Freeway Improvement Plan has delivered good road infrastructure, it was an expensive exercise that has drawn sharp views from the public.” Nonsense! The first phase of the Gauteng Freeway Improvement Plan has NOT been completed yet, unless the first phase only included the N1 and R21 freeways! The N12/N3 freeways in Johannesburg are in such a shocking, demolished state of dilapidation that they constantly cause crashes and daily gridlock traffic and calling a halt to their reinstatement as usable freeways is little short of insanity on the part of the Minister. There is a VAST difference between calling a halt to planned tolling and calling a halt to the construction of roads which have been demolished by SANRAL and its contractors and the state of the Johannesburg roads currently under construction can only be described as treacherous. One of the most prevalent factors in road fatalities is poor engineering and if the Minister thinks that he can punish motorists for being angry with his and SANRAL’s intent to profit from tolling freeways, then he is not only childish, but is displaying the traits of a dictator. The answer to implementing and maintaining roads infrastructure in South Africa lies in coming up with workable solutions that benefit the public and from spending monies collected from existing taxation and possibly even reasonable tolling on roads infrastructure – not looking to make SANRAL and foreign companies stinking rich. Don’t try and make the public think that you are sympathetic to their plight of lack of affordability Mr Minister when it was you who previously said “if you don’t like it, catch a taxi.” Do you really think that we all have such short memories as to forget you said that? There is nothing wrong with saying “Minister Ndebele says all these processes, including a consultative processes initiated by the Gauteng Provincial Legislature, should be allowed to reach their logical conclusions to ensure that all parties concerned and their respective views are brought on board” but blackmailing motorists by leaving current road construction projects unfinished is completely unacceptable. This announcement and instruction should be immediately retracted and/or clarified, the currently dilapidated roads finished; or at least reinstated to a condition that can be defined as freeways and some semblance of order restored to our roads. The matter of tolls can be properly discussed and resolved when these roads are sorted out. Failing this, Minister Ndebele and SANRAL are lining themselves up for litigation and possibly even criminal charges for destroying what roads were in place. On a final note, JPSA again notes that important announcements are being made by the Department of Transport on a Sunday when few journalists are on duty. We have to question why this tactic is being adopted more and more often by the Department of Transport. Full transcript of DoT media release follows: Issued by: Ministry of Transport Attention: News Editors For immediate release: 23 October 2011 TRANSPORT MINISTER ORDERS A HALT TO TOLL ROAD PROJECTS The Minister of Transport Mr Sibusiso Ndebele has instructed the South African National Roads Agency Limited (SANRAL) to halt all road projects processes related to the tolling of national roads. The Minister is of the view that consultative processes should be allowed to take place to offer concerned parties an opportunity to share their views on the toll road programme. While he believes that the country requires good road infrastructure to meet its economic growth targets, the Minister says this shouldn't put a huge financial burden on the shoulders of consumers. He says while the first phase of the Gauteng Freeway Improvement Plan has delivered good road infrastructure, it was an expensive exercise that has drawn sharp views from the public. "All spheres of government should be part of a consultative process with all affected parties, consumers in the main. Good infrastructure is a necessity for a better future for our country, but this requirement must not leave our people even poorer," says Minister Ndebele. Cabinet recently appointed a Task Team that includes Minister Ndebele and the Minister of Finance to look into the issue of toll roads. Minister Ndebele says all these processes, including a consultative processes initiated by the Gauteng Provincial Legislature, should be allowed to reach their logical conclusions to ensure that all parties concerned and their respective views are brought on board. Issued by Ministry of Transport. Forum Building. Cnr Schoeman and Struben St. Pretoria. For more information please contact Tiyani Rikhotso on 083 800 9936 JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – Justice Project South Africa (JPSA) wishes to extend its heartfelt and sincere condolences to the families of the 5 joggers killed by an allegedly drunk driver in Midrand this morning. We have been in contact with Superintendent Edna Mamonyane of the JMPD as well as the National Director of Public Prosecutions, Mr Menzi Simelane from the NPA and we have offered to pay for the blood samples taken from the accused in this case to be analysed by a private laboratory so as to expedite the matter and bring it to a swift conclusion. We have also urged that the accused be charged with the appropriate charges of driving under the influence of alcohol as well as the alternate charges applicable to drink driving and with 5 counts of culpable homicide so as to increase the chances of successful prosecution resulting in as swift a manner as possible. If the proper procedures have been followed in this instance, there is no reason why this cannot be achieved. Whilst it has become fashionable to try to create sensation by charging people accused of similar crimes with murder, we feel that the State is being forced into an unenviable predicament of trying to prove intent of murder and this is neither necessary nor productive as it wastes valuable time and has not as yet yielded the desired results in similar cases. In fact, all it has done is to have delayed justice and wasted valuable court time. A motorist convicted of driving under the influence of alcohol can be imprisoned for up to 6 years (on a first offence) on the drink driving charge and 3 years per count of culpable homicide and JPSA will be pushing for the maximum sentence to be imposed in this instance. Driving under the influence of intoxicating substances is the Number 1 killer on our roads and JPSA has recently put a comprehensive proposal to a number of stakeholders to tackle this scourge effectively. People need to come to the realisation that driving under the influence of intoxicating substances has dire consequences and cannot and will not be tolerated any longer. -ENDS- JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – It is with interest and not a small amount of bewilderment that JPSA has learned that SANTACO president Jabulani Mthembu has stated in public that his organisation supports the call by transport Minister Sibusiso Ndebele to lower the speed limits on national freeways from 120km/h to 100km/h. (http://www.timeslive.co.za/local/2011/09/23/taxi-drivers-endorse-low-speed-limit). What is most surprising about his apparent attempt to suck up to the Minister is that he seems to be blissfully ignorant of the fact that a speed limit of 100km/h on national freeways already applies to ALL of his members’ vehicles as well as busses! Every single day we hear about another fatal minibus taxi crash and every single day other road users; including pedestrians and minibus taxi passengers themselves have to contend with taxi drivers breaking almost every traffic law that exists. Only today, another 16 school children have been injured (some seriously) in yet another minibus taxi crash in Kwa-Zulu Natal. What is almost more surprising to learn that KwaZulu-Natal Transport MEC Willies Mchunu seems to also be equally oblivious as his colleagues are that the speed limit with respect to that class of vehicle (minibus taxis) already exists when he similarly supports these calls for a reduction in speed limits and says “every week we have been losing more than 10 lives in one accident.” Whilst it has become customary for people to not practice what they preach, Mr Mthembu’s efforts would be way better spent getting his members to comply with the basics of existing laws rather than coming forward with hypocritical statements about other motorists who are subjected to the grossly delinquent and homicidal behaviour of his members and others in the minibus taxi industry. Surely all of these people are not ignorant enough to think that reducing the speed limit applicable light motor vehicles on national freeways is going to make any difference to the compliance of minibus taxis with speed limits and traffic laws. Then again, apparently they are. Don’t fool yourself, ignorance and reckless driving kills! JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – Justice Project South Africa (JPSA) was mildly surprised to hear that transport Minister Sibusiso Ndebele is now seeking to reduce the general speed limit applicable on freeways from 120km/h to 100km/h, once again quoting what has been the case in Australia as an example of how road deaths can be reduced. He cites the fact that “studies conducted in other countries such as Australia where the speed limit is 110km/h indicate that a reduction in speed limit can save lives” but he seems to continually either miss or circumvent the obvious. Whilst speed may indeed contribute to the severity of a collision, it is very rarely the root cause of collisions and one has to take into account that two vehicles travelling at just 60km/k each, which then crash into one and other head-on will have a devastating outcome. Head on collisions – of which there have been many in the last two months are almost always resultant from one or more parties committing one or more moving violations prior to the collision occurring. Similarly, it has been repeatedly stated by the Department of Transport, the RTMC and countless others that collisions are almost always preceded by the commission of a moving violations, yet for some obscure reason, law enforcement authorities insist on focussing almost exclusively on camera based speed prosecution instead of concentrating on truly dangerous moving violations like overtaking on no-overtaking lines, blind rises etc., not stopping at stop streets and red lights, not observing safe following distances, etc. It has also been revealed that somewhere in the order of 45% of all people who die on our roads annually are under the influence of alcohol. Yet, the focus on highly ineffective camera enforcement remains the primary focus of traffic law enforcement agencies and in some agencies, this figure is as high as 99%. In Johannesburg alone, this equates to around 430,000 fines a month – each and every month and this figure is not reducing. The Minister was quoted as saying “There are increasing calls and signs that something drastic needs to be done to arrest the current situation," and we could not agree with him more. However JPSA holds that the “something” that needs to be done is for the 17,000 odd traffic officers in this country, their bosses and the Minister himself to start taking the role of traffic law enforcement seriously. It is no good running around bringing new legislation – and adjustments to current legislation before cabinet when current laws are not being enforced properly. So what if the Minister gets his ill thought-out scheme of reducing the current general speed limit of 120km/h on national freeways reduced to 100km/h if all this will mean is that even more cameras will explode onto the scene to earn traffic authorities more revenue? If speed enforcement does not revert to stopping speedsters at the time of their infringement, then reducing the speed limit will have absolutely no effect on the incidences of speeding. The Minister also needs to start to grasp the concept that “you cannot reduce road deaths by decree, Mr Minister!” Continually comparing Australia and other countries which have highly professional and effective law enforcement agencies in place to South Africa is not only nonsensical, but acutely highlights the total lack of understanding the Minister has of his own country and what is giving rise to the problems we have. The only similarities between South Africa and Australia is that we are both in the Southern hemisphere and drive on the left hand side of the road. Urgent attention must be given to the traffic authorities in South Africa taking their mandate seriously and starting to do things properly. If for example, traffic authorities were to purely focus on enforcing wearing seat belts, as is required by long pre-existing legislation, then there would be an immediate effect on the number of lives that are saved in collisions. But a holistic and very serious adjustment in the way in which traffic law is enforced in this country has to be made if anyone wants to see any results whatsoever. The Minister also needs to bear in mind that camera enforcement will never catch the truly dangerous motorists on our roads who choose to emulate the actions of such people as Deputy Chief of the TMPD Ndumiso Jaca, and place counterfeit number plates on their vehicles! They will simply continue to speed with impunity. It is also noted that the Minister has taken no action whatsoever in that matter and has merely mentioned it in passing in one of his speeches. JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – Justice Project South Africa (JPSA) hereby confirms that its National Chairman, Howard Dembovsky has laid formal criminal charges against Deputy Chief of the Tshwane Metropolitan Police Department, Mr Ndumiso Jaca for violating Section 68 of the National Road Traffic Act. The charges were laid at the Alberton SAPS station on Friday 16 September 2011 and a docket with the reference CAS 413/9/2011 was registered on the same day. It is expected that the docket will be forwarded to SAPS Pretoria for action. The charges that have been brought are in terms of Section 68(1) and 68(2)(b) of the National Road Traffic Act, 1996 and are of similar severity as drunk driving, “reckless or negligent driving” and fraud. They are not a simple traffic fine issue as some seem to believe. This has resulted from the revelation on Monday 12 September 2011 that Deputy Chief Jaca had affixed to two distinctly different motor vehicles with what were at the time false number plates reading “BALTY GP”. One plate was affixed to a Harley Davidson V-Rod motorcycle that is registered in the name of the president of the Sopranos Biker Club, Mr Moraka Ephraim Mokoka and the others were fitted to a BMW Z4 coupe which was both unroadworthy and unregistered as of Monday 12 September 2011. In addition, the BMW Z4 has (or had at that time) blue flashing lights fitted inside its windscreen and it has allegedly been observed on several occasions driving in the emergency lane on the Mabopane highway with them flashing. On Monday 12 September, a formal complaint by JPSA was drafted and sent to National Traffic Police Chief, David Tembe, CEO of the RTMC, Collins Letsoalo, Senior Executive Manager of the RTMC, Ashref Ismail, Acting Registrar of the RTIA, Japh Chuwe and Advocate Poopedi of the ICD. The complaint was also copied to spokesman for the Minister and Department of Transport, Logan Maistry as well as to Captain Mbada at SAPS Gauteng Commander, General Petros’ office. The results of this complaint have been that the ICD confirmed an investigation into corruption had been launched against Mr Jaca and that a complaint was lodged with the Tshwane Metropolitan Police Internal Affairs Department by one of David Tembe’s staff on his instruction as Chief of the National Traffic Police. Ashref Ismail of the RTMC stated on radio that no criminal charges had been laid because the vehicles were on private property at the time that the photographs were taken. Additionally, the Mayor of Tshwane has launched an “administrative enquiry” into the matter and has extended Mr Jaca two weeks to respond to the matter. It is vitally important to understand that the National Road Traffic Act has no requirement for proof to be furnished that a vehicle fitted with counterfeit plates has been operated on a public road and that it additionally defines the mere manufacture and/or possession of such plates a criminal offence. Until Friday 16 September 2011, no criminal matter had been brought against Mr Jaca and it was clear that none would be forthcoming unless JPSA did so, since there is clear cronyism being practiced in this matter. Any civilian accused of a similar crime would have been summarily arrested and charged immediately when the matter arose, but clearly Mr Jaca is considered to be an untouchable who is additionally thought to be above the law due to his position. Since the emergence of this matter, Mr Jaca has been very busy indeed during the course of last week, having roadworthied, registered and licenced the vehicle which he bought in May 2008 after it was written off and deregistered on 3 March 2008. Below are the indisputable facts on this matter:
It would appear that Mr Jaca, whose biker nickname is "Balty" is under the impression that by now having registered the vehicle and his previously false number plate, all will be forgiven and he will no longer be deemed as to have committed a crime. If only it were that simple, there can be no doubt that scores of other criminals would simply undo their crimes by complying with the law after they have been caught breaking it. It must be noted that the laying of these criminal charges has nothing whatsoever to do with any personal vendettas against Mr Jaca and I don’t even know him, nor do I have any personal issues at all with him. It is not however in the interests of justice and equality under the framework of South Africa’s laws to knowingly allow any person to commit a crime and not report it since that in itself is also a crime. What's right is right and what's wrong is wrong - simple. Furthermore, no ordinary citizen would have been afforded the leniency and preparedness to turn a blind eye to any crimes they have committed which Mr Jaca has been afforded by the various authorities concerned. Doing so is not justice; it is a gross injustice on the part of all concerned and sends an entirely inappropriate message to all South Africans. Contacts:
Please note that personal particulars and detailed information relating to the legal registration of this plate and vehicle have been partially obscured from these images to protect Mr Jaca’s privacy and prevent criminal activity by those who clone vehicles etc. JPSA MEDIA STATEMENT - FOR IMMEDIATE RELEASE
JOHANNESBURG – Justice Project South Africa (JPSA) has called for a charge of attempted murder to be brought against the homicidal minibus taxi driver who hit and dragged a female pedestrian some 700 metres in Lonehill Boulevard this morning. When a distressed caller called Talk Radio 702 at around 06:30 this morning, JPSA immediately contacted National Traffic Police Chief David Tembe and JMPD Operations Director Joyce Maribe who both immediately dispatched units to Lonehill. Concerned motorists chased the taxi and passengers apparently continually screamed at the driver to stop. Eventually the taxi came to a halt outside the Lonehill Fire Station where EMS staff tended to her injuries and transported her to hospital in a critical condition. It has since emerged that the taxi driver was involved in a hit and run prior to hitting and dragging the pedestrian. SAPS have taken the taxi driver into custody and say they will charge him with reckless or negligent driving. However if there has ever been a valid argument for bringing a charge of attempted murder, this is it and the State will have no problem in proving this charge, given the high volume of witnesses both in and outside of the taxi. The secondary charge of reckless or negligent driving can also be brought but is our (and the authorities) opinion that the main charge should be attempted murder, provided that the victim survives. “The matter has been discussed between JPSA, David Tembe and Joyce Maribe and we all concur that the most appropriate charge here is attempted murder” said Howard Dembovsky, JPSA National Chairman. We will be contacting Lonehill SAPS shortly. JPSA would like to extend its sincere congratulations to all parties concerned in acting in this matter, especially to Talk Radio 702 and all of the members of the public who got involved. Contacts:
UPDATE When Howard Dembovsky called Douglasdale SAPS and spoke to Lieutenant Letsoalo, he was lambasted and asked "why do you think you can tell the police how to do their jobs? We were there." This matter has been escalated to David Tembe who is now speaking to a General about the matter. JPSA MEDIA STATEMENT - FOR IMMEDIATE RELEASE
JOHANNESBURG – Justice Project South Africa has laid an official complaint for criminal charges to be brought against Deputy Chief of the Tshwane Metropolitan Police Department (TMPD), for violating the National Road Traffic Regulations by allegedly affixing and displaying false number plates on two vehicles operated by him. The story emerged on Talk Radio 702 Eyewitness news at 06:00 this morning where it was revealed that Ndumiso Jaca has two motor vehicles – a Harley Davidson motorcycle and a BMW Z4 motor car, both of which bear the number plate “BALTY GP”. JPSA has confirmed that this number plate does not exist on the eNaTIS database, so not only is it inapplicable to both of the vehicles that it is displayed on but is completely made up – and false. In terms of the National Road Traffic Regulations, it is a criminal offence for any person to display a number plate and/or licence disk that is inapplicable to that vehicle and accordingly, any person doing so is guilty of an offence. The official complaint has been lodged with the Chief of the National Traffic Police, who have jurisdiction throughout the Republic of South Africa, as well as with high ranking officials at the RTMC and the ICD. Said National Chairman of JPSA, Howard Dembovsky “This is a criminal offence and any member of the public would face arrest and be charged accordingly and there is no reason that Jaca should not receive the identical treatment. It is of no consequence that he is allegedly being taken to task by the Tshwane Metropolitan Municipality as this is a criminal matter and must be dealt with by law enforcement and the courts.” We find it appalling that a high ranking Metro Police officer could see fit to set such a bad example for his staff and the public alike by engaging in this criminal activity and feel that Jaca must face the full might of the law. We most certainly will be following this case up to its logical conclusion.
JPSA MEDIA STATEMENT - FOR IMMEDIATE RELEASE
For some obscure reason, the Gauteng eTolling issue is receiving a lot of focus and the fact that the AARTO summit has not taken place and is once again being put off has received none. We are not saying that the eTolling issue is unimportant, but what we are saying is that AARTO is equally if not more important as it affects the entire nation. JPSA has learned that the AARTO summit that was originally announced to take place in June, then July and was then was again put off for August has now been put off once again for some time in September. We fear that if things continue like this, it will continue being put off indefinitely and no progress will be made, leading to a further loss of credibility. I have personally written and published an open letter/commentary to Transport Minister Sibosiso Ndebele and have published it at http://bit.ly/oquyz3 in which a number of salient questions are asked and I encourage all to go and read its entire content and demand some answers. The main points contained therein are:
JPSA MEDIA STATEMENT – FOR IMMEDIATE RELEASE
JOHANNESBURG – Justice Project South Africa (JPSA) has today become aware of the fact that criminal summonses for alleged infringements and offences incurred at the stated site of “N1 south at/near diepkloof interchange (construction)" or “N1 DIEPKLOOF INTERCHANGE (CONSTRUCTI0N SITE)” as it appears in the notices issued during 2009, are now being served by the JMPD, 28 months after the original dates of the alleged infringements. We would like to encourage any motorists who have been served with Section 54 summonses under the Criminal Procedure Act with respect to these alleged offences at this site to contact us urgently so that we may assist them in these matters. To easily identify the images that will pertain to this site (947) please see the image below.
We have a team of attorneys ready and willing to represent all such affected people and they will do so at no expense to the accused persons provided that their alleged recorded speed is below 161 km/h. Any other motorists who have not received summonses but did receive AARTO 03 infringement notices at that time for the same site with an image similar to that shown are also encouraged to make contact with us so we may assist them, regardless of whether they have paid these fines or not. Motorists are further advised not to pay any admission of guilt fines for notices or summonses for this site at that time as they are the subject of a criminal investigation by the SAPS for fraud. Affected parties may contact Howard Dembovsky on 081 302 3694 or via email at .
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| CRIMINAL CHARGES AGAINST TMPD DEPUTY CHIEF FORMALISED | 2011/09/19 |     |
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| AARTO is being side-lined once again | 2011/08/22 | |
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| SUMMONSES FOR N1 DIEPKLOOF INTERCHANGE 2009 “OFFENCES” | 2011/07/19 | |
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This page was last updated on Sunday 19 February, 2012