‘A money-making scheme': pensioner challenges estate's R575 speeding fine
A 72-YEAR-OLD veteran journalist is challenging a R575 speeding fine issued by an estate for driving 42 km/h in a 30 km/h zone.
Fawzia Moodley claimed the punishment was disproportionate and questioned whether the estate’s camera system was more focused on revenue than safety. Legal experts said residential estates’ authority to issue such fines was questionable under South African law.
Moodley, voiced her frustration after receiving what she described as an “outrageous” speeding fine inside Midstream Estate, in Gauteng.
She had gone to fetch a friend from the estate when she was fined for driving 42 km/h in a 30 km/h zone.
“I was lost inside the estate and did not pay attention to the speed I was driving. I was more worried about finding the house,” she said.
Moodley said she only discovered she had been fined when she received an SMS notification from the estate.
“I was not stopped by the security inside the estate. I received the fine via SMS. I was shocked. I have sent them an email asking for a reduction of the amount on compassionate grounds, age, and affordability.”
While Moodley acknowledged the importance of safety inside estates, particularly where children are present, she believed the punishment did not fit the transgression.
“While I understand the need to drive slowly because of the danger to kids, it is unfair to slap me with such a huge fine. They should at least give an offender a chance the first time around.”
She added that the R575 fine for being 12 km/h over the limit was excessive.
“That for driving just 12 km/h faster than the limit! I was lost and anxious, not reckless. A fine of about R200 for a first transgression would at least be fair. As it stands, it seems to be a big money-making scheme.”
Midstream Estate operates an advanced speed enforcement system with stand-alone and rotating speed cameras integrated into its access control and visitor management systems. The cameras record license plates, including motorcycles, and automatically send fines via the estate’s app or SMS.
Moodley said after some investigation she found out that the fines ranged from R550 for driving between 40 km/h and 49 km/h to as much as R4 400 for exceeding 70 km/h.
She said residents of the estate had voiced growing discontent about the system, citing the low 30 km/h limit, high number of cameras, and steep fines.
Many also complain that they were fined for the actions of courier drivers visiting their homes, she said.
“I have read other stories about this same issue in the estate. Courier drivers tend to break the rules, and residents end up getting fined. It is not fair.”
She said the system’s design suggested a focus on revenue rather than safety.
She added many people argued that the estate’s 30 km/h speed limit is stricter than most other estates, which typically enforced a 40 km/h limit.
As for her own fine, Moodley said she has not yet decided what to do.
“I hope they reconsider and show some compassion,” said Moodley.
Marius Els, Estate manager of Midstream Estate said that speed regulations were in place to keep residents safe.
“The 30kmph speed limit is only one of several road safety house rules implemented to mitigate the risk posed by road traffic in the estate, and help to ensure the safety of all road users.”
He said that if the visitor failed to pay the fine, the debt fell on the resident they had visited.
“Mrs Fawzia Moodley visited a friend in the estate, and she would therefore have been registered under a “friends or family” access category. The homeowner/tenants will be held responsible for the penalty if she fails to settle it. We will not restrict access to the estate to persons (friends and family) registered under this access category, as the resident remains liable for the penalty. However, there are other access categories, such as contractors, service providers and deliveries, where access can or will be restricted if the penalty is not settled by the driver.
“All fines are expected to be paid by the resident, they will receive an SMS as well as the visitor. We have had cases where residents have pleaded to allow their visitors access again after the fine was paid, ultimately the resident is responsible for paying the fine.”
He said there is a Penalty Appeal Process that could be followed.
“All penalties issued, including speeding penalties, are paid to the homeowners’ association (HOA). Speeding is relative. It is certainly more common than any other type of traffic violation, but it should be kept in mind that we process thousands of vehicles every day through our access gates, and it is a very small percentage (less than 0.5% on average) of vehicles that are issued speeding penalties.
“All penalties received are reflected as a separate line item in the annual financial statements and are included in the notes to the income statement. All funds and levies collected are used for the expenditure the HOA has to incur in fulfilling its mandate and objective as per the Memorandum of Incorporation. These expenses will include maintenance, repairs, providing services, improvement of common property,” said Els.
Yolanda Celeste Akram, an attorney at Akram Attorneys Inc said the enforcement of traffic fines in private residential estates is legally limited.
“The enforcement of traffic fines within private residential estates raises important legal questions. While estates may impose internal rules to promote safety, they are not empowered under South African law to issue or collect traffic fines in the same way that authorised traffic authorities can.
“A HOA can regulate speed through its conduct rules, but any financial penalty must stem from a valid contractual agreement between the homeowner and the HOA – typically contained in the estate’s constitution or management rules. Extending such penalties to visitors or delivery drivers, who are not members of the HOA, is legally questionable.
“Unless the fine arises from a clear contractual undertaking or a lawful by-law authorised by the municipality, an HOA cannot lawfully impose or collect fines that resemble municipal traffic penalties,” said Akram.