Neelam Rahim | neelam@radioislam.co.za

2-minute read
13 February 2024 | 16:37 CAT

Image: OUTA

The controversial AARTO BILL is still in limbo after yet another deadline, the first of February, passed without implementation. The AARTO Bill works according to a demerit system that is supposed to impact every motorist.

It will see motorists starting with zero points and then being issued with demerit points according to the specific road violations they have committed. It will work according to motorists facing no consequence until a driver hits 15 demerits, after which their driving licence card, licence discs or operating permits will be suspended for three months per demerit point above the threshold. This can only happen once the tribunal is in place and the Aarto regulations are finalised.

It is the latest speed bump in the government’s plan to replace the existing criminal system with an administrative one. Under this system, drivers will lose points for offences and face suspension or cancellation of their licences if they lose too many, in addition to any fine.

The government has advocated for implementing the demerit system for more than two decades. It says the system will improve road safety and reduce road carnage in South Africa, which has one of the highest road death tolls in the world.

In July 2023, the Constitutional Court ruled in favour of the government’s plan to introduce a demerit system for traffic offenders, overturning an earlier high court ruling that had declared Aarto unconstitutional and invalid. The challenge was brought by the Organisation Undoing Tax Abuse (Outa).

Outa expressed disappointment with the Constitutional Court judgment, saying the new system would not improve road safety but impose undue burdens on motorists, especially those who rely on driving for their livelihoods.

Listen to the full interview on The Daily Round-Up with Moulana Junaid Kharsany and Senior Legal Project Manager at OUTA, Andrea Van Heerden.