Constitutional Court declares AARTO Act valid

The Constitutional Court declared the AARTO Act constitutionally valid on Wednesday morning.

BREAKING – THE CONSTITUTIONAL COURT FOUND AARTO TO BE CONSTITUTIONALLY VALID

Chief Justice Raymond Zondo said the Constitutional Court had upheld the contentions advanced by the minister of transport, the Road Traffic Infringement Agency, and the Road Traffic Management Corporation that the subject matter of the Aarto Act falls within the functional area described as ‘road traffic regulation’.

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The government is of the firm opinion that the road management system will help fight lawlessness by motorists.

THE GOVERNMENT SAID THE ROAD MANAGEMENT SYSTEM WILL HELP FIGHT LAWLESSNESS BY MOTORISTS

The system was supposed to be fully implemented in July last year, but it’s been delayed by court challenges.

Lobby group OUTA launched a legal bid in the High Court last January to declare the Act unconstitutional and invalid.

OUTA BELIEVES THE ACT INFRINGES ON THE RIGHTS OF DRIVES AND OWNERS OF VEHICLES

On Wednesday, the apex court overturned an order of the Gauteng High Court in Pretoria, which had found Aarto to be unconstitutional and invalid and that it should be scrapped in its entirety.

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Outa believes the Act infringes on the rights of drivers and owners of vehicles as it deems fines “delivered” if sent by post or emailed.

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THE SYSTEM WAS SUPPOSED TO BE FULLY IMPLEMENTED IN JULY LAST YEAR

In addition, 50% of the fines and admin fee will go to the Road Traffic Infringement Agency, resulting in municipalities losing half of the revenue generated by fines.

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