Be wary of unlawful arrests if you're stopped by cops over the holidays

KikzAzz

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I think this one (LBwhatever) is being deliberately annoying.

It's common knowledge that there's rampant corruption, that AARTO doesn't cover all areas, and that traffic notifications are illegally served or go undelivered.
Precisely.
 

deweyzeph

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I think this one (LBwhatever) is being deliberately annoying.

It's common knowledge that there's rampant corruption, that AARTO doesn't cover all areas, and that traffic notifications are illegally served or go undelivered.

Summons servers are known to just toss a summons over the wall of a property without serving it properly and the person who is the subject of the summons never even knows they've been served a summons to appear in court. The first time they even know they were summoned is when they get arrested on a contempt of court warrant on the roadside.
 

ToxicBunny

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Summons servers are known to just toss a summons over the wall of a property without serving it properly and the person who is the subject of the summons never even knows they've been served a summons to appear in court. The first time they even know they were summoned is when they get arrested on a contempt of court warrant on the roadside.

Whilst the serving of that summons is entirely legally problematic, the arrest/detention at the roadblock is entirely legit at that point. There is a warrant of arrest so it is legal to detain the person.

Usually it entails paying the fine + a contempt of court fee and then you can go on your way.
 

LCBXX

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No question on that front at all.

What is at issue here is why the hell I must worry about an unlawful arrest because I have unpaid fines (whether they are known or unknown). The only illegal action in this situation is on the part of the law enforcement agencies.
I'm saying that if you take the time to check whether you have unpaid fines, howver complicated it is for you, and follow the applicable process to either pay or dispute them, this nonsense from the RTMC doesn't matter to you. I go and check whether I have any fines on a monthly basis; it's just what I do to avoid having to deal with crap like this. It's a pain and I wish that I didn't have to do it but government-services, in general, are in a derelict state and there's fsckall I can do about that, other than finding ways to work around it.

I completely appreciate that what they said they're going to do is illegal and am not disputing that at all.

This attitude of "Well of they don't issue me with fines and summonses and and and, then fsck'em". All you're risking is having you, and your family's holiday, ruined by cops on a power trip.
 

ToxicBunny

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I'm saying that if you take the time to check whether you have unpaid fines, howver complicated it is for you, and follow the applicable process to either pay or dispute them, this nonsense from the RTMC doesn't matter to you. I go and check whether I have any fines on a monthly basis; it's just what I do to avoid having to deal with crap like this. It's a pain and I wish that I didn't have to do it but government-services, in general, are in a derelict state and there's fsckall I can do about that, other than finding ways to work around it.

I completely appreciate that what they said they're going to do is illegal and am not disputing that at all.

This attitude of "Well of they don't issue me with fines and summonses and and and, then fsck'em". All you're risking is having you, and your family's holiday, ruined by cops on a power trip.

And I'm saying I should not have to take the time to constantly check for unpaid fines every time I get on the road just because the RTMC is threatening to engage in illegal activity.

We should not roll over and accept this bullshyte from the RTMC. The RTMC should actually be taken to court and interdicted from ANY action at ANY roadblock until they rescind that statement and issue a proper set of standing orders to their officers about what they can and can't do and it must be within the remit of the laws.
 

ilikepi

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And I'm saying I should not have to take the time to constantly check for unpaid fines every time I get on the road just because the RTMC is threatening to engage in illegal activity.
After all of this talk of unpaid fines I just checked mine and it looks like I'll be supporting the JMPD Christmas bonus initiative this year :-D
 

ToxicBunny

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After all of this talk of unpaid fines I just checked mine and it looks like I'll be supporting the JMPD Christmas bonus initiative this year :-D

Well actually just on that front, its all well and good if you are in JHB or CoCT or PTA and such, you can pop online and check for outstanding fines.

All the people from DBN have no way of checking for their fines online... so they can't just quickly check before embarking on a roadtrip.
 

Aghori

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This might work in a 1st world country but in South Africa all you need is a few blue notes to make fines and warrants disappear. Not even worth reading.
 

LCBXX

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And I'm saying I should not have to take the time to constantly check for unpaid fines every time I get on the road just because the RTMC is threatening to engage in illegal activity.

We should not roll over and accept this bullshyte from the RTMC. The RTMC should actually be taken to court and interdicted from ANY action at ANY roadblock until they rescind that statement and issue a proper set of standing orders to their officers about what they can and can't do and it must be within the remit of the laws.
You're absolutely correct.
We are however stuck with an incompetent State who rule by fear instead of governing though competence. All I can do is find ways to work around the issue.
 

ToxicBunny

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You're absolutely correct.
We are however stuck with an incompetent State who rule by fear instead of governing though competence. All I can do is find ways to work around the issue.

Its not always possible to easily work around the issue, as evidenced by my other post in terms of finding out about fines.
 

LazyLion

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A previous colleague of mine made some very good colour photocopies of R100 notes and kept that in an old wallet in the console of his car specific for bribe purposes. When demands was made, he opened up this wallet counted off some blue notes and inconspicuously handed them to the traffic cop. For obvious reasons the person accepting the bribe don't inspect the notes in full view of everyone, and he then drives off without being bothered further.
Later he gets arrested for Bribing a Police Officer AND for passing counterfeit money.
 

Neuk_

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You're absolutely correct.
We are however stuck with an incompetent State who rule by fear instead of governing though competence. All I can do is find ways to work around the issue.

In my experience, the cops work the exact same way, so even if you have zero fines, summonses, warrants, etc. there is still a chance of being pulled over and harassed or worse.
 

LCBXX

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In my experience, the cops work the exact same way, so even if you have zero fines, summonses, warrants, etc. there is still a chance of being pulled over and harassed or worse.
I can't relate.
 

requiem

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I got stopped at one of these ****ing things on sandton drive.

Officer takes my license, comes back with a list of outstanding fines.

I tell him I intend to investigate and deal with it.

He tells me "no, you give me cash now, i'll go pay it at the van"

I claim to not have cash on me, he insists I turn my car off and come pay by card.

I claim to not have a card on me. He insists I must get out of my car and phone someone to come pay.

I suggest I will call my lawer to come pay. He tells me to go.
 

grok

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It's ok, we've learned how to do pushups for moron cops to ensure our freedom during lockdown.
 

Aghori

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Well actually just on that front, its all well and good if you are in JHB or CoCT or PTA and such, you can pop online and check for outstanding fines.

All the people from DBN have no way of checking for their fines online... so they can't just quickly check before embarking on a roadtrip.

Huh? The AARTO fines checker website works anywhere boet... you enter your dompas number and your card license number and it spits out the fines you have or if none is on the database.
 

ilikepi

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Well actually just on that front, its all well and good if you are in JHB or CoCT or PTA and such, you can pop online and check for outstanding fines.

All the people from DBN have no way of checking for their fines online... so they can't just quickly check before embarking on a roadtrip.
srsly? I did not know that, I thought the whole point of AARTO and all that was to connect everything together, to make our law enforcement for efficient.....
 

ToxicBunny

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Huh? The AARTO fines checker website works anywhere boet... you enter your dompas number and your card license number and it spits out the fines you have or if none is on the database.

AARTO isn't in effect everywhere yet boet ek se. :)
 
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