Rates and tax collection at JMPD roadblocks illegal says law expert

[Nat Quinn]

The City of Johannesburg recently announced that the city’s revenue team would join certain JMPD roadblocks to boost revenue collection from indebted residents – but a law expert says this is illegal.

At the end of August, the City of Johannesburg Chief Financial Officer, Tebogo Moraka​, said that motorists could now be stopped at a Johannesburg Metropolitan Police Department (JMPD) roadblock and approached by the city’s revenue team if they have unpaid rates and taxes – including water, lights, and property taxes.

Moraka said the reason for this new strategy was to tackle the city’s massive debt issue, as over R40 billion is owed in unpaid bills.

“Motorists that have outstanding bills for services outside the specified grace periods will be approached by the revenue team, which will provide them with their statement, explain the situation and assist them with an acknowledgement of debt agreement (AoD) if they agree to do so,” he added.

Moraka explained further that although the JMPD themselves won’t arrest indebted motorists at these roadblock points, it would be used to issue notices to residents who do not agree to an AoD and have outstanding bills for an extended period that they risk being disconnected by the city – whether it be water or electricity, etc.

Speaking with eNCA, 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 said to set up a roadblock, there is a process that needs to be followed – which includes having a legal and reasonable reason for such a roadblock, such as checking for roadworthiness or expired car licences, etc.

“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.

Booth added that the strategy is also nonsensical, as the motorist can’t be forced to pay the outstanding bill or be arrested if the person refuses to pay. “What is the intention of such roadblocks? There is no logical answer,” he said.

Booth noted that municipal billing discrepancies are civil issues and have absolutely nothing to do with traffic policing.

He cautioned motorists to know their rights if one approaches such a roadblock, which are:

• You must be pulled over for a justifiable reason;

• You cannot be forced to pay any municipal bill on the side of a road;

• The JMPD has no rights whatsoever to arrest you or threaten you with arrest if you have outstanding bills; and

• You have no obligation to interact or engage with revenue teams at a roadblock.

“I cannot believe that the City of Joburg would embark on such a process such as this. The city and its law enforcement officials must know that this strategy is completely unconstitutional and illegal,” Booth said.

 

source:Rates and tax collection at JMPD roadblocks illegal says law expert – BusinessTech

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