Court misconstrued Aarto Act when declaring it unconstitutional, says RTMC | The Citizen

Aarto seeks to remove traffic infringements from the ambit Criminal Procedure Act and turn enforcement into an administrative process. Here's how that will work

The Constitutional Court has confirmed that the Road Traffic Management Corporation has been admitted as respondents in the legal tussle over the constitutionality of the contentious Administrative Adjudication of Road Traffic Offences Act and the Aarto Amendment Act.

This, according to RTMC, deprived the court information that would have assisted the court in making a judgement based on submissions from all relevant parties. The contentious Act, which was set to be fully implemented by July 2022, is already in force in Tshwane and City of Johannesburg but the demerit system has not been activated.Next week, the Constitutional Court is set to hear arguments in Outa’s application for the confirmation of the Pretoria high court’s order of unconstitutionality and invalidity of Aarto.

But Outa has charged that the RTMC had failed to explain why it did not intervene in the high court case, which was launched in the high court in July 2020 and heard in October last year.The organisation’s Advocate Stefanie Fick said between the institution of the matter and the hearing, the litigation received extensive media coverage.

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