Court Orders Refunds for Excessive Traffic Fines Between 2006-2021

The Constitutional Court has ruled that individuals who were charged fines exceeding the standard penalties for traffic violations between June 15, 2006, and November 3, 2021, are eligible for a reimbursement from the government.

The ruling, delivered on Friday, follows a lawsuit filed by software engineer Maurice Housen.

Housen contested a $5,000 traffic ticket he received for a speeding violation on July 5, 2021, when the stipulated fine for a speeding violation under the 1938 Road Traffic Act was $800.

The court declared the traffic ticket issued to Housen null and void, emphasising that it holds no legal effect.

The verdict came in response to Housen’s legal team arguing that the excessively imposed fine constituted a breach of his constitutional rights.

The court concurred, stating that there was a clear violation of his constitutional right to due process.

As a remedy, Housen was awarded $250 thousand in damages, setting a precedent for others affected by similar circumstances.

The court also specified that motorists eligible for a refund must provide proof of the payments made in excess.

The government has been given a deadline to devise a mechanism for executing the refunds, with a hearing scheduled for April 29, 2024, before the full court.

Individuals will therefore need to gather and preserve evidence of their excessive payments.

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