Section 130: Prosecution under sections 123A and 123C

130. Prosecution under sections 123A and 123C (1) Where a person is prosecuted for an offence under— (a) section 123A or 123C; or (b) this Part relating to the maximum speed at which motor vehicles may be driven, he shall not, except in the case of an offence which is the subject of a FPN or a PEDN, be convicted unless, within 14 days of the commission of the offence, a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on, or sent by registered post to, him or to the person registered as the owner of the motor vehicle at the time of the commission of the offence. (2) Failure to comply with subsection (1) shall not be a bar to the conviction of the accused in any case where the Court is satisfied that— (a) the name and address of— (i) the accused; or (ii) the registered owner of the motor vehicle, could not, with reasonable diligence, have been ascertained in time for a notice to be served or sent under subsection (1); or (b) the accused, by his own conduct, contributed to the failure. (3) This section shall, unless and until the contrary is proved, be deemed to have been complied with. [S. 130 amended by s. 7 of Act 9 of 2003 w.e.f. 1 September 2003; s. 13 of Act 17 of 2012 w.e.f. 10 May 2013.] 131. – 132. — [Ss. 131 and 132 amended by s. 4 of Act 5 of 1999 w.e.f. 1 July 1999; repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.] 132A. — [S. 132A inserted by s. 3 of Act 43 of 1992 w.e.f. 19 December 1992; repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]