Johannesburg – The Organisation Undoing Tax Abuse (Outa) is compiling a class action and looking at other legal avenues which will compel the Road Traffic Infringement Agency (RTIA) and relevant metros to withdraw all unlawfully processed traffic fines, Outa said on Saturday.
"Outa congratulates Fines-4-U and their client Audi Centre Johannesburg on the win against an appeal by the Road Traffic Infringement Agency as regards the unlawfulness of the Aarto [Administrative Adjudication of Road Traffic Offences Act] traffic fine process applied in Johannesburg and Tshwane," Outa chairman Wayne Duvenage said.
It was clear to Outa that the traffic infringement authorities had not applied themselves in accordance with the legal processes and regulations under the Aarto Act, as required by law, from as far back as 2008, he said.
"As per the judgment issued by [High Court] Judge [Bill] Prinsloo on 5th May 2017 for this case... the public now has every right to challenge authorities refusing to renew vehicle and drivers' licences where enforcement orders are in place as a result of traffic fines illegally issued in Johannesburg and Tshwane.
“This judgment is a win [for] the people and a sure sign that active citizenry, when applied effectively, holds authorities accountable for unjust actions," Duvenage said.
"What matters first and foremost is the authorities conduct themselves within the laws of this country before they expect citizens to do the same. As a result of the ruling in favour of the people Outa is compiling a class action and other legal avenues which will compel the RTIA and relevant metros to withdraw all unlawfully processed traffic fines.
“This does not suggest Outa supports the idea of unlawful conduct on our roads; it means the authorities need to take the matter of law enforcement seriously. Furthermore, it is important the RTIA shifts its policy of treating traffic enforcement as a revenue generating tool to one of addressing road safety issues," Duvenage said.