'Illegal' fines: 'Pay up'
2003-07-01 12:03
Author: Sonja Carstens
Jan Henning SC, deputy chief of the prosecution authority, says findings of magistrate Dreyer van der Merwe are viewed in such a serious light the matter should be investigated on national level.
Van der Merwe found in an investigation that clerks of the Pretoria magistrate's courts had not been appointed in terms of the Magistrate's Courts Act.
This meant that all traffic notices and summonses which they issued, were illegal.
Meanwhile, Pretoria High Court will have to rule if motorists have suffered by paying invalid traffic fines and summonses and if they should be set aside.
The court also could rule that Tshwane metro council must refund motorists for fines had been paid.
Another urgent meeting is to be held between the Tshwane metro police unit, prosecutors and magistrates on Tuesday to discuss the matter.
Thousands of admissions of guilt
Mel Vosloo of Tshwane metro police, urged motorists on Monday to pay their fines.
He said it didn't matter that they were questioning Van der Merwe's findings, everything should continue.
Between 500 000 and 700 000 admissions of guilt paid over the past four year also had not been authorised by magistrates in accordance with the criminal procedure laws.
Random samples showed that thousands of these fines hadn't been issued properly.
Van der Merwe's report said it was impossible for magistrates to check all the fines immediately, because they receive between 10 000 and 15 000 new admissions of guilt fines every week.
The messengers of the court who had been delivering summonses on behalf of Tshwane metro police for the past year, had not been appointed as justices of the peace.
Marida Fitzpatrick reports that Ekurhuleni metro council has denied having similar problems.
Wilfred Kgasago of Ekurhuleni metro police says his council's procedures are legal and no irregularities have occurred.
Rajaa Azzakani reports Johannesburg metro police say messengers of the court have been appointed in accordance with the right procedures and all fines are legal.