New demerit system could spark legal action to stop its roll-out
An announcement by President Cyril Ramaphosa this Saturday, that the traffic points demerit system will take effect on April 1, could spark at least two court applications to stop the countrywide roll out.
Ramaphosa signed into law the Aarto Amendment Act on August 13, after it was approved by the National Assembly and National House of Provinces with the support of all provinces, except the Western Cape.
The announcement about the implementation date has been outstanding.
According to a statement, Ramaphosa will give the keynote address at the official launch of the October Transport Month campaign on Saturday, during a function at the Heidelberg weighbridge on the N3 highway.
The function will be attended by Transport Minister Fikile Mbalula, Gauteng Premier David Makhura, several MECs, senior government officials from all provinces and “key stakeholders including the private sector, transport industry, motorcycling association, the religious and interfaith fraternity and family members of those who lost their lives to road crashes”, according to the statement.
It refers to Ramaphosa’s signing of the Act as “paving the way for the ushering of a new regime in driver and road user behaviour for the country”.
The statement doesn’t indicate whether the implementation date will be announced at the event and Monde Mkalipi, spokesperson of the Road Traffic Infringement Agency (RTIA), that administers the Act, wouldn’t confirm it.
Moneyweb has however been told that it is definitely on the agenda and Mkalipi confirmed that such an announcement is expected “very, very soon”.
Less optimistic about the prospects of Aarto to improve road safety is the Organisation Undoing Tax Abuse (Outa).
“We are at an advanced stage of preparing a court application to stop the implementation,” said Outa portfolio manager for transport Rudie Heyneke.
He said Outa’s legal advisors however advised that it will be premature to bring an application before an implementation date has been announced.
Heyneke said Outa was extremely sceptical about the ability of stakeholders, including municipalities as issuing authorities, to comply with Aarto’s huge administrative burden and failure to do so will result in the denial of road users’ constitutional rights to, among other things, state their case.
Statistics show that a large percentage of those accused of contravening traffic laws want to defend themselves, Heyneke said.
Outa however questioned the independence of those who will consider representations made by motorists under Aarto. “They will basically be working for the RTIA,” he said.
“Under Aarto it will take years before a matter can be challenged in court.”
DA shadow minister for transport Chris Hunsinger said the party also decided in principle to oppose the Act in its current form.
He said after Ramaphosa signed the Bill, the DA wrote to him about several matters of concern. It will be a pity if government nevertheless moves forward with implementation, he said.
The DA is also concerned about the ability of motorists to exercise their rights under Aarto and the state of readiness of municipalities, the first cog in the Aarto wheel, which will play a crucial role as issuing authorities. –