Autonews - Fighting Back

2004/08/01

Lawyers are fighting back at traffic authorities unlawfully arresting motorists for outstanding traffic fines and some 600 firms of attorneys have pledged assistance according to the Law Society of the Northern Province.

In the November/December 2003 issue Autonews spelt out the problem and defined the legal process but it appears the message has not reached the likes of Johannesburg Traffic and Metro Police, and the Law Society warns traffic authorities making unlawful arrests of motorists for outstanding traffic fines now face the wrath of the law themselves.

Advocate Don Smart, Europ Assistance legal consultant, says in a statement: “In spite of public outcry, media reports and legal opinion, traffic authorities, notable the Johannesburg Traffic and Metro Police, have arrogantly continued to arrest motorists for outstanding traffic fines in recent months without following legal requirements.”

The rights of the people arrested or accused are protected by the Bill of Rights in the Constitution and the Criminal Procedure Act.

“The authorities argue it is ‘convenient’ to be in possession of, and hand over, a copy of a warrant when arresting. That simply does not wash.

“A warrant has to be correctly executed and the authorities have the technology to do so. Although the need to arrest a person for such matters is also undesirable and unnecessary where their identity and address is clearly ascertainable,” says Smart.

He added it was procedurally incorrect for authorities to provide a warrant at court or a police station.

“The courts and legislation require a copy of a warrant or written authority has to be handed over when demanded or the arrest is unlawful and it is also an accused’s right to be fully informed of the reasons for the arrest.

This cannot be done if the warrant is not available.”

Smart said there were a number of grounds on which a motorist could make a civil claim for damages and among them a re failure by officials or provide a copy of the arrest warrant within a reasonable time, after demanding a copy of the warrant, but receives it only at court or at a traffic office or police station and if one is not taken to a police station as soon as possible after arrest – this not including a court police cell or an office of the traffic police.

The problem of arrest is particularly relevant to fleet managers recorded as the person responsible for a large number of vehicles scattered around the country.

A minor parking or speeding offence can turn into a major headache if it results in arrest.

Fleet managers should ensure a foolproof internal system for dealing with traffic matters – even to the point of making regional managers the responsible person for all company vehicles operating in that area.