“Classify driving under the influence of alcohol (DUI) as a schedule5 offence like rape and murder, and punish offenders as such.”
That is the Road Traffic Management Corporation’s position, which has sparked debate among South Africans. The RTMC’s call comes as the festive season draws close.
According to 2017/18 crime statistics, DUI cases went up by 14.8% on a total of 86 160 recorded in 2016/18.
Justice Project SA chairperson Howard Dembovsky argued that the courts must throw the book at offenders, but called the proposed reclassification a misinterpretation of the law.
“Adv Makhosini Msibi (RTMC CEO) misquotes what legislation prescribes for minimum sentences.
“Minimum sentences are not defined in terms of the Criminal Procedure Act. They are defined in terms of the Criminal Law Amendment Act,” said Dembovsky.
“He (Msibi) is openly declaring to the country that it is his intention to abuse the provisions applicable to bail in order to punish people for an allegation that has not yet been proven. The sole reason he is coming up with this nonsense is because the conviction rate for driving under the influence of alcohol is incredibly low.
“This because of inefficiencies and incompetencies of the state to prove their allegations,” Dembovsky said.
RTMC spokesperson Simon Zwane argued that DUI was a big deal and there should be harsh consequences for the offence. He said a “process is underway” to deal with the scourge.
Meanwhile, the Department of Health welcomed the call.
“DUI, and drinking and walking is part of what we call the quadruple burden of diseases in South Africa.
“The reclassification will go a long way in mitigating the devastating effects of the abuse of alcohol,” said health spokesperson Popo Maja.
SA Against Drunk Driving (SADD) said the reclassification could be a deterrent, but it called for more instant, effective ways, as amending the law could take years.
“At present many people think DUI is acceptable and something to be proud of,” said Smit.
“There is a huge economic cost to the fiscus - the overburdening of health-care facilities and claims for disability from the Road Accident Fund (RAF), etc.”
RAF chief marketing officer Phumelela Dhlomo cautiously welcomed the proposal.
“The RAF will support initiatives that are legally permissible, having regard to the Constitution and applicable laws, and that will result in a reduction in the number of injuries and fatalities resulting from motor vehicle accidents,” Dhlomo said.
The RAF said during the 2017/18 financial year claims worth R34.6billion were paid, however there was an unfunded liability of R206.3bn due to increasing road accidents and the unsustainability of the current compensation system.