With the period for public comment regarding the amended Administrative Adjudication of Road Traffic Offences Act (AARTO) having ended on Sunday, November 10, chairperson of the Justice Project South Africa, Howard Dembovsky, warns that the act will be used to enforce E-toll compliance.
This is although the act, Dembovsky told a radio station during an interview yesterday, is in violation of the Constitution.
Signed by President Cyril Ramaphosa on August 13 this year, the act warns motorists that they could lose their licenses should they not adhere to traffic laws.
It stipulates that a licence holder will accumulate demerit points for road traffic related offences. The demerit points that a driver incurs are reflected on the National Contravention Register and are recorded when the infringer pays the fine. If a person exceeds 12 points on the demerit system, that person will be disqualified from driving or operating a motor vehicle.
Dembovsky explained that the fundamental problem with the act is that it presumes a person to be guilty, and then it is up to you to prove yourself innocent.
“That is completely contrary to the provisions of Section 35(3) of the Constitution of the Republic of South Africa,” he says.
According to Dembovsky the amendments contain many grammatical errors which is why he believes the regulations were hurriedly put together.
He said motorists can only defend themselves in a tribunal. He further explained that the AARTO charge bill had not been repealed by the new draft regulations and subsequently the charge for driving on a toll road without paying tolls is still there.
