Drivers face huge 'triple fines'.
by Ugen Vos
Citizen 26 July 2010

Our Comment

Visit www.aartofacts.co.za now to get assistance!

JMPD's new strategy is suspect.

by Ugen Vos

Citizen 26 April 2010

Our Comment

What's next? Debt collectors manning road blocks? Nigeria here we come!

Fight traffic laws abuse.

by Ugen Vos

Citizen 24 February 2010

Our Comment

It's been a long time coming, hasn't it? Time to get your own back on the JMPD.

Class Action Goes Online.

by Justice Project South Africa

Media Release 18 February 2010

Following numerous attempts to gain out of court remedy to, amongst other things, the issue of illegal camera traffic fines during 2009, JPSA has today launched its Class Action initiative (www.classaction.co.za) in conjunction with the Johannesburg Law Firm, Burger Attorneys.

This initiative aims to coordinate the effort to bringcombined civil law suits against the authorities concerned who, despite being given numerous opportunities withdraw illegal fines issued by them have failed to do so. They and have now further compounded the situation by sending out AARTO 13 “Courtesy Letters” which carry an additional R60 charge on top of the 100% fine values. These should have been issued after the 32 day 50% discount phase had expired but instead ended up being posted 9 months later.

In addition, license disks are being withheld by licensing authorities all over the country based on the premise that the registered owner has outstanding traffic fines. This practice is completely illegal and this fact has been acknowledged by the RTMC, AARTO and the JMPD, yet the practice continues. Registered members of the Class Action website will be able to get help with this too.

From January 2010, the JMPD has contracted the services of debt collectors; VVM Inc. to send out mass SMS and email messages for “stagnated” camera fines dating back to early 2008, even going so far as to threaten recipients with arrest in JMPD roadblocks.

Most motorists are very intimidated by this harsh and intimidatory talk and go straight into panic mode – fearing to get in their cars, making illegal U-Turns and avoiding the traffic cops at all costs or hurriedly going onto the internet to pay their fines to minimise the risk.
The facts of the matter are:

• You cannot be arrested for an outstanding AARTO fine – ever.
• It is unlawful to arrest you for outstanding traffic fines at a roadblock without an original warrant of arrest being shown and a copy being handed to you.
• A warrant of arrest cannot be issued unless you were summonsed and failed to appear in court.
• A summons cannot be posted to you and must be served in person to a person apparently over the age of 16 years
• Once a warrant of arrest is issued, your fine will no longer be payable on any internet pay site so threatening you with the issue of one unless you go and pay is an unethical (and probably unlawful) scare tactic.
• Do not confuse AARTO infringements with Section 341 Notices and Section 56 Summonses operational through the rest of South Africa and “old fines” which pre-date AARTO notices.
• AARTO is currently in its “pilot phase” in the JMPD and TMPD operational areas only and does not include the points-demerit system. It will not be implemented elsewhere in the country in April 2010 as previously reported and has been indefinitely postponed.
• As much as you must comply with the law, so must the traffic authorities.

You should always keep your details on the eNatIS system 100% up to date to avoid non-receipt of notices etc and if you have received one of the SMS or email messages from VVM/JMPD, do not ignore it. We recommend that you rather contact the JMPD on their landline number (not an 087 number) or go and see them to sort out your “stagnated” fines.

According to Dennis Jackson, an ex-provincial traffic chief and the current National Vice-Chairman of Justice Project South Africa (JPSA) “the Class Action approach has been a long time coming and we were simply waiting to get all of our ducks in a row and exhaust all other avenues of approach before launching this initiative. Our aim is to institute actions for the issues at hand as well as to make application to have current legislation amended, so that traffic enforcement transforms from the grossly unfair and financially motivated process that it is currently to fair, equitable and correct enforcement that actually saves some lives.”

For more details see www.classaction.co.za and www.jp-sa.org.

Our Comment

It's been a long time coming, hasn't it? Time to get your own back on the JMPD.

Illegal trapping takes motorists for a ride.

by Boxer Ngwenya

The Star - 9 February 2010

Our Comment

Here we go again. The JMPD making excuses and blaming inexperienced traffic officers when Technicians from MVS Phumelelo set the speed traps up in the first place! Then they have the adacity to lie and say they will withdraw the illegal fines, refund motorists who have paid etc. What about refunding the ILLEGAL FINES from November 2008 to February 2009? That has not been completed yet and nor has the matter of illegal fines on the N1 freeway, South Road Sandown, etc., etc.

When will everyone learn that traffic authorities cannot be trusted to act within the law? The average motorist has no idea what to look out for, how to inspect a trap site or whether it is approved or not. Everone must get behind JPSA and have them officially appointed to act as a watchdog against illegal actions by the traffic authorities and their business partners. Visit www.jp-sa.org and get behind us now, before you are bankrupted and lose your drivers license!

Roadworthy bakkie fined R200.

by Die Burger Reporter

Die Burger - 31 January 2010

Our Comment

What can anyone say? This really dispells the idea that Traffic Cops are imbeciles, doesn't it?

AARTO will lead to safer roads - Transport Ministry

by Matshidiso Madia

Eyewitness News - 8 January 2010

The Transport Ministry said on Thursday the introduction of the Administrative Adjudication of Road Traffic Offences system will help authorities prevent fatalities on the country’s roads in this year.

The system, which is expected come into full effect on 1 April, is aimed at reducing lawlessness on the roads.

The department said AARTO will hopefully lead to less accidents and fatalities during the 2010 festive season.

The ministry’s Logan Maistry said it will include a demerit system.

Preliminary statistics show at least 1050 people died on the country’s roads in December.

»Story.

Our Comment

The game is on! Get up to speed with what AARTO means now!

Erring drivers to clean up after their accidents'

by Ugen Vos

Citizen 21 December 2009

Our Comment

See. We told you we would do it. Read below what the Department of transport thinks of JPSA's idea.

Speed traps 'not just for money'

by Michael Hamlyn

News24.com

Cape Town - It is not true, says Transport Minister Sbu Ndebele, that the purpose of road traffic enforcement is for income generation or incentives for traffic officers. 

"It is to promote compliance with the road traffic rules and regulations," the minister said in a written reply to Inkatha Freedom Party member Peter Smith. 

"By penalising errant road users, there can be greater awareness of compliance, thereby reducing offences, crashes and casualties."
 
Smith asked with a straight face whether municipalities focus on speed transgressions whilst minimising other traffic violations, and whether the reason for this has to do with the income stream to municipalities and corresponding incentives to traffic officers.

He also asked Ndebele to give a breakdown of the revenue earned by every municipality through speed fines relative to other traffic violations. But that was a bridge too far for the minister. 

"There are more than two hundred municipal traffic departments in the country and the RTMC (Road Traffic Management Corporation) does not have access to information in respect of the revenue earned by each municipality through speed fines and other traffic violations," he replied.

However,  he did admit that with the latest technology available, speed timing operations are a quick, inexpensive and effective method of making a high impact on compliance, though he insisted it was not done at the expense of other traffic offences.  

"According to the National Rolling Enforcement Plan," he said, "which we admit has not cascaded to all municipal traffic departments, emphasis is placed on vehicle and driver fitness and other moving offences as well."

>>News24 Article...

Our Comment

Maybe 'not just for money' but primarily so in the case of camera speed traps. The honorable minister, like the RTMC is under a massive illusion in believing that local authorities do not use this form of "indirect taxation" to generate vast amounts of money. Likewise, the likes of TMT Services, MVS Phumelelo, Syntell and TCS have no other motivation.

Speeding Ruling could open class action door

by BIANCA CAPAZORIO

Weekend Argus 21 November 2009. (page 1 and 6)

A JOHANNESBURG court ruling that a speeding fine had been issued illegally, could lay the country's law enforcement agencies open to a massive class action lawsuit.

Last August Johannesburg driver Anthony O'Moore was charged with reckless and negligent driving after being pulled over at a mobile speed trap. He was held for 14 hours by metro police who ignored his protests that he was diabetic and had been rushing to fetch an emergency insulin injection for himself when pulled over.

The Randburg Magistrate's Court this week ruled correct procedure had not been followed by the metro police in setting up and testing the mobile units.

O'Moore's attorney, Anton Burger, said the ruling established an important precedent, and meant the justice system could face a major class action lawsuit for people caught in similar speed traps.

On the day of the O'Moore ruling, the State declined to prosecute any further speeding charges at the Rand-burg court.
Burger said the O'Moore judgment was given on the basis of an earlier ruling. "In the State versus Snyman in 2001 it was found that the prosecution guidelines must be followed." Failure to do so could result in evidence being inadmissible in court.

Among the stipulations of the Technical Committee of Standards and Procedures guidelines endorsed in the Snyman judgment stipulates are:

• A valid calibration certificate must be available on the site for each camera, along with the operator's competency certificate. The driver must be given the opportunity to review both the speed reading and the certificates.
  
  
• The camera must be mounted on a "firm and stable surface" and, if mounted in or on a vehicle, that vehicle must be stabilised.
  
  
• Testing of the instrument must be done before and after every shift, and every time the instrument is moved.
  
  
• A permit to conduct speed trapping in a specific area must be obtained from the National Prosecuting Authority.

Burger said that in the O'Moore case there was no certificate available to prove the camera had been properly calibrated within the preceding six months; the mobile units had not been properly tested prior to being used; and the photographs recording the alleged speeding were not up to standard.

He said: "The ruling will affect people in the entire country. These people were arrested, they paid fines, in some cases in excess of R5 000 or R6 000. Some of them spent the night in jail and had to pay bail. There is potential for an enormous class action lawsuit."

National Transport Department spokesman Logan Maistry said the department would "study the ruling to determine whether or not the acquittal was based purely on the provisions of the Technical Committee's guidelines".

These were "operational guidelines only and non-compliance does not influence the accuracy or reliability of measurement results".

He said it "does not automatically follow that all other similar cases must be withdrawn" and if need be, after consultation with the National Prosecuting Authority and the Justice Department, they would recharge all offending motorists.

Dennis Jackson, assistant national director of the Justice Project of South Africa, which campaigns against the use of mobile speed cameras on the basis of unreliability, said the issuing of speeding fines was a "money-making scheme".

Jackson said that while Johannesburg was known for the "unscrupulous issuing of speeding tickets", Cape Town was "just as bad."

Jackson worked in traffic control for around 30 years.

>>JPSA Article...

Our Comment

Mr Maistry has made a number of interesting comments and must realise that they cannot go unchallenged. Remember this: There is still a legal system in this country and this system is based on precedent. Recharging motorists will be clear and indesputable evidence of the maliciousness of the DOT and the NPA. Careful.

JMPD 'incompetence' slammed

by ÜGEN VOS

The Citizen 21 November 2009. (page 4)

THE Johannesburg Metro Police Department (JMPD) does not even know what equipment it is using charged the Justice Project SA (JPSA) yesterday.

The JPSA recently helped a diabetic motorist to obtain legal assistance in order to fight speeding charges in court. The motorist had been rushing to get an insulin pen because he feared slipping into a coma.

Anthony O'Moore was acquitted of all charges when the court found thai JMPD's High Speed Unit had failed to perform compulsory pre-measurement calibration tests before setting the trap.

The ruling has since seen many alleged speedsters let off the hook. Attorneys say the trend is likely to escalate until JMPD can get its house in order.

JMPD's Edna Mamonyane said all JMPD officers know the rules for setting up laser equipment, but JMPD mostly used radar trapping anyway.

Not so, according to the JPSA's Howard Dembovsky. "The JMPD uses laser-based (LIDAR) speed measurement equipment (SME) in almost every speed trapping exercise. Unfortunately, Edna Marnonyane has proven she has no idea how the JMPD operates,"he said.

Dembovsky adds that the JPSA's website www.greedfines.co.za exposes "the various Metro Police Departments (and their business partners) who make flagrant use of camera 'speeding' fines to boost their coffers...

Our Comment

Neither the safe-t-cam nor the LTI 20-20 make use of radar. They are both laser-based SME. So is the ProLaser.

Most hi-tech speed trap gizmos have feet of clay

by BIANCA CAPAZORIO

Weekend Argus 21 November 2009. (page 6)

NEW SPEED camera technology is making the devices more reliable, authorities claim, more effective in controlling speeds and more difficult to beat. But whether the new hi-tech system will be proof against legal challenges remains to be seen.

The new "average speed over distance" technology makes use of two fixed cameras at measured points on the same road. Number plate recognition software will pick up a vehicle's registration plate as it passes the first camera. When the car passes the second camera, the time taken to travel the distance is measured and an average speed calculated.

The technology has been successfully used in KwaZulu Natal; plans are under way to install similar devices on "hell run" stretches in the Western Cape.

The "average speed" technology replaces several older devices which, over the past few years, have been shown to be unreliable. Just how unreliable emerges from the following: A UK court earlier this Year threw out Prolaser evidence after it was demonstrated the motorist was recorded travelling at a speed in excess of the vehicle's top speed.

In 2002, then-director of traffic in Cape Town, Greg Duncan, was clocked at a remarkable 205km/h in a 60km/h zone. In court proceedings - where Duncan claimed unfair dismissal - evidence was led by the defence that the Prolaser device was unstable and could be easily manipulated. To illustrate this evidence was led of a jogger calibrated as roaring along at 109km/h.

Another speed trap, known as the Vascar device (used as a mobile measure of speed over a distance), has also been found to be unreliable. In Scotland police were, in February, advised to discontinue its use as interference from radio waves and cellular phones rendered it inaccurate.

Cape Town traffic spokeswoman Merle Lourens said the Prolaser was no longer used in Cape Town. An undated Department of Transport internet based document, bearing the Arrive Alive letterhead indicates that both Prolaser and Vascar have been used in South Africa.

Our Comment

Actually, the more serious issue is that neither the LTI 20-20 nor the so-called safe-t-cam are mentioned as even being in use by the department of transport. Attempts to get clarification on this have failed with no reply whatsoever having been furnished to a request for clarification.

Many traffic fines are wide of the mark
Pay now, argue later is the rule

by BIANCA CAPAZORIO

Weekend Argus 21 November 2009. (page 6)

ACROSS the country, motorists have been getting fines that have left them baffled, angry or just plain confused.

Helmoed Romer Heitman, a defence analyst with the prestigious Jane's Defence Weekly, is still trying to make sense of a speeding fine issued by the traffic authorities in Bredasdorp well over a year ago.

Though Heitman subsequently paid the R200 fine - he says the money is not the point, it is about principle.

The traffic authorities have yet to explain how their cameras managed to record his passing at a time that by his calculations, he could not possibly have been there.

Heitman believes that either the camera's time stamp is faulty or the image of his car was recorded by a camera set up in a different location to the one specified in terms of the fine.

Heitman said he was at the Overberg Test Range on the day in question, and the time stamp recorded on his exit from the range was 4.04pm.

"There are a dozen or more witnesses to that fact, as I was travelling in Overberg Test Range's bus among colleagues." he said. He said he had then spent several minutes saying goodbye to colleagues and had probably left the area at 4.20pm.
"I do not believe that I could have been on the other side of Bredasdorp (around 40km away) or even near Bredasdorp six minutes later" he said.

Heitman told Weekend Argus he has been trying to get to the bottom of the conundrum for months - to no avail. He said even approaches from his lawyer have gone unanswered.

Heitman said he was rapidly losing patience with what he described as "extortion".

Even when the fines were unjustified he said, the pressure was on the driver to pay up, as the only alternative was hugely expensive legal action.

To make matters worse, the ante is up with moves to introduce a "points system" whereby points are added each time a driver is caught for a transgression.

Once 12 points have been accumulated, there is a three-month suspension of the driver's licence for every point thereafter (i.e. at 13 points the licence is suspended for three months, at 14, it is suspended for six months.)

This will mean that, unless you prove your innocence, Heitman said "the threat is they can take your driver's licence away".
Heitman's concerns are shared by many. The Justice Project of South Africa this year helped a Cape Town scooter driver who was "caught" going 127km/h in a 60km/h zone.

The picture supplied with the fine was taken from the front - a position from which the side-fitted registration-plates carried by motorcycles are not visible at all. The average scooter reaches a top speed of around 100km/h.

Earlier this year, a Johannesburg motorist driving a Geely, a small car manufactured in China, is alleged to have reached speeds in excess of 800km/h if the cameras are to be believed.

Francisca Al Halaseh received two fines for cameras posted 4.6km apart, but the time stamps registered only 19 seconds apart.

If Al Halaseh had managed to rev her engine to over 800km/h, she may have been able to fool the cameras in much the same way that UK motoring show Top Gear beat the cameras by travelling at a comparatively leisurely 270km/h.

The website greedfines.co.za, set up by the Justice Project of South Africa helps people to fight unlawful fines.

The site says the Justice Project currently has a "huge backlog" of allegedly fraudulent fines - the highest number is from the Johannesburg area.

Among the problems recorded on the greedfines site are cases where fines were allegedly handed out though traffic officers had allegedly failed to secure permits to be operating in the area in the first place, where the officers weren't correctly certified or the cameras had not recently been checked.

In a number of cases, hundreds of Johannesburg motorists travelling on the N12E received fines for the N1. The N12E branches from the N1 and there is a speed limit difference of 20km/h in this area.

Our Comment

With so much evidence of wrongdoing in place, it is only going to be a matter of time until the tables begin to turn. Isn't it?

Batch of ‘speedsters’ walk

by ÜGEN VOS

The Citizen 20 November 2009. (page 4)

JOHANNESBRG - Another batch of alleged speedsters cruised out of court yesterday, when lawyers again poked holes in evidence gathered by the Joburg Metro police.

Attorney Anton Burger alone was representing six speed-related cases yesterday, but by 11am they had all been withdrawn. Several other attorneys similarly managed to squash alleged speed infringements by their various clients.

Earlier this week, the Randburg Magistrate’s Court acquitted another of Burger’s clients, Anthony O’Moore, of all charges.

The court found Johannesburg Metro Police Department (JMPD) had violated a set of compulsory prosecution guidelines, known as the TCSP, when trapping him.

To successfully prosecute on the basis of speed measurements, JMPD must conduct a scope alignment test whenever the equipment is moved. But the specialist JMPD High Speed Unit officers only conducted pre- measurement tests before leaving their offices.

This time, Burger’s clients walked because the cross-hairs on the photographic evidence against them were “all off centre”, and not properly focused on their vehicle number plates – which seems like a clear indication that the proper measurement and equipment calibration had again not been done.

JMPD’s Edna Mamonyane assures that all JMPD officers know the specifications “to a T”, and motorists have the right to check every- thing is above board. She says JMPD mostly uses radar, as this is easier.

Johannesburg netted about R300 million from over 1,2 million speeding tickets over a one three-month period last year, and the Justice Project SA says these fines are often a “cash cow” for municipal entities.

>>Citizen Article...

Our Comment

The statement made by JMPD spokesperson, Edna Mamonyane that the "JMPD mostly uses radar, as this is easier" is materially incorrect. The JMPD mainly uses Laser (LIDAR) based speed measurement equipment like the LTI 20-20 and the so-called Safe-T- Cam. Neither of these use radar.

It’s tickets for JMPD fines

by Sibongile Mashaba

The Sowetan 20 November 2009.

The Johannesburg Metro Police Department is in trouble over its ticketing system.

The Randburg magistrate’s court this week ordered them to cancel a ticket issued against Anthony O’Moore and they were forced to withdraw speeding tickets issued to six other motorists.

And Justice Project South Africa is now calling on motorists who have received speeding tickets to come forward to dispute their fines.

Spokesperson Howard Dembovsky said: “If JMPD officers did not follow the guidelines in the cases, how many more traffic fines were unlawfully issued?

“Motorists who have pleaded guilty to these charges just because they want to get the cases over and done with are left with criminal records hanging over their heads.

“You may find the JMPD cannot prove their case simply because traffic officers did not follow guidelines,” Dembovsky said.

The court found that the state failed to prove its case beyond reasonable doubt. It also found that the JMPD had violated compulsory Traffic Control and Traffic Control Equipment (TCSP) guidelines.

These guidelines must be followed exactly for any entrapment or enforcement to be legal when traffic and speed measuring equipment is used.

The men were all represented by Anton Burger, who said: “We are looking into claiming for damages. It’s obvious that there was unlawful arrest and detention. There was no evidence in the first place. The officers did not comply with guidelines and therefore had no right to arrest my clients.”

He said he was sure that many other motorists would have charges withdrawn against them.

Pre-measurement tests should be conducted every time speed measuring equipment is moved, but the JMPD only conducted them at their offices .

JMPD director of law enforcement Director Gerry Gerneke said they would investigate and were hoping to have a full report by Monday.

>>Sowetan Article...

Speedsters could be off the hook

by ÜGEN VOS

The Citizen 19 November 2009.

JOHANNESBURG - Thousands of speeding fines issued by the Johannesburg Metro Police Department (JMPD) may be invalid and many more “speedsters” could get off the hook following a court ruling this week.

The JMPD’s failure to follow speed trap guidelines has led to the acquittal of one motorist in the Randburg Magistrate’s Court and the court declined to prosecute any others on the day on similar charges. Alleged speedster Anthony O’ Moore was acquitted of all charges.

The court found the JMPD had violated a set of compulsory prosecution guidelines, known as the TCSP, when trapping O’ Moore. To successfully prosecute speedsters, a scope alignment test must be conducted whenever the measurement equipment is moved. But the specialist JMPD High Speed Unit officers only conducted pre-measurement tests before leaving their offices.

O’Moore was arrested for reckless or negligent driving in August and detained for at least 14 hours – despite explaining he was rushing to get an insulin pen because he feared slipping into a diabetic coma.

O’Moore was only taken for an insulin shot four hours after his arrest. His health has apparently deteriorated dramatically as a result of his detention, and he has now gone from four to about 15 insulin injections every day.

The Justice Project South Africa (JPSA) later asked attorney Anton Burger to assist O’ Moore because they felt the JMPD officers had been “more interested in obtaining quotas than acting reasonably”.

Johannesburg netted an estimated R300 million from over 1,2 million speeding tickets in just three months last year, and Dembovsky says these types of fines remain one of the “biggest cash cows” for the various municipalities.

Said Dembovsky: “It is more than reasonable to assume that, if the specialised unit has it wrong then the rest of the operators also do.” He felt anyone convicted of similar offences by JMPD could potentially have a strong case to appeal their sentences.

The lawyers seem to agree. Burger is defending another speeding case in court today, and feels the courts will now be more loathe to prosecute unless “all the evidence is firmly in place”.

“I predict many similar cases will be withdrawn in the very near future, until such time as JMPD gets their own system sorted out,” said Burger.

He has also not ruled out instituting a civil action against JMPD on O’ Moore’s behalf, or combining several complaints in one class action lawsuit. Said Burger: “There are many people who have been unfairly arrested, jailed and had to pay bail – which I already consider a far greater punishment than warranted for their alleged offences.”

>>Citizen Article...

It was only going to be a matter of time until the JMPD's practices got shown up in court.

Saturday Star - 10 October 2009

By Xolani Mbanjwa and Graeme Hosken

One super cop force

The South African Police Service is to be transformed into a giant paramilitary police force, complete with military ranks and discipline, incorporating the metro police.

Deputy Police Minister Fikile Mbalula told the Saturday Star on Friday he was spearheading the integration process.

"We want to integrate everybody, including the local metro police. They must belong to one single police force. We are discussing policy in the coming weeks.

"We are going to start a debate about the integration of the metros ... because at the end of the day it is a force that is at our disposal that is unaccountable to us, and they are executing police duties, among others.

"Metro police have huge resources and they have got to be integrated in the police framework," he said.

Mbalula said police training would have to change to turn the "service" into a "force", criticising the current police ranks as being too civilian.

"We don't want police to be conflated with some other NGO that is not well understood ... There's nothing that will change, except that we are developing a police force," said Mbalula.

Meanwhile, Police Minister Nathi Mthethwa yesterday vowed to hunt down cop killers at the graveside of a murdered Pretoria policeman, 39-year-old Captain Charl Scheepers.

"We will never stop. We will never rest. All that these killings will do is strengthen our resolve to catch those behind these heinous crimes," said Mthethwa as he handed a folded national flag and Scheepers's police cap to his widow Anna-Marie in front of thousands of mourners at the Pretoria East cemetery.

Scheepers's eldest son, Jean-Jacques, 18, fought back tears as he paid tribute to his dad.

President Jacob Zuma yesterday reassured the public that his government's new super police force would not encourage a culture of "trigger-happy officers".

The government is lobbying Parliament to change section 49 of the Criminal Procedure Act to make it easier for officers to shoot to kill.

"Our country respects the right to life of all citizens. We expect our police officers to observe the law and respect the rights of innocent citizens, at all times," Zuma said.

"What we are saying is that police officers should place their own lives and those of innocent citizens first when confronted with situations of life and death.

"We are invoking section 49 to deal specifically with serious violent crime and dangerous criminals.

"It is the duty of the police to protect all people against injury or loss of life," he said.

Zuma added that the police force would be toughened up to make criminals scared.

"We have definitely entered a whole new phase in the fight against crime. We are satisfied with the approach that the Police Ministry and SAPS have taken. We cannot succeed if we are soft on crime," Zuma said.

The president had a stern warning too for underperforming police officers.

"We instructed the station commissioners to eradicate absenteeism, laziness and tardiness (among) our policemen and women. We must also seriously eradicate corruption within the police service.

"They were told that the legendary loss of dockets, leading to botched cases, should end." - Additional reporting by Political Bureau

Read Article

News 24 - 10 October 2009

Metro cops, Saps to integrate

Johannesburg - South Africa's metro police service is to be integrated into the SA Police Service to form "one super police force", a police department spokesperson said on Saturday.

The project, spearheaded by Deputy Police Minister Fikile Mbalula, would see the SAPS transformed into a paramilitary force, with military ranks and discipline, spokesman Paena Galane told Sapa.

"We need to have one single strong police force, with all police resources being utilised towards the same goals." He said it was a waste of state resources to have metro police arrest people, only to hand the cases over to the SAPS for nvestigation and court processes.

"Metro police have huge resources but do not handle dockets. They do not testify in courts of law. Now we are trying to utilise all the police forces we have in a better co-ordinated way to win the battle against crime," Galane explained. Having metro police departments in every town in the country led to unnecessary public confusion, he said.

Developing a police force

The move was also in line with the resolutions taken by African National Congress in Polokwane to establish a single police service. Galane said the initiative was still being discussed internally."The department will be meeting with state law advisors soon to discuss policy on the matter."

Meanwhile, the Saturday Star quoted Mbalula as saying police training would have to change to turn the (police) "service" into a "force". He also criticised the current police ranks as being too civilian.

"We don't want police to be conflated with other NGO that is not well understood...

There's nothing that will change, except that we are developing a police force," Mbalula told the newspaper.

- SAPA

Read Article

Excellent news in many respects!

• Metro "police" will have to become real POLICE and not run away from (or commit) crime like they do currently.
• Corruption in the SAPS is dealt with very differently. They lock offenders up - the Metro "suspends" them.
• The transformation to a disciplined, para-military force in the SAPS will do wonders.
• Senior policemen want a force, not a company like currently exists in the SAPS.
• BRAVO to the engineers of this project!
• JPSA suggested this in June 2009.
  
  

Citizen Newspaper 7 October 2009

By A Ahmed

Cops probed for speed traps.

JOHANNESBURG Metro police are investigating allegations of speed trapping equipment and road signs tampering.

Acting Metro police chief David'Iernbe said the investigation was around a number of issues involving some of his officers, a few subcuntracted technicians and members of the public.

For a motorist to be speed trapped at 7.51am on the M1 South near Corlett Drive and again at 7.53am near GraystonDrive on the same day, he would have to be travelling at top speed - in reverse.

This is an example of traffic incidents that have finally sparked the investigation.

Others include motorists being trapped on roads with speed limlts that randomly change within short distances and speed limit signs that have been arbitrarily changed without approval.

Sources close to the department alleged that Metro police officers and their accomplaces were changing the speed limit signs themselves.

"They have no reason to do this because they don't work for any incentives and if they are it is illegal and they will be arrested," said Tembe. "The investigation is extremely serious and sensitive right now as many people are implicated and it will take around 90 working days to try and establish an outcome."

The infamous South Road which made headlines a few weeks ago for speed limit changes is also part of the investigation. "If the outcome is positive for motorists, they will ve notified of how to claim monies paid for those specific fines," added Tembe.

He also confirmed that after being legislated, the Traffic Offences Act and the Administrative Adjudication of Road Traffic Offences Act, including a demerit system will be rolled out country-wide by October 2010.

The system is currently in its pilot phases in Johannesburg and Pretoria, but is experiencing major glitches. - CNS

News 24 - 25 August 2009

Joburg probes speed cameras

Johannesburg - The Johannesburg metro police department has appointed an investigating officer to probe allegations that its speed cameras were being operated illegally.

Spokesperson Edna Mamonyane said the JMPD met Justice Project of SA representatives and asked them to provide information pertaining to the allegations of speed camera operations.

The JMPD also called on anybody with information regarding the alleged illegal activity to send an e-mail to henkc@joburg.org.za

- SAPA

Read Article

Business Day - 24 August 2009

By Chantelle Benjamin

Millions in Bogus Traffic Fines Queried

Johannesburg — MILLIONS of rands in irregular traffic fines are being given to motorists , and at least 60% were being paid by unsuspecting drivers who were too afraid or uninformed to query them, the Justice Project SA (JPSA) said on Friday.

The group laid a fraud complaint against the Johannesburg metro police department (JMPD) at the Gauteng South African Police Service command headquarters in Parktown on June 4 for R30m worth of fines issued at just one intersection -- where the N1 South splits at Rand Show Road into the N12 East. Motorists legitimately driving at 120km/h on one side of the road are being fined, for being 40km/h over, because the other half of the split road has an 80km/h speed limit.

The JPSA said the situation was not much better in places such as Cape Town, Potchefstroom, Ventersdorp and areas in KwaZulu- Natal, if the number of complaints it had received from those areas were anything to go by.

A motorist who approached Business Day received a speeding fine for a car he did not own, for an offence in Lichtenburg in the North West where he had not been on the date recorded.

All that was correct was his car registration, his name and identity number. Concerned that he was the victim of identity theft, he called the Ditsobotla traffic department in Lichtenburg and was advised to open a case of theft with the police, but was warned that he should still pay the fine.

A second call to the traffic department some days later put him in contact with a more informed traffic official, who went into the system to check the photograph and was then informed it should never have been issued as the sun was obscuring half the number plate. "It appears," said the official, "that they just guessed the last two digits ."

Howard Dembovsky, JPSA chairman and a former policeman, said the group had received numerous similar cases, particularly in Johannesburg, which he said has the most questionable fines.

"It happens all the time. We have a man who drove a Harley- Davidson being fined for an offence committed in a BMW 5 Series, and a Ford driver receiving a fine for a Mercedes SLK."

Dembovsky said the problems are a mixture of human error, lack of procedure and outright fraud. Part of the problem was the JMPD rents its speed-trap cameras from private companies that receive a commission on fines. "They bank on the fact there will be 60% compliance -- only 40% of people issued fines will query them."

Dembovsky said that from the JPSA's experience, only 5%-10% of fines issued countrywide could withstand scrutiny.

Johannesburg metro police Chief Supt Wayne Minnaar on Friday denied that TMT Services and Supplies, the firm operating speed cameras, received a commission for the number of tickets awarded and put errors down largely to human error or to vehicles using false registration plates, of which he said there were "hundreds" in Johannesburg.

Read Article.

R100Million in fines may be canned!

The Beeld Newspaper of Friday 21 August 2009 (front page) is carrying the article dealing with the possible withdrawal of a reported R100 Million's worth of illegally issued fines under the AARTO "Pilot". This is probably being under-estimated by at least double (or more) but it does get the picture across.

The JPSA is pleased to see that their efforts and communications with the Transport Ministry, RTMC and AARTO are beginning to have an effect. Read the story here!

Saturday Star 1 August 2009.

By Candice Bailey

Little Geely pops a big wheelie for metro cops.

Can a Chinese-made Geely car cover 4,6km in just 19 seconds - at 871km/h? Yes say the Joburg metro police, this is quite possible.

For, on April 26, they caught Midrand motorist Francisca Al-Halaseh on two cameras. One was near the Canada Road Bridge on the N1 South and the second, 4.6km later, at the Randshow Road Bridge on the N1 South. But despite the cameras being 4.6km apart, the time difference between the two clips is a mere 19 seconds.

This means Al-Halaseh, who was driving the Geely, should have been driving 871km/h and not the 102km in an 80km zone that she was caught at.

No way, says Al-Halaseh, a secretary at Business Connexion in Midrand, who is disputing the fines.

"There is no indication of cameras there. I did not expect this. I have never ever had a fine in my life," she told the Saturday Star on Friday.

But when Al-Halaseh queried the fines, Chris Olivier, general manager of metro enforcement at TMT Services and Supplies, the company which operates the speed trap machines, told her that due to the number of cameras in operation at
one time, it was not possible to synchronise them. He also said it was not a legal requirement to do so.

There are about 100 cameras in operation at any given time, he added. But by Olivier's own admission to Al-Halaseh, it is impossible for the short time to have lapsed.

Al-Halaseh had noticed the discrepancy and approached a website called Greedfines to help her take the matter further.

Set up by Howard Dembovsky and Dennis Jackson, Greedfines warns motorists about fraudulent traffic fines that are issued and explains how to dispute them. The site is one of the resources of the Justice Project South Africa - and in addition
to warning motorists of the possible fraudulent nature of their fines, it also assists them by offering to look at the fines to find discrepancies.

The site was set up three months ago, and Dembovsky told the Saturday Star that since its inception they had received more than 700 fines to scrutinise.

"Nine out of 10 of the fines we receive have some dodgy aspect," said Dembovsky. "The fines come from across the country and the problem is very widespread. "We want to gather as much info as possible and help people. These are unlawful
prosecutions and they are taking people's grocery money. Our message is to be very careful. Don't take your fine at face value. We have indisputable evidence that proves to the contrary," said Dembovsky.

Jackson said the Greedfines website also disseminates the information.

"If you are smart, you can go check it out. You can also submit your fine for an inspection. If people are wrong, we tell them to go pay," he added.

Dembovsky, a former policeman, is the chairman of the Justice Project South Africa, while Jackson, a former traffic police chief, is the vice-chairman.

"We are against the abuse of power by law enforcement officials. The reason for our hatred is because we are ex-cops who did our jobs correctly.

"When we find abuse of power, it makes us want to vomit. It is generally financially motivated and for personal gain."
He said it was important for people to understand that they were not anti-law enforcement. "Its not about defeating the ends of justice or condoning speeding, but law enforcement must become effective," said Dembovsky.

They added that the site had unearthed a lot of wrongdoing in areas they had never even thought of.

In one case where the site helped a motorist, a Cape Town scooter driver received a fine for driving 127km/h in a 60km/h zone on a freeway. But the picture of his scooter was taken from the front, despite there being no number plate in the front
of scooters and motorbikes.

"How did they get the number plate to charge him?" asked Jackson.

Dembovsky said fines had become the metro police's most lucrative source of revenue."If a cop is trapping and finds someone going at 240km/h, he isn't going to drive after that person to prevent them causing an accident - he is only concerned about issuing a fine."

Greedfines is also used to expose traffic officers who break the rules of the road. In two instances on the site, they point out traffic officials who illegally park in the yellow shoulder lanes or fail to have their operator's certificate in their possession
when they are on duty.

"The Johannesburg Metro Police Department is the biggest infringer of traffic law in the country. We don't take them for internal disciplinary disputes; we take them to the police. We are coming from a law enforcement perspective. We police the
police and use it against them," Dembovsky explained.

For further information, go to greedfines

• This article was originally published on page 3 of The Star on August 01, 2009

Wednesday 22 July 2009.

AARTO website back online

After meeting with the RTMC and AARTO on Tuesday 21 July 2009, the JPSA has re-instated the AARTO website. Forms and other information can again be accessed and downloaded.

Pointing www.aarto.co.za was not a malicious action, nor was it an effective hi-jacking of the domain but it had to be pointed somewhere and in light of the statistics that the JMPD's citation record revealed that 98.94% of all fines issued were camera speed fines, greedfines.co.za was considered appropriate.

Sunday 20 July 2009.

AARTO domain changes

When it became apparent that aarto.co.za was no longer registered, the JPSA purchased the domain and pointed it to none other than this website.

Friday 3 July 2009.

Arnold Bendani Saved!

After a gruelling 2 weeks, Congolese political refugee Arnold Bendani had charges of Reckless or Negligent Driving withdrawn against him in the Johannesburg Magistrates Court on Friday 3 July 2009.

Click here to read all about his horrific experience and how easily it could happen to you.

Monday 29 June 2009.

Justice Project South Africa appeared on Siki Mgabadeli's morning talk show on SAFM.

After appearing on Siki Mgabadeli's morning talk show on SAFM, Justice Project South Africa has again been flooded with new victims in need of assistance, but as yet has been offerer no assistance by business and the public at large.

The JMPD pulled out of the talk show at the last minute, sighting "the sensitive nature of the subject" as their reason.

After assisting a young Congalese refugee get bail last Tuesday, the JPSA is appealing for urgent assistance for this young man. Please visit the JPSA website and see what you can do to help!.

Thursday 23 June 2009.

Justice Project South Africa wishes to thank the Citizen Newspaper and Jozi FM for having the courage to inform the public of the latest developments.

Download PDF.

Oh boy, where do we start?

The issue of mobile speed camera fines has to say the least, exploded. It is doubtful whether there is a Gauteng motorist that has escaped unscathed. The official response from the JMPD? Wayne Minnaar calls "anyone who feels that they have been wrongfully charged to visit JMPD offices to apply for the fine to be cancelled."

This is nothing short of an admission of guilt! However, we need to point out that the JMPD has no say in this as it is an AARTO matter and you will have to follow the process. If the JMPD summarily cancels fines, it will be guilty of Defeating the Ends of Justice. That is yet another crime.

I know that the JMPD feels that it is above the law, but they cannot be allowed to get away with this. Just because the NPA declines to prosecute JMPD personnel, matched to their weapons by ballistic testing, who shot at SAPS personnel last year, whilst sending the clear message that they are above the law, doesn’t mean that they are in fact.

We, the people, demand Justice – fairly and equitably for everyone. Not one set of rules, laws and standards for the JMPD and another for the rest of us mere peasants!

Howard Dembovsky - Chairman - Justice Project South Africa.

Tonight - 10pm - Talk Radio 702 - Howard (Bulldog) Dembovsky vs Supt Wayne Minnaar. 1 Hour call in show!

On Monday 8 June 2009, the JPSA and SITE (by whom this site was put up) held a press conference in Johannesburg to bring to light the fact that a significant amount (tens of thousands) of fraudulent mobile speed camera generated fines had been issued by the JMPD.

The matter has been reported to the SAPS and an enquiry is currently underway. The JPSA has also lodged a letter of complaint with the Director of Public Prosecutions at the South Gauteng High Court and is awaiting a response.

The release has received wide coverage in most of the major newspapers and on Radio stations around the country.
The Citizen Newspaper carried the story in their Tuesday 9 June issue on (page 6 just above an article reporting an assault of a motorist by JMPD employees). At the end of the article, the following appears:

“JMPD’s Wayne Minnaar calls anyone who feels they have been wrongfully charged to visit the JMPD offices to apply for the fine to be cancelled.”

The JPSA sent the following response to The Citizen Newspaper:

We are astounded by Superintendant Wayne Minnaar’s statement calling for motorists to approach the JMPD for fine cancellation for the following reasons:

• Cancelling the fines is neither the function nor right of the JMPD. The fines have been issued under the AARTO Act and this therefore is an AARTO function not a JMPD function. They simply should not have been issued in the first place!
• Cancelling the fines now, after mass payment has been received does not absolve the JMPD from the charge of fraud. This stands. Should the State decide not to proceed, we will take this to the highest Authority in the land.
• On this point, I assume that Mr. Minnaar may want to review his statement of last year where he said “motorists who have already paid will not be refunded as they have already admitted that they were speeding.”
• This is a “damage control” exercise by the JMPD and emphasises how the JMPD thinks that it can simply wriggle out of their misdoings by trickery and “clever words”. Not this time Mr. Minnaar!
• The JMPD has committed a crime and will have to answer criminal charges in a Court of Law.
• We want the individuals concerned (who gave the orders) brought to book in a Court of Law.
• The JMPD, its employees and their “contractors” are not above the law and will have to answer for their crimes.

Nice try Mr. Minnaar, but not this time.

(Howard Dembovsky - Chairman - Justice Project South Africa)

On another note, we would like to clarify the following for the public:

"The Justice Project South Africa has been quoted as being a 'Motorists Rights Group' and whilst understand that we could easily be classified as this in light of the first issue that we have decided to go public with, it needs to be understood that the Mission and Objectives of the Organisation encompass a far wider range of activities and areas of interest.
Our main objective is to provide assistance to the victims of power and process abuse wherever this may present itself. We understand that there are other organisations and entities which deal with these issues; but believe that we have a significant contribution to make as our objectives and activities differ significantly from those of the other entities.”

The JPSA website is at www.jp-sa.org.