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Motorists will no longer have to be concerned about the implementation of the Administrative Adjudication of Road Traffic Offences (AARTO).
AARTO, as Newcastillians will recall, is a point-based system in which drivers begin with zero points. Then, like a TV game, each offence the driver commits results in a penalty of one to six points. Yet, the seriousness of the violation determines the number of points assigned.
Therefore, if you racked up 15 points, your driver’s license would be suspended for up to three months.
Additionally, for every demerit point over 15, a three-month suspension would be imposed. A driver with 19 points, for example, would lose their license for a year.
Concerningly significant efforts and costs have gone into the initiative. Newcastle, NKZN is one of five KwaZulu-Natal municipalities set up for the demerit system in September 2021.
Nevertheless, on Thursday, 13 January 2022, the Pretoria High Court issued its decision on the constitutionality of the AARTO Acts. A ruling that brought the hopes of AARTO’s implementation to a grinding halt.
According to Organisation Undoing Tax Abuse (OUTA), it challenged the constitutional validity of AARTO and the AARTO Amendment Act. Then in October 2021, OUTA asked the court to declare both the main act and the amendment act unconstitutional.
Judge Annali Basson found in favour of OUTA and agreed with the organisation’s position that the legislation unlawfully intrudes upon the exclusive executive and legislative competence of the local and provincial governments envisaged in the Constitution. Thereby preventing local and provincial governments from regulating their own affairs.
Respondents in the case included the Ministers of Transport, Co-Operative Governance and Traditional Affairs, the Road Traffic Infringement Authority (RTIA), and the Appeals Tribunal.
The court ordered the Minister of Transport and the RTIA to reimburse OUTA for its costs, including the fees of two counsel.
OUTA has expressed its concerns and objections to the AARTO Act and the published AARTO Amendment Act for several years. They also expressed their concerns to relevant authorities prior to the publication of the Amendment Act.
The organisation said they believe that these pieces of traffic legislation are unconstitutional and will not assist with curbing road traffic fatalities in South Africa.
In her judgement, honourable Judge Basson concluded the following: “It therefore follows in my view that the AARTO Act and the Amendment Act must be declared to be inconsistent with the Constitution in its entirety. It is therefore declared that the AARTO Act and the Amendment Acts are unconstitutional and invalid.”
Adv Stefanie Fick, Executive Director of the Accountability and Governance Divisions at OUTA, says, “We are very pleased with the court’s decision. OUTA believes that AARTO in its current format does nothing to improve road safety, nor does it reduce the scourge of road fatalities in South Africa. We are satisfied that the judgment will be sending government back to the drawing board. This time around, we trust the relevant departments will engage meaningfully with civil society to obtain our input when developing such important policies for the country. South Africa needs effective processes enabled by fair adjudication that complies with the Constitution.”
Adv Fick went on to say that the court’s decision is yet another significant victory for civil society and demonstrates that the government is out of touch with reality.
“It is unfortunate that government once again chose to ignore valid concerns and well researched input, and pushed ahead with the amendment. Not only did they waste a lot of time, but also valid resources, as the AARTO roll out will have to be stopped while the act is once again amended and taken through the legislative process.”
OUTA has repeatedly pointed out the problems with the AARTO Acts, which are also administratively complicated and relies on chaotic municipal systems.
Adv Fick said the battle to protect motorists from the ill-conceived act is not yet over. “When reviewing these acts, OUTA urges the government to consider the input provided by organisations such as OUTA. We can assure the public that we will carefully monitor the process to ensure that any revised AARTO acts are constitutional and truly aimed at increased road safety and saving lives.”
Fikile Mbalula, the Minister of Transport, responded by saying that he is currently studying the judgment and will be guided by legal counsel as to whether or not to appeal.
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