OUTA heads to ConCourt to have AARTO Act declared unconstitutional. The Pretoria High Court ruled in January that the law took road traffic infringements ⛔ out of the hands of local authorities. Catch up on what's happening here: AARTOAct
’s case to have the Administrative Adjudication of Road Traffic Offences Act and the AARTO Amendment Act to be declared unconstitutional.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.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
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