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PR-NDEBELE-DRIVING-LICENCES SAPA PR --MINISTER NDEBELE REFERS COMMENTS ON DRIVING LICENCES TO MA... |
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Feb 08, 2010 at 02:32 PM |
ISSUED BY: MINISTRY OF TRANSPORT
ATTENTION: NEWS EDITORS, TRANSPORT REPORTERS
FOR IMMEDIATE RELEASE:
8 FEBRUARY 2010
MINISTER NDEBELE REFERS COMMENTS ON DRIVING LICENCES TO
MAGISTRATE'S COMMISSION
Transport Minister Sibusiso Ndebele will be referring to the
Magistrates' Commission comments attributed to Gauteng Chief
Magistrate Daniel Thulare that you can drive without a driving
licence if you can prove that your learner's licence has expired
after you tried to be tested several times but to no avail.
The comments were reported in today's (8 February 2010) Sowetan
newspaper.
Minister Ndebele said that the Republic of South Africa is one,
sovereign, democratic state founded on, amongst other values,
supremacy of the constitution and the rule of law. "Why is
Magistrate Thulare, who is supposed to be a custodian of our law,
advocating lawlessness? The supremacy of our constitution and the
rule of law are foundational to the democracy established by the
constitution. Whilst we respect the independence of the judiciary,
in all constitutional democracies the judiciary plays a pivotal
role in shaping society. The judiciary therefore needs to
engender trust, integrity and moral rectitude.
"According to the National Road Traffic Act (Act 93 of 1996),
any person who drives a motor vehicle on a public road must be in
possession of a valid driving licence. Therefore, it is illegal to
drive a motor vehicle without a valid driving licence. In the event
of a collision, the driver will be charged for being unlicensed and
a civil claim for damages may also be instituted against an
unlicensed driver. An unlicensed driver not only poses a threat to
his/her own safety but also to the safety of other road users. We,
therefore, want to warn road users that any driver who is not in
possession of a valid driving licence will be arrested.
"Based on Magistrate Thulare's comments on driving licences, may
we then assume that an accused who appears in court, and the case
is remanded several times as a result of no fault of the accused,
should simply ignore warnings to appear in court again? Should
persons who have been unsuccessful several times in obtaining a
firearm licence simply continue to be in possession of a firearm
without a valid licence?
"The Department of Transport is continuously engaging with
provinces and municipalities to address service delivery challenges
relating to the issuing of learner and driving licences. To this
end, we have moved towards computerized licensing testing systems
and have rolled out mobile and fixed stations in parts of the
country. KwaZulu-Natal already has 21 fixed stations and two mobile
stations; Gauteng has one fixed station and two mobile stations;
Mpumalanga has three fixed stations and one mobile station. The new
computerized system is also assisting to root out fraud and
corruption. For rural communities, new mobile licence testing
centres are bringing services closer to the people".
"Further, in partnership with the Department of Basic Education,
road safety education is being introduced as part of the life
skills curriculum at schools. As part of this programme, we want to
ensure that learners in Grade 11 are able to acquire their
learner"s licences and their driving licences as they complete
Grade 12.
"The comments attributed to Magistrate Thulare are therefore
disconcerting, misleading and totally unethical. The constitution
compels all organs of the state to assist and protect the
independence, impartiality, dignity, accessibility and
effectiveness of the judiciary. Intrinsic to this command is the
precept that judicial officers, jointly and severally, must respect
and honour their judicial office as a public trust and strive to
enhance and maintain confidence in our legal system. There are
ethics, virtues and values that guide judicial officers in and
outside court.
"Judicial officers took an oath or affirmed that they will be
"faithful to the Republic of South Africa, will uphold and protect
the constitution and the human rights entrenched in it, and will
administer justice to all persons alike without fear or prejudice,
in accordance with the constitution and the law." The public must
be made aware that judicial officers are not a law unto themselves.
Judicial officers are subject to the law. It is therefore right
that neither should we accustom you (judicial officers), nor should
you (judicial officers) accustom yourselves to violate your oaths;
for in so doing neither of us would act appropriately," said the
Minister.
Enquiries: Logan Maistry 083 6444 050
ISSUED BY: MINISTRY OF TRANSPORT
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