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    The City of Tshwane’s licensing centres have been experiencing an unprecedented increase in volumes of people who apply for either driver’s licences or professional permits.
Municipal Courts

The City of Tshwane Municipal courts are branch courts of national Department of Justice and Constitutional Development. They were established in 2003 in collaboration with the national government in the spirit of cooperative governance and service delivery.

The core function of the Municipal Courts is to prosecute the offenders of:

  • The traffic regulations.
  • Infringements of the municipality’s by-laws and National Building Regulation and Schemes
  • Contraventions of the national and provincial legislation that the municipality enforces.

The Municipal Court Division also provides an administrative support service to Judiciary and Prosecution, as well as public services. The administrative support is given to Magistrate and Prosecutors.

The Municipal Court key performance areas are:

  • Court accessibility to the public
  • Equality and fairness in all procedures and decision
  • Court independence and accountability.
  • Case flow management.
  • Recovery and collection of fines.
  • Information management system.
  • Public trust and confidence.

 

The Need for Courts

The need for municipal courts is directly related to the number of officers serving in the Tshwane Metropolitan Police Department (TMPD). As the TMPD grows, increasing in size and regional coverage, so the cases load increases accordingly. Case volumes are further exacerbated by the finalisation and enforcement of by-laws by the relevant departments.

Services offered by the courts include:

  • Providing information on traffic fines
  • Providing information on By-Laws
  • Responding by giving results on the public representation on their traffic fines.
  • Providing assistance by the public prosecutor.
  • Checking outstanding fines of the individual.
  • Prosecuting traffic and By-law offenders.
  • Providing a good customer service through answering enquiries via telephone and public counter.

For service enquiries in the following areas:

  • Centurion court: Danie Burger 012 358 3621
  • Pretoria North - Winternest court: Sam Rabakele 012 358 9786; Gideon Visser 012 358 9774; Winternest Info desk 012 358 9822/9788
  • Central (Rondalia building): Alta Fourie 012 358 7049; Salomé van Zyl 012 358 7077.
  • By-law enquiries: 012 358 7436.

Functions, Operations and Administration

Prosecution at Municipal Courts

Section 179 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), read with the National Prosecuting Authority Act, 1998 (Act 32 of 1998), as amended, provides for a single national prosecuting authority in the Republic of South Africa. Section 112 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000), provides as follows:

"Prosecution of offences – A staff member of a Municipality authorized in terms of section 22(8)(b) of the National Prosecuting Authority Act, 1998 (Act 32 of 1998), to conduct the prosecutions, may institute criminal proceedings and conduct the prosecutions in respect of a contravention of or failure to comply with a provision of

  • a by-law or regulation of the Municipality
  • other legislation administered by the Municipality
  • other legislation as the National Director of Public Prosecutions may determine in terms of section 22(8) (b) of the National Prosecuting Authority Act, 1998.".

Tshwane Municipal Courts deal with the following By-Laws:

  • Public amenities By-law
  • Street Trading By-Law
  • Parking Meter By-Lawl
  • Solid Waste By-Law
  • Cemetery By-Law

 

The violation of the above By- Laws may lead to criminal charges of fraud. The public prosecutor is the only person who may deal with charges against defendants.

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