Bid to quash ‘illegal’ metro traffic fines
A PORT Elizabeth man wants to stop the Nelson Mandela Bay Municipality from fining motorists.
He also wants traffic fines he alleges were issued illegally from January 2015 to be scrapped, with the motorists refunded in full.
If Pieter Swanepoel, 52, of Traffic Violation Specialists in Sidwell, is successful in his high court bid, the application could provide relief to thousands of people.
His lawyers, Carolyn Ah Shene-Verdoorn and Advocate BC Harker, say the content of summonses and notices sent to offending motorists is often erroneous and does not comply with proper citation requirements as set out in the Criminal Procedures Act.
Swanepoel launched a court action against the municipality, the National Director of Public Prosecutions and Traffic Management Technologies (TMT) – which is responsible for setting up speed cameras in the city – on December 12.
His firm helps to get fines reduced for motorists, or scrapped.
“The fines are issued from the Western Cape for motorists in the Eastern Cape,” he said.
“The company that issues these fines is also not a law-enforcement agent.”
In terms of the notice of motion filed, Swanepoel wants the high court to:
Quash all traffic-related fines and summonses issued by the municipality and order that motorists be refunded;
Issue a prohibitory interdict against the municipality and TMT to stop issuing fines that contradict the Criminal Procedures Act;
Issue an interdict that will prevent the municipality from demanding the payment of fines at roadblocks; and
Issue an order that declares the contract
between the municipality and TMT unlawful.
Ah Shene-Verdoorn said they would supply the courts with proof that the fines were erroneous and failed to comply with the Criminal Procedures Act.
Nelson Mandela Bay municipal spokesman Mthubanzi Mniki confirmed that the municipality had received the notice of motion.
“We cannot comment as it is before the courts,” he said.
Swanepoel claimed fines issued since January 2015 were illegal as the contract between the municipality and TMT was unlawful.
The core function of TMT is to supply the municipality with equipment the traffic department can use to trap speeding vehicles.
However, he alleges that TMT officials also man the roadblocks and issue fines even though they are not law-enforcement agents. “That is also illegal,” he said. “They carry a swipe machine [and] collect money from motorists [for outstanding fines]. That must stop.”
While TMT official Edwards Samson denied flouting legislation, he referred all questions to the municipality.
Bay communications director Mzobanzi Jikazana said: “TMT officials work with our warrant of arrest section and collect money if a member of the public wants to pay outstanding fines immediately.”
He said TMT was not acting as a law-enforcement agent.
Road Traffic Infringement Agency spokesman Monde Mkalipi said if TMT was setting up roadblocks to collect money that would be illegal.