Motoring31.10.2023

Legal fight against 5-year driver’s licence card expiry loses first round

Afriforum has lost its initial bid to have the five-year validity periods of driving licence cards in South Africa declared unconstitutional.

The North Gauteng High Court in Pretoria dismissed the civil action organisation’s application in the matter on Monday, 30 October 2023.

In his ruling, Acting Judge JJ Strijdom explained that Afriforum had submitted its appeal against the driving licence card regulations too late and had not provided sufficient reasons for the delay.

Strijdom ruled that Section 172 (1) of the Constitution could not be interpreted that a court must entertain the merits of every review, regardless of the delay and the absence of a proper justification for that delay.

“If it meant that there would be no scope for the delay rule in our common law, section 7 of the Promotion of Administrative Justice Act would be meaningless,” Strijdom’s judgment stated.

“I concluded that the explanation for the delay offered by the applicant is not reasonable and failed to cover the entirety of the period of the delay.”

“In the result, the application is dismissed with costs, including the costs of two counsel, where applicable.”

Afriforum launched its legal effort against the Minister of Transport and Road Traffic Management Corporation on 8 August 2023.

It argued that the regulations that allow for the expiry of licence cards were unlawful and irrational because they conflicted with the National Road Traffic Act (NRTA), which states that driving licences themselves can never expire.

It maintained that the card validity periods were:

  1. Inconsistent with the provisions of the NRTA, which makes no reference to or provision for a “driving licence card” that is valid for a period less than the prescribed period of validity of a driving licence.
  2. Inconsistent with NRT Regulation 101(2)(a), in which the Transport minister has exercised his power to prescribe the period of validity of a driving licence as indefinite.
  3. Not related to any power of the Transport Minister to regulate the operation of a vehicle on a public road, and also not related to the better carrying out of the provision or the achievements of the NRTA. 
  4. Unreasonable and irrational, in that there is no apparent reason for the Transport Minister prescribing a five-year period of validity.  

Afriforum also wanted any fines or penalties imposed for expired driving licence cards to be declared invalid.

The Organisation Undoing Tax Abuse (Outa) previously raised doubts over Afriforum’s legal arguments, despite also supporting the extension of the card validity periods.

“We believe that if you read the NRTA and the regulations together, it is clear that the intention was to create a process for a driving licence card, as proof that you have a licence (that does not expire), to be renewed every 5 years,” said Outa executive for accountability, Stefanie Fick.

“It is accepted practice worldwide that licences or licence cards must be renewed.”

Case dismissed on “technicality” and not merits — Afriforum

Afriforum campaign officer Louis Boshoff described the decision as a “slap in the face” of responsible drivers in South Africa.

“This court ruling validates the Department of Transport’s licence to underperform, which never expires,” Boshoff said.

“The department is unable to issue license cards on time, but law-abiding citizens are then fined for it.”

He also said that it was unfortunate the court refused condonation for the late filing of the review application based on a “technicality” instead of dealing with the merits of the case.

“The contradiction in the law is obvious,” said Boshoff.

“The Department of Transport can no longer distinguish between competent and incompetent drivers — they have failed the largest driver’s license test in the country,” Boshoff added.

Afriforum said its legal team was investigating the possibility of an appeal.


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