Fined for having car washed in Doonside
Pensioner Gail Mingard has questioned why the public drinking and noise by-laws are not enforced as much.
A ST WINIFREDS pensioner is questioning what she calls selective policing and targeting by authorities after she was issued with a R1000 fine for having her car washed in an undesignated area recently.
Also read: This is how you should wash your car according to SAMBRA
Gail Mingard said other residents and visitors to the area need to be aware that being kind to car washers could end badly.
“I was not aware that one could be fined R1000 for giving R50 to a car washer at Doonside Beach to wash a car in the virtually empty car park,” said Mingard.
On the morning of October 3, she had been collecting some booklets at a café below Shangri-La flats when she decided to give a car washer called Trevor an opportunity to earn R50 productively. She said Trevor has been washing cars in the same area for the past 17 years.
She said 18 months ago she told Trevor that, according to signage, he is not allowed to wash cars, and he allegedly told her not to worry as that did not apply anymore.
“I was fined and Trevor, who has done this in the exact same place since 2009, was not fined or arrested for running an illegal car wash business. But I was fined for ‘participating in an illegal enterprise’. Surely, that is unjust as this activity has happened for 17 years,” said Mingard.
She said having to pay a R1000 fine was hard as she is unemployed.
“I was shocked and immediately drove to the Amanzimtoti police station to discuss it. I was told it is a by-law and they cannot assist me. I am still shocked. For being kind, I now have a police record,” she said.
Mingard questioned why the same by-laws are not enforced in December at the Doonside parking area when there is public drinking and noise from revellers. She also said while South Africa has a high unemployment rate, people like Trevor should be allowed to earn a living.
“A life lesson learnt is that it is far better to abide by every single by-law, Act of Parliament, and regulatory authority regulation because one day a person could be blindsided and end up with an unwanted fine and a police record. Being kind is not a priority; being ethical and acting lawfully is far more important in life. Unfortunately, as I discovered, this can have severe consequences financially and, for most, have severe implications on one’s current or future career,” said Mingard.
The by-law
Under the eThekwini Municipality’s Nuisances and Behaviour in Public Places By-Law of 2015, washing any motor vehicle in public is prohibited unless it is done at a designated wash bay specifically built for that purpose. Offenders can face a fine of up to R40 000, imprisonment for up to two years, or both, depending on the severity and ruling of the court.
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