Outa begins legal fight to stop AARTO

AARTO DECLARED INVALID AND UNCONSTITUTIONAL - EWN​

The Pretoria High Court has declared the Aarto Amendment Act, on which the planned demerit system for traffic offences is based, unconstitutional and invalid.

The court delivered its ruling on the constitutionality of the Aarto Act on Thursday morning.

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 the amendment Act unconstitutional.

Judge Annali Basson found in favour of Outa and agreed with its position.

Outa's Wayne Duvenhage:

"For several years now we've tried to engage with the authorities and making sure that the various amendments and changes are constitutional, practical and workable but true to form they have ignored our input and not participated meaningfully with civil society, which left us no alternative but to go to court and have it stopped in its tracks."

"We're very pleased with the judge's ruling. It now sends government back to the drawing board on what has become quite a mess."

The court directed the Minister of Transport and the Road Traffic Infringement Agency (RTIA) to pay Outa's costs.
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ewn.co.za

Aarto declared invalid and unconstitutional

The Act was meant to be the basis for government's planned demerit system for traffic offences.
ewn.co.za ewn.co.za
 
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Law on driver demerit system ruled invalid: Outa wins court challenge - TimesLive​

The Pretoria high court on Thursday found the Aarto Act and its amendment, on which the planned demerit system for traffic offences is based, inconsistent with the constitution.

Consequently, judge Annali Basson declared the Aarto Act and the Amendment Act “unconstitutional and invalid”.

The Organisation Undoing Tax Abuse (Outa) brought the challenge in October, arguing that the legislation unlawfully intrudes upon the exclusive executive and legislative competence of local and provincial governments envisaged in the constitution, preventing local and provincial governments from regulating their own affairs.

Respondents cited in the case were the Minister of Transport, the Minister Of 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 pay OUTA’s costs, including the costs of two counsel.

Adv Stefanie Fick, executive director of Outa’s accountability and governance division, said this means that the Aarto roll-out will have to be stopped so that the act can again be amended and taken through the legislative process before it can eventually be implemented.

Fick described Aarto as an administratively complicated process that would be reliant on chaotic municipal systems.

“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.”
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www.timeslive.co.za

LISTEN | Law on driver demerit system ruled invalid: Outa wins court challenge

The Pretoria high court on Thursday found the Aarto Act and its amendment. on which the planned demerit system for traffic offences is based. inconsistent with the constitution.
www.timeslive.co.za www.timeslive.co.za
 

Court declares AARTO unconstitutional and invalid - OUTA​

The Pretoria High Court today delivered its ruling on the constitutionality of the AARTO Acts. OUTA challenged the constitutional validity of AARTO and the AARTO Amendment Act, and asked the court in October 2021 to declare both the main act and the amendment act unconstitutional.

Judge Annali Basson found in favour of the Organisation Undoing Tax Abuse (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 own affairs.

The respondents in the case were the Minister of Transport, the Minister Of 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 pay OUTA’s costs, including the costs of two counsel.

OUTA has raised its concerns and objections about the AARTO Act and the published AARTO Amendment Act for a number of years, and shared their 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.”

“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,” says Adv Stefanie Fick, Executive Director of the Accountability and Governance Divisions at OUTA.

Adv Fick added that the court’s judgement signals another important win for civil society, and yet again points out that 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. Only then can it be implemented.”

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.

“OUTA urges government to listen to the input given by organisations such as OUTA when reviewing these acts."

" 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.”

Adv Matthew Chaskalson SC and Adv Emma Webber, on instruction from Jennings Inc., acted for OUTA.
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AARTO-Aware: The Long and Winding Road to Better Driving​

South African motorists have a bad rap for notoriously reckless and unsafe driving. The country has among the highest road fatality statistics in the world.

This is why the Administrative Adjudication of Road Traffic Offences Act (AARTO) was written – to change the ways of bad drivers. It’s been partially trialled in Johannesburg and Tshwane for over a decade.

Once AARTO is rolled out nationally later this year, bad driving habits could cost drivers their licences.

Critics say it’s more about making money than road safety, but AARTO is meant to improve road safety and adjudicate infringements under an administrative system to alleviate pressure on an overburdened court system.

Carte Blanche investigates whether AARTO can finally make the roads safer.

Carte Blanche

Carte Blanche has developed a high degree of credibility in South African television journalism and has been awarded more than 230 local and international awards for quality stories that have made a difference.
m-net.dstv.com m-net.dstv.com
 
markings said:
This opposition to email, or SMS delivery of notices is just stupid.
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Focus less on speed and more on traffic rule violations. Men on the streets not in shrubs:ROFL:

-Red robot skippers.
-Less useless roadblocks at 8am in the morning to check a license disk only creating chaos with the flow and more random on the ground enforcement.
-Trucks with a max speed 80 or 100 using the faster lanes? Use the Etoll cameras or monitoring individuals to find and fine.
-Start to enforce Min and Max speeds per lane on highways to optimise joining and flow.
-Stopping in middle of road

-Unroadworthy vehicles
How easy is it with a modern tyre for to see it is time to replace? Simple… a shallow rubber bump in the thread. Takes 2 seconds to feel it with some finger work by the cop:p
 
Louis72 said:
Focus less on speed and more on traffic rule violations. Men on the streets not in shrubs:ROFL:

-Red robot skippers.
-Less useless roadblocks at 8am in the morning to check a license disk only creating chaos with the flow and more random on the ground enforcement.
-Trucks with a max speed 80 or 100 using the faster lanes? Use the Etoll cameras or monitoring individuals to find and fine.
-Start to enforce Min and Max speeds per lane on highways to optimise joining and flow.
-Stopping in middle of road

-Unroadworthy vehicles
How easy is it with a modern tyre for to see it is time to replace? Simple… a shallow rubber bump in the thread. Takes 2 seconds to feel it with some finger work by the cop:p
Click to expand...
Solving those issues would not put more lunch money in pockets, I'd say to fix the problem teach the ones being employed to police the roads some ethics first..
 
grok said:
Solving those issues would not put more lunch money in pockets, I'd say to fix the problem teach the ones being employed to police the roads some ethics first..
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Problem is how do you find enough staff with ethics if the nation appears so devoid of it?

Doesnt matter how much or little you pay someone corrupt they will corrupt.
 
Louis72 said:
Focus less on speed and more on traffic rule violations. Men on the streets not in shrubs:ROFL:

-Red robot skippers.
-Less useless roadblocks at 8am in the morning to check a license disk only creating chaos with the flow and more random on the ground enforcement.
-Trucks with a max speed 80 or 100 using the faster lanes? Use the Etoll cameras or monitoring individuals to find and fine.
-Start to enforce Min and Max speeds per lane on highways to optimise joining and flow.
-Stopping in middle of road

-Unroadworthy vehicles
How easy is it with a modern tyre for to see it is time to replace? Simple… a shallow rubber bump in the thread. Takes 2 seconds to feel it with some finger work by the cop:p
Click to expand...
Have to agree. Cops need to be more visible, especially in hotspots where taxis flaunt the law and disregard the safety of others.
 
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