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The City of Johannesburg recently announced that the city\u2019s revenue team would join certain JMPD roadblocks to boost revenue collection from indebted residents \u2013 but a law expert says this is illegal.<\/p>\n
At the end of August, the City of Johannesburg Chief Financial Officer, Tebogo Moraka\u200b, said that motorists could now be stopped at a Johannesburg Metropolitan Police Department (JMPD) roadblock and approached by the city\u2019s revenue team if they have unpaid rates and taxes \u2013 including water, lights, and property taxes.<\/p>\n
Moraka said the reason for this new strategy was to tackle the city\u2019s massive debt issue, as over R40 billion is owed in unpaid bills.<\/p>\n
\u201cMotorists that have outstanding bills for services outside the specified grace periods will be approached by the revenue team, which will provide them with their statement, explain the situation and assist them with an acknowledgement of debt agreement (AoD) if they agree to do so,\u201d he added.<\/p>\n
Moraka explained further that although the JMPD themselves won\u2019t arrest indebted motorists at these roadblock points, it would be used to issue notices to residents who do not agree to an AoD and have outstanding bills for an extended period that they risk being disconnected by the city \u2013 whether it be water or electricity, etc.<\/p>\n
Speaking with\u00a0eNCA, law expert William Booth from William Booth Attorneys said this process is completely nonsensical and illegal.<\/p>\n
\u201cOne cannot pull over a motorist without having a legal reason to do so, such as an expired car licence, unroadworthy vehicle, expired driver\u2019s licence, or a warrant for unpaid traffic fines, etc.<\/p>\n
\u201cPulling a motorist over to check whether or not they have outstanding municipal bills is illegal and outside of the purview of the JMPD,\u201d he said.<\/p>\n
Booth said to set up a roadblock, there is a process that needs to be followed \u2013 which includes having a legal and reasonable reason for such a roadblock, such as checking for roadworthiness or expired car licences, etc.<\/p>\n
\u201cThere is no legal basis to set up a roadblock with the intention of approaching motorists regarding their outstanding municipal bills, and whoever is giving that authority is clearly acting illegally.<\/p>\n
Booth added that the strategy is also nonsensical, as the motorist can\u2019t be forced to pay the outstanding bill or be arrested if the person refuses to pay. \u201cWhat is the intention of such roadblocks? There is no logical answer,\u201d he said.<\/p>\n
Booth noted that municipal billing discrepancies are civil issues and have absolutely nothing to do with traffic policing.<\/p>\n
He cautioned motorists to know their rights if one approaches such a roadblock, which are:<\/p>\n
\u201cI cannot believe that the City of Joburg would embark on such a process such as this. The city and its law enforcement officials must know that this strategy is completely unconstitutional and illegal,\u201d Booth said.<\/p>\n","protected":false},"excerpt":{"rendered":"
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