Gated communities can’t enforce traffic laws‚ rules for domestic workers

17 November 2017 - 18:08 By Timeslive
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Image: 123rf/Andre Van Der Veen

Private estates cannot enforce road traffic law or “domestic rules” similar to the curfews and pass laws of the apartheid era‚ the KwaZulu-Natal High Court has ruled.

The judgment was the conclusion to a long-running case brought by Niemesh Singh‚ a resident of Mount Edgecombe Country Club Estate‚ who argued that speed trapping in the estate was unlawful.

“Domestic rules” that the judgment has struck down include estates only allowing domestic workers to walk on the streets between 6am and 6pm.

The judges said the estate had not taken the steps required by the National Road Traffic Act and that enforcement may only be carried out by an officer authorised to do so.

Justice Project South Africa chairman Howard Dembovsky said the roads in most gated communities fall within the definition of a “public road” as is defined in the Act.

He said the judgment confirmed that cannot set up speed measuring equipment‚ stop alleged infringers and issue them with fines.

“JPSA wishes to congratulate Mr Singh for his sheer persistence and courage in standing up to the private estates‚ which have set themselves up as enclaves operating outside the law and Constitution‚” Dembovsky said.

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