Amended Aarto Bill criticised as ‘stealth tax’

The Administrative Adjudication of Road Traffic Offences Amendment (Aarto) Bill is mainly a way for government to get revenue, as it violates motorists’ constitutional rights under the guise of road safety, according to Justice Project South Africa chair Howard Dembovsky.

In his personal capacity, Dembovsky launched a bid in the High Court Pretoria in 2018 challenging the constitutionality of provisions in the Aarto Bill.

The Bill, which was signed off by President Cyril Ramaphosa last year, would result in the licences of violators of traffic rules being suspended or revoked, based on a demerit point system. This is expected to be rolled out in June.

The Bill could be implemented before the court case is finalised.

According to the court application, the Bill is a violation of the constitution, Dembovsky said yesterday.

Should a traffic officer allege that a motorist has violated traffic rules, the person cannot contest the decision and is immediately presumed guilty.

“The looming Aarto Act brings about the points demerit system. I am not opposing that. I am opposing the manner in which you get those points.

“If a traffic officer alleges you have done something, you are presumed guilty and it is up to you to prove you are not.

“I scoured with my senior and junior counsel and numerous other great legal minds to find presumption of guilt in our constitution.

“From what we have been able to determine, every accused person has the right to be presumed innocent until proven guilty.”

Of 17 respondents, at least 12 opposed the court bid, including the transport and police ministers, the Road Traffic Infringement Agency, the Road Traffic Management Corporation, the cities of Tshwane and Joburg, their metro police departments and the South African Police Service.

Dembovsky argued that while government promoted the amended Aarto Bill as a way to reduce accidents and improve safety on the roads, it seemed the actual intent was to create revenue for government.

In Johannesburg and Tshwane alone, at least seven million traffic fines were issued each year, he said.

“They are saying: ‘Let’s take traffic fines and convert them … into stealth taxes’.”

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