Die verklaring van verkeerskriminaliteit en die geëvalueerde vaartbelyning van die strafprosesreg vir meer doeltreffende verkeersadministrasie

Botha, Theunis Jacobus Roodt

Die verklaring van verkeerskriminaliteit en die geëvalueerde vaartbelyning van die strafprosesreg vir meer doeltreffende verkeersadministrasie

Thesis / Dissertation

1990

Abstract

The regulation of traffic affects the community as a whole. In this sense it affects each member of the community the moment a street is entered. Traffic administration in the Republic of South Africa is very diversified in respect of both legislation and law enforcement agencies. The chances of being apprehended for traffic offences are very remote in that only approximately one million out of at least four billion moving traffic offences are prosecuted in conjunction with another approximately two million other traffic offences per annum for which prosecutions are instituted. More than one million of these three million prosecutions are never finalised - the offenders do not pay their fines, do not appear in court or are not traced for summonses to be served on them. These cases are ended as accused being "untraceable". Prosecutions for traffic offences nevertheless swamp the magistrates courts to the extent that justice personnel cannot cope with the workload. They are assisted by personnel from the law enforcement agencies who have to fill in summonses, receive fines, enrol cases on record books, make out warrants of arrests, etc. In 1988 the Minister of Justice announced investigations into the possible introduction of administrative adjudication for stationary traffic offences which would remove prosecutions for such offences from the criminal justice system. This study therefore addresses these problems. Recommendations are made and draft legislation furnished.

Reference:

Collections

PhD / Doctoral

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