Cape Town - The City of Cape Town has rejected an arbitration ruling that a senior traffic officer would have flouted the law if she had obeyed an instruction to return the keys of an unlicensed driver.
“The commissioner is completely wrong,” said JP Smith, mayoral committee member for safety and security.
“Traffic officers do not have the authority to impound vehicles or withhold the keys of motorists.”
Nomfundo Nkomo, who was dismissed last year when she disobeyed an instruction from her principal inspector to allow an unlicensed driver to collect his vehicle, was supposed to resume work on September 22 after the SA Local Government Bargaining Council ruled in her favour.
But Richard Bosman, executive director of safety and security, confirmed on Wednesday that the city would take the matter under review.
“Officer Nkomo will therefore not return to work on the date stipulated.”
In an interview with 567 CapeTalk, Bosman said that while Nkomo had acted correctly by pulling over a vehicle that was driving problematically, she did not follow procedure when it came to withholding the keys of the owner of the vehicle, who did not have a driving licence.
“When an officer confiscates a car, you book it in or you take it to the police station.”
He said Nkomo had merely parked the car at the traffic department for two days and then refused to return the owner’s keys when he returned.
But Nadine Simons, who represented Nkomo on behalf of the SA Municipal Workers’ Union (Samwu), said the charges brought against Nkomo by the city had nothing to do with the impoundment or “safekeeping” of the vehicle.
She was charged with insubordination and for bringing the city into disrepute.
Simons said the findings of Commissioner Ilse de Vlieger-Seynhaeve supported the view that if Nkomo had followed the instruction, she would have put the lives of other road users at risk.
“The city is wasting taxpayers’ money (by challenging the arbitration). Nkomo did nothing wrong.”
The city is also looking into allegations by Nkomo that two principal inspectors were involved in helping the unlicensed motorist get his traffic fines withdrawn by approaching the court directly on his behalf.
“The city can confirm that a forensic investigation is under way into this matter,” said Bosman.
Samwu’s Andre Adams said it was the behaviour of the city’s senior traffic management that had in fact brought the metro into disrepute.
According to the city’s April to June 2014 traffic report, 4 121 drivers stopped during general enforcement operations were unlicensed.
A further 3 207 motorists could not produce their licences when they were pulled over.
Cape Argus