Over the years that JPSA has been in operation, it has achieved many things.
Arguably, the most notable achievement we have achieved to date has been bringing the Johannesburg Metropolitan Police Department (JMPD) to book for its abuse and misapplication of the provisions of the AARTO Act.
Briefly, in June 2010 the JMPD ceased using recorded service of infringement notices it issued under the AARTO Act. Section 30(1) of the AARTO Act states that “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.”
Subsequent to the pressures JPSA brought against the JMPD, the Road Traffic Infringement Agency (RTIA) and the National Department of Transport, the JMPD again started using hybrid mail to serve AARTO infringement notices by post on 22 December 2012, however it was only in December 2014 that the Public Protector issued her report on the complaint we had lodged with that office in June 2011, when all other attempts to get the JMPD to comply with this simple provision had failed.
As a result of the Public Protector’s report and further pressures that JPSA brought upon the JMPD and RTIA, in April 2015 the JMPD administratively cancelled all of the outstanding unlawful infringement notices it has issued over the two and a half years it acted unlawfully.
While those motorists who choose to piggy-back off our initiatives when we achieve results most certainly do benefit from our actions, it is arguable that they are part of the problem while our members can justifiably claim that they are part of the solution. If those who benefited from the cancellation of 6 million outstanding unlawful AARTO infringement notices issued by the JMPD from 1 June 2010 to December 2012 simply chose to donate just 1% of the money they saved to us, we would have received a cash injection of more than R15 million. Sadly, they haven’t.
This is far from the only achievement that JPSA has attained and just a few of our other achievements are listed below:
|2008||JPSA is established.|
|2009||Revocation of approval by the Director of Public Prosecutions (DPP) for speed trapping at N1 North and South at Rand Show Road bridge where the JMPD were fraudulently fining people for exceeding 80km/h in a 120km/h zone. This was as a result of JPSA’s interventions.|
|2009||Reinstatement of illegally reduced speed limit (80km/h reduced to 60km/h without any reason except to generate fines revenue) on South Road, Morningside.|
|2009||Registration of the domain name “aarto.co.za” to inform motorists of the true impact and implementation of the AARTO Act.|
|2009||Established a strained but effective working relationship with the RTMC. This was maintained until mid-2010 when the new Acting CEO of the RTMC, Collins Letsoalo was appointed and he turned the relationship into a highly adversarial one.|
|2010||Intervention in the illegal issue of AARTO infringement notices by the JMPD. We brought this to the attention of motorists and saved them billions of Rands on fines issued between 1 June 2010 and 21 December 2012. Interventions included direct engagement with the RTMC, RTIA, JMPD and Department of Transport.|
|2010||Several joint operations with the South African Police Service Anti-Corruption Task team wherein policemen were arrested and prosecuted for corruption. One of these matters (Silverton SAPS) resulted in a policeman being sentenced to seven years imprisonment for corruption.|
|2010||Successful intervention in assertion by then Transport Minister S’bu Ndebele and Acting CEO of the RTMC, Collins Letsoalo wherein they stated that driving licenses of offending motorists would be summarily suspended by traffic officers at the roadside.|
|2011||JPSA becomes actively involved in the battle against e-tolling on Gauteng’s urban freeways.|
|2011||JPSA lodges a complaint with the Public Protector with respect to the illegal issue and service of AARTO infringement notices by the JMPD after attempts to resolve the issue through the JMPD, RTMC and RTIA fail. The final report by the Public Protector was issued in December 2014 and found the JMPD guilty of maladministration and the improper (unlawful) application of the provisions of the AARTO Act. (see below)|
|2011||JPSA facilitates the arrest of a false driving licence syndicate at Watloo testing station in Pretoria by bringing Carte Blanche and the SAPS Commercial Crimes Unit together in a first time ever properly mounted sting operation on TV.|
|2011||JPSA presents an extremely effective anti drink driving protocol with the Law Enforcement Technical Committee of the RTMC and facilitates an in-depth study and publication in the Sunday Times. The protocol was greeted with enthusiasm by some traffic authorities present, but was scuppered by the then Acting CEO of the RTMC who despised JPSA.|
|2011||JPSA lays criminal charges against the then Deputy Chief or the Tshwane Metro Police Department (TMPD), Ndumiso Jaca for fraudulent use of false number plates. As at December 2015, and despite the fact that he has appeared in court on several occasions, his trial has still not been concluded.|
|2011||JPSA is invited to make presentations in several conferences, including the ITC Annual Road Safety Conference and the Institute of Traffic and Municipal Police. Since then, it has presented at every since repeat event as well as many others.|
|2012||JPSA is actively acknowledged in the Government Gazette with respect to its active participation in the proposed amendments to the AARTO regulations.|
|2012||JPSA succeeds in having criminal charges of fraud brought against a private company issuing illegal traffic fines in residential estates. This has become a serious problem in South Africa and the battle continues.|
|2012||JPSA succeeds in having over 9,000 errant traffic camera fines and summonses captured in August 2012 withdrawn at the Randburg Waterfront.|
|2012||The issuing of illegal AARTO infringement notices by the JMPD is finally halted through questions asked in parliament by politicians and the acknowledgement of the then Transport Minister, Ben Martins that these actions are illegal. These questions would not have been asked had JPSA not pushed so hard.|
|2013||Fines4U (Pty) Ltd wins litigation against the JMPD with respect to illegally issued AARTO infringement notices issued by the JMPD. JPSA was engaged to consult with counsel in this matter from day one.|
|2013||JPSA is invited by the Chief of Police of the Cape Town Traffic Services to inspect its operations and issue a report thereon.|
|2013||JPSA successfully halts unlawful amendments to the AARTO Act and regulations from proceeding. JPSA also successfully has several unconstitutional clauses in the e-toll regulations, as well as an increase in the civil penalty of R1000 to R1500 under the SANRAL Act removed from e-toll legislation.|
|2013||JPSA is invited to participate in the Department of Transport’s Annual Road Safety Summit for the first time ever and is publicly thanked for its work in road safety by new Transport Minister, Ms Elizabeth Dipuo Peters on several occasions.|
|2014||JPSA succeeded in having 3,944 errant traffic camera fines and summonses captured between 27 December 2013 and 7 January 2014 withdrawn at Ontdekkers Road East at Die Ou Pad.|
|2015||JPSA succeeded in having all of the outstanding unlawful AARTO infringement notices issued by the JMPD administratively cancelled, without the need for people to make representations therefor. This happened in April 2015 and caused some 6 million outstanding illegal AARTO fines, to the reported value of R1.5 billion being cancelled.|
|2015||JPSA instituted litigation against the Minister of Justice, the Minister of Transport and the National Director of Public Prosecutions to have Section 57 of the Criminal Procedure Act amended so that motorists no longer incur a criminal record for minor road traffic offences. This matter will be heard during the early part of 2016.|
|2015||JPSA is again acknowledged in government gazette 39395 of 12 November 2015 relating to the AARTO Amendment Act as being one of only two nongovernmental organisations who were consulted and contributed to the amendments.|
|2015||JPSA uncovers a serious matter with respect to noncompliance of the requirement for the service of AARTO documents required to be served by registered mail and notifies the Road Traffic Infringement Agency (RTIA) of the unlawfulness of its and issuing authorities’ actions. This matter will be brought before the court in 2016.|
|2016||JPSA is proven to have been right that the strategies adopted by the RTMC and Department of Transport to reduce road fatalities during the 2015/16 festive season were flawed. It is arguable that the media blackout adopted by the RTMC and Department of Transport on ongoing road deaths over that period contributed to the highest death toll over the festive season in South Africa’s recorded history.|
|2016||JPSA brings several successful AARTO representation appeal matters.|
|2016||On 18 April 2016, JPSA lodged an Application in the Pretoria High Court for a declaratory order on the meaning of the term “registered mail” as is contemplated in the AARTO Act and regulations. Amongst the other prayers in this application are that all authorities involved in implementing the AARTO Act comply with the previsions of the Act which apply to them and that all documents which were not served in compliance with the prescripts of the Act be cancelled – and those who paid them be refunded.|