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PUBLIC SERVICES SELECT COMMITTEE
5 November 2002
ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES AMENDMENT BILL: FINALISATION
Chairperson: Ms PCP Majodina (ANC)
Documents Handed Out:
Negotiating Mandates for Nine Provinces (please email email@example.com for a copy)
The Administrative Adjudication of Road Traffic Offences Amendment Bill [B42B-2002]
The Committee considered the final mandates of the provinces. In the absence of objections, the Bill was adopted as amended by all nine provincial delegates. Gauteng and Northern Cape representatives were not present during the deliberations but supported the principle of the Bill. The purpose of the amendment are to regulate the payment of traffic fines and any matters related thereto, amending the Adjudication of Road Traffic Offences Act, 1998.
All nine provinces accepted and agreed to adopt the Administration Adjudication of Road Traffic Offences Amendment Bill. Although the acceded to the purport and the spirit of the Amendment Bill, they were concerned raised on the issue of "unfunded mandates".
Ms Majodina expressed concern on this issue and requested explanation from Department of Transport representatives.
Mr Van Tonder (Department of Transport) explained that the municipal authorities needed to have access to proper information systems in order to avoid burdening the local authorities with collection of revenues originating from traffic offences. He indicated that plans are afoot to furnish all local authorities with information systems concerned. It is believed that the information system will enable local municipalities to forward information regarding traffic offences. However this matter is yet to be finalised and the Committee will be given feedback in due course. Nonetheless, Mr Van Tonder agreed that this Bill does not address the issue of "unfunded mandates".
Mr Windvoel (ANC) sought clarification on the issue of appointment of sheriffs in accordance with this Amendment Bill. He asked whether the Minister cited in the Memorandum of the Bill is the Minister of Justice or Minister of Transport.
Mr Van Tonder explained that the Minister of Transport will make recommendations to the Minister of Justice on the appointment of Sheriffs. Therefore the Bill provides for a process of consultation between the aforesaid ministries. The eventual power lies with the Minister of Justice. The State Law Advisors Office concurred with this point.
A State Law Advisor suggested that the Long Title of the Bill be substituted with the wording "to further regulate the appointment of sheriffs". This suggestion was based on grounds that the heading of the Bill already provides for the appointment of sheriffs. The Committee accepted this suggestion and agreed that this wording be inserted into the Bill in question.
The Chair noted point that the Department of Transport must embark on a campaign to educate the general public about transport-related legislation passed by Parliament this year. Ms Majodina read a motion of desirability and all Members voted in favour of adoption of the Amendment Bill of 2002.
The meeting was adjourned.
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