Penalization of traffic offenders in the Magisterial District of Lower Umfolozi
Loading...
Date
1993
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
This research is based on the penalization of traffic offenders in the magisterial district of Lower Umfolozi- For purposes of collecting data, a structured, pre-coded (content analysis) information schedule has been implemented to capture data on traffic offences and traffic offenders- Unstructured interviews were also implemented to supplement official data collected at the magistrate's court at Empangeni. The chief magistrate, presiding judicial officers, public prosecutors, clerk of the court and traffic officers were interviewed.
The voluminous number of traffic violations in South Africa necessitated the enactment of road traffic legislation. Traffic legislation applicable to drivers of motor vehicles include the Road Traffic Ordinance No. 21 of 1966 (which was in force up to 31 May 1990) as well as the Road Traffic Act No. 29 of 1989. The comprehensive function of traffic legislation is to bring about a state of equilibrium in traffic safety and to discourage (deter) by means of penalization further commission of traffic offences.
The classification of traffic offences is the actual focal point of the consideration of penalization of traffic offenders. For purposes of this research, traffic offences have been arbitrarily dichotomized into three discrete categories:
* driving offences;
* vehicle-related offences; and
* document offences.
Traffic offenders are consequently classified according to the commission of the three categories of traffic offences. The causation of traffic offences can be explained in relation to individual-human and social environmental factors.
Correlation analyses of 4771 traffic offenders have been
effected in relation to the three identified categories of
traffic offences including traffic dynamics. Correlation
analyses are based on demographic variables such as race, sex, age and occupation. Data are portrayed in tabular form.
Traffic control in the magisterial district of Lower Umfolozi is effected by three traffic organizations:
* Natal Provincial Administration (based at Empangeni);
* Empangeni municipal traffic department; and
* Richards Bay municipal traffic department.
The primary aim of traffic law enforcement is to maintain traffic order by reducing traffic offences. Traffic officers perform the following important functions: administrative, executive and supervisory acts of authority.
Penalization of traffic offenders follows the violation of
traffic laws. The Road Traffic Act (Act 29 of 1989)
prescribes penalization of traffic offenders, while the Criminal Procedure Act (Act 51 of 1977) prescribes the range of sentences that must be imposed on (traffic) offenders. Disparities with regard to penalizing traffic offenders were discovered by means of this investigation which brought to light many issues reflected as key findings. It has been established that Whites featured predominantly in driving offence commission, while Blacks featured predominantly in the commission of vehicle-related offences. Asians and Coloureds committed traffic offences to a lesser extent. Most traffic offenders paid an admission of guilt fine. This accounts for the fact that the majority of traffic offenders did not appear in court. Recommendations have been made which are not prescriptive. The ultimate aim of penalization of traffic offenders in the magisterial district of Lower Umfolozi should be aimed at the prevention of traffic offences.
Description
A thesis submitted to the Faculty of Arts in fulfilment of the requirements for the Degree of Master of Arts in the Department of Criminal Justice at the University of Zululand, 1993.
Keywords
Traffic violations