Policing methods will hamper Aarto

Already, bribery is rife – in everything from getting licences to avoiding driving tickets – and the points penalty system could worsen it.


In principle, the government’s intention to improve South Africa’s shocking road safety record by introducing a penalty points system for offenders is a sensible idea. It works well in other countries and the deterrent effect has meant an improvement in driving standards and a reduction in deaths on the road. However, the contentious Administrative Adjudication of Road Traffic Offences (Aarto) legislation has been a worryingly long time in being put into action in SA. And now it has become even more problematic because the authorities have given the public just 30 days to comment on draft regulations in connection with…

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In principle, the government’s intention to improve South Africa’s shocking road safety record by introducing a penalty points system for offenders is a sensible idea.

It works well in other countries and the deterrent effect has meant an improvement in driving standards and a reduction in deaths on the road.

However, the contentious Administrative Adjudication of Road Traffic Offences (Aarto) legislation has been a worryingly long time in being put into action in SA.

And now it has become even more problematic because the authorities have given the public just 30 days to comment on draft regulations in connection with Aarto, which effectively amount to a radical rewriting of what has been presented to the public since the idea first began trials almost a decade ago.

The short period for comment is something experts are not happy with, as the changes are so broad and their impact needs to be carefully considered.

The details of the changes are being studied at present and may well deal with some of the shortcomings in the legislation which have been previously identified.

Among these is the reality that Aarto could be unconstitutional because this administrative process – which precludes court procedures – could deny citizens their right to a fair trial.

The most disturbing aspect of the whole process, though, is that it is yet another ANC plan to appear to be doing something about a crisis, yet not resolving some of the fundamental aspects of that crisis.

The worst of those is corruption and inefficiency in the policing and judicial system.

Already, bribery is rife – in everything from getting licences to avoiding driving tickets – and the points penalty system could worsen it.

Without a change in policing methods and attitudes, whatever Aarto does or does not stipulate will just be a waste of time.

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