Statute of Limitations

[KingBel]

Hi,

Does anybody know what the statute of limitations is on traffic fines? I have a few fines from 2009 (Cape Town), that I was not able to pay at the time (somebody else was using my car and eventually did not pay me).. so the amount of time lapsed and i was no longer able to pay them online. Since then I moved to Gauteng... should i just go into the nearest traffic authority and pay them even though I have missed the court dates?

 

[KalMaverick]

Thirty years.

 

[somescrub]

eNatis is a umittigated dissaster. what you get when you take a small Access database, throw R400 million rand at it and try to roll it out country wide.
Check to see if there is a record of your fine on payfines.co.za if so then you will have to pay it, otherwise forget about it.

There is no statute of limitations on traffic fines under ZA law.

 

[KalMaverick]

eNatis is a umittigated dissaster. what you get when you take a small Access database, throw R400 million rand at it and try to roll it out country wide.
Check to see if there is a record of your fine on payfines.co.za if so then you will have to pay it, otherwise forget about it.

There is no statute of limitations on traffic fines under ZA law.

Really, where did you get that?

 

[KingBel]

the fines are listed on payfine.co.za, but status says "Date has passed, offender must go to court" and I am unable to pay the fine online. The court date has passed a while back, so I am sure that there may be warrants of arrest out for those fines... can i just go to the traffic department here in joburg, tell them the ref numbers and pay the amount, probably including some penalty??

 

[somescrub]

Really, where did you get that?

http://beta.mnet.co.za/carteblanche/Article.aspx?Id=3981
Advocate Andries Cornelius (council of debt collectors)- as interviewed on carteblache.

http://www.insurancechat.co.za/tag/justice-project-and-traffic-fines/
Howard Dembovsky
National Chairman - Justice Project South Africa (NPC)




@KingBel: well it looks like a summons was issued, but a judgement may not have been passed. I would suggest to consult legal council before walking into a traffic department as there seems to be a huge amount of scams and confusion about this issue. They might just arrest you there and then. so would be good to understand the process and your rights.

 

[KalMaverick]

http://beta.mnet.co.za/carteblanche/Article.aspx?Id=3981
Advocate Andries Cornelius (council of debt collectors)- as interviewed on carteblache.

http://www.insurancechat.co.za/tag/justice-project-and-traffic-fines/
Howard Dembovsky
National Chairman - Justice Project South Africa (NPC)

Interesting.

According to the prescription act it is 30 years.

Your second source says nothing about there being no statute of limitation and in fact Howard Dembovsky thinks the period is between 18 months and 2 years.

 

[somescrub]

Interesting.

According to the prescription act it is 30 years.

Your second source says nothing about there being no statute of limitation and in fact Howard Dembovsky thinks the period is between 18 months and 2 years.

Taken from the prescription act which indeed does put 30 years on judgement debt and 3 years on other debts. however there is a section of the act which excepts Traffic debts/offences.

Administrative Adjudication of Road Traffic Offences Act, No 46 of 1998

5.28 Section 31(2) provides:

31 Penalties

(2) The laws on prescription are not applicable to penalties, and they may be collected at any time.

5.29 This provision does not provide for a prescription period.

 

[KalMaverick]

Ah, thank you. It seems you do learn something new everyday.

So there we go, no statute of limitation on traffic fines.