Month: December 2018

Driving licence card production backlog remains a big problem

File photo: African News Agency (ANA)

JOHANNESBURG – KwaZulu-Natal’s Department of Transport has said it will fine motorists for driving with expired driving licence cards, even where the Driving Licence Card Authority (DLCA) has been unable to provide the driving licence card after a proper application was made by the motorist.

Justice Project South Africa has criticised this move. “The DLCA is currently backlogged with applications due to a strike,” said JPSA chair, Howard Dembovsky. “A spokesperson for the Department of Transport has stated that a directive has been issued to law enforcement authorities not to prosecute motorists whose driving licence cards have expired without the new card being received as a result of the backlog.”

However, the KZN Department of Transport’s stance is that such motorists must, at a cost of R100 each, obtain temporary driving permits, or face prosecution.

JPSA said it would be surprised if the  KwaZulu-Natal Department of Transport could convince a court to convict a motorist who has made reasonable efforts to comply with the provisions of the National Road Traffic Act (NRTA), but has been denied a renewed driving licence card due to the inability of the National Department of Transport to produce it within the three month extension period provided for in the NRTA.

“This announcement is also cynical, coming in the midst of the festive season travel period when testing centres are unlikely to be able to meet such a sudden demand for temporary licences, and with many motorists already on holiday away from their homes and without access to the supporting documentation needed for an application,” Dembovsky added.

He reminded motorists that a driving licence is valid indefinitely, until such time as it is suspended or cancelled. It is only the driving licence card which should be renewed every five and a professional driving permit (also on a driving licence card) which must be renewed every two years.

Although a court may take the view that it is the motorist’s duty not to drive in contravention of the law, it is the State’s duty to ensure compliance is possible. JPSA strongly recommends that anyone who is fined after making application for the renewal of their driving licence card or professional driving permit defends the matter on the basis that compliance is not reasonably possible at such short notice during the festive season, and that the direct cause of the non-compliance is the State’s failure to manage the DLCA effectively.

BEWARE! Bogus “advice” on warrants of arrest

JOHANNESBURG – Over the weekend, a document purporting to be offering the services of the Law Society of South Africa and urging motorists to know their rights has again been doing the rounds on social media.

Justice Project South Africa has been in contact with the Law Society of South Africa and has also unsuccessfully tried to contact the former Law Society of the Northern Provinces, which has been replaced by the Legal Practice Council, to alert them to this anomaly. The Law Society of South Africa has confirmed the bogus nature of this document and says that it has been intermittently doing the rounds for around nine years now.

The “advice” given in this document is not only completely incorrect but is extremely reckless and malicious.

Warrants of arrest in respect of road traffic infringements have not existed in the Cities of Tshwane and Johannesburg since 2008, due to the implementation of the AARTO Act which does not include a warrant of arrest.

Elsewhere in the country, where road traffic offences are still prosecuted using the Criminal Procedure Act (including Ekurhuleni and Mogale City which abut Johannesburg and Tshwane) warrants of arrest are issued by Magistrates in respect of motorists who fail to appear in court when summoned to do so.

This arises out of written notices to appear in court in terms of Section 56 of the Criminal Procedure Act and summonses issued and served in terms of Section 54 of the Criminal Procedure Act being ignored by some motorists.

Warrants of arrest may be executed by any peace officer, not just a traffic officer or policeman and resisting arrest will almost certainly land that person in even hotter water than they would have been had they simply cooperated. In addition, a peace officer is empowered to arrest any person who commits an offence in his or her presence.

No-one may be arrested for failing to carry their driving licence with them, however they can be issued with a fine for failing to do so.

JPSA has repeatedly refuted several similar bogus documents and will continue to do so. We advise motorists NOT TO follow ANY of the “advice” in this bogus document doing the rounds on social media.

It is particularly important for motorists to know their rights and responsibilities around this time of the year because the festive season is almost upon us and with it will come intensified roadblocks all over the country. For further details on your rights as a motorist, please visit https://www.arrivealive.co.za/Rights-and-Obligations-when-stopped-by-a-Traffic-Officer.