Ludicrous laws

Don't get me wrong, I'm all for law. It regulates society and - left to ourselves - I think the world would be a really chaotic place. Imagine if there were no road markings, for example, and no one bothered to stop anywhere? That habit is bad enough as it is.

But, lately, government has outdone itself. Now we have to stand in queues to register SIM cards, stand in the rain to smoke, and fill in more forms to contest a speeding fine.

The new SIM card registration Act seems to be a mess, based on my limited experience with trying to comply.

The Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) requires that people buying a SIM card must provide an ID document, and proof of where they live.

Except, as we know, it's still quite possible to buy cards off the shelf and use them. I popped one in with a trolley-load of shopping last Sunday. No ID, no address, no problem. I haven't tried to use it, but ITWeb has previously done this experiment, without a hitch.

So, if I can willy-nilly buy SIM cards, then the Act has failed. And if I try to abide by the law, as I did when getting an additional contract to have the benefit of a BlackBerry - I am horribly inconvenienced.

Apparently, the card was registered, but I didn't know this until I complained, and then took it out of the phone and put it back in again. What a pain, and no one tells you all this nonsense.

Not only was my time wasted, I had to make copious calls and trips to the mall to sort this out. That's a waste of money.

We have to stand in queues to register SIM cards, stand in the rain to smoke, and fill in more forms to contest a speeding fine.

Nicola Mawson, group financial editor

Another example is Aarto - or the Administrative Adjudication of Road Traffic Offenses. This new system is due to roll out across Gauteng this year, and then go national. After that, the demerit system will come into play.

But Aarto has already been a mess-up. In July, its Web site was hijacked in protest by the Justice Project SA. Anyone trying to log on to the Aarto Web site was redirected to GreedFines.co.za.

The system has also been blamed for administrative glitches, which resulted in no one actually knowing what was going on with fines that have been issued.

Aarto is essentially meant to streamline the revenue collection process, and stop people from approaching the public prosecutor to have their fine reduced. Now, instead, there is paperwork for that.

Which is great in theory - who wants to waste a day in court? But, how can motorists be assured their fines will arrive in the post on time, and that they will be correctly and legally issued?

That will place a larger administrative burden on both the authorities and the travelling taxpayer.

And then there is the demerit system. If you get bust, you lose points. Lose them all, and say goodbye to your licence.

In theory, this sounds like a super idea. But, just how much will it do for people who drive an inch behind other cars while doing 120km/h? And what about driving in the rain? Just because you are legally travelling at the speed limit while it's pouring down, it does not mean you are a commendable driver.

None of these reckless examples would be picked up by GPS either, as vehicles fitted with these systems pick up over-revving and speeding, but not tailgating. So, neither the law nor technology will actually do anything to stop negligent drivers.

In fact, the only thing the law will do is probably slow down revenue collection by the folk who sit behind trees armed with laser cameras. They do so much of that already, we will soon all lose our licences.

My favourite new piece of legislation is the amendment to the Act that forbids smoking in public places.

There is much that is good about the tighter law. I have never thought that taking a child into a smoky pub is a good move, and I have a habit of glaring at those who smoke in the car with a toddler in the back seat.

But, if the authorities cannot even make sure that the same toddler is fastened into a proper baby seat instead of standing up in the passenger seat, how on earth are they going to police the new smoking law?

And then there is the bit about smoking being illegal in partially enclosed spaces, such as balconies.

Ignore the law and you will fork out R50 000. That's a lot of cash for a small restaurant owner, and they are unlikely to run foul of the new rules.

But, this may mean restaurant owners will lose out on business, simply because they do not cater for all parts of the population and cannot afford to build separate sections.

Charles Dickens wrote: ”The law is an ass,” in Oliver Twist. And I think that, while South African legislators are well intentioned, this age-old saying applies here. These laws will not simplify anything, but only add to the burden already faced by cash-strapped South Africans and local companies.