This is a short but very important article this week. As synchronicity would have it in the last article we wrote about “The Police – What you should know” then lo and behold the following article appeared in The Times newspaper –
Navigating the complexities of traffic fines can be confusing for motorists in Johannesburg. Recently a motorist took to social media to ask for help after being stopped by metro (JMPD) cops and asked to pay the fine on the spot in Woodmead, Johannesburg. According to JMPD spokesperson Superintendent Xolani Fihla, motorists are not legally obliged to pay fines on the spot. “If a motorist is issued a fine within the City of Johannesburg, what the officer does is issue a fine for the transgression, and the motorist is given an opportunity to pay it. They can use one of many options. One of the options is electing to either represent themselves in court or dispute the fine. The motorist does not have to pay on the spot,” he said. “The information is available and officers know that motorists do not have to pay outstanding traffic fines at roadblocks or a fine that’s been written on the spot,” he said. An account on X named Matthew Kanniah started the debate on Tuesday, saying: “Please help me here. I’ve been pulled over at Woodmead and it seems motorists are being asked to pay for fines on the spot. The officer argued with me, insisting that I couldn’t leave until I paid. Isn’t this not allowed any more, why is this still happening?” The post had more than 700,000 views and sparked debate. In Johannesburg and Tshwane, the local government uses the Aarto system.
“We do advise motorists that they should pay the fines, for various reasons. In Johannesburg, we use the Aarto system and with that system a motorist is not obliged to pay at the roadblock. However, we advise payment at the roadblock,” Fihla said. On what motorists should do when pressured to pay a fine, he said: “The motorists have a right to take it up. First, they can contact the JMPD internal affairs unit and explain the ordeal or they can litigate against the city and the department regarding an illegal arrest.”
He explained how traffic fines are handled differently in various regions.
“With outstanding traffic fines in Joburg and Tshwane, we are using Aarto but in other areas, such as in Ekurhuleni and south of Gauteng, they are still using the Criminal Procedure Act, Section 56. When motorists are issued a fine they’ll be given a court date so if they want to dispute the fine they can go to court. But if they don’t pay the fine or appear in court, a warrant of arrest is issued. If the motorist is then stopped at a roadblock, he or she will be arrested for contempt of court,” said Fihla. Fihla said officers who improperly coerce motorists to pay fines face serious consequences.
[S56] of the Criminal Procedures Act talks to a written notice as method of securing attendance of accused in magistrate’s court. If the person noted in the above article knew their Ryts – well you know the rest.
