South Africa: Outa Wants High Court to Put the Brakes On New Traffic Fine System

The civil action group is seeking an urgent interdict to stop the roll-out of the new Aarto system, in which car owners with unpaid traffic infringements face blocked licenses, sales, or transfers. They argue in court papers that President Cyril Ramaphosa acted unlawfully and irrationally in proclaiming the new scheme.

The Organisation Undoing Tax Abuse (Outa) is heading to court on Tuesday, 4 August, with an urgent application to stop the roll-out of phase two of the Administrative Adjudication of Road Traffic Offences (Aarto) system, arguing that no structures are in place that would enable motorists to appeal against an infringement notice.

This matters because motorists ignoring fines can be locked out of the Electronic National Administration Traffic Information System (eNatis), making it impossible for them to renew their vehicle and driver's licences.

According to Aarto's own legislation, motorists do not have access to court to dispute an infringement notice until their case has been heard by the Appeals Tribunal.

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Outa's executive director for accountability, advocate Stefanie Fick, said in papers before the Gauteng Division of the High Court in Pretoria that the system was put in place before the establishment of appeals tribunals where motorists could dispute an infringement notice.

Fick also pointed out that the tribunal was required by law to develop rules for the hearing of appeals, and to publish them. This has also not been done. She argues that because of these glaring shortcomings, President Cyril Ramaphosa acted unlawfully and irrationally in bringing in the new...

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