The article in The Mercury of Monday 3 June 2013 refers.
JOHANNESBURG – It is with some concern that Justice Project South Africa has come to learn that KZN Transport MEC Willies Mchunu has apparently said that “there had to be tougher sanctions for repeat traffic offenders”.
Whilst we do not disagree with the MEC’s sentiment that traffic fines do not achieve the desired effect in getting motorists to comply with the law, there are a number of statements made by the MEC that are cause for extreme concern.
It should be no secret by now that the Administrative Adjudication of Road Traffic Offences (AARTO) Act, 1998 which was intended to implement a points-demerit system is now fifteen years old and despite it having been “piloted” in the operational areas of the JMPD and TMPD since 2008; it is still no closer to becoming a reality now than it was in 1998.
By its very nature, a points-demerit system seeks to impose consequences which extend beyond mere traffic fines and deal with repeat offenders by suspending their driving licenses if they are caught continuing to act in a delinquent manner on our roads. Demerit-points applied on driving licences would lead to the suspension of offenders’ driving licenses and it is puzzling why it is that our authorities find this to be such a complicated thing to implement.
It was also reported that “what he wants is traffic officers, working with the police, knocking on the doors of drivers’ homes and arresting repeat offenders in front of their families” and that “the transport department, with the justice department, was looking into how they could arrest individuals who were always in trouble with traffic police.”
The Criminal Procedure Act, which applies in Kwa-Zulu Natal; and most of South Africa for that matter, caters for Warrants of Arrest to be issued where people ignore summonses to appear in court and the practice of not executing these warrants until a person happens to be caught in a roadblock is bizarre to say the least.
There is however no provision whatsoever contained in the National Road Traffic Act or any other legislation for repeat offenders to be arrested, unless of course they commit a serious traffic offence for which they are required to stand trial.
MEC Mchunu’s reported view of wanting traffic officers and police to be “arresting repeat offenders in front of their families” can only be described as malicious and demonstrates a desire to traumatise innocent people, including children. Offenders – repeat or otherwise should be dealt with in terms of the laws of the Republic of South Africa – not by adopting draconian methodologies which traumatise others.
We find it very disturbing indeed that MEC Mchunu and many other officials seem to be under the impression that arrest is intended to be a form of punishment to be meted out by traffic and other police without the need for a trial to take place.
It is no secret that multiple abuses take place whilst people are in police custody and it seems to have been forgotten that the purpose of arrest is supposed and intended to be to secure the attendance of an accused person in court to stand trial for a crime. Even persons accused of serious crimes are entitled to be granted bail unless there are circumstances which dictate that this should not be the case. Those arrested in terms of a Warrant of Arrest must be brought before the court which issued that warrant.
It is highly irresponsible of the MEC and others like him to continually refer to arrest in the context of it being a form of punishment and this should be ringing alarm bells in everyone’s ears; that should this view continue to be held, South Africa can only continue to descend into what can only be defined as a Police State where the Criminal Justice System becomes a secondary consideration.
Road fatalities continue to present a major problem in South Africa and there can be little doubt that many of these can be attributed to people failing to comply with traffic laws. However, the major reason that compliance is low is simply because improper traffic enforcement remains a distinct feature in South Africa and the absurd focus on revenue generation by traffic authorities fuels lack of compliance on our roads.
Only when proper, visible and effective traffic policing – combined with a functioning points-demerit system comes into play will we start to see the situation changing and politicians and other authorities should stop running around making ridiculous statements and start concentrating on the task at hand – implementing the laws we already have properly and saving lives as a result.
Best Regards,
Howard Dembovsky
National Chairman – Justice Project South Africa (NPC)
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