Fikile Mbalula defends new traffic laws seeking to introduce demerit points system
The Transport Minister was responding in court in the application launched by the Organisation Undoing Tax Abuse.
Advocate Matthew Chaskalson, SC, representing Outa, said the laws usurped the exclusive legislative authority of the provincial legislatures as, in terms of the Constitution, provincial and municipal traffic regulations fall under the legislative competence of the provinces.
He further argued that the acts usurped the executive authority of local government, granted in terms of the Constitution, to enforce traffic and parking laws at municipal level.“These legistions create a system whereby traffic laws are, by default, enforced through a national system of administrative tribunals, administrative fines and demerit points,” said Chaskalson.
He said the government did not have the power to pass national legislation regulating all road traffic.“By so doing, it unconstitutionally invaded the exclusive legislative competence of the provinces and the exclusive executive competence of the municipalities. The participation or approval of the provinces cannot not cure this fundamental defect,” Chaskalson said. headtopics.com
Alternatively, Outa contended that the service provisions of Section 17 of the Amendment Act are “manifestly inadequate and are unconstitutional”.The Amendment Act effectively removed the requirement that the service under Aarto must be personal or by registered mail.
In terms of the amendment, the Aarto is permitted to service notices of traffic transgressions by means of email, SMS or voice message.“It allows service by email, SMS or voice mail. Given the serious consequences that may flow from an infringement, such service is inadequate,” said Chaskalson.
He added that proper service, at all stages of the adjudication process, “is critical to ensuring that an infringer’s constitutional rights are protected”.In an answering affidavit, Mbalula opposed the application and argued that if the court did rule that Aarto was unconstitutional, it should suspend the declaration of invalidity for 24 months to allow Parliament to rectify it.
However, Outa rejected Mbalula's version, stating that Aarto had not yet been rolled out nationally “so the acts should be set aside with immediate effect so the state does not incur significant rollout costs which end up wasted”.Mbalula's legal representative, Advocate Maphelo Gwala, shot down the argument that Parliament exceeded its Constitutional power by formulating the legislation. headtopics.com
He said Parliament had the power to legislate in any matter for as long as it is within the bounds of the Constitution, including the Schedule 4 legislation under which Aarto fell.Regarding the assertion that the acts would intrude the exclusive legislative authority of the provincial legislatures, he said: “We submit that there is no intrusion at all.”
He said the national council of provinces obtained concurrence from the provincial governments for the acts to be passed. He said it was necessary for the legislation to be passed because it sought to have “uniform standard for all road users so that there is no unequal treatment to road users when it comes to road infringements”.
Gwala also cited that the carnage on the roads was “disastrous to the economy” and that the legislation was aimed to deal with that. He lamented that the criminal sanction had proven to be ineffective because the courts could not deal with the influx of road traffic offenders. “It is only 20% of the matters that get finalised in courts.”Read more: IOL News »
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This guy MbalulaFikile thinks he is the new god of transport. I don't think he knows that he is actually the twit of the highest order. Being of the highest order he may think that this is a compliment. Knowing how corrupt all of them are, from the president to the least of them in government, none of them will ever be caught by the system no matter how many traffic infringements they may incur. Someone in the office will always be made to make it disappear for them.
The ANC should have a demerit system itself! MYANC be gone already! Come national elections, he will somersault....
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