Answer to Question #346235 in Law for PC Meyer

Question

Mr Kabelo Maseko is driving on the M2 one morning on his way to work. He is talking to his friend about the incident that happened at the weekend when he visited a local pub. Kabelo is talking on his cell phone through the speakers of his vehicle while driving. Because the traffic is very slow at that time of the morning, he rolls down his windows. Other motorists can almost hear his conversation and see that he is alone in the vehicle. While proceeding in this fashion on the M2, a traffic officer pulls Kabelo to the shoulder of the road and requests his licence. The officer informs Kabelo that he is going to give him a ticket as talking on your cell phone while driving is a traffic offence.

 Advise Kabelo as to whether or not he has committed an offence. Apply the literal or text-based as well as the text-in-context and the mischief rules of interpretation with reference to relevant case law.