Criminal Law & Traffic Matters

Generally, exceeding the speed limits on roads will lead to a fine. Once the AARTO Act has been rolled out nationally and the demerit points system has been implemented, the fine will also be accompanied by negative demerit points against your name.

• However, speeds that excessively exceed the limits can get you arrested and may lead to your licence being suspended or cancelled.
• A person that exceeds the speed limit by 30 kilometers per hour in an urban area or 40 kilometers per hour on a freeway, can be arrested and brought before the court.

• Each province or municipality might have its own legislation and/or by-laws that regulate drinking in public.
• For example, the Gauteng Liquor Act 2 of 2003 states that no person may consume alcohol in or near any public place, this includes a vehicle driven on a public road or parked in a public area. A fine of R300 will be issued if a person is caught.
• Be careful and think twice when you want to consume alcohol in a public space that is not licensed accordingly, like a beach or a park, as you can be guilty of an offence and be fined.

Yes. The exclusion is specific to any criminal matter where a fine is payable which will not result in a criminal record. In the instance of a traffic fine where there is no option to pay a fine (i.e no admission of guilt payable), it will not be excluded, provided that no exclusions are applicable.

There are consequences if your vehicle is not roadworthy, such as it being confiscated. However, how often must a vehicle actually be taken for a roadworthiness test?

• As a general rule, a roadworthiness test must be conducted every time a vehicle changes ownership. The roadworthiness test is a legal requirement to ensure that a vehicle meets the safety standards set by the South African Bureau of Standards (“SABS”).
• There are certain instances where a licence disc for a vehicle will not be issued if a valid certificate of roadworthiness was not issued within 60 days before the renewal of the licence disc. For example, a minibus that is used to convey 12 or more persons must do a yearly roadworthiness test, and a vehicle used to convey people for reward.
• Another exception to the general rule relates to buses, which must do a roadworthiness test every six months.

• The human rights of children, which includes the best interests of children, are of paramount importance in our society and are protected by section 28 of the South African Constitution.
• What will be considered as being in the best interests of a child is quite a wide topic that includes every aspect that affects children’s lives. For example, the health effects that smoking can have on children.
• The Tobacco Products Control Act 83 of 1993 (“Tobacco Act”) provides for some limitations on where a person is allowed to smoke in order to protect children.
• For example, the Tobacco Act provides that no person may smoke any tobacco product in:
  • a public place;
  • any area within a prescribed distance from a window of, ventilation inlet of, doorway to or entrance into a public place; or
  • any motor vehicle when a child under the age of 12 years is present in that vehicle.
• The Tobacco Act further provides that no person may smoke any tobacco product in a private dwelling used for any commercial childcare activity, schooling or tutoring
• A private dwelling includes, for example, any room, apartment or building which is occupied or used as a residence.
• These limitations provided for in law are aimed at protecting children’s human rights. Not just in respect of what would be in their best interests, but also in respect of their human right to a healthy environment (section 24 of the Constitution).