National Assembly - 16 October 2002
WEDNESDAY, 16 OCTOBER 2002 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 15:01.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NEW MEMBERS
(Announcement)
The Deputy Speaker announced that the vacancy caused by the resignation of Ms H N Qegu had been filled, in accordance with item 6(3) of Schedule 6 to the Constitution, 1996, by the nomination of Mr O Bapela, with effect from 9 October 2002.
OATH
Mr O Bapela, accompanied by Mr S D Montsitsi and Mrs M Maunye, made and subscribed the oath and took his seat.
NOTICES OF MOTION
Mr N J GOGOTYA: Chair, I shall move on behalf of the ANC:
That the House -
(1) notes that -
(a) three South African soldiers, Thabani Sydney Mbele, Phillip
Mello and Petrus Potsane, died during an airborne extraction
exercise at Rusizi River near Bujumbura in Burundi last Friday;
and
(b) that the fourth soldier, Kgokong Abram Huma, went missing during
this training exercise;
(2) expresses condolences to the families and friends of the deceased soldiers; and
(3) reiterates its unwavering support for our soldiers who are on a peace- keeping mission in Burundi.
[Applause.]
The LEADER OF THE OPPOSITION: Mr Chairman, I hereby give notice that I shall move the following motion:
That the House -
(1) notes that -
(a) in the 2000 elections voters in large numbers voted for the
creation of a strong alternative to the ANC; and
(b) the faith of many voters in the democratic system is damaged
when representatives cross the floor for career advancement or
for reasons which have nothing to do with principle;
(2) believes that the best way to establish the current views of the electorate and the voters themselves is to hold an election; and (3) resolves, in terms of section 50(1) of the Constitution, to dissolve the National Assembly.
[Interjections.] [Applause.]
Prince N E ZULU: Chair, I give notice that I shall move on behalf of the IFP at the next sitting of Parliament: [Laughter.] [Interjections.] [Applause.]
That the House -
(1) welcomes the establishment in South Africa of the Freedom Park Trust, which provides the deepest research arm into the origins of man, his potentials and technological achievements on planet earth;
(2) notes with appreciation the research findings on the comparative experiences of the likes of Prof Harriet Ngubane and other world figures in this regard, which date back more than three billion years ago; and
(3) calls on all visionaries, Dr Serote included, to continuously deepen their minds in search of the unknown until the intended outcome, which is the closure of the chapter on human sufferings, conflicts and tribulations, is achieved in our lifetime.
Mr D A A OLIFANT: Mr Chairperson, I am very glad that this bad loser from the DA is back in the House so that I can tell him the following, because I want to move on behalf of the ANC:
That the House -
(1) notes that -
(a) the Constitutional Court ruled in favour of floor-crossing at
the local government level on 4 October 2002;
(b) following this ruling, the Democratic Alliance processes of self-
destruction have been expressed through the crossing over of
many DA councillors in the City of Cape Town to the ANC/New NP
alliance; and
(c) the defection from the DA has been evident in other parts of the
country as well; (2) believes that -
(a) the death-knell of the DP is a reflection of a principled
rejection of racial divisions and racial stereotypes perpetuated
by Tony Leon and his ilk; and
(b) the crossing of the floor from the Democratic Alliance, the
``Death'' Alliance, represents an overwhelming support for the
ANC/New NP partnership to build national unity and development,
and to fight poverty; and
(3) congratulates all the popular representatives who left the Democratic Alliance and joined the partnership for national unity, change and development in South Africa.
[Applause.]
Mr A Z A VAN JAARSVELD: Chairperson, I hereby give notice that I shall move on behalf of the New NP:
That the House - (1) notes the latest media gimmick by the hon Leader of the Opposition, Tony Leon, in calling for a general election immediately;
(2) also notes that this is just an attempt to cover up the DP/DA’s loss of hundreds of councillors and the majority of DA-controlled councils over the past couple of days;
(3) acknowledges the hypocrisy of the hon Leon, because not only have they supported this legislation, but for years they have been at the forefront of arguing for this legislation, and the hon Leon himself begged Deputy President Zuma for the introduction of such legislation; and
(4) believes that the hon Leon should -
(a) rather apologise for supporting legislation that he and his
party are now discrediting because they are at the receiving
end; and
(b) realises that it is ludicrous to call for a general election
which will cost the taxpayers millions of rands, just to prove
that his support is dwindling.
[Applause.]
Ms N C NKABINDE: Mr Chair, I shall move on behalf of the UDM at the next sitting of this House:
That the House -
(1) welcomes the news that a local pharmaceutical company, Aspen, has successfully negotiated with an international company to produce a generic version of Nevirapine locally;
(2) notes that the generic version will be produced at a substantially reduced cost, and that this drug will be available not only for South Africa, but for export to 13 other countries in the region;
(3) salutes the efforts of the many South African doctors, health professionals and the private sector who have proven their full and unequivocal commitment to treating people living with HIV/Aids; and (4) calls upon the national Government to stop delaying the full rollout of antiretroviral treatment in public hospitals, so that we can start saving the lives of the millions of infected South Africans.
[Applause.]
Ms N R NTSHULANA-BHENGU: Chairperson, I shall move on behalf of the ANC:
That the House -
(1) notes that -
(a) Banyana Banyana powered their way into the African Women's
Championships in Nigeria to be held next month with a 4-0
victory over Zambia; and
(b) this win in front of a large and buoyant crowd of the team's
home supporters gave Banyana Banyana an 8-1 aggregate win over
their opponents;
(2) congratulates Banyana Banyana on this convincing victory; and
(3) wishes the team the best of luck in the African Women’s Championships.
[Applause.]
Ms M A SEECO: Chairperson, on behalf of the UCDP, I hereby move:
That the House -
(1) notes that the Boksburg police managed to arrest two men on Sunday for indecent behaviour at Wild Waters Resort, and for touching girls inappropriately at the swimming pools; and
(2) congratulates Captain Thobile Xakeka on behalf of the Boksburg police for exercising the child protection we are emphasising.
[Applause.]
Dr S E M PHEKO: Chairperson, I shall give notice on the next sitting day of the House:
That the House -
(1) notes the PAC’s deep concern about daily evictions of the poor and landless from land they live on, without their being provided with appropriate alternative land or accommodation;
(2) acknowledges that this causes more suffering to people who are poor and powerless and who have no means to challenge their evictions from land in court;
(3) notes that the PAC supports the Western Cape Anti-Eviction Campaign, which involves hundreds of Khayelitsha residents who will gather outside the Mitchell’s Plain Magistrates Court tomorrow, 17 October 2002;
(4) also notes that the PAC is disturbed that transformation increasingly means conforming to the previous Group Areas Act of the former apartheid regime, where people were uprooted from land inhumanely; and
(5) once again urges a just solution to the land question by amending section 25(7) of the Constitution.
Mr A MLANGENI: Comrade Chair, I shall move on behalf of the ANC:
That the House -
(1) notes that -
(a) the ANC held a Policy Review Conference on 27 - 30 September
2002 in Johannesburg;
(b) this conference was a culmination of months of discussion in
branches, regions and provinces of the ANC to review current
policies and chart a framework for the strategic direction of
our programme for change which will be endorsed in the 51st
National Conference in December 2002; and
(c) this important conference confirmed the ANC-led Government
policies as appropriate in providing a strategic framework for
social and economic transformation in our country;
(2) believes that this historic event reflects the commitment of the ANC to democratic processes within its ranks, and to the achievement of this noble objective in society as a whole; and
(3) welcomes the draft resolutions of the ANC National Policy Conference.
Mnr S E OPPERMAN: Ek gee hiermee kennis dat ek sal voorstel namens die DA/DP:
Dat die Huis -
(1) daarvan kennis neem dat -
(a) ons die Grondwet alle amptelike tale beskerm, wat Afrikaans
insluit; en
(b) die Minister van Onderwys, een van die Nuwe NP se nuwe
kampvegters, Kader Asmal, uitgevaar het teen die voorstanders
van Afrikaans as universiteitstaal op Stellenbosch deur hulle
uit te kryt as diegene ``that still uphold the ideology of
superiority'';
(2) besef dat die ANC se aandrang op slaafse onderdanigheid die regte in die Grondwet bedreig; en
(3) die ANC/Nuwe NP-alliansie se vermoë bevraagteken om ooit die behoeftes van die meerderheid kiesers in Stellenbosch, of selfs die Wes-Kaap, ten opsigte van taal te kan verteenwoordig.[Applous.] (Translation of Afrikaans motion follows.)
[Mr S E OPPERMAN: Mr Chairman, on behalf of the DP I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes that -
(a) our Constitution protects all the official languages, and this
includes Afrikaans; and
(b) the Minister of Education, one of the New NP's new champions,
Kader Asmal, railed at the advocates of Afrikaans as university
language at Stellenbosch by denouncing them as those ``that
still uphold the ideology of superiority'';
(2) realises that the ANC’s insistence on slavish subservience threatens the rights in the Constitution; and
(3) questions the ability of the ANC/New NP alliance of ever being able to represent the needs of the majority of voters in Stellenbosch, or even the Western Cape, with regard to language. [Applause.]]
Mr H J BEKKER: Mr Chairman, I shall give notice on behalf of the IFP at the next sitting of the House:
That the House -
(1) notes that the CPIX inflation figure has increased more than expected;
(2) wishes to point out that the increase in the consumer price index is not directly related to interest rates and money supply;
(3) cautions that a further increase in the repo rate would be even more detrimental to the country; and
(4) believes that a further increase will lead to further job losses and the curtailment of economic growth.
Mr M H FAZZIE: Chairperson, I shall move on behalf of the ANC:
That the House -
(1) notes that Mrs Mabel Notancu Timakwe, the sister of the former President Mandela, passed away last night in Qunu, Eastern Cape;
(2) expresses heartfelt condolences to Comrade Nelson Rolihlahla Mandela, the family of the deceased and friends; and
(3) joins the Timakwe and Mandela families in mourning for the deceased.
May her soul rest in peace!
[Applause.]
NEW CHAIRPERSON: HRC AND COMMISSION ON GENDER EQUALITY
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move without notice:
That the House -
(1) notes that the Minister for Justice and Constitutional Development, honourable Penuell Maduna, announced that Mr Jody Kollapen had been appointed as Chairperson of the Human Rights Commission and Ms Joyce Piliso-Seroke as Chairperson of the Commission for Gender Equality; (2) believes that these patriots will provide the necessary leadership to these institutions and will make a positive contribution to strengthening democracy;
(3) congratulates Ms Joyce Piliso-Seroke and Mr Jody Kollapen on their appointments; and
(4) wishes them and the institutions supporting democracy which they chair every success in their mission.
ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES
AMENDMENT BILL
(Second Reading Debate)
Dr C P MULDER: Chairperson, I rise on a point of order. The point of order is as follows: the Bill that we are now going to discuss is a Bill amending the main Act on road traffic offences. The problem is that the Bill that is in front of the House is printed in two languages, namely, English and isiZulu, in accordance with constitutional rules. The point I am making is not with regard to the languages themselves, but to the principle in general with regard to the language situation in Parliament.
The problem is that the main Act, Act 46 of 1998, that we are now amending in terms of the process this afternoon, is still in two languages, namely, English and Afrikaans; English being the official text, and the Afrikaans being the official translation. Again, I am not talking about the specific languages.
The problem is that we have a situation, as regards the department and the portfolio committee, that the amending Bill is now again in English, but that the other language is different to the one in the original Act. The practical implication is this: When the process goes through Parliament, in the end, we will have an isiZulu translation of the amending Bill that does not make sense at all on its own, because there is no main Act in isiZulu. The original official translation in Afrikaans will become useless, because there is no official translation in Afrikaans of the amending Bill.
The practical implication in the end would be that there would only be one official version, which would be the English version. The problem is that by accepting this procedure, even though the Joint Rules make provision for this in Rules 220 to 222, the process leads us to the unconstitutional position where we would be in contravention of section 6(3) of the Constitution that expects Parliament to use at least two official languages.
Although the process can go ahead, there are practical language situations which cause this problem, and it leads Parliament into an unconstitutional position. If the Chair would like to study this with regard to the whole language issue and come back to us on this at some stage, I would appreciate that.
The CHAIRPERSON OF COMMITTEES: Hon member, can I suggest that we raise this issue in the Rules Committee meeting which will be sitting in the next few days? I think it is a matter for debate in that particular committee, and we can then continue with this debate and you can raise it there.
The MINISTER OF MINERALS AND ENERGY: Thank you, Chairperson. Road Traffic management comprises many functional areas. To be effective in road traffic management the various functional areas have to operate efficiently in a system. The effectiveness of the law enforcement relies heavily on successful adjudication of road traffic offences. At the moment, the adjudication of traffic offences is not the highest priority in the judicial system. Many traffic offences are not brought to finality and there is a continuous downward trend in the finalisation of offences.
The result of the downward trend is that the possibility of successful prosecution of traffic offences is ever decreasing. This is one of the major factors that has a detrimental effect on law enforcement efforts. Another important factor influencing traffic law enforcement negatively is the fines. Fines differ vastly from one jurisdictional area to the other, causing frustration among road users and law enforcement officials. In many cases, the fine does not befit the crime that was committed, which particularly in the case of low fines, has a further detrimental effect on the traffic law enforcement.
There is no proper record keeping of previous traffic offences, therefore each traffic offender is almost always treated as a first offender. The current system is therefore open to fraud and corruption. This must be addressed in a very firm and effective manner. To improve the current state of affairs, the Department of Transport has started to develop a new system, namely the Administrative Adjudication of Record Traffic Offences System.
This Act was published in the Government Gazette of 11 September 1998. The Act provides for the establishment of the Road Traffic Infringement Agency through which offences will be administratively adjudicated. The objectives of the agency are: to administer a procedure to discourage the contravention of road traffic laws, to support the adjudication of infringements; to enforce penalties imposed against persons contravening road traffic laws; to provide specialised prosecution support services; and to undertake community education and community awareness programmes in order to ensure that individuals understand their rights and options.
Systems used in other countries to collect fines were researched before the South African AARTO was developed. It is noteworthy that the debt- collecting agencies overseas achieved success rates in collecting fines of more than 90%. The concept is so successful that the collection of other outstanding debt is also done through such agencies. Amendments to the Administrative Adjudication of Road Traffic Offences Act, 1988, will further improve the Act.
The amendment Bill provides for the offender to have an option of the right to be heard in a court of law, while serious offences must be heard in a court of law. A definition was inserted for a representation officer, while a credit card driving licence is in terms of the amendment Bill acceptable identification. The Act previously referred to national and provincial laws only, but now municipal laws have also been included.
On an institutional level the problem identified is that the Act is not flexible enough to allow a board comprising members from a public sector only. It forces a specific representation by the public and private sectors. The flexibility has now been built into the amendment Bill. Membership of the board has been increased from five to seven. Previously the Act mandated the registrar to recommend to the Minister of Justice that sheriffs or deputy sheriffs be appointed. The amendment Bill makes provision for the Minister of Transport, after consultation with the registrar, to make recommendation to the Minister of Justice on the appointment of sheriffs and deputy sheriffs so as to ensure the proper performance of the agency’s functions.
The period within which the fines should be paid was increased from 28 days to 32 days. A further concession was that fines and other costs, if any could be paid, in instalments. Offenders will be notified in a prescribed manner of the number of demerit points recorded against their crimes. Previously, a representation officer had only two options, namely, to find the infringer guilty or not guilty.
The amendment Bill now mandates the representation officer to refer the infringer to a court of law, should the representation officer be of the opinion that a court hearing may be beneficial to bring the case to finality. The amendment Bill furthermore stipulates clearly what course of action should be followed in the case of payment being dishonoured or not made.
The amendment Bill further specifies the responsible entity for the recording of demerit points, and the surrendering of revoked documents. If revoked documents are not surrendered, the offender will be guilty of a serious offence. The amendment Bill also makes provision for the case of an infringer who opted to go to court, but did not appear in court to be finalised administratively.
It also provides road users the opportunity to access their personal records of demerit points upon the payment of the prescribed fine. It is currently planned that the Act will start functioning during April 2003 when the computer system will be ready. The institutional mobilisation precedes the functional mobilisation and has already started before September 2002. [Applause.]
Mr J P CRONIN: Chairperson, hon Minister and members, the original Administrative Adjudication of Road Traffic Offences Act was passed in this House way back in 1998. Unfortunately AARTO, the Act, and the institutions that supported specifically the Road Traffic Infringement Agency and its board, have not yet been established. As a portfolio committee, and certainly as its ANC component, we have enthusiastically contributed to moving this amendment Bill rapidly through the committee stage in the belief and fervent hope that we are now clearing the way to getting the AARTO system up and running as soon as possible. I was pleased to hear the hon Minister saying that this will be done by April 2003.
Since it is now some four years since the passing of the original Act, it may be useful to remind ourselves and the public of some of the underlying background principles and objectives of this Act that we are now amending in a few minor and technical ways.
Law enforcement is obviously clearly critical to the overall management of our road traffic system. The effectiveness of law enforcement depends, amongst other things, on effective adjudication of traffic offences. But, I suppose for understandable reasons, traffic offences are not the highest priority in our often overburdened judicial system.
There has been a dramatic and very worrying deterioration in the finalisation of road traffic offences. Finalisation of these offences in terms of the Criminal Procedures Act dropped in the case of spot fines from 75% in 1989 to a pathetic 25% in 1997. In the case of summonses with the option of a fine, these dropped from 72% in 1989 to 51% in 1997. In the case of summons to appear in court, 71% in 1989 down to 25% in 1997. We are quoting figures from 1997 because that is the last year for which there is comprehensive data. However, according to the national Department of Transport, there is enough evidence, in their words, to suggest this downward trend in finalising cases involving traffic offences is continuing.
There are many inter-related problems and anomalies. As the Minister has said, fines differ vastly from one area to another, which causes frustration amongst drivers and especially amongst law enforcers. In some cases the fines are pathetically low and bear no resemblance to the offence committed. There is no proper record-keeping and therefore each traffic offender in virtually every case is treated as a first offender, regardless of the track record.
Because of the enormous variations and inconsistencies and the fact that often a traffic fine becomes a matter of bargaining on the spot, the system is open to enormous fraud, corruption and abuse. Against this background, the original AARTO system we are now slightly amending seeks to establish standard national penalties for specified offences. So there is no negotiation or arbitrariness about it. It seeks to encourage offenders in the case of infringements, not serious criminal infringements, to have their cases dealt with not in the courts, but through an alternative and less expensive and more speedy administrative system. It seeks to provide, nonetheless, for the constitutional right to be heard in a court of law if the alleged infringer wants to persist in that route. Finally, it provides for a demerit points system.
Depending on the severity of the infringement or the offence, up to four demerit points can be given for a single offence. There is a threshold of 12 demerit points and when these 12 demerit points are exceeded, a driving licence, professional driving permit or an operator’s card will be suspended. A third suspension will result in the cancellation of the licence.
There is also a provision for good behaviour to prevent one from being stuck at 12 demerit points for the rest of one’s life. Demerit points will diminish one per every three months of an offence-free period. What is also very important in the conceptualisation of AARTO is that while drivers of public transport and freight transport vehicles and so on will be issued with demerit points themselves personally for offences, provision is also made for joint responsibility with operators for offences such as speeding, overloading and unroadworthiness which are often caused by bad management or pressures put by operators onto drivers themselves. Operators will therefore also receive demerit points for offences of that kind.
Finally, the whole system depends on effective national information-keeping so that we should be able to keep track of people are repeat offenders and of what the demerit points situation is. Therefore, this depends on getting the National Traffic Information System up and running.
In conclusion, we are not just dealing narrowly with road offences. It is important to understand that we are trying through Arrive Alive, AARTO and its amendments, the Road to South African Safety, to cultivate and foster a different attitude towards the public spaces that we all share, such as roads. It is very important to encourage different social behaviour. Hopefully, AARTO and its implementation will contribute towards doing this. The ANC obviously supports the amendments to the AARTO Act.
Mr S B FARROW: Mr Chairperson, the original Act, which was assented to in 1998, had very good intentions. It was proclaimed in order to promote road traffic quality by providing for a scheme to discourage road traffic contraventions and to facilitate the adjudication of road traffic infringements, while supporting the prosecution of offences in terms of national and provincial laws through the introduction of the demerit system administered by the board.
Since 1998 much water has gone under the bridge, so to speak. Firstly, we have new municipalities and metros whose laws now have to be taken into consideration. The new smart card drivers’ licence was also introduced, and we have this national contraventions register which was updated and brought in line to ensure that offenders were brought to book, irrespective of where the offence took place.
This process, despite having taken a number of years to come into effect - and it still has not really been finally sorted out - has effectively meant that some of our members, including myself, have really witnessed the effect of this when we tried to relicense our vehicles without having paid outstanding fines. We also had a situation whereby infringers were not being informed of their rights and, where they had failed to comply, they were issued with the necessary warnings before executing a warrant against them, if they failed to appear in court or to pay the fine.
Although I am not sure that the Road Traffic Infringement Agency was able to deliver on the service, it certainly deserves our support. The Bill before us required amendments to some 23 sections of the original Act and can be fully justified, but only if we are going to be serious about the efficiency of our traffic management.
The DP, therefore, supported the amendments in the portfolio committee and, in particular, the need to increase the numbers, the representation and the competency of the board, with the proviso that the portfolio committee was kept advised of these appointments. This inclusion was done, not to give the Minister more work, but to ensure that, as parliamentarians, we can hold the Minister, who makes these appointments, accountable and that we can effectively play the oversight role that we were elected to do.
The original Act is quite clear about the functions of the board and its agencies. With the amendment before us, hopefully, the DA can look forward, in years to come, to improvements in the downward trend of traffic offences not brought to finality. At the moment, the adjudication of traffic offences is not the highest of priorities in the judicial system, and the current system is open to fraud and corruption.
The agency and its board have a major role to play in this regard, as the Act requires them to provide both training and law enforcement equipment to authorise officers, prosecutors and issuing authorities, and I trust that they will take this part of their role more seriously.
The amendments are not about improving the systems of fine collections by allowing offenders to pay fines within a 32-day period and prescribing options for the payment of fines by instalments as opposed to having to go to court. It is about the effectiveness of law enforcement and zero tolerance.
All in all, the amendments of the Act should greatly improve the current state of affairs, and at the same time honour the constitutional rights of those offenders who are not properly administered to by the Act and who wish to be heard in a court of law. Unfortunately, demerit points will be applicable to all traffic offences in future, but good behaviour will also be taken into account. This will entail proper record-keeping and an effective database in order for it to work efficiently.
The DA would like to encourage the Minister to get the AARTO system working as soon as possible in order that evaders and habitual offenders meet the full wrath of the law, and in so doing, bring about a fair, equitable and uniform system of penalties throughout South Africa. Only this will be able to bring about respect for and control over the lack of law enforcement in our country which kills, maims and injures thousands of people every year on our roads.
The DP supports the Bill. [Time expired.] [Applause.]
Mr J H SLABBERT: Mr Chairperson, I think that most of the members in this House would agree with me that the South African road users are among the worst in the world. Our national accident, death and injury statistics appear to support this statement. It is, therefore, no surprise that South African road users also excel at the number of road traffic offences that are committed annually, as is borne out by the hundreds of thousands of traffic tickets that are handed out by our law enforcement agencies.
The major problem is that the vast majority of these traffic tickets are simply ignored by offenders, and the authorities do not have the capacity to trace and impose further sanctions on these offenders.
Furthermore, traffic offences have for long been dealt with in terms of the Criminal Procedure Act, which has led to a situation, as said by the Chairperson, where only 25% of spot fines in 1997 were successfully finalised. In the case of summonses to appear in court again, only 25% of cases were successfully finalised in 1997.
Although no recent statistics are available, the Department of Transport believes that the downward trend is continuing. The negative impact of this downward trend on effective law enforcement in the road traffic sector cannot be overemphasised. The Minister and the Department of Transport have gone to great lengths to strengthen traffic law enforcement and road safety awareness, but their efforts will come to naught if traffic offenders are not prosecuted relentlessly and effectively.
The 1998 principal Act was designed to address the shortcomings in the successful prosecution of traffic offenders via an administrative adjudication process that was supposed to address the obstacles presented by the criminal justice system to successful prosecution of traffic offences.
The Bill before us today aims to further streamline the process and to strengthen the hand of the law enforcement authorities to prosecute road traffic offenders quickly and effectively. The idea is a sound one and, for that reason, the IFP will support the Bill as a whole.
However, what we simply cannot support is the provision that offenders will, in future, be able to pay off their fines in instalments. If the idea behind the principal Act of this amendment Bill is to streamline the administrative process of dealing with traffic offences, then this provision represents a backward step.
The required additional administrative capacity and massive administrative problems associated with acting as a debt collecting agency will, no doubt, hinder the very situation the law was designed to deal with, in other words, speedy administrative adjudication of traffic offences.
We know that the authorities are experiencing massive problems with traffic offenders who have supplied false or fictitious addresses or names, and who have presented fraudulent licences and identity documents. The problem in this regard will be multiplied many times over, as the authorities will now also have to run after offenders who have defaulted on their instalments, who have fallen behind with their payments or who have simply disappeared without paying.
In the end, this provision will not achieve the desired effect and will only add to the already huge number of traffic offenders who simply ignore tickets and summonses, and it will amount to yet another body blow to effective road traffic law enforcement.
Without relentless and competent law enforcement, South Africa will not at any time soon solve the carnage on our roads.
Mnr J J NIEMANN: Mnr die Voorsitter, die Nuwe NP steun hierdie wetgewing. Ek wil graag uit ‘n ander hoek die gevolge van hierdie wetgewing belig. Suid-Afrika het ‘n lewenstryd om die dood van die pad af te hou. Jaarliks word miljoene rande bestee aan verskillende veldtogte om inligting oor padveiligheid oor te dra, onder meer bewusmaking by skole en allerlei inrigtings. Feitlik daagliks lees ons van voetgangers wat doodgery word en fietsryers wat sterf.
Elke dag is daar talle motors wat betrokke is in noodlottige ongelukke, busse wat om die een of ander rede van die pad af loop, en talle mense sterf. Die Minister verwys selfs na sekere voertuie as doodskiste op wiele. Dwarsdeur die land is tienduisende matrikulante besig met hul eindeksamens. Talle is besig met die skryf van hul laaste eksamen van die lewe, want na die matriekeksamen begin die jollifikasie van die sogenaamde grootmenswees. Duisende jongmense trek saam op verskillende vergaderplekke waar jol hoogty vier. Dikwels word morele standaarde by die ouers agtergelaat, en is drank en spoed met pa se kar of bakkie die paspoort tot die ewige lewe.
Hierdie wetgewing is juis daar om uiteindelik ‘n ommekeer in die sterftesyfer op ons paaie te bring, en dit terug te bring na internasionaal aanvaarbare vlakke. Daardeur sal tienduisende lewens gespaar word, waarvan duisende dié van hoogs opgeleide en professionele burgers is. Daar sal ook biljoene in man-ure gespaar word in die arbeidswêreld.
Tans bestaan daar ‘n kultuur om ‘n mens nie te steur aan padveiligheid of verkeerswette nie, en gevolglik betaal die oortreders nie die boetes nie, of koop eenvoudig geregsdienaars om en verskyn bloot net nie in die howe nie. Miskien is dit ook as gevolg van die feit dat die regstelsel verkeersoortredings nie as ‘n baie hoë prioriteit stel nie. Met die inwerkingstelling van hierdie wet sal die miskenning en traak-my-nieagtige houding teenoor verkeersveiligheid en verkeerswette egte tot ‘n einde kom. Ek hoop so.
Ek wil ‘n paar voorbeelde noem. Ons paaie sal uiteindelik vernietig word as gevolg van geweldige oorlading van vragvoertuie. Met dié wet sal nie net die eienaar beboet word nie, maar ook die bestuurder. Albei sal volgens ‘n puntestelsel benadeel word. As ‘n bestuurder weer gevang word, kan dit uiteindelik lei tot die opskorting van sy bestuurderslisensie, maar ook die eienaar kan sy permit om vrag te vervoer tydelik verloor. Ook diegene wat onpadwaardige voertuie besit of bestuur, staar dieselfde strawwe in die gesig, maar so ook die ``smart guy’’ wat dink hy kan wegkom met verkeersoortredings. (Translation of Afrikaans speech follows.)
[Mr J J NIEMANN: Mr Chairman, the New NP supports this legislation. I would like to view the effects of this legislation from another angle. South Africa is involved in a life struggle to keep death off the roads. Millions of rands are being spent annually on various campaigns to convey information on road safety, among others awareness campaigns at schools and all types of institutions. We read virtually daily about pedestrians who are knocked over and killed and cyclists who die.
Every day many cars are involved in fatal accidents, buses which for some or other reason leave the road, and many people die. The Minister even refers to certain vehicles as coffins on wheels. Throughout the land tens of thousands of matriculants are writing their final examinations. They are also writing the final exams of their lives, because after the matric examinations the revelry of so-called adulthood starts. Thousands of youngsters get together at various places where the party runs riot. Often moral standards are left behind with the parents, and liquor and speeding with dad’s car or bakkie become the passport to eternal life.
This legislation is there particularly to bring about a reversal of the death rate on our roads by bringing it back to internationally accepted levels. In this way tens of thousands of lives will be spared, thousands of which are those of highly trained and professional citizens. Billions in man-hours will also be saved in the labour market.
At present there is a culture of noncompliance with road safety and traffic laws, and therefore the offenders do not pay the fines or they bribe the officers and simply do not appear in court. It may also be because the judicial system does not regard traffic offences as too high a priority. However, with the commencement of this law, the disregard and devil-may- care attitude towards traffic safety and traffic laws could come to an end. I hope so.
I want to name a few examples. Our roads will eventually be destroyed by the gross overloading of goods vehicles. With this law not only the owners, but also the drivers will be fined. Both will be prejudiced according to a points system. If a driver is caught again, it could lead to the eventual suspension of his driver’s licence, but the owner can also temporarily lose his licence to haul freight. Those who possess or drive unroadworthy vehicles may face similar penalties, but the same applies to the smart guy who thinks he can get away with traffic offences.]
Mr D G MKONO: Hon Minister and hon members, the Administrative Adjudication of Road Traffic Offences Amendment Bill aims to provide for the determination of tariffs by the Minister, who should also prescribe an extended period for payment of infringements and matters related to that. The Bill also aims to regulate the composition of the board to represent and control the agency which comprises 5 persons appointed by the Minister, and who by virtue of their relevant experience and technical expertise are suitably qualified to perform the functions of the agency under the Act.
The board may appoint not more than 25 persons as deputy registrars. Section 2 of the principal Act promotes and encourages compliance with the national, provincial and municipal laws relating to road safety, thereby rewarding law-abiding behaviour by reducing demerit points where they have been incurred if infringes or offences are not committed over a specified period. If a person incurs demerit points which are recorded against that person in the national contravention register, and those points are not reduced as contemplated in clause 28, but exceed the total contemplated in clause 29(d), that person is disqualified - with effect from 32 days after such excess points have been incurred - from driving or operating another vehicle.
Whilst we welcome and support this effort, the UDM is worried about the acute shortage of traffic officers on our roads as their visibility would go a long way towards discouraging traffic regulation offenders on our roads. The UDM would also like to encourage government to intensify the road safety education campaign in an endeavour to curb road carnage as hundreds of thousands of commuters are losing their lives day in and day out through negligence and reckless driving by taxis and bus operators. The UDM supports the Bill.
Mr S N SWART: Mr Chairman, this Bill seeks to regulate and increase from 5 to 7 the composition of the Road Traffic Infringements Agency Board, to provide for the appointment of sheriffs to carry out the agency’s functions and to prescribe an extended period for the payment of infringement fines. Whilst the main objectives of such fines is not to swell the coffers of local authorities but to punish road users for, and deter them from committing traffic offences, it is undeniable that local authorities are losing millions of rands due to nonpayment of fines. There is clearly a need to increase the capacity and numbers of sheriffs to serve summons and execute warrants of arrest. It is also significant that where a person incurs demerit points resulting in being disqualified from driving for a third time, that person must hand in his driver’s licence to the issuing authority forthwith, and failure to do so will amount to a criminal offence.
The ACDP supports the amendment Bill and trust that effective law enforcement will reduce the carnage and loss of lives that we see on our roads. Miss S RAJBALLY: Siyabonga ngegama lamakhosikazi! [Praise be to the name of women!]
Chairperson, the media have provided us with enough coverage of the high rate of road accidents throughout South Africa. All hon members need to do is listen to the radio guide on traffic congestion or watch Morning Live to note that the morning does not pass without there being an accident report.
It is even more unfortunate to note that many of these road accidents involve innocent, traffic-abiding and licensed drivers who fall victim to the negligent driving of another driver. Accidents do happen, but when it is the result of negligence and other irresponsible reasons, something needs to be done about it. The Minority Front supports the need to put in place certain provisions to enable us to deal with a desperate situation. Lives are being claimed and even worse is that it is costing the state money as well. The Minority Front does compliment the department on the increase, nicknamed the ``pizza boys’’, that has increased sufficiently the performance of drivers on the road. They have made the public … [Time expired].
Mdi H F MALEBANA: Mohlomphegi Modulasetulo, [Hon Chairperson]
Firstly, I would like to congratulate the Government for realising that the salaries of traffic officers have to be improved. This will reduce corruption that always occurs on our roads.
Mang le mang o nyaka go ipona a kgona go phetha mabaka a gagwe a bophelo ntle le tšhitelo goba gona go palelwa ke go fihla mo a yago gona, ka baka la dikotsi tša tsela. Dikotsi tša mebileng di šarakantšha mananeo ao batho ba ipeelago wona le go ba hlolela mahu le dikgobalo tša mmele tšeo di šiišago. Ka goo, ke maikarabelo a modiriši wa tsela go hlokomela gore go se be le tšharakano mo mananeong a gagwe ka go bona gore tšhireletšego mebileng ya rena, go akaretšwa tsebo ya melao ya tsela, tlhokomelo le phethagatšo ya yona di fiwa šedi e kgolo. (Translation of Sepedi paragraph follows.)
[People want to be able to do their daily chores and plan their lives without any hassles, especially those caused by road accidents.
Road accidents cause havoc in people’s lives and destabilise people’s lives through unnecessary deaths and severe injuries. It is therefore the road user’s responsibility to see to it that he/she observes the rules of the road. This calls for rules of road safety to be given a high priority.]
The Administrative Adjudication of Road Traffic Offences Act is being amended so as to regulate the composition of the board. The Minister will appoint five members who will include public servants with expertise and experience in order to be able to perform their duties. In consultation with the Minister, the National Director of Public Prosecutions will nominate a Director of Public Prosecutions also to serve on the board. The registrar of the agency and the board may appoint not more than 25 persons to serve as deputy registrars in the provinces.
To ensure the proper performance of the agency’s functions, the Minister of Transport, after consultation with the registrar, may recommend to the Minister of Justice to appoint the sheriffs. The period for notifying the infringer is extended from 28 days to 32 days after the date of the service of the infringement.
Molaokakanywa wo o dumelela motho yo a tshetšego molao go ka lefa kotlo ya gagwe ka matšatši ao a beilwego. Go le bjalo, o hwetša phokoletšo go kotlo ya gagwe ge a ka lefa ka pela. Gape molefišwa a ka ya go dira dithulaganyo le motšhotšhisi wa gagwe gore a lefe kotlo ya gagwe ganyenyane-ganyenyane go fihlela a fetša molato wa gagwe. Ge mong-molato a palelwa ke go lefa, o tlo romelwa tsebišo ya lengwalo yeo e rejistarilwego, go mo gopotša ka ga tshelo ya gagwe ya molao le gore tefo ya gagwe e šaletše morago. Ge seo se ka pala, go tlo tšwa lengwalo la go gapeletša gore tefelo ya molato bjale e nyakega ka kgang. Ge maitekelo ao ka moka a padile, go ba le ditla-morago tšeo di akaretšago go tšeelwa diphatlho, bjalo ka mo re bonago disekopione di dira ka gona le go tšeelwa lengwalo la bootledi goba gona go tlošwa ga papetlasediko ya laesense koloing ya mong-molato. (Translation of Sepedi paragraph follows.)
[The Act allows for the person who infringes it to be fined for a specific number of days. In that case, the infringer can get a reduced fine, if paid on time.
The infringer can make arrangements with the magistrate to pay his/her fine in certain terms until he/she finishes. If the accused is unable to pay the fine, notification in a registered letter will be sent to him/her to remind him/her about the offence and that he/she is behind with the payments. Failing that, a letter showing the urgency of payment will be sent. If all that fails, the after effect will be that property will be attached, like what the Scorpions are doing, and licences withdrawn or licence discs removed from vehicles.]
If the infringer pays insufficient funds, or pays with a cheque that is dishonoured by the bank, the process of informing him or her must start again. This time the full amount owed must be paid within 32 days, together with the notice fee and including the interest, failing which a warrant will be issued against him or her and he or she will get the demerit points recorded in the national contraventions register.
The infringer on whom an enforcement order is served may pay at the local registering authority or at a drivers testing licence centre. If this happens, then the national contraventions register will be updated to the effect that a payment, with all penalties, has been received. Then the infringer will be informed in a prescribed manner, that is, in writing.
If the enforcement order is revoked, the national contraventions register must be updated and the infringer must be informed accordingly and his or her driver’s licence or the endorsement on the identity document must be cancelled.
If all fails and there is still no compliance, then a summons may be issued in terms of the Criminal Procedure Act of 1977. The prosecutor has to notify the issuing authority or the agency in writing of the outcome of the case if he declines to prosecute. The clerk of the court must notify the agency that must update the national contraventions register, and this time no admission of guilt may be accepted.
Ge tšeo ka moka di padile, motshela-molao o tšwelwa ke lengwalo la go ya ntlwana-swana. Dintlha tšeo motho a di hwetšago ge di fihla go palo yeo e bontšhago go hloka maikarabelo gagagwe mo mebileng, o tšeelwa lengwalo la bootledi. (Translation of Sepedi paragraph follows.)
[If all that fails, the infringer receives a warrant of arrest, and if points accumulated show some irresponsibility on the road, his licence is repossessed.]
The national contraventions register must indicate this. The infringer must hand in his or her licence to the authority for retention.
Motho yo a tshelago molao ka go otlela koloi ka morago ga go tšeelwa mangwalo a bootledi o otlwa ka go golegwa goba go lefa goba a golegwe a be a lefe ka nako ye tee. (Translation of Sepedi paragraph follows.)
[A person who drives after his licence has been repossessed can be arrested, asked to pay or both. It is the responsibility of every infringer to go and check out whether he/she has gained points after obeying the law.]
After the demerit points have been registered, a point is reduced by the agency after every three months.
Ke maikarabelo a motshela-molao o mongwe le o mongwe go bona gore o fela a e ya go hlola gore dintlha tšeo a di hweditšego di a phumulwa ge a obamela melao ya tsela ka tshwanelo.
Tše ka moka di dirwa ka maikemišetšo a go hlohleletša gore melao le maswao a tsela di obamelwa ke bohle, go gatelela botlhokwa bja tšhomišano mo mebileng, go gatelela kudu polokego mo mebileng le go fokoletša dikgoro tšsaa tsheko melato e menyenyane yeo ba bego ba na le yona. (Translation of Sepedi paragraphs follows.)
[All this is done with the intention to encourage people to obey the rules and road signs, to emphasise the importance of co-operation on the road, to emphasise safety and to reduce the number of court cases.]
All this is possible if we all co-operate, if we do not speed or drink and drive. [Applause.]
The MINISTER OF MINERALS AND ENERGY: Mr Chairperson, I would like to thank the hon members and all the parties who participated in this discussion. I also thank them on behalf of Minister Omar, especially for the fact that all the parties enthusiastically support the rule of law and would like to see this legislation and these amendments going forward.
Indeed, this will go a long way towards reducing the number of accidents that we have on our roads, encourage new drivers to be much more careful and improve the driving capability and vigilance of the older drivers, like some of us in this House. [Applause.]
Debate concluded.
Bill read a second time.
The House adjourned at 17:55. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 9 September 2002 in terms
of Joint Rule 160(3), classified the following Bill as a section
75 Bill:
(i) Explosives Bill [B 43 - 2002] (National Assembly - sec
75).
National Assembly:
- The Speaker:
The vacancy which occurred owing to the resignation of Ms H N Qegu, has
been filled with effect from 9 October 2002 by nomination of Mr O
Bapela.
- The Speaker:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following paper is referred to the Portfolio Committee on
Justice and Constitutional Development. The Report of the Auditor-
General is referred to the Standing Committee on Public Accounts
for consideration and report:
Report and Financial Statements of the Special Investigating Unit
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002.
(2) The following paper is referred to the Portfolio Committee on
Foreign Affairs. The Report of the Auditor-General is referred to
the Standing Committee on Public Accounts for consideration and
report:
Report and Financial Statements of the Department of Foreign
Affairs - Vote 3 for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 206-
2002].
(3) The following paper is referred to the Portfolio Committee on
Finance:
Resolutions of the Standing Committee on Public Accounts for 2002
and replies thereto obtained by the National Treasury - Second
Report, 2002.
(4) The following papers are referred to the Portfolio Committee on
Arts, Culture, Science and Technology. The Reports of the Auditor-
General are referred to the Standing Committee on Public Accounts
for consideration and report:
(a) Report and Financial Statements of the National Film and
Video Foundation for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP
193-2002].
(b) Report and Financial Statements of the National Arts
Council for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 202-
2002].
(5) The following paper is referred to the Portfolio Committee on
Provincial and Local Government. The Report of the Auditor-General
is referred to the Standing Committee on Public Accounts for
consideration and report:
Report and Financial Statements of the Department of Provincial
and Local Government - Vote 5 for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-2002
[RP 175-2002].
(6) The following paper is referred to the Portfolio Committee on
Social Development. The Report of the Auditor-General is referred
to the Standing Committee on Public Accounts for consideration and
report:
Annual Financial Statements of the President's Fund, Social Relief
Fund, Refugee Relief Fund and the High School Vorentoe Disaster
Relief Fund for 2001-2002, including the Reports of the Auditor-
General on the Financial Statements for 2001-2002 [RP 204-2002].
(7) The following paper is referred to the Portfolio Committee on
Sport and Recreation. The Report of the Auditor-General is
referred to the Standing Committee on Public Accounts for
consideration and report:
Report and Financial Statements of the South African Sports
Commission for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Education:
Report and Financial Statements of the Department of Education - Vote
14 for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 123-2002].
- The Minister of Finance:
(a) Convention between the Government of the Republic of South
Africa and the Government of the United Kingdom of Britain and
Northern Ireland for the Avoidance of Double Taxation and the
Prevention of Fiscal Evasion with respect to Taxes on Income and
Capital Gains, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Convention.
(c) Agreement between the Government of the Republic of South Africa
and the Government of New Zealand for the Avoidance of Double
Taxation and the Prevention of Fiscal Evasion with respect to
Taxes on Income, tabled in terms of section 231(2) of the
Constitution, 1996.
(d) Explanatory Memorandum to the Agreement.
(e) Agreement between the Republic of South Africa and the Kingdom
of the Netherlands regarding Mutual Administrative Assistance
between their Customs Administrations for the proper application
of customs law for the Prevention, Investigation and Combating of
customs offences, tabled in terms of section 231(3) of the
Constitution, 1996.
(f) Explanatory Memorandum to the Agreement.
(g) Agreement between the Government of the Republic of South Africa
and the Government of the Czech Republic regarding Mutual
Assistance in Customs matters, tabled in terms of section 231(3)
of the Constitution, 1996.
(h) Explanatory Memorandum to the Agreement.
(i) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Mozambique regarding Mutual
Assistance between their Customs Administrations, tabled in terms
of section 231(3) of the Constitution, 1996.
(j) Explanatory Memorandum to the Agreement.
(k) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Zambia regarding Mutual
Assistance between their Customs Administrations, tabled in terms
of section 231(3) of the Constitution, 1996.
(l) Explanatory Memorandum to the Agreement. 3. The Minister of Environmental Affairs and Tourism:
Report and Financial Statement of the South African Tourism for 2001-
2002, including the Report of the Auditor-General on the Financial
Statements for 2001-2002.