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Fines 4 U (Pty) Limited and Another v Sherman and Others (30586/2014) [2017] ZAGPPHC 57

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Fines 4 U (Pty) Limited and Another v Sherman and Others (30586/2014) [2017] ZAGPPHC 57

28th February 2017

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AARTO came into effect on 1 July 2007.

4] When the events forming the subject of this dispute took place, AARTO was still in an implementation stage, and, it appears, it was being implemented on a limited scale by employing certain "pilot projects" mainly in the Pretoria and Johannesburg Metropolitan areas.

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The short title of AARTO reads as follows:

"To promote road traffic quality by providing for a scheme to discourage road traffic contraventions, to facilitate the adjudication of road traffic infringements, to support the prosecution of offences in terms of the national and provincial laws relating to road traffic, and implement a points demerit system; to  provide  for the  establishment  of  an  agency  to  administer  the scheme; to provide for the establishment of a board to represent the agency; and to provide for matters connected therewith."

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It appears that it was the intention of the legislature, in enacting AARTO, that this Act would be implemented, in a sense, in tandem with the Criminal Procedure Act, number 51 of 1977.  In this regard, it is noteworthy that section 2 of the Act, setting out the objects thereof, provides that "the objects of this Act are, despite the Criminal Procedure Act, 1977 ..."

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