Private estates making big money from speeding fines

[rpm]

Private estates making easy money from speeding fines

In March 2019, the Supreme Court of Appeal ruled that private estates are empowered to create their own rules, which includes the ability to set their own speed limits on internal roads and fine motorists for violating these limits.

 

[chefdude98]

Huh?

Has the function of the Metro Police been outsourced?

If you're concerned about speeding with a Private Estate place speedbumps in the area.

Speeding fines should be handled by the Metro Police & only them.

Im actually shocked that a court ruled in favour of the private estate

 

[Lord Farquart]

Staffwriter at it again. Clickbait headline at its best. Is there no one at MyBB with some journalistic integrity?

How does this link up with the headline???
“I can only estimate that the revenue derived by Homeowners’ Associations arising out of speed fines runs into billions of Rands per annum.”

 

[Lord Farquart]

Huh?

Speeding fines should be handled by the Metro Police & only them.

Im actually shocked that a court ruled in favour of the private estate

You have a law degree? Why not go appeal this judgement?

 

[ShaunSA]

“I can only estimate that the revenue derived by Homeowners’ Associations arising out of speed fines runs into billions of Rands per annum.”

Billions?

 

[Nobody Important]

Huh?

Has the function of the Metro Police been outsourced?

If you're concerned about speeding with a Private Estate place speedbumps in the area.

Speeding fines should be handled by the Metro Police & only them.

Im actually shocked that a court ruled in favour of the private estate

Private Estate means the roads (in fact the entire land the estate is built on) are private property, built and maintained by the estate.

Not to be confused with the rambo cowboys who put up boom gates on public residential roads to create their own "estate".

 

[Rocket-Boy]

Huh?

Has the function of the Metro Police been outsourced?

If you're concerned about speeding with a Private Estate place speedbumps in the area.

Speeding fines should be handled by the Metro Police & only them.

Im actually shocked that a court ruled in favour of the private estate

nope, the estate is well within their rights to do it.
Its really simple though, stick to the rules and you wont have an issue.
Alternative is to move to somewhere else.

 

[Carnajo]

Article seems to completely ignore the fact the Home Owner's Associations aren't private companies, they don't "make a killing", there is no profit motive. Every owner in the estate is a member of the Home Owner's Assocation and any revenue generated goes back into the estate. Likewise if enough people don't like the rules or the application of the rules they can elect a new set of directors (or body corporate if sectional title).

 

[hungrymamba]

GTI drivers b!tch and moan about speed bumps saying their low riding cars get damaged, I like the idea of Estate cameras, we have kids and elderly moving around - we need to feel safe.

 

[Neuk_]

Question, if estates are able to issue fines on estate roads which are private, what happens if you don't pay them?

 

[hungrymamba]

Question, if estates are able to issue fines on estate roads which are private, what happens if you don't pay them?

They will lock you up with the security in that tiny house... Maybe, when you sign the agreement to reside in the estate, you agree to pay, failing which they can actually take legal actions against you or chase you out.

 

[OCP]

Question, if estates are able to issue fines on estate roads which are private, what happens if you don't pay them?

I would think they can get legal on your ass like a body corporate does when you don't pay your levies?

 

[supersunbird]

You have a law degree? Why not go appeal this judgement?

Appeal higher than the ConCourt where this has been as well? Aint happening.

 

[mattrudlles]

Private Estate means the roads (in fact the entire land the estate is built on) are private property, built and maintained by the estate.

Not to be confused with the rambo cowboys who put up boom gates on public residential roads to create their own "estate".

That second scenario is the one in the case though. The roads in dispute are private estates enclosed by access control with public roads.

 

[Neuk_]

They will lock you up with the security in that tiny house... Maybe, when you sign the agreement to reside in the estate, you agree to pay, failing which they can actually take legal actions against you or chase you out.

I would think they can get legal on your ass like a body corporate does when you don't pay your levies?

Sure, that is if you live there, what if you are a guest? Maybe ban you until you pay up?

 

[LazyLion]

A distinction needs to be made between "gated estates" where the roads are still the property of the council (subject to normal road traffic rules) and Private Estates where the roads are built and maintained by the Body Corporate of the Estate.

 

[LazyLion]

And these Private Estates are probably also violating the POPI act and privacy rules by scanning the driver's licences and Licence discs of private drivers and vehicles. You can't tell me that data is secure and being used for the correct purposes in every instance.

 

[chefdude98]

nope, the estate is well within their rights to do it.
Its really simple though, stick to the rules and you wont have an issue.
Alternative is to move to somewhere else.

I am not condoning speeding within a residential area.

I am just surprised that a, private entity can lawfully acquire speed cameras etc & issue fines.

Everything seems to be outsourced in this country. Even the role of the metro police it seems.

Telkom >>Fibre
Public hospital >>private
Public schools>>private
SAPO >>courier
Home Affairs >>Banks
Metro Police >> Private Estates

 

[Grant]

Article seems to completely ignore the fact the Home Owner's Associations aren't private companies, they don't "make a killing", there is no profit motive. Every owner in the estate is a member of the Home Owner's Assocation and any revenue generated goes back into the estate. Likewise if enough people don't like the rules or the application of the rules they can elect a new set of directors (or body corporate trustees if sectional title).

fixed . . mahala

 

[P924]

A distinction needs to be made between "gated estates" where the roads are still the property of the council (subject to normal road traffic rules) and Private Estates where the roads are built and maintained by the Body Corporate of the Estate.

This was the exact issue and why this went to the SCA. The roads are property of the city and maintained by the city, but deemed private use, since not anybody can use them.