Archive for December, 2011

Justice Project SA warns about legality of immediate driving license seizure

No Comments »Written on December 30th, 2011 by jonckie
Categories: Aarto, Legal, Traffic Fines
Tags: , ,


Since the announcement by the Minister of Transport on 27 December 2011, calling for the immediate seizure of driving licenses wherein it was said that “drivers arrested for any traffic offence must have their driving licenses seized as well as suspended and/or cancelled” and JPSA being asked for comment thereon, we openly stated that there is no legislation that permits any traffic officer to do this.

This has resulted in a flurry of actions and statements to justify this call, as well as a retraction by the Minister, which was then followed up by a reinstatement of seizures by the Acting CEO of the RTMC, Collins Letsoalo on eTV News where he stated that authorities would indeed “seize them and give them back to alleged offenders once they have appeared in court.” JPSA’s and my standpoint on this matter has by contrast, remained constant but we do now feel that there is a need to clarify things thoroughly.

Collins Letsoalo quoted section 25(1)(b) of the National Road Traffic Act as the basis on which this will be done. Interestingly enough, JMPD spokesperson, Wayne Minnaar also made a statement to a newspaper that the JMPD will do as has been instructed (seizing licenses), thus showing that they are prepared to selectively act upon some orders given to them, whilst they disregard and ignore others (like that given to them to cease issuing unlawful infringement notices). This also comes after it was reported to the JMPD that one of their officers was stealing driving licenses from people to whom he issues infringement notices.

There appears to be a significant degree of confusion with respect to Section 25 of the National Road Traffic Act, wherein executive powers are indeed granted to the CEO of the Road Traffic Management Corporation to suspend and/or cancel the driving licenses of persons who hold such documents under certain conditions.

Prior to the National Road Traffic Amendment Act’s proclamation in 1999, this power was conferred on the Transport MEC for each province however in terms of the National Road Traffic Amendment Act which has been incorporated into the latest version of the National Road Traffic Act, MECs no longer possess this power and it is now the exclusive property of the CEO of the RTMC. We therefore wonder why it is that official Department of Transport statements are spreading misinformation by making reference to Transport MECs having this power, when it was withdrawn when it was transferred to the CEO more than 10 years ago.

Notwithstanding the fact that this section does indeed exist and grant powers to the CEO, like all legislation, it cannot be read and acted upon in isolation, and it would appear that other provisions of Section 25 are not being taken into account. Reading Section 25(1)(b) in complete isolation of the rest of this section makes it appear that the CEO may suspend/cancel anyone’s license at will, but this is not the case.

Section 25(2) through (10) of the said legislation makes it very clear that any such person as the CEO may determine to be a candidate for suspension or cancellation of their driving license should be subjected to a re-test with respect to the class/es of driving license held, after which their driving licence may be cancelled if they are found to be incompetent.

The Act makes no reference whatsoever to the CEO having the power to decree that traffic authorities should be allowed to exercise his powers, nor does it suggest that deputation or traffic officers/authorities may take place. Furthermore, there is a strong likelihood that the National Road Traffic Act is in respect of this provision, in conflict with the Promotion of Administrative Justice Act, which requires administrative action that is lawful, reasonable and procedurally fair.

Should the current Acting CEO exercise these powers, it is questionable whether such actions by him would be lawful at all, given the fact that the Labour Court has already found his appointment to have been irregular, invalid and unlawful on 10 March 2011. Mr Collins Letsoalo has said that the matter is being appealed but to date, no evidence of this being the case has been forthcoming and the appeal cut-off date has been exceeded.

In light of this fact, any action or order he takes or gives would be deemed as being unlawful and Ultra Vires (beyond his powers) due to the findings of the court unless the matter is in fact on appeal and evidence of this can be provided. It would therefore be wise to leave the suspension and/or cancellation of driving licenses to the courts, which work on a little thing called evidence and require convictions prior to imposing sentences and punitive measures.

It is unclear whether the Acting CEO has indeed acted on his perceived powers thus far, but it has been suggested that he has done so and therefore it would not be unreasonable to expect that legal challenges will ensue once people come to understand that his actions are unlawful. Additionally, the consequences surrounding grounds for litigation in the event that a person’s driving licence was suspended or cancelled prior to conviction where such person were to be acquitted by a court are simply too mind-boggling to contemplate.

There can be no doubt that the continued carnage on our roads is, to coin a phrase, “unacceptable” and that decisive and well thought out plans and measures must be taken to stem the tide of people being maimed and killed on our roads. However, the blanket seizure/suspension/cancellation of driving licences of persons accused of road traffic offences prior to trial and conviction is dangerous ground to be treading on.

Granting executive powers in an irresponsible manner, especially to people who have little or no experience in matters with which they are dealing is reckless at best and should be avoided at all costs.

We maintain our stance that traffic officers have no lawful powers to seize driving licenses of people they arrest and that suspension and/or cancellation thereof must remain a function of competent courts. We again reiterate that AARTO contains mechanisms to impose demerit-points on and/or suspend or cancel driving licenses and this has been stalled by the RTMC and Department of Transport.

JPSA is and remains committed too true, well thought out, planned and executed road safety initiatives and is signatory to the United Nations Decade of Action for Road Safety 2011-2020. We will not however support unlawful actions being taken or practiced by anyone and will not keep quiet when they are.

Best Regards,

Howard Dembovsky
National Chairman - Justice Project South Africa (NPC)
Association Not For Gain | Incorporated as a non-profit company under the Companies Act, 2008 | Registration

Shift in attitudes necessary for South Africa to reach road safety goals

No Comments »Written on December 29th, 2011 by jonckie
Categories: Vehicle
Tags: , , ,

South Africa will never achieve its target to reduce road traffic casualties by 50% in the next decade if road users don’t start taking road rules seriously.

So says Auto & General’s spokesperson Angelo Haggiyannes who says that the disregard of road traffic rules, nonchalance towards car maintenance and the equally blasé attitude to drinking and driving amongst many South African drivers is concerning.

After a series of horrendous crashes on South African roads led the Transport Minister Sibusiso Ndebele to slate August 2011 as a ‘horrifying month for road crashes and deaths’, the carnage continues with shocking stories of people losing their lives on the road thanks in part to poor driver discipline and negligence.

On the 15th of September a family of four, including a one year old baby and a three year old toddler, were killed in a widely-publicised accident in Pretoria, and nine school children died in an accident near Pietermaritzburg. In the Pretoria accident, none of the vehicle occupants were wearing a seatbelt. In the Pietermaritzburg crash, the children were travelling unstrapped on the back of a bakkie.

Haggiyannes says that drivers, passengers and pedestrians alike should have the self-discipline to obey the rules of the road and behave responsibly.

“When you drive without buckling-up because nobody’s watching, skip stop streets because there are no other vehicles in the near vicinity, and speed because the road you’re on is quiet, you are only fooling yourself. Negligence, speeding and alcohol are factors in the majority of road accidents, regardless of whether or not anyone is watching.”

With intensified efforts to makes SA’s roads safer, there are more eyes on motorists than ever, and thousands are being brought to book for poor road behaviour.

According to information on www.arrivealive.co.za, more than 18 000 drunk drivers have been arrested and some 50 000 unroadworthy vehicles have been removed from the roads since the announcement of the new National Rolling Enforcement Plan (NREP) by Minister Ndebele on 10 September 2010.

Between the 1st of October 2010 and 31 August 2011, 12,984,120 vehicles and drivers were stopped and checked, and over 5.5 million fines have been issued for various offences. In August 2011, which will be notoriously remembered for the 76 lives lost in eight crashes involving public transport vehicles, 769 people were arrested for drunk driving, 64 were arrested for overloading passengers or goods, and 88 were arrested for negligent or reckless driving.

Haggiyannes welcomes the increase in law enforcement and commends the many successes of the authorities in identifying and prosecuting lawless drivers but he says the fact that there are so many wrongdoers on the roads in the first place points to a desperate need for a nationally-cohesive approach to bring about change in the behaviour of road users.

“Increased enforcement and visibility of traffic authorities, as well as stiffer penalties for breaches, will help persuade more conscientious driving. However, a shift in attitude is needed. People must take to heart the responsibility they have to themselves, their passengers and other road users to obey the rules of the road, including keeping their vehicles in acceptable running condition and not overloading them. The impetus for sticking to the rules should be to ensure safety, not to avoid being caught breaking them,” he says.

Haggiyannes encourages road users to take their role in making South African roads less dangerous more seriously.

“The stories of the loss of lives experienced in the past few months are heartbreaking. Every road user has a part to play in helping to bring the number of crashes and deaths down. By being conscious and accountable for the actions you take when you get into a car, from wearing a seatbelt and encouraging your passengers to do the same, to remaining within the speed limit, keeping your car in a roadworthy condition and leaving your cellphone alone, you become part of the solution.”

[View the Arrive Alive website for more info on the December carnage on South African roads as more than 1023 lives have been lost on the roads since 1 December 2011!]

How can we transform our kitchens to be environmentally friendly?

No Comments »Written on December 28th, 2011 by jonckie
Categories: Business, Guesthouse and B&B, Restaurants and Hotels
Tags: , , ,

Photo by Gerhard Steenkamp/ Phototalk

The kitchen is very often the heart of the home. It’s a place where laughter is shared, feasts are created and families unite. According to environmentally-friendly insurer, ibuyeco, the kitchen is also one of the best places to start reducing your environmental impact.

Bradley Du Chenne, spokesperson for ibuyeco says: “Transforming your kitchen into an eco-conscience one is neither costly nor complicated. In fact, by doing so, you can actually save money.”

ibuyeco offers tips on making the transition to a more environmentally friendly way of life:

• Use the dishwasher instead of hand washing. As counter-instinctual as this may sound, a dishwasher uses only half the energy, 37% less water and less soap than hand washing dishes does. However, if you fill up one sink with water for washing, and another sink for rinsing, as opposed to letting the water run, you will use half the water a regular dishwasher uses.
• Choose an oven with a self-cleaning option. Whether gas or electric, self-cleaning ovens have higher levels of insulation, resulting in more efficient cooking.
• Replace appliances with energy efficient models. Although you may have to pay a bit more for new fridges, freezers, washing machines and tumble dryers, the cost should be recouped through the reduction in your energy bills. Energy efficient models need less electricity to do the same job as older appliances.
• Reduce the number of unnecessary gadgets. A quick scan through your kitchen cabinets would reveal dusty gizmos that are probably never used. You can pass these on to somebody who might otherwise have bought new appliances, therefore saving emissions from the energy needed to make, transport and package the item.
• Do not use Teflon-coated cookware. Some of the chemicals used in Teflon are toxic and have been linked to female infertility and flu-like symptoms in people when heated in an enclosed area. Scratched Teflon pans are considered to be a potential health hazard.
• Wash only full loads. This makes your washing machine more efficient, saves energy from doing one wash instead of multiple, smaller washes, and also reduces the amount of washing powder you use. Also, choose a lower temperature for the cycle.
• Make use of SA’s bright sunshine. Tumble dryers consume huge amounts of energy, and as a result, add considerably to energy bills. Try drying clothes on a washing line during sunny or windy weather, or on drying racks in your home.
• Recycle or reuse old pots and pans. Donate your old pots and pans to a charity, as this will extend their useful life and keep them out of landfills.

“These suggestions can greatly help you make your living space more environmentally sound. Just attempting a few of these tips will help you achieve a greener lifestyle that can be passed on for your children and their children to enjoy,” concludes Du Chenne.

Photo by Gerhard Steenkamp/ Phototalk

Photos credit to Caramello’s and the Brotherly Love for Coffee and Pastry

Save fuel by adjusting your driving habits!

No Comments »Written on December 26th, 2011 by jonckie
Categories: Vehicle
Tags: ,

The volatile petrol price, which goes up more often than it comes down, leaves many car-owners who are already dishing out a handsome sum on fuel wondering when the next hit will come – and how they’ll afford to keep driving if the price rockets.

Although fuel price fluctuations are a thorn in the side for most average people, Virgin Money -insurance like it should be says that car-owners can save on petrol with better driving habits.

They have collated a few easy-to-implement tips to help car-owners reduce their monthly petrol expense:

Firstly, ensure that your tyres are correctly-inflated. “Keeping your tyres properly-inflated to the level stated by the manufacturer is one of the simplest ways to improve your car’s fuel economy. Aside from reducing fuel efficiency, inadequately-inflated tyres tend to overheat, which jeopardizes your safety and also causes tyres to wear out prematurely,” says Vinay Padayachee, Virgin Money’s Managing Director.

It’s also wise to keep your car in optimal condition. Keep-up with engine maintenance and service your car regularly. Also make sure that spark plugs and filters are changed according to the vehicle manufacturer’s recommendations. All of these factors can influence your car’s efficiency.

Padayachee notes that driving at a moderate speed ensures better fuel economy. On average, a car uses about 15% more fuel at 100km/h, and 25% more fuel at 110km/h than it does at 90km/h. However, don’t think that the slower you drive, the less fuel your car will use. Interestingly, the fuel consumption of an average car increases dramatically at speeds below 50km/h. If your car sounds like it is strained or revving, the chances are that it is chewing petrol.

Another tip is to avoid stop-start driving. Sudden braking and accelerating will impact on your car’s fuel consumption. Don’t tailgate and try to avoid stop-start driving as much as you can by accelerating and decelerating slowly.
It’s also important to not let your engine idle. Idling more than a minute consumes much more fuel than restarting the engine. Prevent fuel wastage through idling by stopping the engine whenever your car is stopped or held up for an extended period.

Last but certainly not least, use your air-con sparingly. Air conditioners can use about 10% extra fuel when operating. However, at speeds of over 80 km/h, your air-con is better for fuel economy than an open window.

“A lot of us are not particularly savvy about petrol-efficiency. A closer look at our driving habits could reveal opportunities for reducing consumption, and thereby reducing costs. You may not have to resort to living off dry bread and black tea in order to keep your car on the road if you make a few changes,” concludes Padayachee.

For Live Traffic on your Route view the TomTom Route Planner

For Route Planning and Weather on your Route : Mapservice

Also view:

Road Safety Tips for the Festive Season

Excessive speed as a vital human factor in road traffic accidents

No Comments »Written on December 24th, 2011 by jonckie
Categories: Traffic Fines, Vehicle
Tags: , ,

Driving is a means to achieve objectives associated with everyday life in our society. At the same time, driving requires a serious responsibility that determine the driver’s safety and that of the other road users within the vicinity. We drive to work, visit friends and relations, and travel to different places-short and long distances-for personal or public activities. A person that cannot plan, organise and manage his precious time effectively and efficiently, he then result to do all things in a hurry. As a result of this, many people drive faster without minding the speed limit and caution signs posted on the road. This reckless driving behaviour becomes an habit which is very dangerous for our live and the lives of other innocent roads users.This bad driving habit has its toll on the state economy because of the huge waste on public health.

Speed in its simplest meaning is an act or state of moving swiftly; swiftness; velocity: rapidly; rate of motion. Speed is defines as exceeding the posted limit or driving too fast under stipulated or normal condition. Speeding is deemed to have occured when an individual is travelling above the accepted legal speed limit on any city or urban road. Speed limit varies between roads. It is an obligation by the law of any sovereign country, that its traffic authority (lead agency) whose their principal objective is to save lives and reduce related road traffic accidents and trauma have to signify any change in speed between roads. Speed limits are introduced to promote greater road safety and prevent environmental pollution such as noise and smoke.

In a safety research conducted by the Centre for Automotive Safety Rresearch at Adelaide University in South Australia few years ago, it was found that for every 5 kilometres per hour increases in vehicle speed over the limit in a 60 kilometres per hour zone have the risk of crashing doubles. The research explains further that, a driver travelling at 70 kilometres per hour faces four times the risk of a driver travelling at the speed limit. More researches on excessive speed states that, when the stopping distances increases and other manoeuvres to avoid crashes become more difficult and complicated. The findings goes further to states that the gravity or severity of an impact or crashes increases with higher speed and the possibilty for other road users to communicate and perceive the intentions of the road-users in time to react appropriately decreases as does the ability to detect hazards.

Excessive speed is an important factor in one third of all fatal crashes or accidents on our roads. Speeding has been researched to be a deliberate and calculated behaviour where the driver knows the risk but ignores the danger that might be involved. It is just at a point, where speed-driver displays a wanton disregard for the rules of the roads which often causing accidents and other damages. Some drivers have been used to the habit of overspeeding due to effect of taking alcohol, drugs and other prohibited substances. Overspeeding has contributed to major fatal road accidents in developing countries as most of the roads are bad and unmarked or signed. The traffic laws on overspeeding should be enforced without any bias or exceptions. Traffic laws have been put in place for a reason to save lives and not for decoration in the archive.

Speeding is one of the common offences under road traffic law that have to be taken with seriousness as many people have lost their lives each year due to careless speeding. While many people have been handicapped or injured for the rest of their lives due to overspeeding. Speed laws have become a Penal Code in some countries in which a dangerous or reckless driver can be charged for a huge fine, loss all points from his driving licence or liable to many years in imprisonment if found guilty. The developing countries traffic authority has a vital role to play in order to accomplish their mission of saving lives on roads. According to Elvik ( 2008), road safety management implies systematic work to ensure continous improvement in road safety. Most of developing countries in Africa are now adopting the United Nations Decade of Action on Road Safety (2011-2020), with the goal to reduce the number of fatalities caused by RTC by 50 percent by the year 2020. This is a welcome development, but we have to be sincere with ourselves to make it a worthwhile investiment and not wasting fund and finding jobs for political collaborators and their cronies. If something is worth doing, it is worthdoing right.

Meanwhile, in order to achieve the goal behind this action plan, the road traffic lead agencies in developing countries have to rely on the expertise and experiences of a rays of individuals, including relevant government departments, public health, legal affair officers, independent researchers in the field, non-governmenntal organisations and the road users organisations. This is likelihood team that can achieve the reduction goal with a serious and practicable programme that addresses possible objectives which are acceptable to as many parts of the society. African population is growing rapidly and if the important issues of construction, rehabilitation and maintenances of roads, obligatory examination to obtain driving licence, national identity cards, payments of fines to designated banks, national electronic number plates, erecting and placing of speed limits sign posts, camaras or radar equipment (for photograpic evidence of the vehicle and its speed) and increased numbers of traffic officers controlling on highways and expressways and not extorting motorists, the investment on a decade of action plan would be just a mere dream and waste.

Written by:

Adewale T Akande
Author and Road Traffic Safety Consultant.
Barcelona, Spain. Tel:0034-600877296
E-mail; adewale_akande@hotmail.com

Also view:

Traffic Calming, Speed Calming and Road Safety

Justice Project SA responds to comments by Director Gerrie Gerneke of the Johannesburg Metropolitan Police

No Comments »Written on December 23rd, 2011 by jonckie
Categories: Aarto, Legal, Q&A, Traffic Fines
Tags: , , , ,


JOHANNESBURG – It has come to our attention that Director Gerrie Gerneke of the Johannesburg Metropolitan Police Department has made a number of unsubstantiated statements which are materially and factually incorrect. In short, he is being economical with the truth is his statements to the media. He has furthermore levelled wild allegations at this organisation and at me in my personal capacity stating that we/I have “ulterior motives”.

JPSA is an organization that represents the rights of individuals and groups. Another of our mandates is to educate the public and make them aware of their fundamental rights and responsibilities as enshrined in our constitution and other pieces of legislation and regulations. Because we do what we are mandated to do, Director Gerneke concludes our actions have ulterior motives.

Whatever conclusions Mr Gerneke wishes to reach, we will continue to fearlessly represent our constituency, educate them and make them aware of the illegal activities of any law enforcement agency including the JMPD, should they choose to engage in such activities and we will not succumb to blatant attempts to discredit or intimidate us.

We point out that the AARTO Act and Regulations are very clear with respect to how infringement notices under the Act must and shall be served. The legislature was very clear in what its intention was with regard to how notices must be served on alleged infringers and did not suggest that anyone should be allowed to subject the legislation to their own interpretation.

Section 30(1) of the AARTO Amendment Act (Act 22 of 1999) clearly states the following:

“Any document required to be served on an infringer in terms of this Act, must be served on the infringer personally or sent by registered mail to his or her last known address.”

Furthermore, Regulation 3(1) (b) of the AARTO Regulations explicitly states that an AARTO 03 infringement notice must be served by registered mail in that it states:

“An infringement notice contemplated in section 17(1) of the Act shall be issued and served or caused to be served to the infringer by registered mail, on a form similar to form AARTO 03 as shown in Schedule 1, within 40 days of the commission of the infringement.”

There is nothing in the Act or Regulations that permits Director Gerneke or the JMPD to interpret the said Act or Regulations in any manner that suits them. Equally there is no provision in the Act or regulations that exempts Director Gerneke from implementing any of the provisions in terms of the legislature’s intention.

Director Gerneke’s assumptions that he can violate the Act and regulations with impunity are too horrible to contemplate; because if he is allowed to do so then he is both the legislature and the implementing agency. He is also reminded that the JMPD is not a “local authority” in terms of the AARTO Act; it is an issuing authority.

The purpose of our press briefing held on Tuesday 20 December 2011 and the media release that accompanied it regarding this issue was to highlight the fact that the JMPD has continuously been sending out infringement notices by ordinary as opposed to registered mail as is required by the Act. This is an issue that we revealed over 18 months ago and we will continue to remind the law abiding public of their rights whether the JMPD likes it or not.

Its purpose was furthermore to reveal the fact that the then Acting and now fully appointed Registrar of the Road Traffic Infringement Agency, Mr Japh Chuwe not only agrees with everything that I and JPSA have been saying about the unlawful service of AARTO infringement notices by the JMPD, but issued an instruction (request) that the JMPD complies with the prescripts of the Act as far back as January 2011 and that the JMPD has ignored this.

Director Gerneke and Chief Ngcobo have disregarded a lawful instruction issued by the very top level of the AARTO structure as well as disregarding legislation and in doing so have acted in a highly unprofessional, insubordinate and illegal manner. The fact that they have continued to do so for 11 months after being requested to cease doing so is an indisputable indictment of their unparalleled arrogance, extortionist tendencies and readiness to violate the law.

Furthermore, despite the fact that the matter is in the hands of the Public Protector, who will be the authority that makes a determination on the matter; Acting CEO of the RTMC, Mr Collins Letsoalo has chosen to come out in defence of the JMPD and offer his own legal determination to the effect that the actions of the JMPD are “irregular” and not “unlawful” ahead of that office’s findings.

I and JPSA have repeatedly and consistently maintained the standpoint that the JMPD is acting unlawfully and we have done so in the interests of the public and the proper application of the law, so Director Gerneke is correct when he says we have been “singing the same tune” for a long time now.

Gerneke states that “notice was therefore given through ordinary mail in the interest of law enforcement”, but fails to acknowledge that law enforcement must be practiced in accordance with the law. Had he and the JMPD have simply stuck to the provisions of the Act they would have acted lawfully.

Mr Gerneke then goes on to say “It is with some regret … that some organisations and individuals have now seized upon this opportunity to confuse and distort the issues for ulterior motives” and I invite him to define his statements clearly.

Director Gerneke is also accusing the South African Post Office of inefficiencies with respect to their Secure Mail service. He must explain the basis of this accusation as well. One has to ask if it is his contention that the SAPO cannot be relied upon to provide a secure mail delivery service, then why is it that it is used by other major institutions, like banks, law firms, etc.?

I invite members of the media to go to the source and contact the following individuals for clarification on the lawfulness of the JMPD’s actions:

Mr Japh Chuwe – Registrar of the RTIA – japhc@rtia.co.za – Cell phone (071) 680 3447
Mr Sherman Amos – Deputy Registrar of the RTIA – shermana@rtia.co.za – Cell phone (082) 647 5819

Howard Dembovsky – 082 418 6210 – email howard@jp-sa.org

Let your hair down but not your guard this Festive Season!

No Comments »Written on December 21st, 2011 by jonckie
Categories: Business, Household, Legal
Tags: , ,

Enjoy the holidays but don't slip on safety and security

The South African Police Service has begun gearing up to ensure a safer festive season with the launch of its focused Operation Duty Calls Festive Season Crime-Fighting Campaign.

More visible policing and intensified operations to combat aggravated robberies, including house and business robberies, cash-in-transit heists, ATM bombings and crimes at shopping malls, are promised by Police Minister Nathi Mthethwa.

While South Africans can have some peace of mind that the police are pulling out all the stops to reduce crime over the festive season – a time of year usually characterised by an increase in burglaries, robberies, petty crime and car-jackings – Virgin Money Insurance like it should be is urging consumers to remain vigilant and to take every precaution to remain safe.

“Make sure you have adequate security interventions in place at your home. This time of year is notorious for increases in robberies and hijackings,” warns Vinay Padayachee, Managing Director of Virgin Money South Africa, which launched “Insurance like it should be” in 2010.

“Install the very best burglar proofing and intruder detection systems you can possibly afford. Even if you are not going away on holiday, it is important to make sure you have done everything in your power to safeguard your property, possessions and loved ones. Criminals are no longer shy of breaking into homes while the homeowners are present. Ideally, you should also be linked with a reputable armed response provider,” says Padayachee.

It is also recommended that homeowners check that their home contents insurance is up-to-date and that the amount for which they are insured is adequate. Padayachee advises home owners to send an updated inventory list to their insurance providers to ensure that all of the goods they would like to cover are included.

“If you don’t do this, you run the risk of your possessions not being covered in full should you need to make a claim,” he adds.
Padayachee says that it is highly-advisable that you insure your household goods, particularly if you are going to be leaving your home to go away on holiday. The financial repercussions of your home being cleaned out could be dire otherwise.

He also reminds people that shopping malls and other tourist spots are often targets for criminals. People visiting shopping centres, using ATMs and venturing out to restaurants and other entertainment locations are urged to be extra vigilant.

“Keep your eyes peeled for suspicious characters lurking in parking lots or people behaving strangely. Always report suspicious vehicles and activities you see to the nearest police station.

Remember to use common sense at all times. For instance, don’t use an ATM machine in a deserted location, and, when you go out at night, try to park your car in a well-lit place as close as possible to your destination so that you don’t have to walk long distances in the dark,” he urges.

In conclusion, Virgin Money Insurance like it should be offers a few more personal safety tips:

• Research your holiday destination so that you know what to expect.
• If you are going to be driving yourself, plan your route before embarking on your journey.
• If in doubt about the safety of an area or location, ask the local police, the receptionist at your resort or manager at the local supermarket for advice.
• Be aware of your surroundings when walking and driving.
• Don’t walk around remote places at night.
• Identify points of help such as police stations, public telephones, hospitals and restaurants, or shops that are open late.
• Inform other trusted people of your whereabouts.
• Do not wear extravagant jewellery in public.
• Avoid carrying a large amount of money.
• Carry your purse or bag close to your body, not dangling by the straps.

[Photo of Jaco Lups on the dune board with recognition to Phototalk.co.za]

Justice Project says JMPD continues to thumb its nose at the AARTO Act

No Comments »Written on December 20th, 2011 by jonckie
Categories: Aarto, Legal
Tags: , ,


JOHANNESBURG – More than eighteen months after the JMPD started sending out AARTO 03 infringement notices by standard permit mail in direct violation of Section 30(1) of the AARTO Amendment Act, 1999 (on 1 June 2010), it has emerged that the Acting Registrar of the Road Traffic Infringement Agency (RTIA), Mr Japh Chuwe wrote to JMPD Chief, Chris Ngcobo copying Director Gerrie Gerneke, requesting them to cease this practice on 11 January 2011. The letter was also copied to the Acting CEO of the RTMC, Mr Collins Letsoalo.

The letter starts off by saying:

“The Agency is aware that the JMPD continues to issue infringement notices by ordinary mail and reminds you that this practise is contrary to the prescripts of the Act and are hereby requested to cease such practises forthwith.”
It then goes on to say:

“You are furthermore advised that in cases where representation applications are received in respect of infringement notices served by ordinary mail, those infringement notices must be withdrawn and such representations made successful.”

JPSA has recently come into possession of this letter and has established its authenticity prior to releasing it to the media and the offices of the Public Protector, with whom a complaint was lodged on 16 June 2011; after all other avenues to address this matter had been exhausted. The Public Protector is yet to return a determination on this matter but we remain confident that it will come early in the New Year.

A number of things are very disturbing about the existence of this letter in that:

• The AARTO Act specifically removes the jurisdiction of the Magistrates Court over matters arising out of AARTO infringements and transfers it to the Road Traffic Infringement Agency (RTIA).
• The Registrar of the RTIA (acting or not) is, in terms of the AARTO Act, supposed to be the equivalent of a Chief Magistrate, whose determinations and instructions are supposed to be beyond question and must be followed unless a higher court overrules him or her.
• The JMPD has not only continued to send out AARTO 03 infringement notices by regular permit mail since receiving the letter but has also repeatedly defended its position in doing so and has furthermore repeatedly stated to the press and members of the public that the notices are 100% lawful and must be paid. Director Gerneke has even gone so far as to say that “people who do not pay them risk being inconvenienced in roadblocks”.
• The letter was addressed to both, the Chief of Police and the Director of Licensing Prosecutions and Municipal Courts and electronic enforcement of the JMPD, both of whom have clearly ignored its entire contents.
• Ngcobo and Gerneke’s actions show an overt disregard for both the law and the authority of the RTIA and can only be described as criminally motivated in that they have both not only ignored a lawful instruction but have continued to act unlawfully, knowing that their actions are unlawful.
• Despite the RTIA having been informed of this practice in a complaint lodged with it by Justice Project South Africa in August 2010, and the Acting Registrar having stated on 1 September 2010 that his agency and the RTMC had undertaken to engage with the JMPD at a high level on this issue and others, the letter was only sent to the JMPD FOUR MONTHS LATER.
• Furthermore, despite JPSA being the complainant to the RTIA, it was not informed of the existence of this letter by the RTIA, nor has it received any feedback from that office since receiving a letter of reply on 2 September 2010.

JPSA has also recently received multiple reports from various sources stating that Director Gerneke has reshuffled his team of prosecutors at the JMPD and has issued an instruction that all representations citing section 30(1) of the AARTO Amendment Act must be rejected and the person concerned must be advised to elect to be tried in court if they wish to pursue the matter.

This tactic is both, contrary to the instruction (request) by the Acting Registrar and a clear effort to frustrate the AARTO process and encourage people to just pay instead of attending court, which is considered to be a huge waste of time by most motorists who have experienced the huge time wastage that is incurred by attending traffic courts which have no regard for their time.

A copy of this letter, along with a further complaint has been sent to the investigator at the Public Protector’s office and will probably be dealt with when those offices reopen in January 2012.

Whilst JPSA is not at all surprised by the fact that the top management of the JMPD have acted in such an irresponsible and corrupt manner, it is horrified by the fact that the Minister and Department of Transport have seemingly taken a back seat and allowed the JMPD to thumb its nose at the RTIA, thus making a complete mockery of the AARTO Act and all of its provisions.
Howard Dembovsky – 082 418 6210 – email howard@jp-sa.org

A few safety commandments to keep the children safe this holiday!!

No Comments »Written on December 20th, 2011 by jonckie
Categories: Medical, Paramedics and Emergency Medical Response
Tags: , ,

What can we do to keep our children away from injury this festive season? On the Arrive Alive website we always emphasize the need to focus on road safety and for all children to be buckled in - but perhaps there are a few things we can do in and around the house as well!

We have been invited to share some information from the Blog at www.Nannyjobs.org with our readers specifically on the safety of toddlers:

When a child reaches the toddler stage, there are a whole range of precautions that need to be taken into account in order to assure safe play times and places. Here are 10 commandments to bear in mind for keeping toddlers safe while playing.

  • Secure all Straps and Handles. Toddlers love to reach and grab, so any heavy or dangerous items with straps or handles should be secured out of their reach. Purses, backpacks, pots & pans, or anything that may be grabbed and used to pull an object down on top of a toddler needs to be accounted for.
  • Keep Unused Rooms Locked. Any room that is not expected to be played in, or that has not been “toddler-proofed” should be locked in order to keep toddlers from wandering in. Just closing doors is not likely to be effective, as toddlers are notoriously curious and prone to exploration.
  • Employ Baby Gates and Toddler-Latches. Open stairways or passageways into unsecure areas without doors should be blocked with baby gates. Cabinets and drawers that contain potentially dangerous items need to be secured with the types of latches that are meant to keep toddlers from pulling them open.
  • Secure Electrical Outlets and Cords. Any room that a toddler may play in should have all electrical outlets covered, and all electrical cords secured in such a way that they can’t be chewed on or unplugged. Also, be aware that electrical cords can be used to pull a lamp or other appliance off of a table. It’s a good idea to get down on the floor and inspect the entire room from toddler level, in order to assure that all electrical sources are inaccessible.
  • Cover or Remove Sharp Corners. All furniture or decorative items in a toddler’s play room should be examined for sharp corners and edges that may be fallen against or that may be at a level to injure a toddler’s head. Look underneath tables, plant stands, etc., for metal brackets or screws that may project and be hazardous to a child that crawls or walks under them.
  • Remove Hinged Toy Box Lids. Toy boxes should be open, or with covers that may be removed and set aside. Hinged lids pose a danger in two ways; the possibility of slamming shut on tender fingers or the head of a child looking in the box, and the chance that a child might crawl inside and be trapped when the lid falls shut.
  • Secure all Bathrooms. Bathrooms are full of things that can be dangerous to toddlers. Toilets and bathtubs are potential drowning hazards for curious children, cleaning utensils are likely to have chemical or bacteria residues, and cleaning products are usually toxic.
  • Beware of Choking/Poison/Burn/Laceration Hazards. Any room that is meant for child’s play needs to be closely inspected for anything that a child might put in his or her mouth and present a danger of choking or poisoning. Fireplaces and stoves should be blocked off from toddlers, and anything that may present a danger of puncture or laceration wounds should be removed. Outside play areas should be inspected just as thoroughly.
  • Inspect/Secure Sandboxes Before Play. Sandboxes should be covered when not in use, but should also be inspected before a child is allowed access for play. Small animals such as cats may find them handy for waste elimination duties, or, depending on where you live, potentially dangerous creepy-crawlies could find them a comfortable place for hiding.
  • EYES ON! Although all of the first 9 listed here are important, this is the most important commandment of all when it comes to safe toddler play. Keep eyes on the child, and ears tuned in the small moments when you might lose sight of a child. They move fast, and disasters can happen as quickly as the time it takes to send a brief text message to a friend.

Keep these 10 commandments in mind, and you will reduce the chances for a toddler in your care to be injured. An eleventh commandment would be to always keep a phone handy for an emergency call, as even the most meticulous attention to the commandments above is not going to assure 100% safety for toddlers.

What are the penalties for late vehicle license renewal?

No Comments »Written on December 19th, 2011 by jonckie
Categories: Q&A, Traffic Fines
Tags: ,

Question:

I need to know,what are the penalties of being late for Vehicle License Renewal and can one be arrested and fined upto R1500.00 please assist?

Answer:

Your question may seem like one which should have a simple answer associated with it, but unfortunately it is not as simple as it seems.

At best, it can be seen as failing to renew one’s license disc for which a fine can be issued in the quantum of R500 may be issued under AARTO – or the amount as specified by a Magistrate in areas where AARTO is not in force.

At worst, failing to renew one’s license disc is a serious offence in that a vehicle that does not display a valid license disc is considered to be unlicensed and therefore unroadworthy and many traffic authorities view this as a reason to impound the said vehicle.

The National Road Traffic Regulations makes provision for late licensing penalty fees which can and do severely impact on the amount of money one has to part with in order to licence a vehicle that has an expired licence disc and it is here that things get “tricky” as the combined late licensing and penalty fees increase the amount payable by huge quantum’s and do allow licensing authorities to refuse to process any transaction until such time as the penalties and fees are paid. This is often confused with them being allowed to take the motorist’s money and then refuse to issue the licence disc but the National Road Traffic Regulations are quite clear on this.

The following provisions of the regulations have reference:

Howard Dembovsky
National Chairman - Justice Project South Africa (NPC)
Association Not For Gain | Incorporated as a non-profit company under the Companies Act, 2008 | Registration Number 2010/019972/08

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