Trailer-hire mogul Pascale Sprague and her business partner have finally won their battle with Transport Minister Blade Nzimande, the City of Cape Town and the NDPP after they were repeatedly prosecuted for driving and parking offences committed by clients.

A Sunday Times report notes the problem arose when cameras took pictures of the rear of vehicles. ‘The owner of the trailer is then presumed to have been the 'driver' of the trailer when a driving or moving offence was committed, or the one who parked it illegally.

‘The result is that, more often than not, we are prosecuted for traffic offences committed by others ... Numerous traffic offences were recorded against us personally in various magisterial districts,’ Sprague argued in the Western Cape High Court, adding that in instances where spot fines were not paid, they were summonsed to appear in court, and were often charged with contempt of court and had warrants issued for their arrest.

Sprague said the City of Cape Town refused to renew the licence discs for some of her trailers because of the outstanding fines, and she could not renew her driver's licence.

She asked the court to declare the prosecution of a trailer owner for offences committed by the driver of the towing vehicle unconstitutional. Judge Ashley Binns-Ward issued a ruling in her favour.

However, Nzimande's spokesperson, Ishmael Mnisi, said the Minister would appeal.

It was impossible for law enforcement officials to issue fines to the owners of towing vehicles, he said, because trailers obscured their registration numbers. ‘It is going to be problematic to prosecute moving violations involving trailers. Speed and camera offences will also be affected.’

Full Sunday Times report (subscription needed)