AfriForum plans to take legal action over extension licence grace period

AfriForum is planning to take legal action against transport minister, Fikile Mbalula due to allegations that the government remained unable to provide proper service delivery over licence applications.

This follows the announcement by Mbalula that the Department of Transport would not be extending the grace period for expired driver’s licences beyond March 31, 2022.

AfriForum instructed its lawyers to prepare a legal letter to the department demanding that the grace period for the renewal of licences be extended for a reasonable period beyond March 31.

The organisation is further considering the possibility of taking on a trial case in the event that the grace period is not extended, and a member of the public is punished for driving without a valid licence.

“This may set a legal precedent confirming the unlawfulness of punishing members of the public for the department’s own service delivery failures,” said AfriForum spokesperson Reiner Duvenage.

“If AfriForum is successful in obtaining a further extension of the licence grace period, it will give members of the public much-needed breathing space to finalise the renewal of their licences.

“This is only fair since the current backlog of licence applications was caused by the department’s own systemic and deep-rooted failures in the first place.”

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Duvenage said that AfriForum had been at the forefront of the fight against the Department of Transport’s “dreadful service delivery”.

She said AfriForum, in the beginning of the year had also recorded damning footage exposing the malfunctioning of the online eNaTIS system and corruption at the Waltloo licensing office, which was sent to the public protector as additional proof for the claims in the complaint.

“Members of the public are frankly fed up with the department’s feeble excuses for its shocking standards of service delivery. This is why AfriForum is acting on behalf of its members and the broader public by continuing to apply pressure on the Department of Transport to fulfil its responsibility of providing proper service delivery,” Duvenage said.

This follows protest action by the National Driving School Association of South Africa (NDSASA) which hit Gauteng for two weeks, leading to the provincial government obtaining an interdict restraining protesters from participating in protest action within 150m of the entrances and premises of licensing centres.

Protestors were also restrained from taking part in or instigating disruptive or riotous behaviour that may result in damage to any property at the centres.

Mbalula on Tuesday said the interdict came after he grew concerned over the safety of staff at the centres.

“Staff have been attacked with weapons such as guns,” said Mbalula.

Mbalula said the protests were “very violent” and had infringed on the rights of other South Africans.

“Police should be here. Some of these people [protesters] are very violent and have been toting AK-47s inside centres.”

Mbalula again reiterated that the grace period for licence renewals would not be extended beyond the end of March.

“I urge motorists to go to the various centres to renew their licences. We also increased the capacity at centres such as the ones in Waterfall and Centurion.”

Road Traffic Management Corporation (RTMC) CEO Makhosini Msibi said the driving school association had been up in arms about the online system because “they say we have been taking their clients’ rights away”.

“They also say that the online system discriminates against illiterate people, but any illiterate persons or senior citizens can still walk into any licensing centre without making a booking and they would be helped.

“There are also kiosks at centres that can be used by people without the necessary tools and data to do so from the comfort of their homes.

“This new system takes you less than five minutes to transact for a licence renewal, after creating a profile with names, surnames and identification numbers.”

He dismissed claims that the system was beset with problems, saying that it was functional “24/7”.

“It is faster than before and slots are available for bookings.”

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