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ConCourt overturns High Court ruling and declares Aarto constitutional

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The Constitutional Court has declared Aarto constitutional, overturning a High Court ruling.
The Constitutional Court has declared Aarto constitutional, overturning a High Court ruling.
PHOTO: Roger de la Harpe/Gallo Images

The Constitutional Court has found that the Administrative Adjudication of Road Traffic Offences Act (Aarto) is constitutional.

On Wednesday, the apex court overturned an order of the Gauteng High Court in Pretoria, which had found Aarto to be unconstitutional and invalid and that it should be scrapped in its entirety.

In a unanimous decision delivered by Chief Justice Raymond Zondo, the justices agreed that Aarto and the way notices would be served to alleged offenders was not inconsistent with the Constitution. The court also concluded that Parliament had the competence to pass the Act.

"It cannot be said that Parliament had no power to make this law," Zondo said while delivering the judgment.

He added that the court had rejected Outa's contention that Aarto removed certain powers from municipalities and gave them to other state organs.

The Act set up a single national system of road traffic regulation, to hold motorists to account for traffic violations.



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