JMPD continues to demand payment despite unlawful notices

Justice Project SA national chairperson Howard Dembovsky believes JMPD has no legal powers to arrest or otherwise detain motorists on the basis of outstanding Administrative Adjudication of Road Traffic Offences (Aarto) fines.

“The purpose of traffic fines should not be about providing a revenue stream for the City of Johannesburg or any other municipality, but sadly that is exactly what they are viewed to be,” said Dembovsky.

This after Public Protector Thuli Madonsela found that the Metro police had acted improperly when it sent fines by ordinary post instead of registered mail.

The report, A Matter of Interpretation, found that the fines sent by JMPD for the period of August 2010 to December 21, 2012, did not comply with Aarto.

No remedial action had been recommended as it was found that the JMPD had since complied with the act and sent fines by registered mail.

Madonsela did, however, recommend that the Metro police chief, in consultation with the City manager, issue a formal apology to be printed in all newspapers in circulation in Johannesburg.

Read more:

Metro cops wrong to post fines – Madonsela

Dembovsky said it was a shame that the only remedial action for breaking the law had been to apologise.

“… we had hoped that at the very least they would have been compelled to cancel all of the outstanding unlawfully issued Aarto infringement notices that still exist on their system,” he said.

“JPSA will be considering its options over the next few weeks and may consider approaching the high court in the New Year to seek an order compelling the JMPD to cancel all illegal infringement notices that exist on their system if the JMPD refuses to do so of its own volition.”

He added by not compelling the JMPD to cancel the remaining illegal infringement notices, the department has effectively been given free licence to continue to benefit from their improper conduct and maladministration.