An advocate has reiterated that the crackdown on tinted car windows by the traffic police is illegal since the law does not prohibit its use.
On July 31st, the directorate of traffic police issued an order banning the use of vehicles with tinted windows including those designed by its manufacturers.
As a result, a group of lawyers filed a petition challenging the order, arguing that the directive is not in line with the traffic act of 2003 and the transitional constitution of South Sudan.
“The traffic police of South Sudan operate under the traffic act of 2003. According to that law, the rules and regulations that can be made by the traffic police are under section 119, it does not allow them to make regulations on tinted vehicles,” said Issa Muzamil.
The court of appeal is expected to determine the case in 60 days from the time it was lodged.
This week, the traffic police continued to impound vehicles with tinted windows and charge the car owners a monthly fine of 5000 Pounds until the windows are replaced.
“I know it is an attempt to get money, because if they think that the tinted vehicles are being used for criminal activities, then why should they receive money and tell the person to be renewing every month,” said Muzamil.
Issa Muzamil – the lead attorney in the petition against the order further emphasized that it is unlawful for the traffic police to receive the fines from its offices.
“You cannot be a judge and a complainant in the same matter, the traffic police shouldn’t be receiving the money, because any person who has dispute will be the money as a fine to the court not to the traffic police,” he added.
Advocate Muzamil urged the traffic police to be disciplined and observe the 2003 traffic act.
He said any change to the laws of the land must first be debated on the floor of parliament and passed by the lawmakers for amendment.