Strict new driving rules and demerit system for South Africa declared lawful (AARTO Implementation)

The Constitutional Court has declared that South Africa’s strict Administrative Adjudication of
Road Traffic Offences (Aarto) Act is valid and constitutionally sound.
On Wednesday (12 July), the Concourt ruled that the Aarto legislation is constitutionally valid
and thus legal, dismissing civil action group Outa’s legal challenge to the law.
Outa had brought an application calling on the Concourt to confirm the Pretoria High Court’s
judgment of November 2022 that the Aarto legislation was unconstitutional and invalid.
The disputed legislation is the Aarto and the Aarto Amendment Act of 2019, which brought
certain aspects of the Aarto Act into effect.
The Aarto Act has been in effect in some cities in South Africa – specifically Johannesburg and
Pretoria – for some time, but the amendments allow the system to be launched across the
The Concourt judgment was written by Chief Justice Raymond Zondo and was unanimous.

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