AfriForum gets set to challenge driving licence regulations in court

WHILE the country’s only licence printing machine is once again out of order, AfriForum is gearing up for its legal challenge in August, which deals with the expiry of driving licence cards.

According to the Department of Transport, the machine broke down due to a technical problem that required a part to be replaced by the original manufacturer.

AfriForum will be in the North Gauteng High Court, Pretoria, on August 7 and 8 to demand a declaratory order stating that the five-year validity period of driving licences is unconstitutional. It will also ask that all fines issued for expired licences be declared unconstitutional.

According to Ernst van Zyl, campaign officer for strategy and content at AfriForum, the least the government can do is to grant a grace period to those who are now again “victims of the government’s poor planning”.

“This inept government doesn’t even have the foresight to invest in a second printing machine for licence cards.

“I find it hard to believe that the global supply of this essential piece of equipment is at zero.”

He said these and other aggravating circumstances are why AfriForum is again standing up for the public, to “save motorists from this circus”.

“Motorists should not be penalised or fined for not being in possession of a renewed driving licence card because no such penalty exists,” he said.

AfriForum wants the requirement for driving licence cards to be renewed every five years to be declared invalid and reviewed.

The organisation said that from a legal perspective, the National Road Traffic Act and regulations were too vague to be workable.

AfriForum will argue that the legislation does not clearly distinguish between a “driving licence” and a “driving licence card”.

Neither does it explicitly state that motorists must apply for new licence cards upon expiry.

It does not even state that it is a crime to drive with an expired licence card nor does it prescribe any fines, penalties, or sanctions, AfriForum said.

“The legislation is not clear, concise, and internally harmonious enough to enable the general public to know what is expected of them.”