No Demerit System – AARTO Unconstitutional says High Court

No Demerit System – AARTO Unconstitutional says High Court

The High Court in Pretoria has declared the Aarto Amendment Act, on which the planned demerit system for traffic offenses is based, unconstitutional and invalid. The court delivered its long-awaited ruling on the constitutionality of the AARTO Act on Thursday morning.

The Organisation Undoing Tax Abuse (Outa) challenged the constitutional validity of the infamous Act and asked the court in October 2021 to declare both the main Act as well as the amendment Act unconstitutional and invalid.

High Court Judge Annali Basson found in favour of Outa and agreed with its position on  the unconstitutionality of the AARTO act.

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.”

The court directed the Minister of Transport and the Road Traffic Infringement Agency (RTIA) to pay Outa’s costs as well.


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