OUTA had brought an application calling on the Concourt to confirm the Pretoria High Court’s judgment of November 2022 that the AARTO legislation (AARTO as well as the AARTO Amendment Act) unconstitutional and invalid. While we respect the unanimous Concourt judgment, OUTA believes that measures to improve road safety and reduce fatalities are urgently needed. “However, we don’t believe that the AARTO Acts will achieve this. South Africa needs effective processes enabled by fair adjudication that comply with the Constitution,” says Advocate Stefanie Fick, executive director for accountability at OUTA. “Merely legislating policy doesn’t make it rational or workable.” 

We foresee several practical challenges, such as poor enforcement, a lack of administrative discipline when it comes to traffic infringement management and a variety of problems in the management of vehicle and driver licencing.

While we believe that improving road safety is crucial and that any legislation or initiatives enhancing safety must be supported, AARTO legislation will not guarantee the implementation of the National Road Safety Strategy and the achievement of the targets of the UN Decade of Action for Road Safety. 

The Concourt judgment is available here and the Concourt summary of the case is available here.

For more information on OUTA’s case, including OUTA's criticism of AARTO and the court papers click here.