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Not really first e-tolls conviction, says JPSA

Staff Writer
By Staff Writer, ITWeb
Johannesburg, 11 Sept 2015
JPSA says 'the first victim of e-tolls prosecution' is a misleading way of looking at Stoyan Hristov Stoychev's conviction.
JPSA says 'the first victim of e-tolls prosecution' is a misleading way of looking at Stoyan Hristov Stoychev's conviction.

Stoyan Hristov Stoychev this week became the first Gauteng motorist to be convicted of an e-tolls-related offence. However, the Justice Project South Africa (JPSA) says his case was not really about e-tolls at all.

The Bulgarian doctor was convicted and sentenced in the Pretoria Magistrates Court yesterday on charges of common fraud, "the modus operandi of which was to falsify his number plates, presumably in order to evade camera-based traffic fines, as well as e-tolls", according to the JPSA.

"Much has been made of Mr Stoychev being 'the first victim of e-tolls prosecution'; however, this is not strictly in fact the case and it must be clearly understood that what Mr Stoychev did was to falsify his number plates.

"It is undeniable the e-tolls component of this particular matter would never have arisen had he not falsified his number plates to start with," says JPSA national chairperson, Howard Dembovsky.

Dembovsky points out that falsifying number plates is forbidden under the National Road Traffic Act and the offence is usually prosecuted as fraud by our courts "as was the case in this matter".

Stoychev reached a plea agreement with the State, pleading guilty to fraud and hundreds of counts of violating section 27(5)(a) of the Sanral Act, which deals with non-payment of tolls.

For the charge of fraud, Stoychev was sentenced to six months in jail or a fine of R20 000. In addition, he is to serve 100 hours of community service with the SPCA and a further term of 12 months imprisonment suspended for five years.

For the second charge of over 980 counts of violating Section 27, he was fined R20 000 or six months imprisonment, wholly suspended for five years on the condition that he pays his existing e-tolls bill of almost R15 000 over a period of six months and does not fail to pay e-tolls in future.

Dembovsky says most people who are not paying e-tolls do not falsify their number plates and therefore cannot be charged with fraud.

"While we fully expect Sanral to capitalise on this seeming successful prosecution, using their usual smoke and mirrors tactics, it would not be correct for anyone to assume that Mr Stoychev's plea agreement and resulting conviction serves to demonstrate that not paying e-tolls while your number plates are genuine and are lawfully displayed will lead to a similar conviction," adds Dembovsky.

JPSA remains of the opinion that non-payment of e-tolls should be prosecuted under the Administrative Adjudication of Road Traffic Offences Act since it is catered for as a non-criminal infringement therein.

Dembovsky highlights the lack of consistency in cases after charges against Telkom CEO Sipho Maseko, for allegedly using false number plates on his vehicle, were withdrawn by the Wynberg Magistrates Court last week. Maseko allegedly incurred traffic fines to the value of R18 000 but "was not charged for e-tolls evasion". Stoychev, however, was not charged with a single speeding offence.

Dembovsky also points out that charges brought against former Tshwane Metro Police deputy chief, Ndumiso Jaca, for allegedly using the same false number plates on both his BMW Z4 and Harley Davidson motorcycle "have still not been concluded, four years after the fact".

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