New laws coming for driving licence testing centres in South Africa

Staff Writer25 October 2022

Transport minister, Fikile Mbalula, says the government is making headway in its fight against corruption at driving licence testing centres (DLTC).

“Working with law enforcement authorities, we are making headway in uprooting malfeasance and corruption,” Mbalula said.

Addressing media this week, Mbalula said over the last year, the department has worked with MECs and the South African Local Government Association (SALGA) to implement a number of interventions that are intended to address the root causes of systemic and operational challenges.

“At the core of these interventions is a seamlessly integrated value chain, guided by a single standard, under the leadership of the Road Traffic Management Corporation (RTMC),” Mbalula said.

Mbalula said various measures have been implemented, which include the introduction of online services and online payments, the rollout of smart enrolment units across all DLTCs, and the centralisation of the management of booking slots.

“The National Assembly [has] passed the National Road Traffic Amendment Bill, which… provides us with more instruments to aggressively tackle the intractable challenge of corruption that continues to bedevil the vehicle and driver licensing system.

“The regulation of driving schools, through this legislation, will enable closer scrutiny of the conduct of these schools and ensure that uniform standards are applicable to all driving schools.”

Mbalula said stricter rules are being introduced to address cheating by learners and wayward behaviour by instructors.

“The prevalence of criminal conduct, ranging from the cloning of vehicles to the fraudulent issuing of driving licences, is a matter of concern that is receiving our most urgent attention,” Mbalula said.

Mbalula said the Special Investigative Unit (SIU) has until 31 March 2023 to complete investigations into corruption at DLTCs and table a final report.

In its investigation, the SIU has so far identified the drivers of the systemic and operational challenges that give rise to corruption.

The SIU has since presented an interim report, identifying a number of administrative actions that should be taken by the various authorities.

It identified the following:

  • Backlog and desperate need for driving licences, roadworthy certificates, and registration of vehicles drive fraudulent conduct;
  • Corrupt officials and criminal middlemen exploit systemic weaknesses;
  • Negligent and/or incompetent officials, which some have access to the NaTIS system;
  • Inadequate compliance monitoring by relevant authorities;
  • Lack of and/or weak management and oversight;
  • Lack of standard operating procedures (SOP) across National, Provincial, Local Authorities and private institutions;
  • Lack of MoU with local authorities, DLTC, Private vehicle testing centres and private institutions,
  • No agreed minimum performance standards for officials and/or employees;
  • No financial autonomy resulting in inadequate resourcing;
  • Legislative gaps;
  • Greed, which drives irregular and criminal behaviour;
  • Roadworthy certificates issued without vehicles being tested;
  • Unlawful selling of licences by DLTC officials to private persons;
  • Money dumping. This relates to traffic fines, SANRAL e-toll invoices, AARTO infringements, Licence fees dumped on a deceased person’s records or persons with duplicate identifications in the form of a South African identity number of Traffic Register Number;
  • Driving schools paying driving licence examiners to issue licences irregularly and/or fraudulently;
  • The conversion of false foreign licences into South African Card licences;
  • The authorisation of roadworthiness without vehicle testing.

Head of the Special Investigating Unit, Advocate Andy Mothibi, said the SIU was authorised to investigate the entering of, changing, tempering with or manipulation of data or information on eNatis.

“The SIU continues to receive allegations from whistleblowers. The SIU will continue to investigate and further engage with the RTMC and the Department of Transport where there is a need to amend the current Proclamations or process a new Proclamation,” Mothibi said.

The SIU made findings and recommendations with regard to DLTCs and other entities, which are being implemented.

New laws

“Over the last year, we have been working with MECs and SALGA to implement a number of interventions that are intended to address the root causes of these systemic and operational challenges.

“At the core of these interventions is a seamlessly integrated value chain guided by a single standard under the leadership of the RTMC. This would constitute a new service delivery model for all DLTCs in the country,” said the transport minister.

On 27 September 2022, the National Assembly passed the National Road Traffic Amendment Bill, which addresses a number of areas covered by the SIU investigation, which includes the regulation of driving schools.

The regulation of driving schools through this legislation will enable closer scrutiny of the conduct of these schools and ensure that uniform standards are applicable to all driving schools, he said.

This will also enable the inspector of driving schools established by the bill to hold these schools accountable to the set standards, the minister added.

Other laws coming from the adopted bill include increasing penalties for those who fail to comply with traffic rules and setting up national number plate legislation.

The bill also proposes the streamlining of the powers of the transport minister and those of the provincial members of the executive committee responsible for transport.

Some previous proposals by the bill were rejected, however, including the introduction of a provisional driving licence and amendments to the levels of concentration of alcohol in blood or breath specimens taken.

The bill has been transmitted to the National Council of Provinces for concurrence, before heading to the desk of the president to be signed into law, if no further amendments are needed.