Outa disappointed at ConCourt’s Aarto judgment
The Organisation Undoing Tax Abuse (Outa) has expressed disappointment after the Constitutional Court ruled the Aarto Act constitutional.
The Constitutional Court on Wednesday ruled against 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.”
Outa's Stefanie Fick says the organisation is of the opinion that the Aarto legislation will not achieve the principal purpose of enhancing road safety.
"We are disappointed with the Concourt’s decision but abide by the apex court’s ruling. OUTA believes that measures to improve road safety and reduce fatalities are urgently needed. However, we don’t believe that the AARTO Acts will achieve this. It’s just not practically possible. South Africa needs effective processes enabled by fair adjudication that comply with the Constitution.
"Outa believes that improving road safety is crucial and that any legislation or initiatives enhancing safety must be supported. Outa, however, does not believe that Aarto will be the silver bullet guaranteeing the implementation of the National Road Safety Strategy and the achievement of the targets of the UN Decade of Action for Road Safety.
"The Aarto Amendment Act with higher penalties, tedious and expensive procedures to be followed by the public, and the total lack of prescription on visible policing will have little or no effect on improving road safety in South Africa."
Fick adds that the organisation believes that the Aarto practical challenges are mainly due to poor enforcement and lack of administrative discipline.
"The Aarto Amendment Act with higher penalties, tedious and expensive procedures to be followed by the public, and the total lack of prescription on visible policing will have little or no effect on improving road safety in South Africa.
"Merely legislating policy doesn’t make it rational or workable. Governments often suffer from the false belief that if the laws and regulations are in place, the people will simply comply. Irrational and or impractical laws and a lack of transparency result in pushback from society, making systems ungovernable. The sad reality is that government begins to suffer from a crisis of legitimacy when it cannot exercise its power over people by effectively enforcing its legislation and policies.”
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