Constitutional Court sets date for case against new traffic fine and demerit system laws
The Constitutional Court of South Africa has set 15 November 2022 as the date on which it will hear the Organisation Undoing Tax Abuse’s (Outa) case against the country’s new traffic laws.
It will consider the argument brought forward by Outa to have the Administrative Adjudication of Road Traffic Offences Act (Aarto), and its Amendment Act declared unconstitutional.
While most Aarto laws — excluding the controversial driver demerits system — are already in effect in the City of Johannesburg and the City of Tshwane, they have yet to be expanded to the rest of South Africa.
Outa’s case with the Constitutional Court follows its triumph over Aarto and the Aarto Amendment Act at the Pretoria High Court in January 2022.
The Pretoria High Court deemed the laws unconstitutional because they infringe on provincial and local government competencies.
Outa applied to the Constitutional Court in February to have the acts’ unconstitutionality confirmed.
The civil action organisation is the applicant in the main application, with the respondents being:
- The Minister of Transport;
- The Minister of Cooperative Governance and Traditional Affairs;
- The Road Traffic Infringement Authority (RTIA);
- The RTIA Appeals Tribunal; and
- The Road Traffic Management Corporation (RTMC).
The Minister of Transport, RTIA, and RTMC all oppose the declaration of unconstitutionality.
Transport minister Fikile Mbalula wants the Aarto laws to remain and is therefore in favour of the Constitutional Court overturning the High Court order.
If the laws are confirmed to be unconstitutional, Mbalula requests that they be suspended for two years for Parliament to rectify the act.
The RTIA is of a similar opinion, with the authority describing the High Court order as extraordinary regarding its reach and effect as it deemed the entire law and amendment unconstitutional.
The RTMC has also taken a similar stance. However, it has only asked for an 18-month suspension of the law if its unconstitutionality is confirmed.
The City of Cape Town (CoCT) is the amicus curiae — or the party that assists the court by furnishing information or advice — and wants Aarto to be overturned.
The CoCT believes the enforcement and adjudication of traffic laws should reside at a municipal level.
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