MEDIA STATEMENT

HEAD OF TRANSPORT DID NOT WILLFULLY EXCEED SPEED LIMIT

Head of the KwaZulu-Natal Department Transport, Dr. Kwazi Mbanjwa has denied media reports that he unlawfully and wilfully exceeded the prescribed speed limit on the N3 near Mooi River on Sunday, 29 June 2003.

Dr. Mbanjwa was on his way back from Ladysmith to Pietermaritzburg on the date and time in question. After passing the Mooi River toll plaza, Dr. Mbanjwa received a call from a lady who had just avoided a serious collision in the vicinity of the Ndezi River Bridge on the N3 (south-bound), as a result of cattle on the road. The lady was shocked and traumatised when she called Dr. Mbanjwa on his cell shouting, "how long have we complained of stray cattle on our roads in the province and when are you going to sort this problem out".

Dr. Mbanjwa decided to immediately rush to the scene to try and assist since he was in the area and in the company of traffic officers. There have been several crashes involving stray cattle in this particular area and Dr. Mbanjwa and the officers with him wanted to prevent another crash that could be fatal, from happening.

At the time, a traffic officer was driving Dr. Mbanjwa's vehicle and Dr. Mbanjwa was a passenger in the vehicle. An official vehicle, also driven by a traffic officer, with its blue lights and siren on, was also escorting the vehicle in which Dr. Mbanjwa was travelling.

In terms of Section 60 of the National Road Traffic Act, 1996 (Act No. 93 of 1996), 

"Notwithstanding the provisions of section 59, the driver of a fire-fighting vehicle, a rescue vehicle or an ambulance who drives such vehicle in the carrying out of his or her duties, a traffic officer who drives a vehicle in the carrying out of his or her duties or any person driving a vehicle while engaged in civil protection as contemplated in any ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No. 67 of 1977), may exceed the applicable general speed limit:

Provided that-

1. he or she shall drive the vehicle concerned with due regard to the safety of other traffic; and

2. in the case of any such fire-fighting vehicle, rescue vehicle, ambulance or vehicle driven by a person while he or she is so engaged in civil protection, such vehicle shall be fitted with a device capable of emitting a prescribed sound and with an identification lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in excess of the applicable general speed limit."

Section 74 of the National Road Traffic Act, 1996 (Act No. 93 of 1996), further states:

Presumption regarding officers 

In any prosecution in terms this Act, the fact that any person purports to act or has purported to act as a traffic officer, an inspector of licences, an examiner of vehicles or an examiner for driving licences, shall be prima facie proof of his or her appointment and authority so to act: Provided that this section shall not apply to a prosecution on a charge for impersonation.

Therefore, in terms of the Road Traffic Act, the necessary legal provisions were complied with.

We wish to reiterate that "Zero Tolerance to Traffic Offences" applies to all road users. Nobody is above the law. The traffic officials from Mooi River have opened a case and we will allow the due processes of the law to take its course.

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