12 May 2017, Cape Town: The Pretoria High Court ruled motorists can go to court together in a class action to challenge laws that allow municipalities to refuse to renew your license unless your traffic fines are paid up.
In February, Judge Bill Prinsloo dismissed The Road Traffic Infringement Agency’s (RTIA) application to appeal an earlier judgement.
The agency was taken to court by the Audi Centre Johannesburg and its fines administrator, Fines4U, in a bid to have hundreds of fines issued under the Aarto Act reviewed and set aside.
National Chair of Justice Project SA Howard Dembovsky explains.
The basis that the review judgment was brought is that the outcome of those representations were tainted with bias, they were irrational and they were taken without the mandatory, statuary, prescribed processes being followed.
Now that does not necessarily mean that everybody who has ever been issued an auto infringement notice will have exactly the same circumstances as the particular infringement notices in question.
I would be interested to see how a class action could actually be put together in this particular regard. What it does do, however, is give people grounds to make representation that the processes were not followed and therefore those infringement notices should be withdrawn against them.
Howard Dembovsky, National Chair of Justice Project SA
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