MEDIA RELEASE – FOR IMMEDIATE RELEASE
TO: ALL NEWS EDITORS
SUBJECT: STRANGE LOOKING AARTO FINES
ISSUED BY: JUSTICE PROJECT SOUTH AFRICA
DATE OF ISSUE: WEDNESDAY 18 AUGUST 2010

Following the illegal issue of numerous AARTO infringement notices by standard surface mail, many of which bore tripled fine values when issued to juristic persons, now apparently due to an “IT glitch”, recently received AARTO 03 infringement notices starting with 02-4099 have been received by many motorists bearing undecipherable information.

The problem appears to have been caused by incorrect data field mappings that cause the wrong field information to be imprinted on the notices and includes:

•   No city/town under the location heading.
•   No general location under the infringement particulars.
•   Speed readings = names of jpeg images – not the speed measured.
•   Penalty = blank.
•   Discount = Rand amount of the full penalty amount (i.e. 100% discount).
•   Discounted amount = 0 (i.e. NOTHING PAYABLE)
•   Charge Type = blank.
•   Demerit points = Minor infringement (For your warning. Not applicable yet)
•   Issuing authority = R0.00
•   Camera operator = R0.00
•   Infrastructure number = JMPD.


In addition, no details on these notices appear on payfine.co.za which comes back saying “no records found”. This has added to the angst of many members of the public since it is highly unusual for payfine.co.za not to have notices issued by the JMPD on their database – even though it is not unusual for no photographs or pertinent details of the alleged infringement (or offence as payfine calls it) to be displayed – even on very old notices.

People who have contacted aartoenquiries@rtmc.co.za have in many instances been told to fill in an AARTO 08 representation form in reply to their queries.

Many people who have contacted JPSA to enquire about these notices have suspected that some kind of criminal activity was taking place but JPSA assures the public that this is not the case. We immediately addressed the issue with the acting registrar of AARTO on Monday 16 August 2010, and followed this up with a phone call on Tuesday morning but have heard nothing since.

According to the considered opinion of Attorney Anton Burger, these errors nullify these notices and the reissue of them would not be legal since “Ultra Vires” (beyond the powers of the authorities due to delegated powers or requisite procedures have not been observed) would apply. The issuing authority should have checked that the notices were correctly issued prior to sending them out.

JPSA agrees that the correct procedure is to complete an AARTO 08 representation form and advises that this procedure be followed but that affected parties clearly state that the notice must be withdrawn in its entirety due to “Ultra Vires”.

Contacts:

Howard Dembovsky – JPSA – 082 418 6210 – howard@jp-sa.org .
Anton Burger – Burger Attorneys – 083 460 8109 – anton@blaw.co.za .

Best Regards,

Howard Dembovsky
National Chairman - Justice Project South Africa

“Even if you're on the right track, you'll get run over if you just sit there” – Will Rogers
Mobile: +27 (0) 82 418 6210
Fax: +27 (0) 86 647 3293
Website: www.jp-sa.org
"Evil can only triumph where good people do nothing"