@rtia_aarto (Twitter)
The Pretoria High Court on Thursday declared the controversial Administrative Adjudication of Road Traffic Offences (AARTO) system unconstitutional and invalid.
The Organisation Undoing Tax Abuse (OUTA) challenged the constitutional validity of the Act and asked the court in October 2021 to declare both the main act and its amendment as unconstitutional.
Judge Annali Basson found in favour of OUTA and agreed with OUTA’s position that the legislation unlawfully intrudes upon the exclusive executive and legislative competence of the local and provincial governments envisaged in the Constitution, preventing local and provincial governments from regulating their affairs.
The respondents in the case were the Minister of Transport, Fikile Mbalula the Minister Of Co-Operative Governance and Traditional Affairs, Nkosazana Dlamini Zuma and the Road Traffic Infringement Authority (RTIA) and the Appeals Tribunal.
The court ordered the Minister of Transport and the RTIA to pay OUTA’s costs, including the costs of two counsel.
OUTA has raised its concerns and objections about the AARTO Act for several years and shared its concerns with relevant authorities before the Amendment Act was published.
The organisation said they believe that these pieces of traffic legislation are unconstitutional and will also not assist with the curbing of road traffic fatalities in South African.
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."
This is, however, a temporary victory for OUTA as they will now have to approach the Constitutional Court to apply to confirm the unconstitutionality of the Act and Amendment Act.
Advocate Stefanie Fick says they will approach the ConCourt within the next 15 days.
