Ministers and VIP units are not above the law

Yesterday, Government spokesperson Jimmy Manyi ‘explained' traffic fines of official vehicles. Manyi claims that the National Road Traffic Act allows the drivers of VIP vehicles to exceed the speed limit. 

He echoes the position of the Department of Justice and Constitutional Development who has reportedly confirmed that traffic fines for speeding ministers will be waived and the Minister of Police who has said that "exceeding the speed limit is...recognised in law" for the VIP protection units.

The National Road Traffic Act authorises police officials to exceed the general speed limit when executing their duties - however, "he or she shall drive the vehicle concerned with due regard to the safety of other traffic".

This raises the question as to what should be considered the VIP protection units' duties when they are transporting ministers. Surely the exemption from traffic regulations is intended to allow for certain personnel to do what is necessary to respond to emergencies. Being late for a meeting or a dinner with friends does not constitute an emergency. Everyone has to get from A to B and has to abide by the speed limits, why should a minister not be made to obey those speed limits too?

Legal experts have also argued that when traffic cops or police officials are transporting ministers their "duty" is essentially to protect the life of the VIP. One would therefore assume that traffic violations "in the line of duty" would only occur when the lives of the VIP passengers are in danger. 

In his own reply to the DA's question on traffic fines, the Minister of Police indicated that any fines incurred by official vehicles must be reported, on duty statements taken and supporting documents provided to the respective traffic department for the rescinding of traffic fines. In other words, documentary evidence must exist for why each traffic violation could not have been avoided. 

We will be asking the Minister of Transport to provide us with information on which fines have been rescinded and, in each case, to supply the documentation on which the decision to rescind was based. 

Ministers should not be given special treatment due to their position. They are not above the law and neither are their drivers.

Statement issued by Ian Ollis MP, DA Shadow Minister of Transport, July 27 2012

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