'Aarto Act could be used by Sanral to enforce e-toll compliance'

On Sunday, draft amendments to Administrative Adjudication of Road Traffic Offences Act (Aarto) regulations closed for public comment.

Signed into law in August by President Cyril Ramapphosa, the act could result in traffic law offenders losing their licences through the demerit system.

RELATED: 'Aarto Amendment Act takes away right to be tried before an ordinary court'

The Justice Project South Africa warns that the act is a constitutional breach and it could be used by Sanral to enforce e-toll compliance.

Bongani Bingwa chats to the organisation's chairperson Howard Dembovsky to give more insight on the matter.

Dembovsky says motorists should be cautious about this act.

The fundamental problem with the Aarto Act, is that at its foundation 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.

Howard Dembovsky, Chairperson - Justice Project South Africa

The Aarto Amendment Act states that infringement notices and any other documents required to be served in terms of the act may be served electronically and that electronic service is broad in its definition, he explains.

The Aarto Amendment Act was signed into law on 13 August and the regulations were published for public comment on 11 October. Regulations are what makes the underlying act function.

Howard Dembovsky, Chairperson - Justice Project South Africa

Dembovsky believes that these regulations were hurriedly put together as they contain many grammatical errors.

He says motorist can only defend themselves only in a tribunal.

This tribunal allows for motorists to make applications to it after they have had an unsuccessful written representation to a representation officer employed by the tribunal. If you are dissatisfied with the outcome of that tribunal, only then apply to a magistrate's court for a review of the entire process.

Howard Dembovsky, Chairperson - Justice Project South Africa

The regulations say a motorist cannot introduce new evidence when they go to the magistrate court.

The Aarto charge bill has not been repealed by the new draft regulations and subsequently, the charge for driving on a toll road without paying tolls is still there. Essentially Sanral can automate its process and send out infringement notices to people who drive under gantries and not pay tolls.

Howard Dembovsky, Chairperson - Justice Project South Africa

Listen below to the full conversation:


Recommended

by NEWSROOM AI
Read More
City of Cape Town is better off without Aarto Act, says JP Smith

City of Cape Town is better off without Aarto Act, says JP Smith

Local government official JP Smith says the Act in its current guise could spell bad news for government and motorists.

Aarto draft regulations could end up being challenged in court

Aarto draft regulations could end up being challenged in court

Justice Project South Africa says the regulations are inconsistent with the Constitution and may lead to legal action

DA wants delay of demerit system for motorists until future of e-tolls decided

DA wants delay of demerit system for motorists until future of e-tolls decided

A task team looking into the future of the e-tolls scheme is due to make an announcement within the next few days.

'Aarto Amendment Act takes away right to be tried before an ordinary court'

'Aarto Amendment Act takes away right to be tried before an ordinary court'

Justice Project South Africa chairperson Howard Dembovsky explains what the new bill will mean to motorists.

'Aarto bill there to create revenue, not to promote road safety'

'Aarto bill there to create revenue, not to promote road safety'

Rudie Heyneke outlines Outa's objections to the traffic demerit system signed into law this week.

Demerit driver system under Aarto bill edges closer to taking effect

Demerit driver system under Aarto bill edges closer to taking effect

The bill will see the introduction of new demerit system for various driving offences. Pressure group Outa points out its flaws.

Motorist demerit system hits roadblock with AARTO

Motorist demerit system hits roadblock with AARTO

Nceba Hinana says AARTO's Amendment Bill would have caused havoc on the roads.

Motorists who default on paying for E-tolls in danger of losing their license

Motorists who default on paying for E-tolls in danger of losing their license

Thousands are in danger of losing their licenses, should the law relating to the amended AARTO Amendment Bill come into effect.

Popular articles
Considering emigration? Financial planner discusses the affordability of leaving

Considering emigration? Financial planner discusses the affordability of leaving

Can you afford to leave South Africa? Certified Financial Planner (CFP) Barry O'Mahony on what to consider before deciding.

'SAA’s collapse plays nicely into hands of a politically constrained Ramaphosa'

'SAA’s collapse plays nicely into hands of a politically constrained Ramaphosa'

After dithering for fear of spending political capital, SAA is now out of the President’s hands, says Pieter du Toit (News24).

Jehova Retshepile Wena star Neyi Zimu has passed away

Jehova Retshepile Wena star Neyi Zimu has passed away

The Gospel star succumbed to a long illness on Wednesday night.

There is no Ubuntu in how Khanya Cekeshe has been treated - Thuli Madonsela

There is no Ubuntu in how Khanya Cekeshe has been treated - Thuli Madonsela

Former public protector says the eight-year sentence was too harsh and it shouldn't matter that he was not a Wits student.

[WATCH] Driver assisting a waste reclaimer push trolly up a hill goes viral

[WATCH] Driver assisting a waste reclaimer push trolly up a hill goes viral

Khabazela shares tweets and Facebook posts that have gone viral.

‘South Africans are getting poorer and poorer because of politics’

‘South Africans are getting poorer and poorer because of politics’

SAA is a classic example, says Isaah Mhlanga, Chief Economist at Alexander Forbes Investments.

[VIDEO] People in amusement park thrown off ride in Thailand goes viral

[VIDEO] People in amusement park thrown off ride in Thailand goes viral

Khabazela shares tweets and Facebook posts that have gone viral.