Laws banning cellphone use by drivers are not yet being implemented
Evidence wa ka Ngobeni, Pule waga Mabe, and Ntuthuko Maphumulo Traffic officials across the country have yet to implement the government’s tough new laws banning the use of cellphones while on the road and lowering the drinking limit for drivers. The new National Road Traffic Amendment Act, which came into effect on August 1, requires provinces to enforce the changes immediately – without a phasing-in period. But five provinces contacted by the Mail & Guardian said they have not started enforcing the changes or issuing fines. Some provinces said they had ordered their traffic authorities to get cracking but that no fines had been handed out, while others complained of insufficient resources to implement the new regulations. In the Western Cape, the traffic authorities said they had caught more than 70 motorists using cellphones while driving but that offenders had been given only verbal warnings. Western Cape government representative Danie Abrahams said his administration has set aside a three-week period in which motorists will not be fined for violating the new regulations. Abrahams said the province has proposed a maximum R1E500 fine for cellphone offenders. He said the Western Cape has about 190 traffic officers only, and about 30 of them are still being trained to enforce the cellphone laws. Northern Province and Gauteng said last week that they have ordered their traffic authorities to enforce the new laws right away. But traffic authorities in the two provinces have yet to issue a fine. Gauteng transport department representative Daniel Sono says magistrates in the province are still deciding how much motorists should be fined and that his government is looking at “uniformity of fines across the province”. In the Northern Province, transport department representative Obed Langa said his government has applied “a hands-on approach” to the new laws, but then conceded that no fines had been handed out. The province, which needs 600 new traffic officers to shore up its current squad of 600 but has no budget to do so, has set a maximum fine of R500. Like other provinces the Eastern Cape traffic authorities are saddled with serious staff shortages. The province needs about 800 traffic officers to effectively enforce the new laws, but has only 300.
An Eastern Cape transport representative says the provincial government has proposed a maximum fine of R200, which is the lowest traffic fine in the country, because of the poor economy in the province. Despite similar staff shortages, the North West government, which has also not enforced the new laws, has vowed to crack down on drivers not using car kits and hands-free devices. The North West director for road and safety, Piekie Mangope, said the province would use unmarked cars to crack down on offenders. In Mpu-malanga, traffic officials also talked tough, but have yet to issue a fine. KwaZulu-Natal, which boasts of a zero tolerance for traffic offenders, and the Free State both ordered traffic authorities to enforce the new regulations immediately they came into effect. “The province has proposed a uniformity fine of R200 and has enough human resources and facilities like cameras to ensure law enforcement within the province,” said KwaZulu-Natal director of road and traffic safety John Schnelle. But as yet no fines have been issued.