From time to time, JPSA engages in projects intended to directly promote and enforce the rights of our members. Due to the nature of this organisation and its mandate, when we engage in such projects the wider public tends to also benefit.
These projects take a number of forms, from making written submissions regarding intended legislative amendments – to instituting litigation, where all other avenues to gain relief have been exhausted.
A perfect example of this comes from the complaint we lodged with the Public Protector in 2011 which saw millions of unlawfully posted AARTO infringement notices issued by the JMPD between April 2010 and December 2012 being declared unlawful. When the Public Protector finally published her report entitled “a matter of interpretation” in December 2014, finding that the City of Johannesburg and the JMPD had engaged in maladministration by failing to comply with the prescripts of the AARTO Act, JPSA approached the JMPD and RTIA and essentially forced them to cancel millions of yet unpaid AARTO infringement notices.
Recently, JPSA has lodged 2 significant Applications in the High Court, both of which have been brought on behalf of our members, but will have an automatic knock-on effect for the general motoring public:
- An Application against the Minister of Justice and Correctional Services and others seeking the following:
- Declaring the provisions of Section 57(6) of the Criminal Procedure Act which requires that a criminal record must be registered against the particulars of any person who pays an admission of guilt fine on a summons issued under Section 54 or a written notice issued under Section 56 of the Act unconstitutional while the provisions of the AARTO Act hold the exact opposite for a minor road traffic infringement; and
- Compelling the Minister of Justice to issue regulations to allow persons to pay admission of guilt fines without incurring a criminal record.
- An Application against the Registrar of the Road Traffic Infringement Agency (RTIA) and others seeking the following:
- A declaratory order on the meaning/interpretation of the term “registered mail” which is contained in the AARTO Act and prescribes that all documents which are not served in person must be served by “registered mail”;
- A mandamus ordering the Registrar of the RTIA to cancel all documents not served in person and not served by registered mail;
- An order that the RTIA refunds all persons who have paid fees on defective documents since the inception of AARTO be refunded; and
- An order that the Cities of Johannesburg and Tshwane (JMPD and TMPD) to refund all penalties paid by persons who paid defective infringement notices since the inception of AARTO in their jurisdictions.
Both of the matters listed above will be heard during the course of 2017 and we are confident that our Applications will be successful since both are very strong cases.