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, 8 February 2010’s Sowetan newspaper. Minister Ndebele said that the Republic of South Africa is one; a 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 computerised 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 and Mpumalanga has three fixed stations and one mobile station. The new computerised 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
Cell: 083 644 4050
Issued by: Department of Transport
8 February 2010
