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South Africans should be aware that the recent threat from the Road Traffic Management Agency (RTMC) to arrest those driving during the December holidays for unpaid traffic tickets is illegal, according to the South African Justice Project (JPSA) .
JPSA has condemned the RTMC recent statement that motorists will be stopped if they have outstanding traffic tickets.
“The Road Traffic Management Corporation (RTMC) advises all drivers to check for outstanding traffic tickets before embarking on their holiday trips,” RTMC said earlier this week.
“Traffic officers are being deployed on all major routes and those with outstanding traffic tickets will not be allowed to advance.”
JPSA has taken note of these statements with concern, indicating that they show an intention to circumvent the law and violate the Constitution.
“There is no provision in any law that authorizes traffic officers to prevent motorists from continuing their journey if they are found to have outstanding traffic tickets,” JPSA said.
“A traffic ticket is not an arrest warrant and should not be considered as such.”
Illegal arrests and extortion
The organization noted that a judicial official issues an arrest warrant if a person has been summoned to court and has not appeared.
A traffic ticket, on the other hand, is an accusation of wrongdoing and is not a bill or tax.
The RTMC’s threat to prevent drivers from continuing their trip due to pending traffic tickets would constitute an illegal arrest, JPSA said.
Additionally, forcing motorists to pay a fine or fines under threat of formal arrest would constitute extortion, he added.
“As much as I hated 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,” said JPSA President Howard Dembovsky.
“The RTMC is too fond of threatening motorists with things that are not provided for in the law.”
Continuous threats
He said that for many years, the RTMC has threatened motorists allegedly driving 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 the law authorizing this and it is unlikely there ever will be, Dembovsky noted.
“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 and reckless behavior that it manifests on our roads every day. “
“Only a professional, visible and active police can do that,” he said.
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