Aarto: Outa heading to ConCourt despite Mbalula’s intention to appeal ruling

The Organisation Undoing Tax Abuse (Outa) will proceed with its bid to have the Administrative Adjudication of Road Traffic Offences (Aarto) Acts declared invalid by the Constitutional Court (ConCourt).

This comes after the Pretoria High Court delivered its judgement last Thursday with Judge Annali Basson ruling that both the Aarto Act and Aarto Amendment Act “must be declared to be inconsistent with the Constitution in its entirety”.

Outa argued its case against both Acts in October last year.

While Transport Minister, Fikile Mbalula recently revealed that the Department of Transport will appeal the high court’s judgement, Outa says it will approach the ConCourt for the ruling to be confirmed in terms of section 172(2)(d) of the Constitution.

Outa’s senior legal project manager, Andrea van Heerden indicated that the organisation has until 3 February to file their papers.

Van Heerden noted Mbalula’s intention to appeal, saying the move did not come as a shock to Outa.

ALSO READ: Aarto: Setting itself up to be SA’s next e-tolls failure

“Minister Mbalula would be better advised to consult widely with civil society and major road safety stakeholders to gain input on meaningful initiatives to improve law enforcement and develop a national culture of road safety which is constitutionally sound in law and effective,” she said.

However, Van Heerden pointed out that the minister will have to oppose the organisation’s confirmation application at the ConCourt.

“Typically, cases that reach the ConCourt start in the high court, which has the power to grant various remedies and can declare legislation invalid.

“Any decision that invalidates provincial or parliamentary legislation or any conduct of the President must be confirmed by the ConCourt before it has any effect.

“The ConCourt has the discretion on whether to hear a matter; an exception to which is where an Act has already been declared invalid and the ConCourt is required to confirm the finding. This is in terms of Rule 16 of the Constitutional Court rules,” she explained.

She further acknowledged the “legal uncertainty” regarding Aarto, which will linger until the ConCourt confirms the Acts to be unconstitutional and invalid.

‘Unlawful behaviour’

During a media briefing on Tuesday, Mbalula defended the Aarto Act, saying it was needed to tackle “unlawful behaviour” on the roads with its demerit system.

“A fragmented system that fails to recognise the importance of a system grounded on national norms and standards in order to maximise its effectiveness will only result in chaos and serve as a perverse incentive for unlawful behaviour,” he said.

The minister described Aarto as the “final piece of the puzzle” in paving the way for a new road traffic management system in the country.

READ MORE: Dissecting the incoming Aarto demerit system for drivers

“The importance of Aarto in driving behaviour change of motorists and providing disincentives for unbecoming conduct cannot be over-emphasised,” Mbalula said.

His comments come after it was revealed that more than 1,500 motorists were arrested for drunk driving, according to the 2021 festive season road safety statistics.