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OUTA Contemplates Traffic Fine Class Action

OUTA congratulates Fines-4-U and their client, Audi Centre Johannesburg, on the win against an appeal by the Road Traffic Infringement Agency, as regards the unlawfulness of the AARTO traffic fine process applied in Johannesburg and Tshwane.

It is clear to OUTA that the traffic infringement authorities have not applied themselves in accordance with the legal processes and regulations under the AARTO Act, as required by law, from as far back as 2008. As per the judgement issued by Judge Prinsloo on 5th May 2017 for this case (Number 30586/2014), the public now has every right to challenge authorities refusing to renew vehicle and drivers licences, where enforcement orders are in place, as a result of traffic fines illegally issued in Johannesburg and Tshwane.

“This judgment is a win the people and a sure sign that active citizenry, when applied effectively, holds authorities accountable for unjust actions,” says Wayne Duvenage, OUTA’s Chairperson. “What matters first and foremost is the authorities conduct themselves within the laws of this country before they expect citizens to do the same.”

As a result of the ruling in favour of the people, OUTA is compiling a class action and other legal avenues which will compel the RTIA and relevant metros to withdraw all unlawfully processed traffic fines. “This does not suggest OUTA supports the idea of unlawful conduct on our roads, it means the authorities need to take the matter of law enforcement seriously,” says Duvenage. “Furthermore, it is important the RTIA shifts its policy of treating treating traffic enforcement as a revenue generating tool to one of addressing road safety issues.”

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