Relevant, applicable legal provisions
Section 35 of the National Road Traffic Act 93 of 1996 (“the NRTA”), as amended by the National Road Traffic Amendment Act 64 of 2008, provides as stated infra. Note however that, in subsection (3) of section 35 the words that are highlighted, were inserted by means of the Amendment Act 64 of 2008, and that words in square brackets are inserted by Pollex:
“35. On conviction of certain offences licence and permit shall be suspended for minimum period and learner’s or driving licence may not be obtained. -
(1) Subject to subsection (3), every driving licence or every licence and permit of any person convicted of an offence referred to in -
(a) section 61(1)(a), (b) or (c), in the case of the death of or serious injury to a person;
(aA) section 59(4), in the case of a conviction for an offence, where -
(i) a speed in excess of 30 kilometres per hour over the prescribed general speed limit in an urban area was recorded; or
(ii) a speed in excess of 40 kilometres per hour over the prescribed general speed limit outside an urban area or on a freeway was recorded;
(b) section 63(1), if the court finds that the offence was committed by driving recklessly;
(c) section 65(1), (2) or (5), where such person is the holder of a driving licence or a licence and permit, shall be suspended in the case of -
(i) a first offence, for a period of at least six months;
(ii) a second offence, for a period of at least five years; or
(iii) a third or subsequent offence, for a period of at least ten years, calculated from the date of sentence.
(2) Subject to subsection (3), any person who is not the holder of a driving licence or of a licence and permit, shall, on conviction of an offence referred to in subsection (1), be disqualified for the periods mentioned in paragraphs (i) to (iii), inclusive, of subsection (1) calculated from the date of sentence, from obtaining a learner’s or driving licence or a licence and permit.
(3) If a court convicting any person of an offence referred to in subsection (1) [supra], is satisfied, after the presentation of evidence under oath, that circumstances relating to the offence exist which do not justify the suspension or disqualification referred to in subsection (1) [supra] or (2) [supra], respectively, the court may, notwithstanding the provisions of those subsections, order that the suspension or disqualification shall not take effect, or shall be for such shorter period as the court may consider fit.