ConCourt to hear Outa’s case on unconstitutionality of AARTO Act

The Constitutional Court (ConCourt) on Tuesday is expected to hear arguments on the Organisation Undoing Tax Abuse’s (Outa) case to have the Administrative Adjudication of Road Traffic Offences Act (AARTO) and the AARTO Amendment Act to be declared unconstitutional.

AARTO Act

This follows Outa’s successful challenge of the legislation at the Pretoria High Court earlier this year in January.

The high court declared the AARTO Act and the AARTO Amendment Act unconstitutional on the grounds that the law encroached on provincial and local government competencies.

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The court’s declaration of unconstitutionality is on hold pending its confirmation by the ConCourt.

AARTO is the law that moves road traffic infringements out of the ambit of the Criminal Procedure Act and into the courts, and into an administrative process.

“Outa wants the AARTO Act and AARTO Amendment Act declared unconstitutional and invalid, arguing that they usurp the executive authority of local and provincial government on traffic matters on municipal and provincial roads.

“If the ConCourt finds against Outa on this aspect, Outa seeks an order declaring Section 30 of the AARTO Act and section 17 of the AARTO Amendment Act unconstitutional, on the grounds that these fail to provide for adequate service of notices on infringers.

“If the ConCourt confirms invalidity, Outa asks for this to be immediate, to prevent government from incurring significant cost from rolling out the law nationally,” said Outa’s senior legal project manager, Andrea van Heerden, in a statement.

Mbalula opposes Outa’s application

Transport Minister Fikile Mbalula is opposing Outa’s application and wants the apex court to overturn the high court order.

The minister argued in court papers the high court order was extraordinary in its reach and effect as it declared the entire law and amendment unconstitutional.

If the ConCourt confirms the invalidity of the AARTO and the AARTO Amendment Act, Mbalula asked for the law to be suspended for 24 months to allow Parliament time to rectify the legislation.

The minister argued this was because AARTO could be limited to national traffic regulations.

The ConCourt has admitted the Road Traffic Management Corporation (RTMC) as the fifth respondent and the City of Cape Town as amicus curiae in the case.

Compiled by Thapelo Lekabe

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