JMPD to pay back R32m to motorists

Abe

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More than 18 000 motorists who received traffic fines between 1 November and 11 February could apply for a refund because there of a gap in legislation during that time period because one act had been abolished and the new AARTO Act had not been implemented yet.

http://www.ewn.co.za/articleprog.aspx?id=6839

Does anyone know if this applies to other areas as well.
 

ToxicBunny

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Well technically IF they're talking national acts, then it applies to every area.

And also legally they have no leg to stand on in terms of deciding whats a serious offence or not, if it was in the abolished act and not in any other act.. then when the old act was abolished, it was no longer an offence.
 

supersunbird

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Well technically IF they're talking national acts, then it applies to every area.

And also legally they have no leg to stand on in terms of deciding whats a serious offence or not, if it was in the abolished act and not in any other act.. then when the old act was abolished, it was no longer an offence.

On 702 someone explained that the older criminal procedures act is still in effect and that is what the AARTO revertes too in serious offences...


Anyway, they owe me R100... Pitty about the payfine handling fee I probably won't see..
 

ToxicBunny

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I think I will have to investigate that just cos I'm a curious old sod...

Not that it makes any difference to me, since I'm not wanted for any serious offences, but if the Traffic Act or watever it was called had the criminal offences, and no other act does then all offences they're talking about are null and void for that period... I'm guessing AARTO defines the offences, and then stipulates the punishment as per the older criminal procedures act.
 

Abe

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The way I understand it, the problem is with the admission of guilt fines (infringements) and not the offences (big infringements :) ). They could have gone the route of sending all infringements through the courts which is the way the offences are treated but chose to rather cancel the fines to prevent an overload on the court system. I got a fine on the way down to holiday so I am interested in how that one will be handled.
 

CathJ

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I think it depends on exactly what you paid, though. There was a similar issue a while ago, and they said that if you paid an admission of guilt fee/fine, you wouldn't be refunded because you admitted you'd been breaking the law and were guilty.
 

Hoof-Hearted

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That's more than R1700 per ticket? There's a lot of money in traffic fines...

That's why it's a revenue stream and not a way to enforce the law on our roads. IMO this attitude is one of the the biggest contributers to our high accident rate.
:(
 

JK8

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Lol I got mine squashed and my demerits removed, I wonder if I can still get a refund from these punks!!!
 
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