OUTA and the Minister of Transport are opposing each other in the Concourt over the constitutional validity of the Administrative Adjudication of Road Traffic Offences Acts (AARTO and the AARTO Amendment Act). OUTA has applied to the Concourt to confirm the unconstitutionality of the law, which the Minister is opposing, while the Minister has also filed an appeal in the Concourt against the high court judgment, which OUTA is opposing.

The Road Traffic Management Corporation (RTMC) was not part of the initial high court matter but in March 2022  applied to intervene in the  Concourt matter and be joined as a party to the proceedings; a decision on this is still awaited.

We are awaiting directions from the Concourt on how this matter will proceed. Both OUTA and the Minister have asked the Concourt for a speedy resolution.

In January 2022, the Pretoria High Court found that the AARTO Acts unconstitutionally intruded on the executive and legislative powers of provincial and local governments, finding in favour of OUTA’s application. The Concourt matter is a continuation of this case.

“I deny that the AARTO Act and the Amendment Act are unconstitutional and invalid. The High Court misdirected itself when it found that the Acts are unconstitutional and invalid,” said Mbalula in his affidavit opposing OUTA’s confirmation application, filed in April. He has already filed grounds for appeal in the appeal matter.

AARTO continues until the Concourt decides on its future. The law currently applies only in Gauteng, and the driver’s licence points system has not yet started.

More information on OUTA’s long-standing opposition to AARTO as an ineffective response to road traffic infringements and on this legal action can be found here.