AARTO: ONE UNCONSTITUTIONAL LAW, A WHOLE LOT OF NEW LEGAL DRAMA
OUTA’s original application to declare AARTO unlawful, was brought against four respondents: the Minister of Transport, the Minister of Cooperative Governance and Traditional Affairs, the Road Traffic Infringement Authority (RTIA, a state-owned entity which reports to the Minister of Transport and is responsible for implementing AARTO) and the RTIA Appeals Tribunal. Only the Minister of Transport and the RTIA opposed OUTA’s application in the high court.
On 3 February, OUTA applied to the Concourt for confirmation of the Pretoria High Court ruling. The Minister of Transport only filed notice of intention to oppose three weeks later. The Minister then had 15 days to file an answering affidavit, but by 12 April the Minister had still not filed that affidavit.
It is thus unclear whether the Minister is in fact opposing OUTA’s application. No other respondents have filed an intention to oppose.
The Road Traffic Management Corporation (RTMC), a state-owned entity that reports to the Minister of Transport, was not party to the high court case. However, on 8 March, it applied to the Concourt for permission to intervene and be joined as the fifth respondent in the case. The RTMC wants to join the appeal against the high court judgment; failing that, the RTMC wants to oppose OUTA’s application for confirmation of constitutional invalidity. This is the first indication it is interested in the matter.
OUTA has filed notice of intention to oppose the RTMC’s intervention application and filed an answering affidavit in support of this.
You can read more about the latest developments in this case here.
More information on OUTA’s long-standing opposition to AARTO as an ineffective response to road traffic infringements can be found here.