THE Pretoria High Court has found that South Africa’s Administrative Adjudication of Road Traffic Offences (Aarto) Act and the Aarto Amendment Act are unconstitutional.
This comes after civil society group the Organisation Undoing Tax Abuse (Outa) approached the court in October 2021 to declare both the main act and the amendment act unconstitutional.
In her ruling, Judge Annali Basson found in favour of Outa and agreed with the group’s position that the legislation unlawfully intrudes upon the exclusive executive and legislative competence of the local and provincial governments envisaged in the Constitution, preventing local and provincial governments from regulating their own affairs.
Outa raised its concerns and objections about the Aarto Act and the published Aarto Amendment Act for a number of years and shared its concerns with relevant authorities before the Amendment Act was published.
The organisation said it believes that these pieces of traffic legislation are unconstitutional and
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