April 23, 2003
By Tendai Dhliwayo
ARRESTS for outstanding traffic fines at roadblocks where a warrant of arrest has been issued are legal. That is the declaration the City of Johannesburg has made in countering assertions by the Automobile Association (AA) and various legal experts that such arrests are illegal.
Speaking at a media briefing on Wednesday, Executive Mayor Amos Masondo said, "The AA has been critical of government policy, something that is normal in a democratic society. However, for them to challenge the legality of arrests of motorists who have clearly broken the law is regrettable."
The AA has argued that the arrests of motorists with outstanding, unpaid fines by members of the Johannesburg Metro Police are illegal. The AA argued that arrests could only be made only if police "have the original warrant of arrest with them. A copy is not good enough.
"If you do get stopped and they want to arrest you, demand to see the warrant and proof you received the summons. If they don't have it, the arrest is illegal," reads a statement by the AA.
Masondo said the notice of a fine (or ticket) is usually followed by a summons to appear in court and motorists failing to appear in court are issued with a warrant of arrest.
"It is therefore reasonable to carry out an arrest because the offenders have been given ample time within the confines of the law to pay their fines," he said.
The mayor has appealed to all motorists to observe traffic regulations to minimise the possibility of being fined. "Once a fine has been issued, it becomes incumbent for all the motorists to pay within the prescribed period."
Chief of Metro Police, Chris Ngcobo, said police do not only arrest motorists but are there to assist if a motorist is stuck on the road. However, "we will be dealing with taxi people who are in the habit of doing what they want on the roads", he warned.
Meanwhile, in its zero tolerance to crime and corruption, the Johannesburg Metro Police Department said over 77 members are either under suspension, are being investigated or have been fired for offences ranging from fraud, bribery and corruption to theft.
