AfriForum's fight over the five-year licence expiration period has hit a bump in the road. Picture: Independent Newspapers
AfriForum's fight over the five-year licence expiration period has hit a bump in the road.
However, the advocacy group said the legal battle was far from over after the North Gauteng High Court in Pretoria on Tuesday dismissed an application to have the regulation around the expiration date of driver's licences revised.
The application was dismissed on a technicality.
Currently, driver's licences in South Africa are valid for five years and motorists have to renew them at least four weeks before the expiration date.
Those who renew after the expiration date have to apply for a temporary driving licence at an additional cost.
According to AfriForum campaign officer, Louis Boshoff, they are investigating the possibility of appealing.
AfriForum believes that the National Road Traffic Act 93 of 1996 is contrary to the five-year validity period and leaves no room for a regulation that stipulates that licence cards expire.
Boshoff said the application was heard in August with Judge AJ Strijdom delivering judgment this week.
According to Strijdom’s judgment, AfriForum should have brought the application within 180 days after the regulation was issued 23 years ago and is therefore not admissible.
Boshoff said the decision is a slap in the face of responsible drivers in South Africa.
“This court ruling validates the Department of Transport's license to under-perform, which never expires. The department is unable to issue licence cards on time, but law-abiding citizens are then fined for it,” he added.
He said it was unfortunate that on a technical point the court refused condonation for the "late" filing of the review application instead of dealing with the merits of the case. The contradiction in the law is obvious.
Boshoff added that AfriForum has received several complaints from people who had not received their renewed licence cards from the Department of Transport on time.
“This results in them being fined, despite every effort to remain legally licensed. The department’s licence card printer has often broken down in recent years and it is clear that licenses continue to expire faster than new ones are printed,” he said.
Boshoff said the Department of Transport can no longer distinguish between competent and incompetent drivers – they have failed the largest driver’s license test in the country.
IOL