KwaZulu-Natal transport and human settlements MEC Siboniso Duma has hailed the R30,000 fine and suspension of the driver’s licence of a motorist who was arrested for driving 172km/h in a 120km/h zone in the province in December.
The driver was arrested during the #NenzaniLaEzweni operation and sentenced to a R30,000 fine or eight months in prison by the Scottburgh magistrate’s court.
“Through this suspension of a driver’s licence, we are communicating a clear message that a driver’s licence is a legally granted privilege and not a constitutional right. Therefore, we will ensure that we take it away in order to prevent you from killing innocent people on the road,” said Duma.
“We wish to congratulate the RTI Park Rynie team for their high-speed arrest rate and successful conviction. Equally we thank the Scottburgh magistrates for their professionalism and the whole department of justice and constitutional development for managing our cases effectively.”
Duma said nobody is above the law and warned KwaZulu-Natal motorists that they should not be misled by the judgement in the Western Cape High Court on January 9, which found that the arrest of lawyer Hymie Zilwa on March 28 2019, for speeding was unlawful.
Zilwa said he was wrongfully arrested and detained for about six hours after traffic officials claimed he was caught driving at 188km/h in a 120km/h zone in the Central Karoo. Zilwa claimed he was not the driver of the vehicle at the time.
Acting judge Pearl Andrews declared the arrest unlawful, as Zilwa was never shown a warrant or advised properly of his rights. She also found that speeding — even at 68km/h over the limit — is not a schedule 1 offence under the Criminal Procedure Act, which sets out the narrow circumstances in which a police officer can arrest a person without a warrant.
However, Duma said this judgement did not bind KwaZulu-Natal authorities, which were guided by the act, which authorises a police officer to arrest any person without a warrant if that person commits or attempts to commit an offence in their presence.
Regional courts are not bound by rulings from other magistrates, confirmed a legal expert from the Organisation Undoing Tax Abuse (Outa), who said that only the constitutional court had the power to decree national laws and protocols.
Duma said KwaZulu-Natal authorities would “continue to arrest and remove from our road networks reckless and irresponsible drivers, as they are a major risk to other innocent road users”.
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