If you have left your traffic fines lying in the bin for months you possibly can be arrested if a traffic or police officer pulls you over.
When the News published an article regarding the legality of fines delivered through normal post, Krugersdorp residents argued otherwise.
A local resident, Cindy Neethling, said according to her, the fines are legal only when sent through registered post or by signing for them.
Many readers agreed with Neethling, saying Mogale City’s Traffic Department has no evidence of the fine ever having reached the particular recipient.
William Nchefu, chief of Mogale City’s Traffic Department, said Section 56 of the Criminal Procedures Act in the South African Constitution states that you do not need to issue a fine through registered post.
Nchefu explained that Krugersdorpers should not confuse the Administrative of Road Traffic Offences (Aarto) Act fines with the fines issued based on the Criminal Procedures Act.
“Mogale City and other local municipalities countrywide still function with the Criminal Procedures Act fines.”
Nchefu explained that a notice with a payment date will be issued within 31 days after an offence allegedly has been committed. If you do not pay or visit the Traffic Department before or on that date, you will be summoned to court. If the accused still does not pay the fine or represent him or herself 14 after the court date, a warrant of arrest will be authorised by a magistrate.
After all this, an offender can still pay the fine plus an additional R300 for contempt of court.
“Or you can be arrested and brought before court.”
Asked how the Traffic Department knows if a fine has been delivered, Nchefu admitted that they only rely on the South African Postal Service to deliver it.
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