Strict new driving laws to be challenged this month
The constitutionality of SA’s strict new driving laws will be brought into focus this month, with the Constitutional Court set to hear arguments over the Administrative Adjudication of Road Traffic Offences (Aarto) Act and the Aarto Amendment Act on 15 November 2022.
Sections of the Acts were declared unconstitutional by the High Court in January, on the grounds that the legislation unlawfully intrudes 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.
Business Tech reports that the Aarto laws move road traffic infringements out of the ambit of the Criminal Procedure Act and into an administrative process.
The laws also aim to introduce the controversial demerit system to the country and implement it nationwide.
The January court ruling declaring parts of the legislation unconstitutional follows a case being brought by civil action group Outa.
The ruling, however, is on hold pending confirmation from the Constitutional Court.
Outa and the City of Cape Town want the Aarto Act and Aarto Amendment Act declared unconstitutional and invalid.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
