Fines4U CC and Another v Johannesburg Metropolitan Police Department and Others (42649/2012) [2014] ZAGPJHC 23; [2014] 2 All SA 408 (GJ); 2014 (4) SA 89 (GJ) (25 February 2014)

Fines4U CC and Another v Johannesburg Metropolitan Police Department and Others (42649/2012) [2014] ZAGPJHC 23; [2014] 2 All SA 408 (GJ); 2014 (4) SA 89 (GJ) (25 February 2014)

The court held that a proxy for a corporate body is entitled to exercise all options available to an infringer under section 17(1)(f) of the AARTO Act, including the election to be tried in court. The issuing authority is not obliged to reply to every representation made under section 18, but must reply within the prescribed time if it chooses to do so. The appointment of JMPD employees as representations officers was unlawful and contrary to the statutory scheme, but this practice had ceased. The failure to register infringement notices on the National Contraventions Register prior to 22 December 2012 was unlawful, but the system was now compliant. The cancellation of the five...

Citation
[2014] ZAGPJHC 23
Parties
Applicant: Fines4U CC; Applicant: Vaal Car Hire (Pty) Ltd; Respondent: Johannesburg Metropolitan Police Department; Respondent: Road Traffic Infringement Agency; Respondent: Municipal Council for the City of Johannesburg Metropolitan Council; Respondent: Member of the Executive Council for Community Safety, Gauteng Province; Respondent: Minister of Police; Respondent: Minister of Transport
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 February 2014
Case Number
42649/2012
Procedural Posture
Urgent Application / Final Judgment on Application for Mandatory Interdicts and Costs
Outcome
Application granted in part; mandatory interdict issued compelling respondents to accept proxy election for trial in court; costs awarded to applicants.
Judges
André Gautschi
Legal Topics
Administrative Adjudication of Road Traffic Offences Act, Mandatory Interdict, Separation of Powers, Proxy Election, Judicial Review, Costs Award
Administrative Law Civil Procedure Administrative Adjudication of Road Traffic Offences Act Mandatory Interdict Separation of Powers Proxy Election Judicial Review Costs Award

Case Brief

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Parties

Fines4U CC

Applicant

Vaal Car Hire (Pty) Ltd

Applicant

Johannesburg Metropolitan Police Department

Respondent

Road Traffic Infringement Agency

Respondent

Municipal Council for the City of Johannesburg Metropolitan Council

Respondent

Member of the Executive Council for Community Safety, Gauteng Province

Respondent

Minister of Police

Respondent

Minister of Transport

Respondent

Procedural Posture

Urgent Application / Final Judgment on Application for Mandatory Interdicts and Costs

Legal Issues

  1. 1 Whether a proxy for a corporate body may elect that the corporate infringer be tried in court under section 17(1)(f)(iv) of AARTO.
  2. 2 Whether the issuing authority is obliged to reply to all representations made under section 18 of AARTO.
  3. 3 Whether representations were considered by properly appointed representations officers as required by AARTO.

Ratio Decidendi

The court held that a proxy for a corporate body is entitled to exercise all options available to an infringer under section 17(1)(f) of the AARTO Act, including the election to be tried in court. The issuing authority is not obliged to reply to every representation made under section 18, but must reply within the prescribed time if it chooses to do so. The appointment of JMPD employees as representations officers was unlawful and contrary to the statutory scheme, but this practice had ceased. The failure to register infringement notices on the National Contraventions Register prior to 22 December 2012 was unlawful, but the system was now compliant. The cancellation of the five...

Court Disposition

Application granted in part; mandatory interdict issued compelling respondents to accept proxy election for trial in court; costs awarded to applicants.

Orders

  • The first and third respondents are compelled, in the event of Ms van Niekerk as proxy for the recipient of an infringement notice duly electing that the infringer be tried in court in accordance with section 17(1)(f)(iv) of the Administrative Adjudication of Road Traffic Offences Act, 46 of 1998, to accept such...
  • The first and third respondents are ordered to pay the costs of this application, jointly and severally, the one paying the other to be absolved, such costs to include the costs of two counsel.