Courts in a number of regions have been ordering the return of traffic fines, with interest, to offenders due to technical irregularities in the processing of sanctions as a result of the introduction of the Traffic Sanctions Board (Testra) in November 2010.
Until the introduction of Testra, the names of motorists who could not receive notice of sanctions by mail due to the inability to locate them were published in the various Regional Gazettes (BOP).
With the introduction of Testra on November 24th 2010, the names were then published on the internet on a website which the drivers could access, basically an online gazette.
What appears to have happened is that unpaid fines from prior to November 24th 2010 have been published in the online gazette, whereas the ‘proper’ procedure should have been for these to be published in the Official Gazette. This ‘irregularity’ nullifies the enforced collection of the fine and the Treasury has to return the money with statutory interest.
It is thought there could be in excess of 200,000 fines affected by this irregularity.