AARTO declared invalid and unconstitutional

[Oldfut]

I'm really confused.

Do ministers not have lawyers guiding them when implementing new regulations?

Why bother pushing for these regulations ?

I think that, to the ANC cadre who appoints the AARTO "developers" and then the lawyers etc that follow the crash, performance is irrelevant, fees and a back hander from them are what this is all about. It is like Eskom or SAA; under the ANC its purpose is to generate loot for cadres not electricity or efficient air transport.

 

[rietrot]

I'm really confused.

Do ministers not have lawyers guiding them when implementing new regulations?

Why bother pushing for these regulations ?

Yes they have thousands of consultants that get paid billions to check these kinds of thing.

 

[Next Thing]

Yes they have thousands of consultants that get paid billions to check these kinds of thing.

Probably all BEE/Cadre

 

[ToxicBunny]

Probably all BEE/Cadre

Doesn't even need to be BEE/Cadre.

Don't forget the consultants and lawyers would be engaged with a specific scope of work with an intent/end goal and they would work within those structures... even if they don't actually agree that the intent/end goal is the right one.

 

[Spitfire77]

Can someone please tell me what happens if you are stopped at a road block and you have outstanding fines?

 

[ToxicBunny]

Can someone please tell me what happens if you are stopped at a road block and you have outstanding fines?

They can give you the fines... And if there is a warrant against any of those fines, they can arrest you in the road block or get you to pay the fine plus admission of guilt.

 

[Spitfire77]

They can give you the fines... And if there is a warrant against any of those fines, they can arrest you in the road block or get you to pay the fine plus admission of guilt.

So as long as there is no warrant, they can't really do anything other then inform you of your outstanding fines?

It doesn't sound right to have to pay any fine on the spot in a road block. Can they really force you to pay there and then?

As far as my understanding goes, paying a fine is already admitting guilt or is this a separate fee?

 

[rvZA]

I'm really confused.

Do ministers not have lawyers guiding them when implementing new regulations?

Why bother pushing for these regulations ?

They do. With all new laws there should be advocates looking at constitutionality and more. Problem is, this is South Africa. Most of those people are not properly educated. Degrees are handed on a silver platter just to get them out and make place for new ones every year. So, the advise are questionable at best.

 

[ToxicBunny]

So as long as there is no warrant, they can't really do anything other then inform you of your outstanding fines?

It doesn't sound right to have to pay any fine on the spot in a road block. Can they really force you to pay there and then?

As far as my understanding goes, paying a fine is already admitting guilt or is this a separate fee?

No, they cannot force you to pay on the spot... All they can do is inform you of the outstanding fines.

 

[Supervan II]

It's interesting that it was ruled unconstitutional on the basis that it overrides provincial and municipal rights to regulate their own affairs. This is an important precedent that can apply to many other areas of governance.

I don't see how they can fix AARTO easily to align with this. And even if they can, there are other constitutional issues with the act - i.e. it removed your right to defend yourself in court.

But the constitution is not cast in stone, or so I've heard.

 

[rvZA]

Govt to appeal high court ruling that AARTO Act is unconstitutional - Mbalula​

Transport Minister Fikile Mbalula has vowed to appeal the court ruling that dismissed the AARTO Act as invalid and unconstitutional.

Last week, the Gauteng High Court in Pretoria ruled in favour of OUTA, which challenged the constitutional validity of the Administrative Adjudication of Road Traffic Offences Act (AARTO) and the AARTO Amendment Act.

OUTA wanted the high court to declare both the main act and the amendment act unconstitutional.

Addressing the media on Tuesday, Mbalula said AARTO provided an adjudication system for infringements of road rules as determined by the National Road Traffic Act.

"AARTO is the final piece of the puzzle in implementing a new road traffic management system by the democratic state. The importance of AARTO in driving behaviour change of motorists and providing disincentives for unbecoming conduct cannot be overemphasised.

Govt to appeal high court ruling that AARTO Act is unconstitutional - Mbalula | News24

Transport Minister Fikile Mbalula has vowed to appeal the court ruling that dismissed AARTO Act as invalid and unconstitutional.

www.news24.com

 

[rvZA]

"AARTO is the final piece of the puzzle in implementing a new road traffic management system by the democratic state.

Lol