ConCourt rules Aarto Act to be constitutional
The Constitutional Court on Wednesday ruled against the Organisation Undoing Tax Abuse (Outa) in its challenge to the Administrative Adjudication of Road Traffic Offences Act (Aarto) and the Aarto Amendment Act.
Delivering his judgment, Chief Justice Raymond Zondo said Aarto and the way notices would be served to alleged offenders were not inconsistent with the constitution
"Parliament had the competence to pass the Aarto Act, but that conclusion made it unnecessary for the ConCourt to consider the applications made by the City of Cape Town because it only made a submission that would be relevant if the court concluded that Parliament could only have competently passed the Aarto legislation under section 44 (2) of the constitution. "
The apex court overturned a ruling by the High Court in Pretoria, which had found Aarto to be unconstitutional and invalid and that it should be scrapped in its entirety.
However, then Transport Minister Fikile Mbalula approached the Constitutional Court to overturn the ruling.
Zondo added that the court had rejected Outa's contention that Aarto removed certain powers from municipalities and gave them to other state organs.
The act will set up a single national road traffic regulation system to hold motorists accountable for traffic violations.
"This court has, therefore, refused to confirm the order of invalidity made by the high court, has upheld the minister’s appeal and set aside the order of the high court," said Zondo.
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