CoA to rule on vehicle flagging regulations

Police officers confronting a truck driver. Vehicles whose drivers fail to pay police fines are  flagged without notification of owners. Three bus operators want the regulation scrapped.
Police officers confronting a truck driver. Vehicles whose drivers fail to pay police fines are flagged without notification of owners. Three bus operators want the regulation scrapped.

The Court of Appeal will on February 5 deliver judgment in the case in which three public bus service operators want sections of the Road Transport Act declared unconstitutional.

The three operators, Mokoka Transport and Plant Hire, JNG Express and Thiphe Holdings moved to the Court of Appeal after the High Court declined to grant their prayers last year. In their application to the High Court, the operators wanted a declaration that the Motor Vehicle Flagging Regulations that were introduced into the Road Traffic Act in 2010 by the then Minister of Transport and Communications, Frank Ramsden unconstitutional.

“….all provisions of Statutory Instrument No 122 of 2010 which provide [for] motor vehicles to be flagged by the Department of Road [Transport]and Safety on the issuance of a traffic ticket or other accusation of an offence under the Road Traffic Act[Chapter 69:01] be and hereby struck down and declared as of no legal force and effect,” the operators argued.

Editor's Comment
CoA brings sanity to DIS/DCEC long-standing feud

This decision follows the raiding of the office of the former Director General of the DCEC, Tymon Katlholo early 2022 and his staff officer by the DIS operatives who reportedly took files that they had targeted.After all back and forth arguments, the CoA has set the record straight giving an invaluable lesson to the DIS that it was no super security organ and it does not have any powers to cogently supervise other security organs including the...

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