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, an enforcement order is issued in which demerit points are linked to the driver’s licence, the infringer is barred from renewing their licence, professional driver’s permit or licence disc and ordered to pay 100% of the penalty plus fees for the courtesy letter and enforcement order. If they disagree, they may apply to the Road Traffic infringement Agency (RTIA) appeals tribunal to have the enforcement revoked.
The Ministry is convinced this will assist in tackling the issue of motorists floating traffic rules.
Outa’s main argument is that Aarto is more about making money and less about road safety and that through the introduction of a national system of traffic regulation, the government is acting contrary to the constitution.
Outa claims these competencies should vest with provincial and municipal authorities. By taking them away, struggling municipalities will be deprived of much-needed revenue as Aarto will trump any form of local ordinances and bylaws.
Outa argues that municipalities will therefore not be able to collect monies for themselves and conflict between local ordinances, bylaws and the provisions of the Aarto amendment aim to prosecute the same (or similar) traffic offences.
Outa believes Aarto infringes on the constitutional rights of drivers and owners of vehicles in that fines that are posted or electronically emailed are deemed delivered. It further argues that 50% of the fines and the admin fees go to the RTIA, meaning local municipalities automatically lose half the income generated from fines.
The judgment was handed down by CJ Zondo on Wednesday, 12 July 2023 at 10h00.
The ruling comes after former transport minister Fikile Mbalula had approached the apex court with an appeal.
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