Outa to challenge constitutionality of Aarto roll-out

Outa to challenge constitutionality of Aarto roll-out

The Organisation Undoing Tax Abuse (Outa) wants to challenge the constitutionality of the Administrative Adjudication of Road Traffic Offences (Aarto) Act.

Traffic on the highway / Pexels
Traffic on the highway / Pexels

The act was signed into law by President Cyril Ramaphosa in August.

While Outa says it would like to see the system working, it believes Aarto is flawed in many ways.

"We’re not opposed to sanctions against bad driving or the demerit point system," says the organisation’s Rudie Heyneke.

"However, this scheme is flawed in its administrative processes, constitutionality and ability to reduce road fatalities. Outa believes the Aarto Amendment Act, which includes the drivers’ demerit system, is a poorly considered piece of legislation which will be impossible to implement.

"An unenforceable law will not help to address the road accident problem," he adds.

This is not the first time Outa has voiced concerns over Aarto.

"Outa opposed this law from when the amendment bill was published in 2015", says Heyneke. 

"In July, Outa wrote to President (Cyril) Ramaphosa, asking him not to sign it into law, saying that it does not withstand constitutional scrutiny.

"Our engagements in Parliament and letters to the president have been ignored.”

The president signed the law in August but did not proclaim the date from which it would become effective.
However, yesterday, Transport Minister Fikile Mbalula said the start date for the Aarto law would soon be proclaimed and that the system will be in full effect from June next year.
The announcement was made at the launch of Transport Month in Gauteng on Saturday.

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