A ZULULAND motorist said her lawful right to defend herself was violated when she was held up at a blockade by a private company contracted by the City of uMhlathuze and ‘forced’ to pay outstanding traffic fines.
The 27-year-old Empangeni resident Megan Erasmus said her routine drive to work on Wednesday literally ‘cost her a fortune’ as she was pulled over for outstanding fines totalling R5 750 on the John Ross Parkway near Richards Bay.
Erasmus told the Zululand Observer she was forced to pull out her credit card and pay a portion of the amount, on the spot, for fines which had not been previously issued to her.
‘The traffic official employed by Traffic Management Technologies (TMT) asked for my licence and came back with a printed statement of 22 traffic fines dating back to 2012 totaling R5 750. This page had no valid proof that these fines belonged to me, no reference numbers and not even a picture of my vehicle,’ said Erasmus.
In October 2013, Erasmus had specifically checked for outstanding fines when she renewed her licence.
‘I had no fines when I checked the last time so I was completely shocked. The traffic official told me: ‘We are all humans so just pay a portion of it now so you can be allowed to go and the balance you can resolve at the Traffic Department’. She then marked off on the statement which fines should be paid on the spot,’ Erasmus said.
The startled motorist said she felt ‘she was kidnapped’ as she was forced to pay R1 000 before she was given her driver’s licence and allowed to leave.
‘They found me guilty without giving me a chance to defend myself and without any valid proof.
‘I was also told that there are two types of road blocks; one where fines are issued and another where warrants of arrests are issued, similar to my case. I was left with no choice but to pay because I would have been arrested if I did not comply,’ said Erasmus.
According to Gielink Attorneys Specialist Criminal and Labour Attorney Yolanda Gielink, fines issued by TMT did not form a basis for a warrant of arrest.
‘A summons must be issued first and there must be an opportunity to defend yourself.
‘Fines issued on the spot after being pulled over are legitimate traffic fines and when they are not paid by the court date, the court then has the power to authorise a warrant of arrest, not TMT officials,’ she explained.
Hired by the municipality as the sole service provider in traffic speed management, TMT is also responsible for electronic tariff collection on behalf of uMhlathuze.
All utter nonsense as dam hard working south african tax payers who are getting ripped of in dis country this is sumthng we jus need now to pulled over en made pay ur fines we all sumtimes hve unpaid fines we’re as sumtimes we can’t afford it bt sort it out sooner or l8r,if a murdere can get a chance to defend hmself y can’t we 4 a fine bt jus like dat we should al use da line ‘I neva ask 4 it and nt gna pay’qouted by u knw wo
That is the ultimate corruption to get their fellowpartners fines out of innocent people. You are a disgrace to South Africa!
What happened to the justice system. We are been violated by the same persons who need to up hold law and order and all that the authorities sees is dollar signs to make there targets and prey on the weak instead off fighting real issues b
This has more serious implications since paying a fine- can mean you admitting a crime and there will have a criminal record. This action is totally unacceptable- Insist on the summonses and due process.