RTMC

Festive season road deaths a catastrophe – JPSA

JOHANNESBURG – The announcement made today by Transport Minister, Dr Blade Nzimande that 1,612 people died during the 2018/19 festive season yet again represents a catastrophic event in the history of South Africa. This is according to the Justice Project South Africa (JPSA).

JPSA chair, Howard Dembovsky, said he could not understand how the figure announced today had declined by around 200 over the road deaths announced by SABC radio on 28 December 2018.

“It is also hard to see how this festive season’s fatalities of 1,612 allegedly represents a “reduction of 7%” when the reported figure up to 9 January 2018 was 1,573,” Dembovsky said. “This represents a 2.5% increase in road fatalities over the same period last year and a fatality rate of 42 people per day.”

JPSA has said the RTMC continued to use unequal monitoring periods. In 2017/18, the monitoring period was 1 December to 15 January (46 days). In 2018/19 it was 1 December to 8 January (39 days). This means that the number of people killed per day on the roads over the Christmas period has risen from 36 last year to 42 this year. “We should not be satisfied about a 17% increase in the daily fatality rate,” Dembovsky commented.

JPSA said Nzimande’s announcement contained incorrect information about the role of bail, and again promoted the fiction that it is legally possible for serious road traffic offences to be re-classified to Schedule 5 of the Criminal Procedure Act.

JPSA referred to its previous statements on how the RTMC and Department of Transport has misinterpreted the Schedules of the Criminal Procedure Act, and specifically how no provision exists in that Act to detain anyone accused of any crime, no matter how serious, for “a minimum of 7 days” without being brought before a Court for a formal bail hearing.

“It is glaringly obvious that the RTMC, together with the Department and Minister of Transport continue to do the same things and expect different results,” Dembovsky said. “Most notably, it is clear that the RTMC lacks understanding or control of the road safety situation,” he concluded.

RTMC’s 7 days in jail before bail “proposal” absurd at best – JPSA

JOHANNESBURG – Since Sunday 4 November 2018, the media has been abuzz over the RTMC’s plans to introduce a “7-days’ in jail policy” before a person who stands accused of driving under the influence of alcohol, reckless or negligent driving, or speeding may apply for bail.

In the Sunday Times report which triggered the buzz, Advocate Makhosini Msibi is quoted as saying: “Above all, it must not be automatic, you must spend seven days [in jail] before you can bring the application for bail.”

So vociferous are Msibi’s absurd assertions that on page 5 of the RTMC’s “Revised Strategic Plan 2015 – 2020” (signed off by Dr Blade Nzimande), Msibi states that “One of the initiatives [of the RTMC] is to re-classify all road traffic offences to Schedule 5 of the Criminal Procedure Act (CPA)”. Simply put, this means that even a person who is arrested for parking their vehicle incorrectly should, in Msibi’s mind, be detained for seven days prior to being permitted to launch a bail application.

There is no provision whatsoever, in any South African law which authorises the South African Police Service to detain a person for seven days prior to bringing that person before a court. In fact, the Criminal Procedure Act expressly prescribes that every arrested person must be brought before a court within 48 hours of their arrest and the Constitution of the Republic of South Africa expressly forbids the apartheid era style of detention without trial that the RTMC clearly wishes to reintroduce into South African society.

This “proposal” is absurd at best and represents little more than a crude attempt by the RTMC to abuse the well-established and legally sound bail process in our criminal justice system. It should be treated with the contempt it deserves.

Listen into SAfm at 09:30 on Wednesday 7 November where Howard Dembovsky will be going head to head with the RTMC on this topic.