Motorists face ‘draconian’ measures for outstanding fines

A recent statement released by the Road Traffic Management Corporation (RTMC) warning motorists that if they have outstanding fines, law enforcement officers will not allow them to proceed, has attracted strong criticism from the Automobile Association (AA).

“If this approach is followed through by law enforcement officers, it amounts to an immense abuse of power and the RTMC will effectively be stealing citizens’ rights,” says the AA.

It is indirectly saying motorists with outstanding traffic fines will be arrested, “a major contravention of South Africa’s laws”.

“The only time a road user may be detained at the roadside is if a warrant of arrest is issued against their name. Preventing someone from proceeding on a journey because of an outstanding traffic fine amounts to arrest without following due process.”

In addition, says the AA, no clarity is given on what exactly an outstanding traffic fine is.

“Is an outstanding fine a fine issued last week, last month, or yesterday? What if someone received a fine but decided to contest it before paying, would that amount to an outstanding fine?”

The concern, it says, is that motorists travelling over the festive season now run the risk of becoming victims of overzealous enforcement officers intent on generating revenue and cashing in on motorists’ fears of jail time.