Certain provisions in the Administrative Adjudication of Road Traffic Offences (AARTO) Act are unconstitutional and must be stopped before the Act is rolled out. That’s the view of Justice Project South Africa’s chairperson, Howard Dembovsky.
Justice Project SA warned that the newly amended Aarto Act would impact negatively on drivers. Dembovsky is challenging the constitutionality of the Act in court before it’s implemented on 1 June across the country.
On Tuesday, Demobovsky told journalists that that he is not opposing the demerit system but rather some provisions in the Aarto Act because they are legally flawed.
“The foundation is very simple and the principle is very simple. Do I as an individual have the right to be presumed innocent until proven guilty or not? If I don’t then we have wasted a lot of time, money and resources bringing this litigation. But if I do have the right to be presumed innocent then the Aarto cannot be rolled out nationally until the unconstitutional issues in the Act are fixed,” said Demobovsky.
He appealed to South Africans to support his legal challenge.
"I think the time has come for the wider motoring public to wake and smell the coffee because if this is rolled out, it is going to affect them and it is going to affect them in a drastic way and we as South Africans have a tendency to wait until things have hit us hard in the face before we stand up and have our good gripe on social media and the like," he said.
Earlier this month Minister of Transport, Fikile Mbalula, and the Road Traffic Infringement Agency said that the Act is constitutional and will be rolled out as planned come 1 June.
Dembovsky called on motorists to help fund the legal challenge to interdict the Aarto Act until the matter can be heard by a full bench of High Court Judges.