Johnathan Paoli
The Constitutional Court has dismissed a bid by the Organisation Undoing Tax Abuse (OUTA) to set aside the Administrative Adjudication of Road Traffic Offences Act (AARTO) which introduces a single national system of road traffic regulation, to hold motorists to account for traffic violations.
Aarto differs from the Criminal Procedure Act which has been and still is used to prosecute road traffic offences everywhere else in South Africa.
Traffic fines issued under Aarto offer the infringer a 50% discount if they pay within 32 days and even those protesting innocence are not entitled to a trial before court. Fines issued under the Criminal Procedures Act do cater for a summons.
Failure to pay Aarto fines are then processed into an automated adjudication procedure involving the issuing of a “courtesy letter” demanding the full undiscounted amount plus R60 for the issuing of the letter.
If this is again ignored,
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