Transport Committee welcomes ruling confirming constitutionality of AARTO

12 July 2023

The Portfolio Committee on Transport, welcomes the Constitutional Court’s (ConCourt’s) ruling regarding the Administrative Adjudication of Road Traffic Offences Act (AARTO) today.

The Chairperson of the committee, Ms Mina Lesoma, said this was vindication not only to the work of the committee but Parliament as a people’s institution.

“Vigorous engagements during the public hearings were entered into. Many organisations, including Organisation Undoing Tax Abuse (OUTA), were allowed to voice their concerns which were subsequently engaged thoroughly,” said Ms Lesoma.

She continued: “The committee never doubted its work on that Bill, as every step of the way Parliamentary legal advisors engaged with the work of the committee and provided adequate, relevant and correct advice.”

The AARTO Amendment was meant for, among others, the apportionment of penalties, introduction of an infringement tribunal, and the implementation of the demerit system, as well as rehabilitation of road traffic offenders. The act is intended to decisively address carnage on the roads through improved administrative adjudication.

Ms Lesoma said although a misstep, civil society actions in trying to keep democracy lively and legislation making transparent are welcomed greatly.

Today, the ConCourt found that the AARTO legislation was constitutionally valid and that it did not intrude upon the exclusive executive and legislative competence of the local and provincial governments envisaged in the Constitution, preventing local and provincial governments from regulating their own affairs.

The OUTA brought an application calling on the Concourt to confirm the Pretoria High Court’s 2021 judgement which found that the AARTO legislation was unconstitutional and invalid. In a unanimous judgement, the Concourt disagreed.

Meanwhile, Ms Lesoma condemned the burning of trucks on the roads, an action which President Cyril Ramaphosa has characterised as economic sabotage. “Whatever the frustration, this kind of criminality reflects badly on our country as an economic giant in the region. At this age of intra and inter-trade relations we need not be seeing these kinds of actions.”

She called on law enforcement agencies to leave no stone unturned in finding the culprits and bringing them to account for their actions.

Issued by Sibongile Maputi, Media Officer, Parliament, 12 July 2023