Driver’s licence extortion in South Africa
A MyBroadband reader was told they would be arrested if they ever get pulled over in a roadblock thanks to an unpaid R370 fine from 2018 that they were never informed about.
The only reason the reader found out about the outstanding fine is because the Electronic National Traffic Information System (eNatis) blocked them from renewing their driving licence.
“I am a law-abiding citizen. I pay my taxes. I even pay my e-tolls even though I don’t agree with it. Yet I am treated like a criminal,” the motorist told MyBroadband.
He said that other than this one fine from 2018, he never breaks the speed limit and never gets fines.
He got the shock of his life when he logged onto the eNatis system only to be informed that there was an enforcement order or warrant of arrest out for him.
After gathering his wits, he phoned the eNatis call centre, and the agent he spoke to said a warrant for his arrest had been issued for driving between 71km/h and 75km/h in a 60km/h zone.
“The call centre agent informed me that to renew my driver’s license, I will be required to pay the fine as the system will not allow me to obtain a booking slot otherwise,” the motorist said.
“She went on to say that this is a directive given to them and that I will be arrested in a roadblock if the fine is not paid promptly.”
The online booking slot system is a separate debacle, with people complaining that they cannot get slots to renew their driving licences.
There are also allegations that individuals and organisations are manipulating the system and selling slots.
eNatis warning of an outstanding enforcement order and/or arrest warrant when renewing driving licence
The MyBroadband reader said that he promptly paid his outstanding fine but added that he had big concerns over what happened to him:
- He was never made aware of the fine.
- If the fine is valid and legal, it is a minor offence. Yet, he is threatened with arrest and prevented from renewing his driving license.
“This is extortion,” he said.
The motorist said that he believes the fine was improperly issued and that he can’t legally be blocked from renewing his licence.
Yet, there is no opportunity for him to exercise his right to dispute the fine.
“I am seriously gatvol,” he said.
“I go out of my way to make sure I obey all laws, regardless of my personal views on the absurdity of some of them, yet why am I being treated like a criminal?”
Wayne Duvenage, the CEO of the Organisation of Undoing Tax Abuse (Outa), said that, unfortunately, many motorists are confronted with problems like this.
He agreed that as far as Outa was concerned, this was indirect extortion.
Citizens are being coerced into paying fines instead of standing up for their rights, he said.
“Firstly, the chances that he received the original fine on time, which would have given him the opportunity to pay and receive the 50% ’early payment’ (30-day) discount, is slim to zero,” Duvenage stated.
“Thus, his point is valid — not only in the receipt of the fine on time — but if he received it at all.”
Duvenage said that there is a chance that the call centre staff member had it wrong.
While the fine might have been outstanding, there may very well have been no enforcement order attached to it.
“This means that there probably wasn’t a warrant of arrest,” said Duvenage.
He said they have heard of many cases where the licensing department refused to renew licences because a motorist only has outstanding fines.
However, they can only refuse to renew your licence if there are outstanding fines with enforcement orders against your name.
“We don’t believe there can be a warrant of arrest for a minor infringement of this nature, so he was most likely being misled in order to be ‘coerced’ to pay,” Duvenage stated.
Wayne Duvenage, Organisation for Undoing Tax Abuse CEO
Duvenage explained that the proper procedure before an enforcement order can be applied is for registered mail notifications to be sent.
The Road Traffic Infringement Agency (RTIA) has not been doing this for at least as far back as this fine was processed, according to Duvenage.
“The driver has a strong case to challenge and win this if he wants to challenge it,” he said.
“The problem is that people don’t understand their rights, or have the time to challenge it, or the money, so they end up paying. Especially when the situation arises when they try to renew their vehicle or drivers license.”
Duvenage said that this is a matter that has been tested in court by Fines4U, which won the case on behalf of one of their customers.
“We believe the RTIA are aware that they are pushing the envelope in these matters but continue to simply apply this ‘illegal’ and immoral process,” said Duvenage.
He said that the RTIA knows full well that road users are not receiving their fines, or, at least, the RTIA is unable to prove whether motorists received their fines.
“It’s nothing short of a shambles and needs to be addressed,” said Duvenage.
“Alas, the Department of Transport and RTIA are not in a position to sort this out and haven’t been able to do so for years. ”
Now read: New traffic fine system rollout begins in South Africa — when demerit points kick in
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