Stoychev was not fined for evading e-tolls: JPSA
Much was made on Thursday of Stoyan Hristov Stoychev being “the first victim of e-tolls prosecution”‚ however‚ this was “not strictly in fact the case and it must be clearly understood that what Mr Stoychev did was to falsify his number plates”‚ said Howard Dembovsky‚ the national chairman of Justice Project South Africa (JPSA).
“While we fully expect SANRAL to capitalise on this seeming successful prosecution‚ using their usual smoke and mirrors tactics‚ it would be not be correct for anyone to assume that Mr Stoychev’s plea agreement and resulting conviction serves to demonstrate that not paying e-tolls while your number plates are genuine and are lawfully displayed will lead to a similar conviction.
“Most people do not falsify their number plates and therefore could not be charged with fraud‚ the absence of which would then leave the matter of not paying e-tolls to be heard if the matter is defended instead of a plea agreement being reached.
“JPSA remains of the opinion that non-payment of e-tolls should be prosecuted under the Administrative Adjudication of Road Traffic Offences Act since it is catered for as a non-criminal infringement therein.”
Meanwhile‚ said Dembovsky‚ it was “interesting to note that charges of allegedly using false number plates on his vehicle brought against Telkom CEO‚ Sipho Maseko wherein he allegedly incurred traffic fines to the value of R18‚000 were withdrawn against him in the Wynberg Magistrates Court last week”.
“He was not charged for e-tolls evasion.
“It is also interesting to note that the case of using the same false number plates on his BMW Z4 and Harley Davidson motorcycle‚ BALTY GP‚ brought against former TMPD (Tshwane Metro Police Department) deputy chief‚ Ndumiso Jaca‚ has still not been concluded‚ four years after the fact.”
On Thursday‚ Stoychev “was convicted and sentenced in the Pretoria Magistrates Court on charges of common fraud‚ the modus operandi of which was to falsify his number plates‚ presumably in order to evade camera-based traffic fines‚ as well as e-tolls. He was not however charged with a single speeding offence.”
Dembovsky said that after reaching a plea agreement with the State‚ Stoychev had pled guilty to fraud by falsifying his number plates and to violating section 27(5)(a) of the SANRAL Act‚ and was sentenced in accordance with the plea agreement.
On the charge of fraud (count 1): A fine of R20‚000 or 6 months imprisonment‚ with a further term of 12 months imprisonment suspended for five years; and 100 hours community service with the SPCA.
On the charge of violating Section 27 of the SANRAL Act (count 2 to 988 – all counts taken together): A fine of R20‚000 or 6 months imprisonment‚ wholly suspended for five years on the condition that he paid his existing e-tolls bill of R14‚873.81 over a period of six months and did not fail to pay e-tolls in future.
“Falsifying number plates is forbidden under the National Road Traffic Act‚ for obvious reasons and this offence is usually prosecuted as fraud by our courts‚ as was the case in this matter‚” Dembovsky said.
RDM News Wire.