Jan 21, 2025 MISA, Motor Industry Staff Association, Martle Keyter, Transport Minister, Barbara Creecy
MISA comment - Stop deadly jaywalking
Lawlessness amongst pedestrians is responsible for 41 % of fatalities on South African roads. Transport Minister Barbara Creecy announced that 1 502 people died on South African roads this Festive Season in 1 234 fatal crashes – of which 41% were pedestrians.
Creecy says, “Our message to pedestrians are clear – if you want to stay alive while using the roads, you must make sure that you:
• Do not consume alcohol and then walk on the roads
• Ensure that you are visible at night and walk in areas that are well lit
• Avoid jaywalking
• Cross the road at pedestrian crossings or where it is safe to do so
According to Creecy law enforcement officers issued 711,184 fines for various traffic offences across the country. Some 23,607 fines were issued to drivers who failed to wear seatbelts, while another 16,925 motorists were fined for using cell phones while driving. A total of 16,527 vehicles were found to be unroadworthy. “To clamp down on drunken driving, speeding and other moving violations, our officers arrested more than 9,550 motorists, with 3,840 individuals arrested for drunken driving,” Creecy said.
However, the Motor Industry Staff Association, (MISA) conducted its own investigation and found law enforcement on pedestrians to be lacking. Creecy released no statistics in this regard. The wet weather and poor visibility on roads throughout the Festive Season contributed to it being even more difficult for motorists to see pedestrians on the roads.
Martlé Keyter, MISA’s Chief Executive Officer: Operations, says MISA believes more should be done to raise awareness with pedestrians and to take action if they persist in breaking the law. According to Attorney Henry Shields, South African law states that no pedestrian should walk on a road where no pavement is available. And if there is no pavement, it is important to walk as close as possible to the edge of the road, while facing the direction of oncoming traffic.
Freeways are prohibited to pedestrians and cyclists, and those found to be walking along or across freeways can be arrested. Any reckless action by a pedestrian along a roadway is considered a crime, so jaywalking is forbidden and you can even be fined for walking while intoxicated. Pedestrians are required to observe all traffic lights and traffic control signals, and they should make use of pedestrian bridges where available — even if it means walking further.
Police Generals have explained to MISA that law enforcement authorities don’t have the manpower to enforce these laws or to take preventative action. “Pedestrians struggle to estimate the speed of approaching vehicles. They don’t think about the possible consequences and don’t respect motorists. They are reckless knowing that there is no law enforcement.” According to these Generals, the solution will be to implement the broken window theory on South Africa’s road. This theory states that misbehaviour in an environment, like jaywalking, encourages further disorder and misbehaviour, leading to more serious crimes.
“If law enforcement officers for example starts arresting pedestrians and people for less serious crimes, for example urinating alongside the roads, we will see a decline in pedestrian fatalities. But this is in theory only, because South Africa’s criminal justice system simply won’t be able to handle a sharp increase in the case load.”
There is also a difference between jaywalking on freeways and pedestrians jumping in front of cars in peak traffic in the hope of being hit by a slow approaching vehicle. The Road Accident Fund (RAF) has warned about a growing scam in South Africa where pedestrians jump in front of moving vehicles in a bid to make fraudulent claims from the fund. According to the RAF it would not pay out for any incident where the accident was caused on purpose – but this would only be after a lengthy investigation, and the threat may not deter perpetrators from making the attempt. Keyter welcomes this firm action by the RAF, but says this scam still puts motorists at serious risk for physical and emotional harm.
MISA was at the forefront last year warning the public at large about the new modus operandi to employ spikes to puncture vehicle tyres, forcing drivers to stop and rendering them vulnerable to robbery, assault, or hijacking. Keyter says although increased police visibility in some areas has helped, incidents remain alarmingly common, continuing to make it dangerous for motorists to drive at night.
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