The Aarto Amendment Act, on which the planned demerit system for traffic offences is based, has been deemed unconstitutional and invalid by the Pretoria High Court. On Thursday morning, the court issued its decision on the constitutionality of the Aarto Act.
The Organization Undoing Tax Abuse (Outa) challenged the Act’s constitutionality, asking the court to declare both the original Act and the amended Act unlawful in October 2021. Judge Annali Basson agreed with Outa’s position and ruled in its favour.
Outa’s Wayne Duvenhage: “For several years now we’ve tried to engage with the authorities and making sure that the various amendments and changes are constitutional, practical and workable but true to form they have ignored our input and not participated meaningfully with civil society, which left us no alternative but to go to court and have it stopped in its tracks. We’re very pleased with the judge’s ruling. It now sends government back to the drawing board on what has become quite a mess.”
Outa’s costs were ordered to be paid by the Minister of Transport and the Road Traffic Infringement Agency (RTIA) by the court.