The Constitutional Court (ConCourt) is expected to hear arguments on November 15 from the Organisation Undoing Tax Abuse (OUTA), to have the Administrative Adjudication of Road Traffic Offences Act (AARTO) and the AARTO Amendment Act declared unconstitutional.
This follows a High Court decision in January which declared the AARTO law as unconstitutional.
AARTO is the law which moves road traffic infringements out of the ambit of the Criminal Procedure Act and the courts, and into an administrative process.
Most of the AARTO law already applies in the City of Johannesburg and the City of Tshwane but not the rest of South Africa; this excludes the demerit system linked to driving licences.
The AARTO Amendment Act was intended to roll the law out across the country and add the demerit system.
OUTA is seeking a ConCourt confirmation of unconstitutionality, which it filed an application for on February 3.
“OUTA wants the AARTO Act and AARTO Amendment Act declared unconstitutional and invalid, arguing that they usurp the executive authority of local and provincial government on traffic matters on municipal and provincial roads. If the ConCourt finds against OUTA on this aspect, OUTA seeks an order declaring section 30 of the AARTO Act and section 17 of the AARTO Amendment Act unconstitutional, on the grounds that these fail to provide for adequate service of notices on infringers. If the ConCourt confirms invalidity, OUTA asks for this to be immediate, to prevent government from incurring significant cost from rolling out the law nationally,” it explained.
Minister of Transport Fikile Mbalula, Minister of Cooperative Governance and Traditional Affairs, the Road Traffic Infringement Authority and its appeals tribunal, as well as the Road Traffic Management Corporation, are all opposing OUTA’s application, while the City of Cape Town lends its support as a friend of the court.
Mbalula wants the ConCourt to overturn the High Court ruling.
If it does not, the Minister wants 24 months to allow Parliament time to rectify the law.
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