Sameera Casmod | sameerac@radioislam.co.za
29 August 2023 | 10:30am SAST
2-min read

Picture: OUTA

Civil organisation OUTA (Organisation Undoing Tax Abuse) has undertaken an investigation after receiving complaints regarding the use of old fines by traffic authorities to issue enforcement orders, demanding immediate payment before allowing license renewals. In an interview on Radio Islam International, OUTA’s legal expert advocate Stephanie Fick discussed the matter.

OUTA’s engagement with the Road Traffic Infringement Agency (RTIA) comes in response to mounting complaints from motorists who have faced difficulties renewing their vehicle or driving licenses due to alleged unjust enforcement orders.

Fick noted that motorists were often unaware of their outstanding infringement notices, as required by authorities. Fick further emphasised that the proper process wasn’t consistently followed, leaving motorists ill-prepared and struggling to navigate the system when attempting to renew their licenses.

Of particular concern is the use of enforcement orders based on old fines. Fick disclosed that the practice has been in place since at least 2019, with fines accumulating over several years without proper resolution.

Fick acknowledged that traffic authorities have the right to issue enforcement orders based on proper procedures, but noted that in some cases, due process was not followed. She referenced previous legal cases to underscore the importance of adhering to legislative processes to ensure fairness.

Fick highlighted the practical implications faced by motorists in dire need of license renewals. If outstanding fines or warrants are identified while motorists are in the queue, she advised them to assert their rights and challenge refusals. Fick emphasised that legislation allows for license renewals, even in the presence of outstanding fines, unless a proper enforcement order is issued.

“They cannot refuse to renew your licenses if you have outstanding fines.”

She encouraged individuals to go to another licensing department if need be. Alternatively, Fick suggested that motorists can approach a manager, or seek assistance from organisations such as Fines For You if needed.

Furthermore, Fick outlined the process that should be followed when a motorist receives a fine for a traffic offense. She urged motorists to be proactive, assess the situation, and make an informed decision on whether to pay the fine, contest it, or opt for trial in court.

The discussion also touched upon the AARTO (Administrative Adjudication of Road Traffic Offences) system, highlighting the need for proactive action, whether in Johannesburg or Tshwane, where AARTO is applicable. The principle of making representations remains crucial, especially given the challenges with the system’s updates.

Listen to the full interview on Sabaahul Muslim with Moulana Junaid Kharsany here.