Keltria
01-23-2005, 03:47 PM
I am so happy that some are able to be so caring.
Judge orders fines to be paid to tsunami fund
January 23 2005 at 12:57PM
By Niyanta Singh
A Scottburgh (A Town just oustide Durban) magistrate has taken a bold, innovative and controversial step in ordering fines imposed by him to be donated to a tsunami relief fund. This week he diverted a total of R44 500 in fines to a fund run by the local Rotary Club.
Bheki Cele, the KwaZulu-Natal minister for transport, safety and security, praised magistrate Mahendra Daya's innovative sentencing methods, but legal experts have questioned them.
Gauteng criminal law experts have reportedly said that although magistrates have the right to use their discretion when imposing sentences for traffic offences, the Road Traffic Act stipulates fines must be paid to the authority.
'The law is open to interpretation'
On Wednesday, traffic offence cases, referred in December from the Park Rynie roadside court to the Scottburgh magistrate's court, raised R22 500 in fines. A day later, the court, in a fraud matter, imposed a R22 000 fine - which was also given to the Rotary fund.
KwaZulu-Natal's worst speedster, Anthony McCleary, who was trapped doing 220km/h in a 100km/h zone on a motorcycle and who allegedly attempted to evade arrest, appeared in court this week after pleading not guilty.
The state entered into a plea bargain with McCleary.
He was offered a suspended sentence on condition he pay a portion of the fine to the tsunami relief effort.
McCleary accepted and Daya fined McCleary R20 000 (or one year's imprisonment). This was suspended for five years on condition that he was not caught speeding again during the period of suspension, and that he pay R8 000 to the Scottburgh Rotary Tsunami Relief Fund - which he did.
Daya said that every other traffic offender after that entered into a plea bargain with the state and offered their fines to be paid to the same relief fund, to which Daya agreed.
N B Singh, caught speeding at 184km/h, was fined R15 000 (or six months' imprisonment), suspended for five years on condition he pay R5 000 to the fund.
Kokstad attorney Mr Nodo (172km/h) and Eastern Cape taxi driver Mr Muppai were both fined R4 000, also suspended on condition they pay R4 000 to the fund; and another truck driver was fined R1 500 for doing 115km/h, which also went to the fund.
A day later, an accused in the same court pleaded guilty to cheque forgery and was fined R22 000, payable to the fund.
Daya had previously ordered fines be paid to child welfare organisations, Aids projects and hospices. He said he had decided on the tsunami fund because victims of the catastrophe needed help from every available source.
"If we don't react as human beings now, then there is something wrong with us".
"The sentences are not irregular, invalid or incompetent. One needs to read the sentence properly to realise this falls within the parameters of the criminal court jurisdiction."
Cele said he was encouraged by Daya's decision.
"It is heartening to note that magistrates are becoming creative when sentencing. We need to remember that traffic fines are not about raising funds for the state's coffers, but about raising awareness of road safety."
Cele said while he was aware that local charities were also in need of funds and could have benefited from the fines, "the world has a greater need at this time".
Kessie Naidu, former chairman of the Road Accident Fund, said he was not sure about the appropriateness of these orders.
"While it is worthy to make a contribution to the tsunami relief fund. I am certain there are deserving organisations in South Africa that deal with victims of road accidents, which would have been a more relevant cause to contribute to."
Judge orders fines to be paid to tsunami fund
January 23 2005 at 12:57PM
By Niyanta Singh
A Scottburgh (A Town just oustide Durban) magistrate has taken a bold, innovative and controversial step in ordering fines imposed by him to be donated to a tsunami relief fund. This week he diverted a total of R44 500 in fines to a fund run by the local Rotary Club.
Bheki Cele, the KwaZulu-Natal minister for transport, safety and security, praised magistrate Mahendra Daya's innovative sentencing methods, but legal experts have questioned them.
Gauteng criminal law experts have reportedly said that although magistrates have the right to use their discretion when imposing sentences for traffic offences, the Road Traffic Act stipulates fines must be paid to the authority.
'The law is open to interpretation'
On Wednesday, traffic offence cases, referred in December from the Park Rynie roadside court to the Scottburgh magistrate's court, raised R22 500 in fines. A day later, the court, in a fraud matter, imposed a R22 000 fine - which was also given to the Rotary fund.
KwaZulu-Natal's worst speedster, Anthony McCleary, who was trapped doing 220km/h in a 100km/h zone on a motorcycle and who allegedly attempted to evade arrest, appeared in court this week after pleading not guilty.
The state entered into a plea bargain with McCleary.
He was offered a suspended sentence on condition he pay a portion of the fine to the tsunami relief effort.
McCleary accepted and Daya fined McCleary R20 000 (or one year's imprisonment). This was suspended for five years on condition that he was not caught speeding again during the period of suspension, and that he pay R8 000 to the Scottburgh Rotary Tsunami Relief Fund - which he did.
Daya said that every other traffic offender after that entered into a plea bargain with the state and offered their fines to be paid to the same relief fund, to which Daya agreed.
N B Singh, caught speeding at 184km/h, was fined R15 000 (or six months' imprisonment), suspended for five years on condition he pay R5 000 to the fund.
Kokstad attorney Mr Nodo (172km/h) and Eastern Cape taxi driver Mr Muppai were both fined R4 000, also suspended on condition they pay R4 000 to the fund; and another truck driver was fined R1 500 for doing 115km/h, which also went to the fund.
A day later, an accused in the same court pleaded guilty to cheque forgery and was fined R22 000, payable to the fund.
Daya had previously ordered fines be paid to child welfare organisations, Aids projects and hospices. He said he had decided on the tsunami fund because victims of the catastrophe needed help from every available source.
"If we don't react as human beings now, then there is something wrong with us".
"The sentences are not irregular, invalid or incompetent. One needs to read the sentence properly to realise this falls within the parameters of the criminal court jurisdiction."
Cele said he was encouraged by Daya's decision.
"It is heartening to note that magistrates are becoming creative when sentencing. We need to remember that traffic fines are not about raising funds for the state's coffers, but about raising awareness of road safety."
Cele said while he was aware that local charities were also in need of funds and could have benefited from the fines, "the world has a greater need at this time".
Kessie Naidu, former chairman of the Road Accident Fund, said he was not sure about the appropriateness of these orders.
"While it is worthy to make a contribution to the tsunami relief fund. I am certain there are deserving organisations in South Africa that deal with victims of road accidents, which would have been a more relevant cause to contribute to."