The metro police in both Johannesburg and Tshwane are considering claiming back billions of rands in traffic fines that they had to relinquish to the Road Traffic Infringement Agency over the past decade or so.
Grandi Theunissen, Tembe’s counterpart in Tshwane, says their council also wants to see if this is possible. He warned that the authorities should act responsibly and stop the enforcement of the Aarto Act while the sword of unconstitutionality hangs over it. If the confirmation comes, he believes, it will still be difficult to claim back money that was paid when the law was still in force.Such an order is not retroactive unless there are exceptional circumstances that require it to apply retroactively.
As far as law enforcement in the two metro areas is concerned, until the Constitutional Court has ruled, both mayoral committee members say their officials will focus on enforcing municipal by-laws and carrying out the prosecutions that are still available to them under the Criminal Procedure Act.
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