JPSA takes AARTO Act to court.

According to Howard Dembovsky, head of Justice Project South Africa, The Administrative Adjudication of Road Traffic Offences (AARTO) Act is unconstitutional and should be struck down.

Dembovsky said that the AARTO Act, aimed at curbing traffic offences, presumes guilt on the part of an accused person. He said it also promotes “grossly unjust measures to extract revenues”. This is “facilitated through the coercive practice of withholding licence discs and other documents from persons”, he said.

He also added that the AARTO Act was implemented almost solely to extract revenue from road users. “My rights and the rights of my fellow South Africans are shared through the Constitution,” said Dembovsky. He has filed papers against AARTO in the North Gauteng High Court.

Dembovsky review of the act found that it hardly features a focus on road safety, he also found that the AARTO pilot project – which was set to last 18 months – has been running for 10 years.

If Dembovsky is successful in his court challenge, he said the government and the law enforcement community should simply obey the law and enforce laws within the prescripts of the law.

Dembovsky’s affidavit can be found here.

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Posted 19 April 2018 | Staff Writer

#AARTO #JPSA