Fines4u wins judgement against JMPD
JMPD found guilty of some unfair and illegal practices.
Roodepoort — Traffic Fines Management company Fines4U (Pty) Ltd has been awarded a judgement against the Johannesburg Metropolitan Police Department, ordering the JMPD to stop violating the rights of the company by abusing and interfering with processes under the AARTO Act.
In November 2012, Burger Attorneys, on behalf of Fines4U and Vaal Car Hire filed an application citing five illegally served AARTO infringement notices sent by the JMPD and the ensuing illegal actions taken by the JMPD.
The Johannesburg Metropolitan Police Department, Johannesburg Metropolitan Municipality, Gauteng MEC for Community Safety, Road Traffic Infringement Agency, Minister of Transport and Minister of Police were cited as respondents.
Only the JMPD and the Johannesburg Metropolitan Municipality decided to oppose the application and in December 2012 the JMPD cancelled the five infringement notices in a clear attempt to render the application moot. The matter was heard in the South Gauteng High Court on 29 January 2014 and judgement was reserved.
Justice Andre Gautschi awarded judgement in favour of Fines4U and Vaal Car Hire, with costs against the Johannesburg Metropolitan Municipality and JMPD on 25 February 2014.
In his judgement, Justice André Gautschi ruled that a proxy for a juristic entity is entitled to elect to be tried in court under AARTO and affirmed that the appointment of representations officers in the employ of the JMPD up to 22 December 2012 was unlawful and in direct contravention of the AARTO Act, and a determination of the Minister of Transport.
“This judgement shows that despite taking a long time and requiring significant financial investment, justice does prevail if you have the guts and determination to go the distance, not to mention the funds to invest in good legal arguments,” said Howard Dembovsky, chairman of Justice Project South Africa.
“We congratulate Fines4U for showing the moral fortitude not simply to roll over and let the threats of the JMPD force them into capitulating to unfair and illegal practices,” he concluded.
• Details: Cornelia van Niekerk of Fines4U on 082 449 2274 or Anton Burger from Burger Attorneys on 083 460 8109.
