The Administrative Adjudication of Road Traffic Offences (AARTO) Act is unconstitutional and should be struck down.
This is according to Howard Dembovsky, head of Justice Project South Africa.
Dembovsky said the AARTO Act, which is aimed at curbing traffic offences, presumes guilt on the part of an accused person.
It also promotes “grossly unjust measures to extract revenues”.
This is “facilitated through the coercive practice of withholding licence discs and other documents from persons”, he said.
The AARTO Act was implemented almost solely to extract revenue from road users, he added.
“My rights and the rights of my fellow South Africans are shared through the Constitution,” said Dembovsky, who has filed papers against AARTO in the North Gauteng High Court.
Dembovsky also said a focus on road safety hardly features in the Act, and the AARTO pilot project – which was set to last 18 months – has been running for 10 years.
If Dembovsky is successful in his court challenge, he said the government and the law enforcement community should simply obey the law and enforce laws within the prescripts of the law.
Dembovsky’s affidavit can be found here.