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The civil society group Justice Project South Africa (JPSA) says it is concerned about recent statements made by the Road Traffic Management Corporation (RTMC) that it says they break the law and violate the Constitution.
in a statement this week. The RTMC advised all drivers to check for outstanding traffic tickets before embarking on their holiday trips.
“Traffic officers are being deployed on all major routes and those with outstanding traffic tickets will not be able to continue,” he said.
“Traffic officers will also be deployed to various locations across the country to deal with reckless and negligent driving, speeding, drunk driving, road safety and overload.”
However, JPSA President Howard Dembovsky said there is no provision in any law authorizing traffic officers to prevent motorists from continuing their trip if they are found to have outstanding traffic tickets.
A traffic ticket is not an arrest warrant and should not be considered as such. A judicial officer issues an arrest warrant if a person has been summoned to court and has not appeared, he said.
Dembovsky said that a traffic ticket constitutes an accusation of wrongdoing. It is not an invoice or a tax.
This means that preventing someone from continuing their journey with a “pending traffic ticket” constitutes a de facto illegal arrest. Forcing those people to pay a fine or fines under threat of formal arrest constitutes extortion, he said.
“As much as I hate having to repeat myself continuously, it is about time that traffic law enforcement officials began to obey the provisions of the law that apply to them.
“The RTMC is too fond of threatening motorists with things that are not provided by law,” he continued.
Dembovsky said that for years the RTMC has threatened motorists who allegedly drive under the influence of alcohol with “a minimum of seven days in jail” before they are allowed to request bail.
There is no such provision in law authorizing this and it is unlikely there ever will be, he said. He added that RTMC is responsible for coordinating traffic law enforcement at the national level.
“Instead of inciting traffic officers to illegal behavior, the RTMC should act responsibly, focusing on initiatives that promote road safety and save lives, in which reckless drivers are stopped before colliding with other road users. via, ”Dembovsky said.
“While hidden speed cameras are very profitable for greedy municipalities and roadblocks can detect vehicles that are unfit to circulate, along with those with unpaid traffic tickets, they also do not address the irresponsible behavior that manifests itself in our roads every day. Only visible and active professional police can do that, ”he said.
Read: Cops To Stop Drivers With Pending Traffic Tickets During December Holidays
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