Speedsters driving through the Free State are in for a shock after the Director of Public Prosecutions banned all diversion programmes for these offences, Rapport reports. Acting DPP, Advocate Navilla Sumaro, says in a directive to prosecutors that a ‘diversion practice’ had been created where speedsters were found to have exceeded the limit by 30km/h in urban areas and 40km/h on freeways, but these offences were now to be treated as a ‘priority crime’.

In the past, prosecutors used Nicro as a service provider for diversion programmes, but this practice circumvented the serious consequences of the offence such as the automatic suspensions of licences and sentences of up to three years imprisonment stipulated in the National Road Traffic Act, Sumaro says.

Free State traffic spokesperson Hlillary Mophethe says the additional resources required to conduct trials for all these cases will not be a problem as traffic officers’ time in court to testify is ‘well managed’.

Cape Town criminal law attorney William Booth says diversions for these offences are common practice in the Western Cape and the Free State’s move is ‘unfair and unconstitutional’.

‘It is like saying no offender, regardless of the crime or their personal circumstances, may get bail.’

Peter Jay, a Pretoria attorney who deals with many traffic-related cases, says diversions are not common in the northern part of the country. He cites an example where his client, a doctor, was refused a diversion when caught speeding at 207km/h, but was acquitted at his trial on various technical grounds.

Full report in Rapport (subscription needed)