Aarto: ‘Valid and constitutional, but still impractical’
has found that the Administrative Adjudication of Road Traffic Offences Act is constitutional after all.to be unconstitutional and invalid and that it should be scrapped in its entirety.. The act set up a single national system of road traffic regulation to hold motorists to account for traffic violations.At the time, Outa CEO Wayne Duvenage said the organisation did not believe the Aarto legislation could be rewritten to cure the defects and make it constitutional.
Then-transport minister Fikile Mbalula vowed to appeal the court ruling that dismissed the Aarto Act as unconstitutional. “Aarto is the final piece of the puzzle in implementing a new road traffic management system by the democratic state. The importance of Aarto in driving behaviour change of motorists and providing disincentives for unbecoming conduct cannot be over-emphasised,” he said.
“We are disappointed with the concourt’s decision but abide by the apex court’s ruling. Outa believes that measures to improve road safety and reduce fatalities are urgently needed. However, we don’t believe that the Aarto Act will achieve this; it’s just not practically possible. “The Aarto Amendment Act, with higher penalties, tedious and expensive procedures to be followed by the public, and the total lack of prescription on visible policing, will have little or no effect on improving road safety in South Africa,” she said.
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