‘Illegal’ rates and tax collection at roadblocks – City of Joburg responds

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2023-09-14 at 12:59 #420278

Nat Quinn
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The Johannesburg Metropolitan Police Department (JMPD) rolled out its first roadblock in partnership with the City of Johannesburg’s revenue team last week.

Legal experts say this is an illegal process – but the City of Johannesburg insists everything is above board.

The city recently announced that its revenue team would join certain JMPD roadblocks to boost revenue collection from indebted residents – addressing outstanding rates and taxes – including water, lights, and property taxes.

However, law expert William Booth from William Booth Attorneys said this process is completely nonsensical and illegal.

“One cannot pull over a motorist without having a legal reason to do so, such as an expired car licence, unroadworthy vehicle, expired driver’s licence, or a warrant for unpaid traffic fines, etc.

“Pulling a motorist over to check whether or not they have outstanding municipal bills is illegal and outside of the purview of the JMPD,” he said.

Booth added that there is no legal basis to set up a roadblock with the intention of approaching motorists regarding their outstanding municipal bills, and whoever is giving that authority is clearly acting illegally.

The City of Joburg responds

However, the city responded to claims of illegality this week, saying that no laws are being broken, insisting its revenue teams are only at the roadblocks to provide an added service.

Speaking to eNCA, City of Johannesburg Chief Financial Officer, Tebogo Moraka, noted that a pilot roadblock – which included the revenue team joining the JMPD – was conducted on Saturday (9 September).

“The Joburg Ombudsmen was on site to ensure that both departments followed the law to a tee,” he said.

If you were stopped at the roadblock or were at the roadblock, you would’ve seen the JMPD only did the work in their purview, such as licences and outstanding fines, while the revenue team approached motorists who were willing to engage with them.

Regarding the legal processes needing approval for a roadblock, Moraka said that it has nothing to do with the revenue team being there; it’s 100% a JMPD roadblock, and the teams are there just as an added service.

“The city is not forcing motorists stopped at the roadblock to listen to or engage the revenue team; they are free to decline and go on their way,” said Moraka.

He further noted that the new strategy yielded some positive results from the pilot roadblock of Saturday.

“Of the 750 cars that passed through the roadblock, 125 residents either updated their contact info as it was outdated, followed up on queries that they had in the past, or entered into an Acknowledgement of Debt (AoD),” said Moraka.

“No one was forced to do anything. This is a completely voluntary process, and these 125 individuals are people we would’ve otherwise not engaged with, which is a good thing,” he added.

“We [the City] aren’t trying to catch people out and force them to pay their municipal bills. This program is meant to boost our collection efforts to reduce the city’s debt,” he added.

Moraka reiterated that any motorist owning rates and taxes will not be arrested. The strategy is of the aim of bringing the collection service to the resident for convenience purposes. “This is just another contact point for residents”.

SOURCE:‘Illegal’ rates and tax collection at roadblocks – City of Joburg responds – BusinessTech
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The Johannesburg Metropolitan Police Department (JMPD) rolled out its first roadblock in partnership with the City of Johannesburg’s revenue team last week.

Legal experts say this is an illegal process – but the City of Johannesburg insists everything is above board.

The city recently announced that its revenue team would join certain JMPD roadblocks to boost revenue collection from indebted residents – addressing outstanding rates and taxes – including water, lights, and property taxes.

However, law expert William Booth from William Booth Attorneys said this process is completely nonsensical and illegal.

“One cannot pull over a motorist without having a legal reason to do so, such as an expired car licence, unroadworthy vehicle, expired driver’s licence, or a warrant for unpaid traffic fines, etc.

“Pulling a motorist over to check whether or not they have outstanding municipal bills is illegal and outside of the purview of the JMPD,” he said.

Booth added that there is no legal basis to set up a roadblock with the intention of approaching motorists regarding their outstanding municipal bills, and whoever is giving that authority is clearly acting illegally.

The City of Joburg responds

However, the city responded to claims of illegality this week, saying that no laws are being broken, insisting its revenue teams are only at the roadblocks to provide an added service.

Speaking to eNCA, City of Johannesburg Chief Financial Officer, Tebogo Moraka, noted that a pilot roadblock – which included the revenue team joining the JMPD – was conducted on Saturday (9 September).

“The Joburg Ombudsmen was on site to ensure that both departments followed the law to a tee,” he said.

If you were stopped at the roadblock or were at the roadblock, you would’ve seen the JMPD only did the work in their purview, such as licences and outstanding fines, while the revenue team approached motorists who were willing to engage with them.

Regarding the legal processes needing approval for a roadblock, Moraka said that it has nothing to do with the revenue team being there; it’s 100% a JMPD roadblock, and the teams are there just as an added service.

“The city is not forcing motorists stopped at the roadblock to listen to or engage the revenue team; they are free to decline and go on their way,” said Moraka.

He further noted that the new strategy yielded some positive results from the pilot roadblock of Saturday.

“Of the 750 cars that passed through the roadblock, 125 residents either updated their contact info as it was outdated, followed up on queries that they had in the past, or entered into an Acknowledgement of Debt (AoD),” said Moraka.

“No one was forced to do anything. This is a completely voluntary process, and these 125 individuals are people we would’ve otherwise not engaged with, which is a good thing,” he added.

“We [the City] aren’t trying to catch people out and force them to pay their municipal bills. This program is meant to boost our collection efforts to reduce the city’s debt,” he added.

Moraka reiterated that any motorist owning rates and taxes will not be arrested. The strategy is of the aim of bringing the collection service to the resident for convenience purposes. “This is just another contact point for residents”.

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The Johannesburg Metropolitan Police Department (JMPD) rolled out its first roadblock in partnership with the City of Johannesburg’s revenue team last week.

Legal experts say this is an illegal process – but the City of Johannesburg insists everything is above board.

The city recently announced that its revenue team would join certain JMPD roadblocks to boost revenue collection from indebted residents – addressing outstanding rates and taxes – including water, lights, and property taxes.

However, law expert William Booth from William Booth Attorneys said this process is completely nonsensical and illegal.

“One cannot pull over a motorist without having a legal reason to do so, such as an expired car licence, unroadworthy vehicle, expired driver’s licence, or a warrant for unpaid traffic fines, etc.

“Pulling a motorist over to check whether or not they have outstanding municipal bills is illegal and outside of the purview of the JMPD,” he said.

Booth added that there is no legal basis to set up a roadblock with the intention of approaching motorists regarding their outstanding municipal bills, and whoever is giving that authority is clearly acting illegally.

The City of Joburg responds

However, the city responded to claims of illegality this week, saying that no laws are being broken, insisting its revenue teams are only at the roadblocks to provide an added service.

Speaking to eNCA, City of Johannesburg Chief Financial Officer, Tebogo Moraka​, noted that a pilot roadblock – which included the revenue team joining the JMPD – was conducted on Saturday (9 September).

“The Joburg Ombudsmen was on site to ensure that both departments followed the law to a tee,” he said.

If you were stopped at the roadblock or were at the roadblock, you would’ve seen the JMPD only did the work in their purview, such as licences and outstanding fines, while the revenue team approached motorists who were willing to engage with them.

Regarding the legal processes needing approval for a roadblock, Moraka said that it has nothing to do with the revenue team being there; it’s 100% a JMPD roadblock, and the teams are there just as an added service.

“The city is not forcing motorists stopped at the roadblock to listen to or engage the revenue team; they are free to decline and go on their way,” said Moraka.

He further noted that the new strategy yielded some positive results from the pilot roadblock of Saturday.

“Of the 750 cars that passed through the roadblock, 125 residents either updated their contact info as it was outdated, followed up on queries that they had in the past, or entered into an Acknowledgement of Debt (AoD),” said Moraka.

“No one was forced to do anything. This is a completely voluntary process, and these 125 individuals are people we would’ve otherwise not engaged with, which is a good thing,” he added.

“We [the City] aren’t trying to catch people out and force them to pay their municipal bills. This program is meant to boost our collection efforts to reduce the city’s debt,” he added.

Moraka reiterated that any motorist owning rates and taxes will not be arrested. The strategy is of the aim of bringing the collection service to the resident for convenience purposes. “This is just another contact point for residents”.

Speaking to eNCA, City of Johannesburg Chief Financial Officer, Tebogo Moraka, noted that a pilot roadblock – which included the revenue team joining the JMPD – was conducted on Saturday (9 September).