Bid to stop ‘traffic fines’ business fails
THE Nelson Mandela Bay municipality has failed in its bid to stop a Port Elizabeth businessman from helping motorists scrap or reduce their fines.
The municipality’s attempt to interdict Traffic Violation Specialist owner Pieter Swanepoel was dismissed with costs by the Port Elizabeth High Court yesterday.
“This would not have happened if the municipality was doing things by the book,” Swanepoel said after the case was dismissed.
“I am merely pointing out their blunders. But I am very happy.”
The municipality turned to the court to stop Swanepoel from operating his business in Sidwell, which is close to the traffic department.
Swanepoel uses his knowledge of traffic laws and regulations to get motorists’ traffic fines scrapped or reduced.
The court found that there was no evidence that Swanepoel was acting unlawfully, as alleged by the municipality.
The municipality tried to argue that Swanepoel was engaged in criminal conduct and that he should not be allowed to receive money from traffic offenders.
The municipality also attempted to stop Swanepoel’s employees from soliciting business at the Sidwell Traffic Department.
Acting Judge Sarah Sephton said she agreed with Swanepoel’s lawyers that he had not demonstrated any unlawful behaviour and that his actions were above board.
“Even if the business was unlawful, the municipality’s right to collect traffic fines from traffic offenders remains intact.
“There is also no evidence that Swanepoel’s business presents itself as an agent for the municipality,” Sephton said.
Carolyn Ah Shene-Verdoorn, who represented Swanepoel, described the municipality’s application as wasteful costs.
“Attempts were previously made to settle this matter out of court.
“However, the municipality proceeded with this action, incurring unnecessary legal costs at the expense of ratepayers,” she said.