The opposition-led Johannesburg and Tshwane metros which have ‘guinea pigs’ for the implementation of Aarto are contemplating legal action against government for lost revenue, according to a Rapport report.

This follows the judgment in the Gauteng High Court (Pretoria) declaring the Act unconstitutional due to its infringement of local government functions.

Aarto has been used only in these two metros over the past 13 years.

David Thembe, mayoral committee member for community safety in Johannesburg, says they are exploring options to recover lost funds.

‘If we issued a fine of R500, the (Road Traffic Infringement Agency created by the Aarto Act) took R250. It is billions.’

Grandi Theunissen, Thembe’s counterpart in Tshwane, also said that metro is exploring options for recovery. However, public law expert, Professor Bernard Bekink, from the University of Pretoria, says this could be a legal conundrum as declarators of unconstitutionality do not ordinarily have retrospective effect.

Bekink says the interested parties should ask the Constitutional Court for guidance about the way forward and clarity on issues such as the enforceability of infringement notices issued in terms of the Aarto Act.

Full report in Rapport (subscription needed)