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Lawyers opposed traffic rules

By Lodu William Odiya

A group of lawyers in Juba yesterday rejected the standing orders that were issued earlier this week by the A/IGP for National traffic.

This came after the Directorate of National Traffic Police issued an order to slap the drivers and motorists with heavy fines if found to encroach on rules and regulations governing traffic across the country.

According to a release availed to the media yesterday, the petition handled to the National Minister of interior Mahmoud Solomon Agakstated that the standing order for imposing fines on motor vehicles, Rickshaws and motorcycles was issued in violation of the laws of south Sudan.

“The law regulating the traffic matters is the new sudan traffic act 2003 which has not been amended or repealed by the transitional national legislative assembly” it stated

It said that section 71 of the New Sudan Traffic Act empowers the commissioner for traffic to make traffic rules and regulations but requires the rules to be presented to the national liberation council which may pass, amend or revoke it.

“There is no evidence on record showing the standing order has been presented before the current reconstituted transitional legislature for deliberation, neither has it been approved nor passed by the national legislature” the press release stated

The lawyers stated said the issues covered under the standing orders like reckless driving, driving under intoxication, issue of monthly inspection certificate and driving without number plates and other matters in the standing orders have been prescribed already as offences in the new Sudan traffic act 2003.

“All the fines prescribed by the standing orders already provided under the parent act. It was a general knowledge that a subsidiary legislation does not contradict the parent legislation, what the A/IGP issued is a clear contradiction of the traffic act 2003 and therefore should be null and void”.

They pray for the Directorate of National Traffic Police to issue an order revoking the standing order, unconditional press statement to the public confirming revocation and suspension of the said standing orders.

“Incase of failure to comply with our requests within a period of 72 hours from the receipt of the notice, we will be forced to seek redress from court of law and apply for judicial review at your cost”.

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