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Municipal Court

What is the Municipal Court?

  • Municipal Courts are a division of the judiciary dedicated to the adjudication of local matters.
  • Municipal Courts have exclusive jurisdiction to hear by-law and traffic-related violations sanctioned by the National Road Traffic Act 93 of 1996 and National Land Transport Act 05 of 2009.
  • Municipal Courts do not have jurisdiction over offences such as reckless-and-negligent driving, driving under the influence, or common law offences consequent to traffic violations such as culpable homicide.

Which fines may be adjudicated by the Municipal Court? 

Traffic fines:

  • A Section 56 notice that is given to you by a traffic officer, usually for a moving violation. It has a court date on it.
  • A Section 341 notice that is sent to a motorist by post for violations caught on traffic camera or for traffic tickets issued in the absence of the motorists (typically non-moving violations, including parking violations). It does not have a court date on it but is a first notice before summons. The Traffic Department will issue a second notice before issuing the summons.

By-law fines:

  • A Section 56 notice that is given to you by a law enforcement officer, usually for a community safety and/or community services violation. It has a court date on it.

How long do I have to pay a fine?

Section 56 notices:

  • Payment may be made before or on your court date.

Section 341 notices:

  • Payment must be made within 18 months of the date of the offence or before or on your court date should you receive a summons.
  • Note that your court date may be after the 18-month period, but that you must be summonsed within 18 months of the date of offence.

What do I do once I have paid a fine?

  • Should you make payment 2 weeks or more in advance of your court date you need not provide the Municipal Court with proof of payment.
  • Should you make payment less than 2 weeks prior to or on your court date you must provide the Municipal Court with proof of payment, this is to prevent a warrant of arrest from being issued against you on your court date.

What if I admit guilt but cannot afford to pay my fine?

  • You may make written representations in person or per email to the prosecutor of the Municipal Court requesting a reduction of your fine any time before or on your court date. Should your representations be successful, the prosecutor shall reduce your fine accordingly taking into consideration the nature and seriousness of the offence, the interests of society, as well as your personal- and financial circumstances.
  • Note that it remains your responsibility to follow-up on the outcome of your representations.
  • Note that the representations process does not suspend your court proceedings and that, should you not receive any feedback by your court date, that you must attend to the Municipal Court on your court date.
  • Should you be unable to make payment before or on your court date you must attend the Municipal Court on your court date. You may seek a postponement on your court date to provide you additional opportunity to make payment.

How do I dispute a fine?

  • You may dispute your fine in writing in person or per email to the Clerk of the Municipal Court any time before or on the court date.
  • Note that should you dispute your fine on your court date, you must still appear in person to attend court. The matter shall then be postponed in court for further investigation.
  • The Clerk of the Court shall refer your representations to the prosecutor which shall investigate the grounds of your dispute by consulting with the traffic/law enforcement officer who issued your fine, the prosecutor shall further compare the respective versions, and consider the available evidence when deciding. This process may take approximately two to three weeks.
  • You shall be notified accordingly and timeously of the outcome of your dispute. Should you be successful, the prosecutor shall withdraw your fine. Should you be unsuccessful, the prosecutor shall contact you to discuss your options, which includes making further representations for a reduction of your fine.
  • Should you be unsuccessful, and should you wish to proceed with the prosecution of your case you shall have to attend to the Municipal Court on your court date for the matter to proceed on trial.
  • Note that it remains your responsibility to follow-up on the outcome of your dispute.
  • Note that this process does not suspend your court proceedings and that, should you not receive any feedback by your court date, that you must attend to the Municipal Court on your court date.

What happens if I don’t pay or contest my fine?

  • Failure to make payment or attend to the Municipal Court on your court date may result in a warrant for your arrest being authorised, which carries an additional fine for contempt of court.

What happens if a warrant for my arrest has been authorised?

  • You may elect to pay an admission of guilt fine for your contempt of court. Note that this is an additional admission of guilt fine over-and-above your fine.
  • Note that paying an admission of guilt fine for your contempt of court does not equate to an admission of guilt of the charges against you per your fine. You may therefore still dispute the charges, proceed with trial, and/or make representations for the reduction of your fine should you wish to pay accordingly.
  • Should you dispute your contempt of court or be unable to pay an admission of guilt fine for your contempt of court, you shall be brought before the Municipal Court for a warrant enquiry. The Municipal Court shall hear your evidence pertaining to your contempt of court and make a finding as to your guilt.
  • Note that should you be found guilty by the Municipal Court of contempt of court, you may be fined to direct imprisonment should it be deemed in the interests of justice.

Who do I address my representations to?

  • You may attend to the Municipal Court situate at 71 York Street, Dormehlsdrift, George, to make representations in person. You will then address your representations to the prosecutor.
  • You may make written representations per email to the clerk of the court, Mrs. A. Felix, at abfelix@george.gov.za.
  • You may also complete and hand in your representations at either the George or Provincial Traffic Departments whereafter it shall be transported to the Municipal Court for processing.

Where and how can I pay my traffic fine?
You may make payment as follows:

  • George Municipality Cashiers (Main Building), 71 York Street, Dormehlsdrift,
    044 801 9111
  • George Traffic Department, 33 Mission Street, Pacaltsdorp
    044 878 2400
  • EFT
    Account holder : George Municipality
    Bank : First National Bank
    Account type : Public Sector Cheque
    Account number : 62869623168
    Branch code : 210554
    Reference : Your Notice Number

What are your rights?

Accused charged with by-law or traffic-related offences enjoy the Constitutional rights and protections as envisaged by section 35 of the Constitution, 108 of 1996, including the right:

  • To remain silent;
  • Not to be compelled to make any confession or admission that could be used in evidence against them;
  • If arrested or detained, to be brought before a court as soon as reasonably possible;
  • To choose, consult with and be represented by, a legal practitioner, including a legal practitioner assigned to them at state expense if substantial injustice would otherwise result;
  • To be informed of the charge with sufficient detail to answer thereto;
  • To a public trial before an ordinary court;
  • To be presumed innocent;
  • To adduce and challenge evidence; and
  • Not to be compelled to give self-incriminating evidence.

Roadblocks

The Road Traffic Act 29 of 1989 and the National Road Traffic Act 93 of 1996 empowers traffic officers to hold roadblocks. If you are stopped at a roadblock:

  • You have the right to ask to see the traffic officer’s certificate of appointment;
  • The traffic offers may inspect your vehicle to see if it is roadworthy;
  • The traffic officers may inspect your vehicle for defects and other compliance with standard requirements for the class of your vehicle in accordance with the relevant statutory provisions;
  • You may be required to provide your name, address, and other particulars that are necessary to identify you;
  • You may be required to sign any fine handed to you to confirm that you have read and understand the content of the fine. Note that your signing of a fine does not amount to an admission of guilt;
  • If you are suspected to be driving under the influence, you may be asked to take a breathalyser test;
  • If you are intentionally and unlawfully disrespecting a traffic officer or fail to comply with a lawful request of an traffic officer (including not identifying yourself), they have the right to take you into custody; and
  • If you feel you are being victimised, you can ask to be taken to the nearest police station and may lodge a complaint with the relevant traffic authority.
  • The South African Police Services Act 68 of 1995 empowers the National or Provincial Police Commissioner to authorise roadblocks at which you and/or your vehicle may be searched. If you are stopped at such a roadblock, you have the right to ask to see the written approval for the roadblock from the National or Provincial Police Commissioner.
  • Note that a search warrant is not required for checks relating to roadworthiness or compliance with standard requirements.

Pay Your Fines Roadblocks

  • The Municipality has contracted with a third party to assist in the administration and maintenance of fines issued within its jurisdiction.
  • Should you have outstanding fines you may be stopped by a traffic officer at a roadblock commonly referred to as the ‘Pay Your Fines Roadblock’ where you shall be notified by this third party of your outstanding fines and received a summary printout of same.
  • Note that the Traffic Departments work closely with this third party to ensure compliance, fairness, and justice.
  • Upon receipt of your summary printout, you may either choose to settle your fines at the roadblock or you may do representations for reduction or alternatively follow any of the dispute processes.
  • Note that a traffic officer or designated official may serve a summons upon you at a Pay Your Fines Roadblock. Signing for the summons does not amount to a guilty plea; you may choose to settle your fines at the roadblock or you follow any of the above processes before or on your court date.