The difference between registered mail and secured mail to serve road traffic offences – better known as Aarto notices – was a hot topic of debate in the Gauteng High Court (Pretoria) this week. The Justice Project SA insisted that either personal service or service by registered mail was the only way in which to serve traffic fines in terms of the Aarto Act.

According to a Pretoria News report, it asked Judge David Unterhalter to declare fines could only be served via these means.

It also wanted an order to force the authorities to serve notices only by registered post if it was not served personally on a motorist who had committed a traffic offence. It sought an order compelling the authorities to cancel all fines which were not served via registered mail (if it was not personally handed to the offender).

But counsel acting for the Justice Project, during a debate with the judge, conceded this was perhaps not viable.

The Justice Project said it had come to its attention that the ‘hybrid mail’ service offered by the SA Post Office – secure mail – was not equivalent to its registered mail service. It was argued that the Aarto Act did not make provision for secure mail; only for registered mail.

It wanted the registrar of the Road Traffic Infringement Agency to stop sending any traffic fines by ‘hybrid mail’ as these did not always reach its destination due to problems at the Post Office, including strikes.

The Post Office responded that secure mail was exactly the same concept as registered mail.

Unterhalter remarked that secure mail seemed to be a form of registered mail. ‘If that’s true, there is no need for registered mail,’ he said. Counsel for the Justice Project, however, said secure mail and registered mail were ‘two different species’.

Full Pretoria News report