Legislation – Unconstitutional

SAIDI has always, since 1977, guided driving instructors to comply with the law.

We have always required a valid instructor’s certificate for membership.

In fact, the SAIDI Constitution requires proof of a valid instructor’s certificate before we accept instructors as members.

BUT

Unfortunately, no laws to do with the driving school industry are constitutional at the moment.

Let’s start at the top.

Does it make sense that each of nine Provinces make their own laws for driving schools?

No. Of course not. A national standard for driving schools must exist.

The Constitution of South Africa clearly states in Schedule 4, Part A that Road Traffic Legislation is a concurrent function of National and Provincial Departments of Transport.

Provinces which are passing their own laws to do with road traffic legislation, regarding driving schools, such as Mpumalanga, Gauteng, KZN and Eastern Cape , are acting unconstitutionally.

Section 28 of the National Road Traffic Act 93 of 1996 requires that instructors must be registered, but can never be implemented without regulations.

Regulation 114 is also unconstitutional. For example mention is made of a training centre for a refresher course. No such training centre exists.

A manual for driving instructors is mentioned. No manual exists or if it does, it is not available.

Regulation 114 is unproclaimed.

Section 28 is unproclaimed.

 

Laws applicable to driving instructors

It is not SAIDI’s function to implement the law, but to attempt to comply with the law in every respect, to offer the public safe, well-trained driving instructors, who will not rob them or teach dangerous driving standards.

 

We must oppose unconstitutional laws.