Mbalula ‘studying’ Aarto ruling

Mbalula ‘studying’ Aarto ruling

Transport Minister Fikile Mbalula says he is studying the High Court ruling which declared the Administration Adjudication of Road Traffic Offences Act (Aarto) unconstitutional.

Fikile MBalula
Twitter: @MbalulaFikile

The ruling by the High Court in Pretoria means the implementation of Aarto, including the driving licence points demerit system, will have to be halted.

“The minister is studying the judgment and will be guided by legal advice on whether to appeal the judgement or not,” the department said in a statement on Thursday.

The Organisation Undoing Tax Abuse (Outa) lodged an application in the High Court in Pretoria in July 2020 to declare both acts unconstitutional.

In Outa's submission, the organisation pointed out that the act infringers on provisions made parts A and B of the Constitution's schedule for local and provincial government to regulate traffic infringements.

The amendment introduces a compulsory system of administrative enforcement of traffic laws through tribunals, fines and a demerit points system. 

But Outa told the court it believes the Constitution empowers municipalities to deal with the issue. 


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